Tribal Citizen Issued Ticket Over Tribal Tag After Uncommon Example Of Enforcement

An uncommon example of enforcement could impact thousands of Oklahomans who use tribal license plates.

The Otoe-Missouria Tribe issued a statement on Thursday after a citizen was informed that they could not use their tribal car tag.

The citizen posted on Facebook that, they were given a $249 ticket by the Oklahoma Highway Patrol for operating a vehicle "on which all taxes due to the state have not been paid." The citizen said the trooper told them that they were using tribal tags outside of their jurisdictional area.

Meaning that the citizen's registered address was not located within the tribal jurisdiction of the Otoe-Missouria, making them unqualified to drive their car using the tribe's tag.

In response, the Otoe-Missouria Tribe said that this new rule is real and was made by the state without consultation of the tribe.

On Wednesday, the Tribe was made aware of an incident that occurred to one of our enrolled tribal members residing in Garfield County. This person was issued a $249 traffic citation for failure to pay state taxes on their motor vehicle. The justification for the citation was that the tribal member did not have a right to a tribal tag because, by the estimation of the Oklahoma Highway Patrol officer, the tribal member lives outside of the Otoe-Missouria tribal jurisdiction.

“After over 20 years of cooperation between the State and Tribes regarding vehicle tag registration, it appears the State has altered its position of understanding concerning tribal tags,” Otoe-Missouria Chairman John Shotton says. “This change was made without notice or consultation with all Tribes that operate vehicle tag registration. We are concerned about this change and are reviewing all legal options to address this issue. Once again, consultation and/or diplomacy with the tribal governments prior to this policy implementation would have been helpful to avoid this difficult situation”

Muscogee (Creek) Nation Principal Chief David W. Hill also issued a statement about the situation:

Today, the Executive and Legislative Branches discussed allegations that have come to our attention about tribal vehicle tags with registered addresses outside the Reservation possibly being ticketed as illegal. We met and discussed the facts in front of us and the verifiable information that we have gathered on this matter. As we continue to seek out more clarification and resolution on this issue, we are in constant communication with our legal team for counsel and determining any action that may be necessary. We will keep citizens updated with further communication on this matter as it continues to develop.

And The Oklahoma Highway Patrol issued this statement:

"There are two circumstances in which an Indian living in Oklahoma may use a tribal tag in lieu of a state-issued tag:

• Pursuant to the United States Supreme Court's holding in Okla. Tax Comm'n v. Sac & Fox Nation, 508 U.S. 14 (1993), Indians may use a tribal tag if they (1) have registered their vehicles through the tribe and (2) reside and principally garage their vehicle in the tribe's Indian country.

• For tribes with a valid compact with the state, members of those tribes may lawfully use a tribal tag no matter where the person lives.

Other than these two circumstances, all Oklahomans must register their vehicleswith an Oklahoma tag and registration. Oklahomans who fail to do so are subiect to enforcement under the Oklahoma Vehicle License and Registration Act, which may include a misdemeanor citation and/or impoundment ofthe vehicle."