USA Statutes : nevada
Title : Title 43 - PUBLIC SAFETY; VEHICLES; WATERCRAFT
Chapter : CHAPTER 480 - ADMINISTRATION OF LAWS RELATING TO PUBLIC SAFETY
As used in this chapter, unless the
context otherwise requires:
1. “Department” means the Department of Public Safety.
2. “Director” means the Director of the Department of Public
Safety.
(Added to NRS by 2001, 2532 )
DEPARTMENT OF PUBLIC SAFETY
1. The Department of Public Safety is hereby created.
2. The Department is vested with the powers and authority provided
in this chapter and shall carry out the purposes of this chapter.
(Added to NRS by 2001, 2532 )
Except as otherwise provided therein, the Department
shall execute, administer and enforce, and perform the functions and
duties provided in:
1. Chapters 176A and 213 of NRS relating to parole and probation;
2. Chapter 414 of NRS relating to
emergency management;
3. Chapter 453 of NRS relating to
controlled substances and chapter 454 of NRS
relating to dangerous drugs;
4. Chapter 459 of NRS relating to the
transportation of hazardous materials;
5. Chapter 477 of NRS relating to the
State Fire Marshal; and
6. NRS 486.363 to 486.377 , inclusive, relating to the education and
safety of motorcycle riders.
(Added to NRS by 2001, 2532 ; A 2003, 415 )
1. The office of Director is hereby created within the Department
of Public Safety.
2. The Director of the Department:
(a) Is appointed by and serves at the pleasure of the Governor;
(b) Must be appointed with special reference to his training,
experience, capacity and interest in the field of administration or the
administering of laws relating to public safety;
(c) Is in the unclassified service of the State; and
(d) Shall devote his entire time and attention to the business of
his office and shall not pursue any other business or occupation or hold
any other office of profit.
3. The Director may, within the limits of legislative
appropriations, employ such deputy directors as may be needed for the
administration of the Department. A deputy director:
(a) Serves at the pleasure of the Director;
(b) Must be appointed with special reference to his training,
experience, capacity and interest in the field of administration or the
administering of laws relating to public safety;
(c) Is in the unclassified service of the State; and
(d) Except as otherwise provided in NRS 284.143 , shall devote his entire time and attention to
the business of his office and shall not pursue any other business or
occupation or hold any other office of profit.
4. The Director shall appoint such technical, clerical and
operational staff as the execution of his duties and the operation of the
Department may require.
(Added to NRS by 2001, 2532 )
The Department consists of:
1. An Administrative Services Division;
2. An Investigation Division;
3. A Nevada Highway Patrol Division;
4. A Division of Emergency Management;
5. A State Fire Marshal Division;
6. A Division of Parole and Probation;
7. A Capitol Police Division; and
8. A Training Division.
(Added to NRS by 2001, 2533 )
The
primary functions and responsibilities of the divisions of the Department
are as follows:
1. The Administrative Services Division shall furnish fiscal,
accounting and other administrative services to the Director and the
various divisions, and advise and assist the Director and the various
divisions in carrying out their functions and responsibilities.
2. The Investigation Division shall:
(a) Execute, administer and enforce the provisions of chapter 453
of NRS relating to controlled substances and
chapter 454 of NRS relating to dangerous
drugs;
(b) Assist the Secretary of State in carrying out an investigation
pursuant to NRS 293.124 ; and
(c) Perform such duties and exercise such powers as may be
conferred upon it pursuant to this chapter and any other specific statute.
3. The Nevada Highway Patrol Division shall, in conjunction with
the Department of Motor Vehicles, execute, administer and enforce the
provisions of chapter 484 of NRS and perform
such duties and exercise such powers as may be conferred upon it pursuant
to NRS 480.360 and any other specific
statute.
4. The Division of Emergency Management shall execute, administer
and enforce the provisions of chapter 414 of
NRS and perform such duties and exercise such powers as may be conferred
upon it pursuant to chapter 414 of NRS and
any other specific statute.
5. The State Fire Marshal Division shall execute, administer and
enforce the provisions of chapter 477 of NRS
and perform such duties and exercise such powers as may be conferred upon
it pursuant to chapter 477 of NRS and any
other specific statute.
6. The Division of Parole and Probation shall execute, administer
and enforce the provisions of chapters 176A
and 213 of NRS relating to parole and
probation and perform such duties and exercise such powers as may be
conferred upon it pursuant to those chapters and any other specific
statute.
7. The Capitol Police Division shall assist the Chief of the
Buildings and Grounds Division of the Department of Administration in the
enforcement of subsection 1 of NRS 331.140 .
8. The Training Division shall provide training to the employees
of the Department.
(Added to NRS by 2001, 2533 )
1. The Director shall:
(a) Direct and supervise all administrative and technical
activities of the Department.
(b) Formulate the policies of the Department and the various
divisions thereof.
(c) Coordinate the activities of the various divisions of the
Department.
(d) Adopt such regulations as he deems necessary for the operation
of the Department and the enforcement of all laws administered by the
Department.
2. The Director may delegate to the officers and employees of the
Department such authorities and responsibilities not otherwise delegated
by a specific statute as he deems necessary for the efficient conduct of
the business of the Department.
(Added to NRS by 2001, 2534 )
1. The Department shall keep its main office at Carson City,
Nevada, in rooms provided by the Buildings and Grounds Division of the
Department of Administration.
2. The Department may maintain such branch offices throughout the
State as the Director deems necessary for the efficient operation of the
Department and the various divisions thereof. The Director may enter into
such leases or other agreements as may be necessary to establish such
branch offices.
(Added to NRS by 2001, 2534 )
Money collected or received by:
1. The Division of Emergency Management pursuant to chapter 414
of NRS; or
2. The State Fire Marshal Division pursuant to chapter 477 of NRS,
Ê must be deposited with the State Treasurer for credit to the
appropriate accounts of the respective divisions.
(Added to NRS by 2001, 2534 )
PUBLIC SAFETY TELECOMMUNICATIONS OPERATORS
Repealed. (See chapter 169, Statutes of Nevada 2005, at page 548 .)
Repealed. (See chapter 169, Statutes of Nevada 2005, at
page 548 .)
Repealed. (See
chapter 169, Statutes of Nevada 2005, at page 548 .)
NEVADA HIGHWAY PATROL
There is hereby created within
the Department a division to be known as the Nevada Highway Patrol.
(Added to NRS by 2001, 2535 )
The Nevada Highway Patrol is composed of
the following personnel appointed by the Director:
1. One Chief; and
2. Such number of inspectors, supervisors, troopers and commercial
officers as the Director determines necessary to perform the duties set
forth in NRS 480.360 , within the limits
of legislative appropriations therefor.
(Added to NRS by 2001, 2535 )
The Nevada Highway Patrol shall
not authorize any payment to a cadet for holding himself ready for duty
if the cadet is attending an authorized training academy for which room
and board is provided at no cost to the cadet.
(Added to NRS by 2001, 2535 )
1. The Chief of the Nevada Highway Patrol is the chief officer of
the Nevada Highway Patrol and has the powers and duties provided in NRS
480.360 , which must be performed under
the direction and supervision of the Director.
2. When requested by the Governor to preserve order, protect life
or property and enforce the laws of this State, the Chief may appoint
such personnel of the Nevada Highway Patrol as may be necessary for that
purpose. The salaries and expenses of the personnel incidental to those
operations must be paid out of appropriations for the Department from the
State General Fund.
(Added to NRS by 2001, 2535 )
1. Except as otherwise provided in this section, the Chief of the
Nevada Highway Patrol may enter into a contract with any person or
governmental agency to provide services for the control of vehicular
traffic related to or affected by any special event sponsored by the
person or agency.
2. Any such contract:
(a) Must require the sponsor of the special event to reimburse the
Nevada Highway Patrol for the cost of the services provided.
(b) May require the sponsor to furnish a bond to ensure that
reimbursement is made.
(c) Is subject to the following limitations:
(1) The services provided pursuant to the contract must be
provided by personnel of the Nevada Highway Patrol.
(2) The services required must not impair the ability of the
Nevada Highway Patrol to perform its customary duties.
3. Any money received by the Nevada Highway Patrol pursuant to
such a contract must be deposited with the State Treasurer for credit to
the State Highway Fund.
4. As used in this section, “special event” has the meaning
ascribed to it in NRS 484.900 .
(Added to NRS by 2001, 2535 ; A 2005, 676 )
Personnel
appointed for duty in the Nevada Highway Patrol must:
1. Be persons qualified at the time of their appointment with the
knowledge of all traffic laws of this State and the provisions of
chapters 482 , 483
and 706 of NRS.
2. Be versed in all laws relating to the powers of police officers
as to traffic law violations and other offenses committed over and along
the highways of this State.
(Added to NRS by 2001, 2535 )
The duties of the personnel of
the Nevada Highway Patrol include, without limitation:
1. To police the public highways of this State, to enforce and to
aid in enforcing thereon all the traffic laws of the State of Nevada and
to enforce all other laws of this State when:
(a) In the apprehension or pursuit of an offender or suspected
offender;
(b) Making arrests for crimes committed in their presence or upon
or adjacent to the highways of this State; or
(c) Making arrests pursuant to a warrant in the officer’s
possession or communicated to him.
2. To investigate accidents on all primary and secondary highways
within the State of Nevada resulting in personal injury, property damage
or death, and to gather evidence to prosecute any person guilty of any
violation of the law contributing to the happening of such an accident.
3. In conjunction with the Department of Motor Vehicles, to
enforce the provisions of chapters 365 , 366
, 408 , 482 to 486 , inclusive, 487
and 706 of NRS.
4. To maintain the Central Repository for Nevada Records of
Criminal History and to carry out the provisions of chapter 179A of NRS.
5. To enforce the provisions of laws and regulations relating to
motor carriers, the safety of their vehicles and equipment, and their
transportation of hazardous materials and other cargo.
6. To maintain the repository for information concerning hazardous
materials in Nevada and to carry out its duties pursuant to chapter 459
of NRS concerning the transportation of
hazardous materials.
7. To perform such other duties in connection with those specified
in this section as may be imposed by the Director.
(Added to NRS by 2001, 2536 ; A 2001, 2639 ; 2005, 676 )
The
Nevada Highway Patrol Revolving Account is hereby created as a special
account in the State Highway Fund and must be used for making change in
the main and branch offices of the Nevada Highway Patrol. The Account
must be administered by the Chief of the Highway Patrol. The State Board
of Examiners shall determine the amount of money to be deposited in the
Account, within the limits of money available for that purpose.
(Added to NRS by 2005, 676 )
INVESTIGATION DIVISION
As used in NRS 480.400 to 480.520 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 480.410 to 480.440
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2001, 2536 )
“Investigation
Division” means the Investigation Division of the Department.
(Added to NRS by 2001, 2536 )
“Off-road vehicle” means
a vehicle which is intended for recreational or industrial use and which
is not intended or designed for use on a public highway.
(Added to NRS by 2001, 2536 )
“Special mobile
equipment” has the meaning ascribed to it in NRS 482.123 .
(Added to NRS by 2001, 2536 )
“Vehicle” has the meaning ascribed
to it in NRS 482.135 .
(Added to NRS by 2001, 2536 )
The Investigation Division
is composed of:
1. A Chief appointed by the Director; and
2. Within the limits of legislative appropriations, a number of
investigators and agents which the Director determines to be sufficient
to carry out the duties of the Division, who are employed in the
classified service of the State.
(Added to NRS by 2001, 2536 )
The Chief of the
Investigation Division shall:
1. Furnish services relating to the investigation of crimes,
including interrogation with the use of polygraph instruments, upon the
request of the Attorney General or any sheriff, chief of police or
district attorney.
2. Disseminate information relating to the dangers of the use of
controlled substances and dangerous drugs.
3. Provide and operate a system of recording all information
received by the Division relating to persons who have alleged connections
with organized crime or have some connection with violations of laws
regulating controlled substances or dangerous drugs.
4. Arrange for the purchase of controlled substances and dangerous
drugs when such a purchase is necessary in an investigation of offenses
relating to controlled substances and dangerous drugs.
5. Procure from law enforcement agencies and other reliable
sources information relating to violators of laws which govern controlled
substances and dangerous drugs, including information about their
character, probable motives, circumstances of arrest, methods of
operation and other pertinent information.
6. Enforce the provisions of chapter 453 of NRS.
7. Maintain the records and other information forwarded to the
Division to assist in locating missing persons or identifying dead bodies.
8. Furnish information relating to any person of whom he maintains
a record to any law enforcement agency.
9. Assist the Secretary of State in carrying out an investigation
pursuant to NRS 293.124 .
(Added to NRS by 2001, 2536 )
1. The Chief of the Investigation Division shall:
(a) Investigate and enforce the provisions of law relating to theft
and fraud in matters concerning vehicles, including special mobile
equipment and off-road vehicles.
(b) Procure from law enforcement agencies and other reliable
sources information relating to violators of laws that govern theft and
fraud relating to vehicles, including special mobile equipment and
off-road vehicles. The information may concern the character of the
violators, their probable motives, the circumstances of their arrests and
their methods of operation, and may include any other pertinent
information.
(c) Establish and conduct proactive law enforcement programs
intended to reduce the incidence of commercial theft and fraud related to
vehicles.
2. To carry out the provisions of this section, the Chief of the
Investigation Division may:
(a) Accept gifts and grants of money from any person or
governmental agency; and
(b) Employ or contract with persons to provide professional or
technical assistance to the Division, payable from the money accepted
pursuant to this section.
3. Money accepted by the Chief pursuant to this section must be
accounted for separately in the State General Fund and is hereby
authorized for expenditure to:
(a) Pay the cost of carrying out the duties of the Chief set forth
in this section.
(b) Conduct educational programs to provide information to owners
of vehicles, including special mobile equipment and off-road vehicles,
concerning the prevention and reduction of commercial theft and fraud
related to vehicles.
(c) Provide such equipment as the Chief determines is necessary to
test methods of preventing or reducing commercial theft and fraud related
to vehicles.
4. As used in this section, “commercial theft” means the theft of
vehicles, including special mobile equipment and off-road vehicles, for
financial gain.
(Added to NRS by 2001, 2537 )
The
Chief of the Investigation Division may enter into agreements with any
state or local law enforcement agency in this State or in any other state
to carry out the duties of the Division. A peace officer, while carrying
out the duties of the Investigation Division pursuant to such an
agreement, has the same powers and responsibilities as an investigator of
the Investigation Division.
(Added to NRS by 2001, 2538 )
1. If circumstances require the appointment of persons with
special skills or training, the Chief of the Investigation Division may
appoint persons as investigators who have those special skills or
training and have completed the requirements for the training of a
category I peace officer. A person appointed as an investigator has the
powers of a peace officer while carrying out the duties assigned to him
by the Chief or a person designated by the Chief.
2. As used in this section, “category I peace officer” has the
meaning ascribed to it in NRS 432B.610 .
(Added to NRS by 2001, 2538 )
1. When a coroner is unable to establish the identity of a dead
body by means other than by dental records, he shall have a dental
examination of the body made by a dentist. The dentist shall prepare a
record of his findings and forward it to the Investigation Division and
to the Central Repository for Nevada Records of Criminal History.
2. Each sheriff, chief of police or other law enforcement agency
which receives a report of a person missing under suspicious
circumstances who is 18 years or older shall:
(a) Transmit to the Investigation Division and to the Central
Repository for Nevada Records of Criminal History:
(1) The initial report that contains identifying information
concerning the missing person within 72 hours after the receipt of that
report; and
(2) Any subsequent report concerning the missing person
within 5 working days after the receipt of that report if the report
contains additional identifying information concerning the missing person;
(b) Notify immediately such persons and make inquiries concerning
the missing person as the agency deems necessary; and
(c) Enter the information concerning the missing person into the
computer for the National Crime Information Center and the Central
Repository for Nevada Records of Criminal History, if appropriate.
3. The sheriff, chief of police or other law enforcement agency
shall request the written consent of the next of kin or guardian of a
person who has been reported to him as missing for 30 days or more to
obtain certain identifying information about the missing person that the
National Crime Information Center recommends be provided from the
appropriate providers of medical care. After receiving the written
consent, the sheriff, chief of police or other law enforcement agency
shall obtain the identifying information from the providers of medical
care and forward that information and any other relevant information to
the Investigation Division and to the Central Repository for Nevada
Records of Criminal History for comparison with the identifying
information that is on file concerning unidentified deceased persons.
This subsection does not prevent the voluntary release of identifying
information about the missing person by the next of kin or guardian of
the missing person at any time.
4. The next of kin or guardian of the person reported as missing
shall promptly notify the appropriate law enforcement agency when the
missing person is found.
5. The sheriff, chief of police or other law enforcement agency
shall inform the Investigation Division, the Central Repository for
Nevada Records of Criminal History and the National Crime Information
Center when a missing person has been found.
6. The Investigation Division and the Central Repository for
Nevada Records of Criminal History shall:
(a) Maintain the records and other information forwarded to them
pursuant to subsections 1, 2 and 3 for the purpose of comparing the
records and otherwise assisting in the identification of dead bodies; and
(b) Upon request, provide the records and other information that
are maintained pursuant to this subsection to the State Disaster
Identification Team of the Division of Emergency Management of the
Department.
(Added to NRS by 2001, 2538 )
Each sheriff and
chief of police shall furnish to the Investigation Division, on forms
approved by the Division, all information obtained in an investigation or
a prosecution of any person who has been alleged to have violated any
criminal law of this State if in the investigation of the violation it
appears that there is some connection with:
1. Controlled substances or dangerous drugs; or
2. The theft of vehicles, including special mobile equipment or
off-road vehicles.
(Added to NRS by 2001, 2539 )
1. The Director may, as he determines necessary, to assist local
law enforcement agencies or the Investigation Division in the purchase of
evidence and in employing persons other than peace officers to obtain
evidence, expend money appropriated for such a purpose.
2. Upon receiving a written request from the Director for money
appropriated pursuant to this section, the State Controller shall draw
his warrant, payable to the Director, in an amount which does not exceed
any limit set by the Legislature in the appropriation.
3. The Director may keep money which he has drawn pursuant to this
section in accounts in one or more banks or credit unions or in cash.
(Added to NRS by 2001, 2539 )
ACCIDENT REPORTS; LOCATING STOLEN VEHICLES
The Nevada Highway Patrol and the Investigation Division of the
Department shall, within 7 days after receipt of a written request of a
person who claims to have sustained damages as a result of an accident,
or his legal representative or insurer, and upon receipt of a reasonable
fee to cover the cost of reproduction, provide the person, his legal
representative or insurer, as applicable, with a copy of the accident
report and all statements by witnesses and photographs in the possession
or under the control of the Nevada Highway Patrol or the Investigation
Division that concern the accident, unless:
1. The materials are privileged or confidential pursuant to a
specific statute; or
2. The accident involved:
(a) The death or substantial bodily harm of a person;
(b) Failure to stop at the scene of an accident; or
(c) The commission of a felony.
(Added to NRS by 2001, 2539 ; A 2005, 701 )
1. For the purpose of locating stolen vehicles, except as
otherwise provided in subsection 3, an employee of the Department or a
local law enforcement agency whose primary responsibility is to conduct
investigations involving the theft of motor vehicles, may inspect:
(a) The identification numbers of a vehicle that is on the highway
or in any garage, repair shop, terminal, parking facility, establishment
where new or used vehicles or equipment for vehicles are sold, leased or
rented, vehicle salvage pool or any other similar establishment, or any
commercial location where agricultural or construction work is being
actively performed; and
(b) The title or registration of a vehicle described in paragraph
(a) to determine the rightful ownership or possession of the vehicle or
an identifiable component part.
2. Whenever possible, a person who conducts an inspection pursuant
to this section shall conduct the inspection during normal business hours
and in such a manner as to minimize any interference with or delay of the
business operations of the establishment where the inspection takes place.
3. A person may not conduct an inspection pursuant to this section
of a terminal that is privately owned or a parking facility that is
privately owned unless, before conducting the inspection, the person
obtains permission to conduct the inspection from:
(a) The owner of the terminal or parking facility; or
(b) An agent or representative of the owner who has been authorized
by the owner to grant permission to a person seeking to conduct an
inspection pursuant to this section.
4. As used in this section:
(a) “Garage” has the meaning ascribed to it in NRS 487.540 .
(b) “Identifiable component part” means a component of a motor
vehicle that may be distinguished from other similar components by a
serial number or other distinguishing number, sign or mark.
(c) “Local law enforcement agency” means:
(1) The sheriff’s office of a county;
(2) A metropolitan police department; or
(3) A police department of an incorporated city.
(d) “Parking facility” means a parking deck, parking garage,
parking structure or paved or unpaved parking lot that members of the
public regularly enter, are reasonably likely to enter, or are invited or
permitted to enter as invitees or licensees.
(e) “Terminal” means a terminal that members of the public
regularly enter, are reasonably likely to enter, or are invited or
permitted to enter as invitees or licensees.
(f) “Vehicle” has the meaning ascribed to it in NRS 482.135 .
(Added to NRS 2001, 2539 )
BICYCLE SAFETY
1. The Department shall develop an educational program concerning
bicycle safety which must be:
(a) Suitable for children and adults; and
(b) Developed by a person who is trained in the techniques of
bicycle safety.
2. The program must be designed to:
(a) Aid bicyclists in improving their riding skills;
(b) Inform bicyclists of applicable traffic laws and encourage
observance of those laws; and
(c) Promote bicycle safety.
(Added to NRS by 2001, 2540 )
1. The Nevada Bicycle Advisory Board, consisting of 14 members
appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Board:
(a) Seven members who reside in various geographical areas of this
State, of which:
(1) One member must be less than 21 years of age at the time
of his appointment.
(2) One member must be representative of an organization in
this State interested in environmental issues.
(3) One member must be representative of an organization in
this State interested in the promotion of bicycling.
(4) One member must be representative of an organization in
this State involved in training persons in the safe use of bicycles.
(5) One member must own or manage a business for the sale or
repair of bicycles.
(6) Two members must be representative of the public at
large.
(b) One member who is a representative of the Department of
Education.
(c) One member who is a representative of the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources.
(d) One member who is a representative of the Division of State
Parks of the State Department of Conservation and Natural Resources.
(e) One member who is a representative of the Health Division of
the Department of Health and Human Services.
(f) One member who is a representative of the Planning Division of
the Department of Transportation.
(g) One member who is a representative of the Department of Public
Safety.
(h) One member who is a representative of the Commission on Tourism.
3. After the initial terms, the term of each member of the Board
appointed pursuant to paragraph (a) of subsection 2 is 2 years. The
remaining members serve at the pleasure of the Governor.
4. Members of the Board must serve in that capacity without
compensation, except that necessary travel and per diem expenses may be
reimbursed, not to exceed the amounts provided for state officers and
employees generally, to the extent that money is made available for that
purpose.
(Added to NRS by 2001, 2540 )
1. The Nevada Bicycle Advisory Board shall:
(a) At its first meeting and annually thereafter elect a Chairman
from among its members.
(b) Meet regularly at least once each calendar quarter and may meet
at other times upon the call of the Chairman.
(c) Promote programs and facilities for the safe use of bicycles in
this State.
(d) Advise appropriate agencies of the State on policies, programs
and facilities for the safe use of bicycles.
2. The Board may apply for any available grants and accept and use
any gifts, grants or donations to aid the Board in carrying out its
duties.
3. The Department of Transportation shall provide secretarial
services to the Board.
(Added to NRS by 2001, 2541 )
