USA Statutes : nevada
Title : Title 43 - PUBLIC SAFETY; VEHICLES; WATERCRAFT
Chapter : CHAPTER 484 - TRAFFIC LAWS
The purposes of this chapter are
to:
1. Establish traffic laws which are uniform throughout the State
of Nevada, whether or not incorporated into local ordinances.
2. Minimize the differences between the traffic laws of the State
of Nevada and those of other states.
(Added to NRS by 1969, 1482)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 484.014
to 484.217 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1969, 1202, 1476; A 1973, 448; 1975, 1076; 1981,
621; 1987, 1073; 1989, 291, 798; 1993, 1392, 1414, 2586; 1995, 568; 1999,
3415 ; 2003, 380 ; 2005, 21 , 72 )
“Administrative
roadblock” means any structure, device or means used by police officers
to control all traffic through a point on the highway whereby all
vehicles may be slowed or stopped for a lawful purpose other than
identifying the occupants of the vehicles or an emergency.
(Added to NRS by 1987, 1072)
“Alley” means a highway:
1. Within a city block set apart for public use, vehicular traffic
and local convenience.
2. Which primarily services access to the rear entrance of
abutting property.
3. Designed for the special accommodation of abutting property,
but not a cul-de-sac.
(Added to NRS by 1969, 1476)
“Authorized
emergency vehicle” means a vehicle permitted to depart from certain
traffic laws when equipped and operated in the manner provided by law.
(Added to NRS by 1969, 1476)
“Bicycle” means a device propelled
by human power upon which a person may ride, having two tandem wheels
either of which is over 14 inches in diameter, or every such device
generally recognized as a bicycle though equipped with two front or two
rear wheels except a moped.
(Added to NRS by 1969, 1476; A 1975, 1077)
“Bus” means a vehicle owned by the
State, a political subdivision or a private school or nursery, designed
for carrying more than 10 passengers and used for the transportation of
persons, or a vehicle, other than a taxicab, designed and used for the
transportation of persons for compensation.
(Added to NRS by 1969, 1476)
“Bus stand” means a fixed area
in or adjacent to the highway to be occupied exclusively by buses for
layover and operating schedules or in receiving or discharging passengers.
(Added to NRS by 1969, 1476)
“Business district”
means the territory contiguous to and including a highway when within any
600 feet along such highway there are buildings in use for business or
industrial purposes, including but not limited to hotels, banks or office
buildings, railroad stations and public buildings which occupy at least
300 feet of frontage on one side or 300 feet collectively on both sides
of the highway.
(Added to NRS by 1969, 1476)
“Center” or
“centerline” means a continuous or broken line marked upon the surface of
a highway by paint or otherwise to indicate each portion of a highway
allocated to traffic proceeding in the two opposite directions, and, if a
line is not marked, it is an imaginary line in the highway equally
distant from the edges or curbs of the highway.
(Added to NRS by 1969, 1477)
“Central
business district” means all highways within the area described as such
by an ordinance of an incorporated city.
(Added to NRS by 1969, 1477)
“City” means any incorporated city,
whether incorporated under general or special law.
(Added to NRS by 1969, 1477; A 1987, 1725)
“Combination of
vehicles” means two or more vehicles coupled together.
(Added to NRS by 1969, 1477)
“Commercial vehicle”
means every vehicle designed, maintained or used primarily for the
transportation of property in furtherance of commercial enterprise.
(Added to NRS by 1969, 1477; A 1973, 448)
08 or more in his blood
or breath” defined. [Effective until the date of the repeal of the
federal law requiring each state to make it unlawful for a person to
operate a motor vehicle with a blood alcohol concentration of 0.08
percent or greater as a condition to receiving federal funding for the
construction of highways in this State.] The phrase “concentration of
alcohol of 0.08 or more in his blood or breath” means 0.08 gram or more
of alcohol per 100 milliliters of the blood of a person or per 210 liters
of his breath.
(Added to NRS by 1989, 291; A 1999, 2451 ; 2003, 2559 )
10 or more in his blood
or breath” defined. [Effective on the date of the repeal of the federal
law requiring each state to make it unlawful for a person to operate a
motor vehicle with a blood alcohol concentration of 0.08 percent or
greater as a condition to receiving federal funding for the construction
of highways in this State.] The phrase “concentration of alcohol of 0.10
or more in his blood or breath” means 0.10 gram or more of alcohol per
100 milliliters of the blood of a person or per 210 liters of his breath.
(Added to NRS by 1989, 291; A 1999, 2451 ; 2003, 2559 , effective on the date of the repeal of
the federal law requiring each state to make it unlawful for a person to
operate a motor vehicle with a blood alcohol concentration of 0.08
percent or greater as a condition to receiving federal funding for the
construction of highways in this State)
“Controlled-access highway” means every highway to or from which owners
or occupants of abutting lands and other persons have no legal right of
access except at such points only and in such manner as may be determined
by a public authority.
(Added to NRS by 1969, 1477)
“Crosswalk” means:
1. That part of a highway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides of
the highway measured from the curbs or, in the absence of curbs, from the
edges of the traveled portions of highways; or
2. Any portion of a highway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines or other markings
on the surface.
(Added to NRS by 1969, 1477)
“Curb loading zone”
means a space adjacent to a curb reserved for the exclusive use of
vehicles during the loading or unloading of passengers or materials.
(Added to NRS by 1969, 1477)
“Divided highway” means a
highway divided into two or more roadways by means of a physical barrier
or dividing section, constructed so as to impede the conflict of
vehicular traffic traveling in opposite directions.
(Added to NRS by 1973, 447)
“Driveaway-towaway operation” means any operation in which any motor
vehicle, trailer or semitrailer, singly or in combination, new or used,
constitutes the commodity being transported, when one set or more of
wheels of any such vehicle are on the highway during the course of
transportation, whether or not any such vehicle furnishes the motive
power.
(Added to NRS by 1969, 1203)
“Driver” means every person who
drives or is in actual physical control of a vehicle.
(Added to NRS by 1969, 1477)
“Explosives” means any chemical
compound or mechanical mixture that is commonly used or intended for the
purpose of producing an explosion and which contains any oxidizing and
combustive units or other ingredients in such proportions, quantities or
packing that an ignition by fire, by friction, by concussion, by
percussion or by detonator of any part of the compound or mixture may
cause such a sudden generation of highly heated gases that the resultant
gaseous pressures are capable of producing destructive effects on
contiguous objects or of destroying life or limb.
(Added to NRS by 1969, 1477)
“Farm tractor” means every
motor vehicle designed and used primarily as a farm implement for drawing
plows, mowing machines and other implements of husbandry.
(Added to NRS by 1969, 1477)
“Flammable liquid” means
any liquid which has a flash point of 70° F., or less, as determined by a
tagliabue or equivalent closed-cup test device.
(Added to NRS by 1969, 1478)
“Freight curb
loading zone” means a space adjacent to a curb for the exclusive use of
vehicles during the loading or unloading of freight.
(Added to NRS by 1969, 1478)
“Funeral procession”
means a procession of two or more vehicles accompanying a vehicle
containing the body of a deceased person.
(Added to NRS by 1985, 944)
“Highway” means the entire width
between the boundary lines of every way dedicated to a public authority
when any part of the way is open to the use of the public for purposes of
vehicular traffic, whether or not the public authority is maintaining the
way.
(Added to NRS by 1969, 1478; A 1981, 1690)
“House coach” means a motor
vehicle which is designed, constructed and equipped as a dwelling place
or living abode, either permanently or temporarily.
(Added to NRS by 1969, 1478)
“House trailer” means:
1. A trailer or a semitrailer which is designed, constructed and
equipped as a dwelling place, living abode or sleeping place, either
permanently or temporarily, and is equipped for use as a conveyance on a
highway; or
2. A trailer or semitrailer whose chassis and exterior shell is
designed and constructed for use as a house trailer, as defined in
subsection 1, but which is used instead permanently or temporarily for
the advertising, sales, display or promotion of merchandise or services,
or for any other commercial purpose except the transportation of property
for hire or the transportation of property for distribution by a private
carrier.
(Added to NRS by 1969, 1478)
“Implement of
husbandry” means every vehicle designed and adapted exclusively for
agricultural, horticultural or livestock-raising operations or for
lifting or carrying an implement of husbandry and in either case not
subject to registration if used upon the highways.
(Added to NRS by 1969, 1203)
“Intersection” means:
1. The area embraced within the prolongation or connection of the
lateral curb lines, or, if none, then the lateral boundary lines of the
roadways of two highways which join one another at, or approximately at,
right angles, or the area within which vehicles traveling upon different
highways joining at any other angle may come in conflict.
2. Where a highway includes two roadways 30 feet or more apart,
then every crossing of each roadway of such divided highway by an
intersecting highway shall be regarded as a separate intersection. In the
event such intersecting highway also includes two roadways 30 feet or
more apart, then every crossing of two roadways of such highways shall be
regarded as a separate intersection.
3. The junction of an alley with a street, road or highway shall
not constitute an intersection.
(Added to NRS by 1969, 1478)
“Interstate highway”
means a portion of the Dwight D. Eisenhower National System of Interstate
and Defense Highways located within this State as officially designated
pursuant to the provisions of Title 23 of the United States Code.
(Added to NRS by 2005, 71 )
“Laned highway” means a
highway which is divided into two or more clearly marked lanes for
vehicular traffic.
(Added to NRS by 1969, 1478)
“License
to drive a motor vehicle” means any license or permit to drive a motor
vehicle issued under the laws of this State, including:
1. Any temporary license or instruction permit.
2. The privilege of any person to drive a motor vehicle whether or
not such person holds a valid license.
3. Any nonresident’s driving privilege.
(Added to NRS by 1969, 1478)
“Local authority” means
the governing board of a county, city or other political subdivision
having authority to enact laws or ordinances or promulgate regulations
relating to traffic over a highway.
(Added to NRS by 1969, 1478)
“Manufactured home” has
the meaning ascribed to it in NRS 489.113 .
(Added to NRS by 1989, 798)
1. “Mobile home” means a vehicular structure which is built on a
chassis or frame, is designed to be used with or without a permanent
foundation, is capable of being drawn by a motor vehicle and may be used
as a dwelling when connected to utilities.
2. “Mobile home” includes a vehicular structure as described in
subsection 1 which is used permanently or temporarily for the
advertising, display, promotion or sale of merchandise or services.
(Added to NRS by 1973, 448)
“Moped” means a vehicle which looks
and handles essentially like a bicycle and is propelled by a small engine
which produces not more than 2 gross brake horsepower and which has a
displacement of not more than 50 cubic centimeters, and:
1. Is designed to travel on not more than three wheels in contact
with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per
hour on a flat surface with not more than 1 percent grade in any
direction when the motor is engaged.
(Added to NRS by 1975, 1076; A 1983, 895)
“Motor vehicle” means every
vehicle which is self-propelled but not operated upon rails.
(Added to NRS by 1969, 1479)
“Motorcycle” means every motor
vehicle equipped with a seat or saddle for the use of the driver and
designed to travel on not more than three wheels in contact with the
ground, including a power cycle but excluding a tractor or a moped.
(Added to NRS by 1969, 1479; A 1971, 1472; 1975, 1077)
“Nonresident” means every
person who is not a resident of this State.
(Added to NRS by 1969, 1479)
“Nonresident’s driving privilege” means the privilege conferred upon a
nonresident by the laws of this State pertaining to the driving by such
person of a motor vehicle, or the use of a vehicle owned by such person,
in this State.
(Added to NRS by 1969, 1479)
“Official
traffic-control device” means every sign, signal, marking and device not
inconsistent with this chapter or prohibited by law, placed or erected by
a public authority or railroad for the purpose of regulating, warning or
guiding traffic.
(Added to NRS by 1969, 1479; A 1973, 448)
“Owner” means a person who holds the
legal title to a vehicle. The term includes a conditional vendee or
lessee, in the event a vehicle is the subject of an agreement for the
conditional sale or lease thereof, with or without the right of purchase
upon performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or lessee.
The term also includes a mortgagor, in the event of a mortgage of the
vehicle, when the mortgagor of a vehicle is entitled to possession.
(Added to NRS by 1969, 1479; A 1973, 448)
“Park” or “parking”
means the standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in loading or
unloading of merchandise or passengers.
(Added to NRS by 1969, 1479)
“Parking meter” means a
mechanical timing device authorized by an ordinance of a municipality to
be used for the purpose of regulating parking.
(Added to NRS by 1969, 1479)
“Passenger car” means every
motor vehicle, except motorcycles, power cycles and motor-driven cycles,
designed for carrying 10 passengers or less and used for the
transportation of persons.
(Added to NRS by 1969, 1203)
“Passenger
curb loading zone” means an area adjacent to a curb or edge of a highway
reserved for the exclusive use of vehicles during the loading or
unloading of passengers.
(Added to NRS by 1969, 1479)
“Pedestrian” means a person
afoot, a person in a manual or motorized wheelchair, or a person on an
electric personal assistive mobility device as defined in NRS 482.029
.
(Added to NRS by 1969, 1479; A 2003, 1206 )
“Person with a disability of moderate duration” has the meaning
ascribed to it in NRS 482.3833 .
(Added to NRS by 2003, 380 )
“Person with a disability which limits or
impairs the ability to walk” has the meaning ascribed to it in NRS
482.3835 .
(Added to NRS by 1993, 1392)
“Person with a permanent disability” has the meaning ascribed to it in
NRS 482.3837 .
(Added to NRS by 2003, 380 )
“Person with a temporary disability” has the meaning ascribed to it in
NRS 482.3839 .
(Added to NRS by 2003, 380 )
“Pole trailer” means every
vehicle without motive power designed to be drawn by another vehicle and
attached to the towing vehicle by means of a reach or pole, or by being
boomed or otherwise secured to the towing vehicle, and ordinarily used
for transporting long or irregularly shaped loads such as poles, pipes or
structural members capable, generally, of sustaining themselves as beams
between the supporting connections.
(Added to NRS by 1969, 1203)
“Police officer” means
every officer authorized to direct or regulate traffic or to make arrests
for violations of traffic laws, ordinances or regulations.
(Added to NRS by 1969, 1479)
1. “Premises to which the public has access” means property in
private or public ownership onto which members of the public regularly
enter, are reasonably likely to enter, or are invited or permitted to
enter as invitees or licensees, whether or not access to the property by
some members of the public is restricted or controlled by a person or a
device.
2. The term includes, but is not limited to:
(a) A parking deck, parking garage or other parking structure.
(b) A paved or unpaved parking lot or other paved or unpaved area
where vehicles are parked or are reasonably likely to be parked.
(c) A way that provides access to or is appurtenant to:
(1) A place of business;
(2) A governmental building;
(3) An apartment building;
(4) A mobile home park;
(5) A residential area or residential community which is
gated or enclosed or the access to which is restricted or controlled by a
person or a device; or
(6) Any other similar area, community, building or structure.
3. The term does not include:
(a) A private way on a farm.
(b) The driveway of an individual dwelling.
(Added to NRS by 1983, 1065; A 1997, 325)
“Private way”
or “driveway” means every way or place in private ownership and used for
vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons.
(Added to NRS by 1969, 1479)
“Prohibited
substance” means any of the following substances if the person who uses
the substance has not been issued a valid prescription to use the
substance and the substance is classified in schedule I or II pursuant to
NRS 453.166 or 453.176 when it is used:
1. Amphetamine.
2. Cocaine or cocaine metabolite.
3. Heroin or heroin metabolite (morphine or 6-monoacetyl morphine).
4. Lysergic acid diethylamide.
5. Marijuana or marijuana metabolite.
6. Methamphetamine.
7. Phencyclidine.
(Added to NRS by 1999, 3414 )
“Public authority” means
the Department of Transportation or the local authority having
jurisdiction to enact laws or ordinances or adopt regulations relating to
traffic over a highway.
(Added to NRS by 1969, 1479; A 1979, 1801)
“Railroad” means a carrier of
persons or property upon cars, other than streetcars, operated upon
stationary rails.
(Added to NRS by 1969, 1480)
“Railroad sign” or “railroad signal” means any sign, signal or device
erected by a public authority or by a railroad and intended to give
notice of the presence of railroad tracks or the approach of a railroad
train.
(Added to NRS by 1969, 1480)
“Railroad train” means a
steam, electric or other motor engine, with or without cars coupled
thereto, operated upon stationary rails, except streetcars.
(Added to NRS by 1969, 1480)
“Recreational
vehicle” has the meaning ascribed to it in NRS 482.101 .
(Added to NRS by 2005, 21 )
“Regulatory agency”
means any of the agencies granted police or enforcement powers under the
provisions of subsection 2 of NRS 289.250 , NRS 289.260 , subsection 2 of NRS 289.270 , NRS 289.280 , subsection 3 of NRS 289.290 or NRS 289.320 , 289.340 ,
407.065 , 472.040 , 481.048 ,
501.349 , 565.155 or 706.8821 .
(Added to NRS by 1985, 25; A 1985, 2002; 1993, 2540; 2003, 2166
; 2005, 677 )
“Residence district”
means the territory contiguous to a highway not comprising a business
district when the frontage on such for a distance of 300 feet or more is
mainly occupied by dwellings or by dwellings and buildings in use for
residence.
(Added to NRS by 1969, 1480)
“Revocation
of driver’s license” means the termination by formal action of the
Department of a person’s license to drive a motor vehicle.
(Added to NRS by 1969, 1480; A 1985, 1943)
“Right-of-way” means the
right of one vehicle or pedestrian to proceed in a lawful manner in
preference to another vehicle or pedestrian approaching under such
circumstances of direction, speed and proximity as to give rise to danger
of collision unless one grants precedence to the other.
(Added to NRS by 1969, 1480)
“Road” means the entire width between
the boundary lines of every highway outside the territorial limits of a
city and open to the use of the public for purposes of vehicular traffic.
(Added to NRS by 1969, 1480)
“Roadway” means that portion of a
highway which is improved and ordinarily used for vehicular traffic,
exclusive of the shoulder.
(Added to NRS by 1973, 448)
“Rural area” means the area of
the State which is not included within an urban area.
(Added to NRS by 1973, 448)
“Safety zone” means the area
officially set aside within a highway for the exclusive use of
pedestrians and which is so plainly marked or indicated by proper signs
as to be plainly visible at all times while set apart as a safety zone.
(Added to NRS by 1969, 1480)
1. “School bus” means every motor vehicle owned by or under the
control of a public or governmental agency or a private school and
regularly operated for the transportation of children to or from school
or a school activity or privately owned and regularly operated for
compensation for the transportation of children to or from school or a
school activity.
2. “School bus” does not include a passenger car operated under a
contract to transport children to and from school, a common carrier or
commercial vehicle under the jurisdiction of the Surface Transportation
Board or the Transportation Services Authority when such vehicle is
operated in the regular conduct of its business in interstate or
intrastate commerce within the State of Nevada.
(Added to NRS by 1969, 1480; A 1997, 1619, 2007)
“School crossing
zone” means those sections of streets not adjacent to school property
that pupils cross while following a designated walking route to school.
(Added to NRS by 1993, 2586)
“School zone” means those
sections of streets which are adjacent to school property.
(Added to NRS by 1993, 2586)
“Security agreement”
means a written agreement which reserves or creates a security interest.
(Added to NRS by 1969, 1480)
“Security interest”
means an interest in a vehicle reserved or created by agreement and which
secures payment or performance of an obligation. The term includes the
interest of a lessor under a lease intended as security. A security
interest is perfected when it is valid against third parties generally,
subject only to specific statutory exceptions.
(Added to NRS by 1969, 1480)
“Semitrailer” means every
vehicle so designed and used in conjunction with a motor vehicle that
some part of its own weight and that of its own load rests upon or is
carried by another vehicle, except a pole trailer.
(Added to NRS by 1969, 1480)
“Sidewalk” means that portion of
a highway between the curb lines or the lateral lines of a highway and
the adjacent property lines intended for the use of pedestrians.
(Added to NRS by 1969, 1481)
1. “Special mobile equipment” means every vehicle not designed or
used primarily for the transportation of persons or property and only
incidentally operated or moved upon a highway, including but not limited
to scoopmobiles, forklifts, ditch-digging apparatus, well-boring
apparatus and road construction and maintenance machinery such as asphalt
graders, bituminous mixers, bucket loaders, tractors other than
truck-tractors, leveling graders, finishing machines, motor graders, road
rollers, scarifiers, earth-moving carryalls and scrapers, power shovels
and draglines, and self-propelled cranes and earth-moving equipment.
2. “Special mobile equipment” does not include house trailers,
dump trucks, truck-mounted transit mixers, or other vehicles designed for
the transportation of persons or property to which machinery has been
attached.
3. The Director may make an individual determination as to whether
any particular vehicle, not specifically enumerated in subsections 1 and
2, is special mobile equipment as defined in this section.
(Added to NRS by 1969, 1203; A 1973, 448)
“Stand” or “standing”
means the halting of a vehicle, whether occupied or not, otherwise than
for the purpose of and while actually engaged in receiving or discharging
passengers.
(Added to NRS by 1969, 1481)
“Stop,” when required, means complete
cessation from movement.
(Added to NRS by 1969, 1481)
“Stop” or “stopping”
means, when prohibited, any halting, even momentarily, of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer or
official traffic-control device.
(Added to NRS by 1969, 1481)
“Street” means the entire width
between the boundary lines of every highway inside the territorial limits
of a city when any part of such highway is open to the use of the public
for purposes of vehicular traffic.
(Added to NRS by 1969, 1481)
“Tandem axle” means any two
or more consecutive axles whose centers are more than 40 inches, but not
more than 96 inches apart and are individually attached to or articulated
from a common attachment to the vehicle including a connecting mechanism
designed to equalize the load between axles.
(Added to NRS by 1993, 1414)
“Taxicab” means a motor vehicle
designed or constructed to accommodate and transport not more than six
passengers, including the driver, and used to transport passengers for a
charge or fee.
(Added to NRS by 1969, 1481)
“Taxicab stand” means a
fixed area in a highway parallel and adjacent to the curb or edge of the
highway and set aside for taxicabs to stand for passengers.
(Added to NRS by 1969, 1481)
“Temporary roadblock”
means any structure, device or means used by police officers to control
traffic at a place on a highway whereby vehicles may be slowed or stopped:
1. To identify the occupants of those vehicles; or
2. Because of the existence of an emergency.
(Added to NRS by 1987, 1072)
“Through highway” means
every highway or portion thereof on which vehicular traffic is given the
right-of-way, and at the entrances to which vehicular traffic from
intersecting highways is required by law to yield right-of-way to
vehicles on such through highway in obedience to either an authorized
stop sign or a yield sign, or other official traffic-control device.
(Added to NRS by 1969, 1481)
“Tow car” means a motor vehicle
which has been altered or designed and equipped for and exclusively used
in the business of towing vehicles by means of a crane, hoist, tow bar,
towline or dolly, or is otherwise exclusively used to render assistance
to other vehicles.
(Added to NRS by 1969, 1481)
1. “Towable tools or equipment” means all tools or equipment:
(a) Mounted on wheels;
(b) Whose body does not exceed 70 inches in width;
(c) Designed for towing by a motor vehicle; and
(d) Which is not designed or used primarily for the transportation
of persons or property, but is only incidentally operated or moved upon a
highway.
2. The term includes without limitation air compressors, concrete
mixers, arc welders, tarpots, engine hoists, concrete pumps, plaster
mixers, mortar mixers, grout pumps, portable conveyors, generators, log
splitters, brush chippers, spray rigs, tree spades, scissor lifts, light
towers, pumps, steam cleaners, sand blasters, welders, stump grinders,
radial arm saws, sod cutters, aerators, pavement rollers, and scaffolding.
(Added to NRS by 1981, 620)
“Traffic” means pedestrians,
ridden or herded animals, vehicles and other conveyances either singly or
together using any highway for purposes of travel.
(Added to NRS by 1969, 1481)
“Traffic-control
signal” means any official traffic-control device, whether manually,
electrically or mechanically operated, placed or erected by a public
authority or railroad, by which traffic is alternately directed to stop
or proceed.
(Added to NRS by 1969, 1481; A 1973, 449)
“Trailer” means every vehicle
designed to be drawn by a motor vehicle and so constructed that no part
of its weight rests upon the towing vehicle, except a pole trailer.
(Added to NRS by 1969, 1481)
“Traveled
portion of highway” means that portion of a highway improved, designed or
ordinarily used for vehicular traffic, exclusive of the berm or shoulder.
(Added to NRS by 1969, 1481)
“Truck” means every motor vehicle
which is used for the transportation or delivery of goods with a body
built and designed for that purpose.
(Added to NRS by 1969, 1481)
“Truck-tractor” means every
motor vehicle designed and used primarily for drawing other vehicles and
not so constructed as to carry a load other than the part of the weight
of the vehicle and load so drawn.
(Added to NRS by 1969, 1203)
“Two-directional
highway” means an undivided highway upon which vehicles are allowed to
proceed in opposite directions.
(Added to NRS by 1969, 1482; A 1973, 449)
“Urban area” means the area
encompassed within the city limits of a city whose population is 10,000
or more.
(Added to NRS by 1973, 448; A 1979, 555; 1989, 1931)
“U-turn” means the turning of a
vehicle upon a highway so as to proceed in the opposite direction,
whether accomplished by one continuous movement or not.
(Added to NRS by 1971, 1141)
“Vehicle” means every device in,
upon or by which any person or property is or may be transported or drawn
upon a highway, except:
1. Devices moved by human power or used exclusively upon
stationary rails; and
2. Electric personal assistive mobility devices as defined in NRS
482.029 .
(Added to NRS by 1969, 1482; A 2003, 1206 )
ACCIDENTS AND REPORTS OF ACCIDENTS
1. The driver of any vehicle involved in an accident on a highway
or on premises to which the public has access resulting in bodily injury
to or the death of a person shall immediately stop his vehicle at the
scene of the accident or as close thereto as possible, and shall
forthwith return to and in every event shall remain at the scene of the
accident until he has fulfilled the requirements of NRS 484.223 .
2. Every such stop must be made without obstructing traffic more
than is necessary.
3. A person failing to comply with the provisions of subsection 1
is guilty of a category B felony and shall be punished by imprisonment in
the state prison for a minimum term of not less than 2 years and a
maximum term of not more than 15 years and by a fine of not less than
$2,000 nor more than $5,000.
(Added to NRS by 1969, 1482; A 1979, 1484; 1983, 1066; 1993, 2135;
1995, 1297)
The driver of any vehicle involved in an accident
resulting only in damage to a vehicle or other property which is driven
or attended by any person shall immediately stop his vehicle at the scene
of the accident or, if his vehicle is obstructing traffic, at a location
as close thereto as possible that does not obstruct traffic, and shall
forthwith return to and remain at the scene of the accident until he has
fulfilled the requirements of NRS 484.223 .
(Added to NRS by 1969, 1483; A 1997, 2798)
1. The driver of any vehicle involved in an accident resulting in
injury to or death of any person or damage to any vehicle or other
property which is driven or attended by any person shall:
(a) Give his name, address and the registration number of the
vehicle he is driving, and shall upon request and if available exhibit
his license to operate a motor vehicle to any person injured in such
accident or to the driver or occupant of or person attending any vehicle
or other property damaged in such accident;
(b) Give such information and upon request manually surrender such
license to any police officer at the scene of the accident or who is
investigating the accident; and
(c) Render to any person injured in such accident reasonable
assistance, including the carrying, or the making of arrangements for the
carrying, of such person to a physician, surgeon or hospital for medical
or surgical treatment if it is apparent that such treatment is necessary,
or if such carrying is requested by the injured person.
2. If no police officer is present, the driver of any vehicle
involved in such accident after fulfilling all other requirements of
subsection 1 and NRS 484.219 , insofar
as possible on his part to be performed, shall forthwith report such
accident to the nearest office of a police authority or of the Nevada
Highway Patrol and submit thereto the information specified in subsection
1.
(Added to NRS by 1969, 1483)
The driver of any vehicle which collides with or is involved
in an accident with any vehicle or other property which is unattended,
resulting in any damage to such other vehicle or property, shall
immediately stop and shall then and there locate and notify the operator
or owner of such vehicle or other property of the name and address of the
driver and owner of the vehicle striking the unattended vehicle or other
property or shall attach securely in a conspicuous place in or on such
vehicle or property a written notice giving the name and address of the
driver and of the owner of the vehicle doing the striking.
(Added to NRS by 1969, 1483)
1. The driver of a vehicle which collides with or is involved in
an accident with any vehicle or other property which is unattended,
resulting in any damage to such other vehicle or property, shall
immediately by the quickest means of communication give notice of such
accident to the nearest office of a police authority or of the Nevada
Highway Patrol.
2. Whenever the driver of a vehicle is physically incapable of
giving an immediate notice of an accident as required in subsection 1 and
there was another occupant in the vehicle at the time of the accident
capable of doing so, such occupant shall make or cause to be given the
notice not given by the driver.
(Added to NRS by 1969, 1483)
1. A peace officer at the scene of an accident involving a motor
vehicle shall, by radio, request that the information on file with the
Department be checked regarding the validity of the registration for each
motor vehicle involved in the accident. If he is informed that the
registration of a motor vehicle involved in the accident has been
suspended pursuant to any provision of chapter 485 of NRS, he shall determine whether the license
plates and certificate of registration for the motor vehicle have been
surrendered as required by NRS 485.320 .
If the license plates and certificate have not been surrendered, the
peace officer shall:
(a) Issue a traffic citation in the manner provided in NRS 484.799
charging the registered owner with a
violation of NRS 485.320 and 485.330
; and
(b) Without a warrant, seize and take possession of the motor
vehicle and cause it to be towed and impounded until the owner claims it
by:
(1) Presenting proof that the vehicle’s registration has
been reinstated by the Department; and
(2) Paying the cost of the towing and impoundment.
2. Neither the peace officer nor the governmental entity which
employs him is civilly liable for any damage to the vehicle that occurs
after the vehicle is seized, but before the towing process begins.
(Added to NRS by 1987, 319)
1. Except as otherwise provided in subsections 2, 3 and 4, the
driver of a vehicle which is in any manner involved in an accident on a
highway or on premises to which the public has access, if the accident
results in bodily injury to or the death of any person or total damage to
any vehicle or item of property to an apparent extent of $750 or more,
shall, within 10 days after the accident, forward a written report of the
accident to the Department. Whenever damage occurs to a motor vehicle,
the operator shall attach to the accident report an estimate of repairs
or a statement of the total loss from an established repair garage, an
insurance adjuster employed by an insurer licensed to do business in this
State, an adjuster licensed pursuant to chapter 684A of NRS or an appraiser licensed pursuant to
chapter 684B of NRS. The Department may
require the driver or owner of the vehicle to file supplemental written
reports whenever the original report is insufficient in the opinion of
the Department.
2. A report is not required from any person if the accident was
investigated by a law enforcement agency and the report of the
investigating officer contains:
(a) The name and address of the insurance company providing
coverage to each person involved in the accident;
(b) The number of each policy; and
(c) The dates on which the coverage begins and ends.
3. The driver of a vehicle subject to the jurisdiction of the
Surface Transportation Board or the Transportation Services Authority
need not submit in his report the information requested pursuant to
subsection 3 of NRS 484.247 until the
10th day of the month following the month in which the accident occurred.
4. A written accident report is not required pursuant to this
chapter from any person who is physically incapable of making a report,
during the period of his incapacity. Whenever the driver is physically
incapable of making a written report of an accident as required in this
section and he is not the owner of the vehicle, the owner shall within 10
days after knowledge of the accident make the report not made by the
driver.
5. All written reports required in this section to be forwarded to
the Department by drivers or owners of vehicles involved in accidents are
without prejudice to the person so reporting and are for the confidential
use of the Department or other state agencies having use of the records
for accident prevention, except that the Department may disclose to a
person involved in an accident or to his insurer the identity of another
person involved in the accident when his identity is not otherwise known
or when he denies his presence at the accident. The Department may also
disclose the name of his insurer and the number of his policy.
6. A written report forwarded pursuant to the provisions of this
section may not be used as evidence in any trial, civil or criminal,
arising out of an accident except that the Department shall furnish upon
demand of any party to such a trial, or upon demand of any court, a
certificate showing that a specified accident report has or has not been
made to the Department in compliance with law, and, if the report has
been made, the date, time and location of the accident, the names and
addresses of the drivers, the owners of the vehicles involved and the
investigating officers. The report may be used as evidence when necessary
to prosecute charges filed in connection with a violation of NRS 484.236
.
(Added to NRS by 1969, 1484; A 1981, 1126, 1865; 1983, 1067; 1985,
1174, 1943; 1995, 2732; 1997, 1620, 2008)
1. If a person willfully fails, refuses or neglects to make a
report of an accident in accordance with the provisions of this chapter,
his driving privilege may be suspended. Suspension action taken under
this section remains in effect for 1 year unless terminated by receipt of
the report of the accident or upon receipt of evidence that failure to
report was not willful.
2. Any person who gives information in oral or written reports as
required in this chapter, knowing or having reason to believe that such
information is false, is guilty of a gross misdemeanor.
(Added to NRS by 1969, 1484; A 1981, 1127)
The State Registrar of Vital Statistics shall on or before
the 10th day of each month report in writing to the Department the death
of any person resulting from a vehicle accident, giving the time and
place of accident and the circumstances relating thereto.
(Added to NRS by 1969, 1484; A 1985, 1944)
The person in charge of any garage
or repair shop to which is brought any motor vehicle which shows evidence
of having been involved in an accident and which is repaired in that
garage or repair shop shall maintain for 2 years a record of those
repairs including the:
1. Registration number of the vehicle;
2. Vehicle identification number;
3. Color of the vehicle before the repairs;
4. Location on the vehicle of the damage repaired;
5. Total amount of the damage; and
6. Name and address of the person who requested the repairs.
(Added to NRS by 1969, 1484; A 1975, 142; 1987, 685)
1. Every police officer who investigates a vehicle accident of
which a report must be made as required in this chapter, or who otherwise
prepares a written report as a result of an investigation either at the
time of and at the scene of the accident or thereafter by interviewing
the participants or witnesses, shall forward a written report of the
accident to the Department within 10 days after his investigation of the
accident.
2. The written reports required to be forwarded by police officers
and the information contained therein are not privileged or confidential.
3. Every sheriff, chief of police or office of the Nevada Highway
Patrol receiving any report required under NRS 484.223 to 484.238 ,
inclusive, shall immediately prepare a copy thereof and file the copy
with the Department.
(Added to NRS by 1969, 1485; A 1985, 1945; 1987, 685)
1. The Department shall prepare and upon request supply to police
departments, sheriffs and other appropriate agencies or persons forms for
written accident reports as required in this chapter, suitable with
respect to the persons required to make the reports and the purposes to
be served. The forms must be designed to call for sufficiently detailed
information to disclose with reference to an accident the cause,
conditions then existing, the persons and vehicles involved, the name and
address of the insurance company, the number of the policy providing
coverage and the dates on which the coverage begins and ends.
2. The form prepared for a report to be made by persons pursuant
to NRS 484.229 must call for such
information as is required by the Department to enable it to determine
whether the requirements for the deposit of security under chapter 485
of NRS are inapplicable. The Department may
rely upon the accuracy of information supplied by a driver or owner on
the form unless it has reason to believe that the information is
erroneous.
3. Every accident report required to be made in writing must be
made on the appropriate form approved by the Department and must contain
all the information required therein unless it is not available.
(Added to NRS by 1969, 1485; A 1981, 1127; 1985, 1175, 1945; 1999,
3578 )
The
Department shall tabulate and analyze all accident reports received in
compliance with this chapter and shall publish annually, or at more
frequent intervals, statistical information based thereon as to the
number and circumstances of vehicle accidents.
(Added to NRS by 1969, 1485; A 1985, 1945)
RULES OF THE ROAD
General Duties of Drivers; Applicability and Effect of Traffic Laws
It is unlawful for any
person willfully to fail or refuse to comply with any lawful order or
direction of any police officer while he is performing his duties in the
enforcement of this chapter.
(Added to NRS by 1969, 1482; A 1973, 282)
1. It is unlawful for a driver of a vehicle to fail or refuse to
comply with any signal of an authorized flagman serving in a traffic
control capacity in a clearly marked area of highway construction or
maintenance.
2. A district attorney shall prosecute all violations of
subsection 1 which occur in his jurisdiction and which result in injury
to any person performing highway construction or maintenance unless the
district attorney has good cause for not prosecuting the violation. In
addition to any other penalty, if a driver violates any provision of
subsection 1 and the violation results in injury to any person performing
highway construction or maintenance, or in damage to property in an
amount of not less than $1,000, the driver shall be punished by a fine of
not less than $1,000 or more than $2,000, and ordered to perform 120
hours of community service.
3. A person who violates any provision of subsection 1 may be
subject to the additional penalty set forth in NRS 484.3667 .
4. As used in this section, “authorized flagman serving in a
traffic control capacity” means:
(a) An employee of the Department of Transportation or of a
contractor performing highway construction or maintenance for the
Department of Transportation while he is carrying out the duties of his
employment;
(b) An employee of any other governmental entity or of a contractor
performing highway construction or maintenance for the governmental
entity while he is carrying out the duties of his employment; or
(c) Any other person employed by a private entity performing
highway construction or maintenance while he is carrying out the duties
of his employment if the person has satisfactorily completed training as
a flagman approved or recognized by the Department of Transportation.
(Added to NRS by 1975, 1024; A 1979, 1801; 2003, 3236 )
Every person riding an animal or driving any
animal-drawn vehicle upon a highway shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver of a
vehicle, except those provisions which by their nature can have no
application.
(Added to NRS by 1969, 1482)
1. Except for the provisions of NRS 484.379 to 484.3947 , inclusive, and any provisions made
applicable by specific statute, the provisions of this chapter do not
apply to persons, teams, motor vehicles and other equipment while
actually engaged in work upon the surface of a highway.
2. The provisions of this chapter apply to the persons, teams,
motor vehicles and other equipment described in subsection 1 when
traveling to or from such work.
(Added to NRS by 1969, 1482; A 1973, 1323; 1983, 1068; 1999, 3415
; 2005, 139 )
1. The driver of an authorized emergency vehicle or an official
vehicle of a regulatory agency, when responding to an emergency call or
when in pursuit of an actual or suspected violator of the law or when
responding to but not upon returning from a fire alarm, or a vehicle
escorting a funeral procession, may:
(a) Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation.
(b) Exceed any speed limits so long as he does not endanger life or
property, except that a vehicle escorting a funeral procession may not
exceed the speed limit by more than 15 miles per hour to overtake the
procession and direct traffic at the next intersection.
(c) Disregard regulations governing direction of movement or
turning in specified directions. The driver of a vehicle escorting a
funeral procession may direct the movements of the vehicles in the
procession in a similar manner and may direct the movements of other
vehicles.
2. The privileges granted in subsection 1 apply only when the
vehicle is making use of:
(a) Audible and visual signals; or
(b) Visual signals only,
Ê as required by law.
3. The driver of an authorized emergency vehicle or an official
vehicle of a regulatory agency may park or stand without regard to the
provisions of this chapter if he makes use of a warning lamp.
4. The provisions of this section do not relieve the driver from
the duty to drive with due regard for the safety of all persons and do
not protect the driver from the consequences of his reckless disregard
for the safety of others.
(Added to NRS by 1969, 1506; A 1985, 25, 944, 1040; 2001, 740
)
No automobile rental agency shall be liable for any
traffic violation arising out of the use of a leased or rented motor
vehicle during the period such motor vehicle is not in the possession of
the agency. This section does not absolve any such agency from liability
for any misdemeanor committed by an officer, employee or agent of the
agency.
(Added to NRS by 1973, 1160)
Traffic Signs, Signals and Markings
1. It is unlawful for any driver to disobey the instructions of
any official traffic-control device placed in accordance with the
provisions of this chapter, unless at the time otherwise directed by a
police officer.
2. No provision of this chapter for which such devices are
required may be enforced against an alleged violator if at the time and
place of the alleged violation the device is not in proper position and
sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular provision of this chapter does not state that such
devices are required, the provision is effective even though no devices
are erected or in place.
3. Whenever devices are placed in position approximately
conforming to the requirements of this chapter, such devices are presumed
to have been so placed by the official act or direction of a public
authority, unless the contrary is established by competent evidence.
4. Any device placed pursuant to the provisions of this chapter
and purporting to conform to the lawful requirements pertaining to such
devices is presumed to comply with the requirements of this chapter
unless the contrary is established by competent evidence.
5. A person who violates any provision of subsection 1 may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1489; A 2003, 3237 )
1. Whenever traffic is controlled by official traffic-control
devices exhibiting different colored lights, or colored lighted arrows,
successively one at a time or in combination as declared in the manual
and specifications adopted by the Department of Transportation, only the
colors green, yellow and red may be used, except for special
pedestrian-control devices carrying a word legend as provided in NRS
484.325 . The lights, arrows and
combinations thereof indicate and apply to drivers of vehicles and
pedestrians as provided in this section.
2. When the signal is circular green alone:
(a) Vehicular traffic facing the signal may proceed straight
through or turn right or left unless another device at the place
prohibits either or both such turns. Such vehicular traffic, including
vehicles turning right or left, must yield the right-of-way to other
vehicles and to pedestrians lawfully within the intersection or an
adjacent crosswalk at the time the signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the highway
within any marked or unmarked crosswalk, unless directed otherwise by
another device as provided in NRS 484.325 .
3. Where the signal is circular green with a green turn arrow:
(a) Vehicular traffic facing the signal may proceed to make the
movement indicated by the green turn arrow or such other movement as is
permitted by the circular green signal, but the traffic must yield the
right-of-way to pedestrians lawfully within an adjacent crosswalk and to
other traffic lawfully using the intersection at the time the signal is
exhibited. Drivers turning in the direction of the arrow when displayed
with the circular green are thereby advised that so long as a turn arrow
is illuminated, oncoming or opposing traffic simultaneously faces a
steady red signal.
(b) Pedestrians facing such a signal may proceed across the highway
within any marked or unmarked crosswalk, unless directed otherwise by
another device as provided in NRS 484.325 .
4. Where the signal is a green turn arrow alone:
(a) Vehicular traffic facing the signal may proceed only in the
direction indicated by the arrow signal so long as the arrow is
illuminated, but the traffic must yield the right-of-way to pedestrians
lawfully within the adjacent crosswalk and to other traffic lawfully
using the intersection.
(b) Pedestrians facing such a signal shall not enter the highway
until permitted to proceed by another device as provided in NRS 484.325
.
5. Where the signal is a green straight-through arrow alone:
(a) Vehicular traffic facing the signal may proceed straight
through, but must not turn right or left. Such vehicular traffic must
yield the right-of-way to other vehicles and to pedestrians lawfully
within the intersection or an adjacent crosswalk at the time the signal
is exhibited.
(b) Pedestrians facing such a signal may proceed across the highway
within the appropriate marked or unmarked crosswalk, unless directed
otherwise by another device as provided in NRS 484.325 .
6. Where the signal is a steady yellow signal alone:
(a) Vehicular traffic facing the signal is thereby warned that the
related green movement is being terminated or that a steady red
indication will be exhibited immediately thereafter, and such vehicular
traffic shall not enter the intersection when the red signal is exhibited.
(b) Pedestrians facing such a signal, unless otherwise directed by
another device as provided in NRS 484.325 , are thereby advised that there is
insufficient time to cross the highway.
7. Where the signal is a steady red signal alone:
(a) Vehicular traffic facing the signal must stop before entering
the crosswalk on the nearest side of the intersection where the sign or
pavement marking indicates where the stop must be made, or in the absence
of any such crosswalk, sign or marking, then before entering the
intersection, and, except as provided in paragraph (c), must remain
stopped or standing until the green signal is shown.
(b) Pedestrians facing such a signal shall not enter the highway,
unless permitted to proceed by another device as provided in NRS 484.325
.
(c) After complying with the requirement to stop, vehicular traffic
facing such a signal and situated on the extreme right of the highway may
proceed into the intersection for a right turn only when the intersecting
highway is two-directional or one-way to the right, or vehicular traffic
facing such a signal and situated on the extreme left of a one-way
highway may proceed into the intersection for a left turn only when the
intersecting highway is one-way to the left, but must yield the
right-of-way to pedestrians and other traffic proceeding as directed by
the signal at the intersection.
(d) Vehicular traffic facing the signal may not proceed on or
through any private or public property to enter the intersecting street
where traffic is not facing a red signal to avoid the red signal.
8. Where the signal is a steady red with a green turn arrow:
(a) Vehicular traffic facing the signal may enter the intersection
only to make the movement indicated by the green turn arrow, but must
yield the right-of-way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the intersection. Drivers
turning in the direction of the arrow are thereby advised that so long as
the turn arrow is illuminated, oncoming or opposing traffic
simultaneously faces a steady red signal.
(b) Pedestrians facing such a signal shall not enter the highway,
unless permitted to proceed by another device as provided in NRS 484.325
.
9. If a signal is erected and maintained at a place other than an
intersection, the provisions of this section are applicable except as to
those provisions which by their nature can have no application. Any stop
required must be made at a sign or pavement marking indicating where the
stop must be made, but in the absence of any such device the stop must be
made at the signal.
10. Whenever signals are placed over the individual lanes of a
highway, the signals indicate, and apply to drivers of vehicles, as
follows:
(a) A downward-pointing green arrow means that a driver facing the
signal may drive in any lane over which the green signal is shown.
(b) A red “X” symbol means a driver facing the signal must not
enter or drive in any lane over which the red signal is shown.
(Added to NRS by 1969, 1490; A 1973, 1323; 1979, 1802; 1981, 864)
Whenever an illuminated flashing
red or yellow signal is used in conjunction with an official
traffic-control device, it shall require obedience by vehicular traffic
as follows:
1. When a red lens is illuminated with rapid intermittent flashes,
drivers of vehicles shall stop before entering the nearest crosswalk in
an intersection or at a limit line when marked, or, if none, then before
entering the intersection, and the right to proceed shall be subject to
the rules applicable after making a required stop.
2. When a yellow lens is illuminated with rapid intermittent
flashes, drivers of vehicles may proceed past such signal and through the
intersection or other hazardous location only with caution.
(Added to NRS by 1969, 1492)
1. It is unlawful for any person to place, maintain or display
upon or in view of any highway any unauthorized sign, signal, marking or
device which purports to be or is an imitation of or resembles an
official traffic-control device or railroad sign or signal, or which
attempts to direct the movement of traffic, or which hides from view or
interferes with the effectiveness of any such device, sign or signal, and
except as otherwise provided in subsection 4, a person shall not place or
maintain nor may any public authority permit upon any highway any sign,
signal or marking bearing thereon any commercial advertising except on
benches and shelters for passengers of public mass transportation for
which a franchise has been granted pursuant to NRS 244.187 and 244.188 ,
268.081 and 268.083 , 269.128 and
269.129 , or 373.1183 , or on monorail stations.
2. Every such prohibited sign, signal or marking is hereby
declared to be a public nuisance, and the proper public authority may
remove the same or cause it to be removed without notice.
3. This section does not prohibit the erection upon private
property adjacent to highways of signs giving useful directional
information and of a type that cannot be mistaken for official
traffic-control devices.
4. A person may place and maintain commercial advertising in an
airspace above a highway under the conditions specified pursuant to
subsection 3 of NRS 405.110 , and a
public authority may permit commercial advertising that has been placed
in an airspace above a highway under the conditions specified pursuant to
subsection 3 of NRS 405.110 .
5. If a franchisee receives revenues from commercial advertising
authorized by subsection 1 and the franchisee is obligated to repay a
bond issued by the State of Nevada, the franchisee shall use all revenue
generated by the advertising authorized by subsection 1 to meet its
obligations to the State of Nevada as set forth in the financing
agreement and bond indenture, including, without limitation, the payment
of operations and maintenance obligations, the funding of reserves and
the payment of debt service. To the extent that any surplus revenue
remains after the payment of all such obligations, the surplus revenue
must be used solely to repay the bond until the bond is repaid.
6. As used in this section, “monorail station” means:
(a) A structure for the loading and unloading of passengers from a
monorail for which a franchise has been granted pursuant to NRS 705.695
or an agreement has been entered into
pursuant to NRS 705.695 ; and
(b) Any facilities or appurtenances within such a structure.
(Added to NRS by 1969, 1492; A 1989, 996; 1999, 1261 ; 2001, 848 ; 2003, 3237 ; 2005, 2315 )
1. A person shall not, without lawful authority, attempt to or
alter, deface, injure, knock down or remove any official traffic-control
device or any railroad sign or signal or any inscription, shield or
insigne thereon, or any other part thereof.
2. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1492; A 2003, 3238 )
1. Except as otherwise provided in this section:
(a) A person shall not operate a vehicle on the highways of this
State if the vehicle is equipped with any device or mechanism, including,
without limitation, a mobile transmitter, that is capable of interfering
with or altering the signal of a traffic-control signal.
(b) A person shall not operate any device or mechanism, including,
without limitation, a mobile transmitter, that is capable of interfering
with or altering the signal of a traffic-control signal.
2. Except as otherwise provided in this subsection, a person shall
not in this State sell or offer for sale any device or mechanism,
including, without limitation, a mobile transmitter, that is capable of
interfering with or altering the signal of a traffic-control signal. The
provisions of this subsection do not prohibit a person from selling or
offering for sale:
(a) To a provider of mass transit, a signal prioritization device;
or
(b) To a response agency, a signal preemption device or a signal
prioritization device, or both.
3. A police officer:
(a) Shall, without a warrant, seize any device or mechanism,
including, without limitation, a mobile transmitter, that is capable of
interfering with or altering the signal of a traffic-control signal; or
(b) May, without a warrant, seize and take possession of a vehicle
equipped with any device or mechanism that is capable of interfering with
or altering the signal of a traffic-control signal, including, without
limitation, a mobile transmitter, if the device or mechanism cannot be
removed from the motor vehicle by the police officer, and may cause the
vehicle to be towed and impounded until:
(1) The device or mechanism is removed from the vehicle; and
(2) The owner claims the vehicle by paying the cost of the
towing and impoundment.
4. Neither the police officer nor the governmental entity which
employs him is civilly liable for any damage to a vehicle seized pursuant
to the provisions of paragraph (b) of subsection 3 that occurs after the
vehicle is seized but before the towing process begins.
5. Except as otherwise provided in subsection 8, the presence of
any device or mechanism, including, without limitation, a mobile
transmitter, that is capable of interfering with or altering the signal
of a traffic-control signal in or on a vehicle on the highways of this
State constitutes prima facie evidence of a violation of this section.
The State need not prove that the device or mechanism in question was in
an operative condition or being operated.
6. A person who violates the provisions of subsection 1 or 2 is
guilty of a misdemeanor.
7. A provider of mass transit shall not operate or cause to be
operated a signal prioritization device in such a manner as to impede or
interfere with the use by response agencies of signal preemption devices.
8. The provisions of this section do not:
(a) Except as otherwise provided in subsection 7, prohibit a
provider of mass transit from acquiring, possessing or operating a signal
prioritization device.
(b) Prohibit a response agency from acquiring, possessing or
operating a signal preemption device or a signal prioritization device,
or both.
9. As used in this section:
(a) “Mobile transmitter” means a device or mechanism that is:
(1) Portable, installed within a vehicle or capable of being
installed within a vehicle; and
(2) Designed to affect or alter, through the emission or
transmission of sound, infrared light, strobe light or any other audible,
visual or electronic method, the normal operation of a traffic-control
signal.
Ê The term includes, without limitation, a signal preemption device and a
signal prioritization device.
(b) “Provider of mass transit” means a governmental entity or a
contractor of a governmental entity which operates, in whole or in part:
(1) A public transit system, as that term is defined in NRS
377A.016 ; or
(2) A system of public transportation referred to in NRS
373.1165 .
(c) “Response agency” means an agency of this State or of a
political subdivision of this State that provides services related to law
enforcement, firefighting, emergency medical care or public safety. The
term includes a nonprofit organization or private company that, as
authorized pursuant to chapter 450B of NRS:
(1) Provides ambulance service; or
(2) Provides intermediate or advanced medical care to sick
or injured persons at the scene of an emergency or while transporting
those persons to a medical facility.
(d) “Signal preemption device” means a mobile transmitter that,
when activated and when a vehicle equipped with such a device approaches
an intersection controlled by a traffic-control signal, causes:
(1) The signal, in the direction of travel of the vehicle,
to remain green if the signal is already displaying a green light;
(2) The signal, in the direction of travel of the vehicle,
to change from red to green if the signal is displaying a red light;
(3) The signal, in other directions of travel, to remain red
or change to red, as applicable, to prevent other vehicles from entering
the intersection; and
(4) The applicable functions described in subparagraphs (1),
(2) and (3) to continue until such time as the vehicle equipped with the
device is clear of the intersection.
(e) “Signal prioritization device” means a mobile transmitter that,
when activated and when a vehicle equipped with such a device approaches
an intersection controlled by a traffic-control signal, causes:
(1) The signal, in the direction of travel of the vehicle,
to display a green light a few seconds sooner than the green light would
otherwise be displayed;
(2) The signal, in the direction of travel of the vehicle,
to display a green light for a few seconds longer than the green light
would otherwise be displayed; or
(3) The functions described in both subparagraphs (1) and
(2).
(f) “Traffic-control signal” means a traffic-control signal, as
defined in NRS 484.205 , which is
capable of receiving and responding to an emission or transmission from a
mobile transmitter.
(Added to NRS by 2005, 936 )
Driving on Right Side of Highway; Overtaking and Passing; Use of Highway
1. Upon all highways of sufficient width a vehicle must be driven
upon the right half of the highway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the
same direction under the laws governing such movements;
(b) When the right half of the highway is closed to traffic;
(c) Upon a highway divided into three lanes for traffic under the
laws applicable thereon;
(d) Upon a highway designated and posted for one-way traffic; or
(e) When the highway is not of sufficient width.
2. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1498; A 2003, 3238 )
1. Drivers of vehicles proceeding in opposite directions shall
pass each other keeping to the right, and upon highways having width for
not more than one line of traffic in each direction, each driver shall
give to the other at least one-half of the paved portion of the highway
as nearly as possible.
2. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1499; A 2003, 3238 )
1. The driver of a vehicle overtaking another vehicle proceeding
in the same direction shall pass to the left thereof at a safe distance
and shall not again drive to the right side of the highway until safely
clear of the overtaken vehicle.
2. Except when overtaking and passing on the right is permitted,
the driver of an overtaken vehicle shall give way to the right in favor
of the overtaking vehicle upon observing the overtaking vehicle or
hearing a signal. The driver of an overtaken vehicle shall not increase
the speed of his vehicle until completely passed by the overtaking
vehicle.
3. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1499; A 1973, 1325; 2003, 3239 )
1. The driver of a vehicle may overtake and pass upon the right of
another vehicle only under the following conditions:
(a) When the driver of the vehicle overtaken is making or signaling
to make a left turn.
(b) Upon a highway with unobstructed pavement, not occupied by
parked vehicles, of sufficient width for two or more lines of moving
vehicles in each direction.
(c) Upon any highway on which traffic is restricted to one
direction of movement, where the highway is free from obstructions and of
sufficient width for two or more lines of moving vehicles.
2. The driver of a vehicle may overtake and pass another vehicle
upon the right only under conditions permitting such movement in safety.
3. The driver of a vehicle shall not overtake and pass another
vehicle upon the right when such movement requires driving off the paved
portion of the highway.
4. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1499; A 2003, 3239 )
1. A vehicle must not be driven to the left side of the center of
a two-lane, two-directional highway and overtaking and passing another
vehicle proceeding in the same direction, unless such left side is
clearly visible and is free of oncoming traffic for a sufficient distance
ahead to permit such overtaking and passing to be completely made without
interfering with the safe operation of any vehicle approaching from the
opposite direction or any vehicle overtaken.
2. A vehicle must not be driven to the left side of the highway at
any time:
(a) When approaching the crest of a grade or upon a curve in the
highway where the driver’s view is obstructed within such distance as to
create a hazard in the event another vehicle might approach from the
opposite direction.
(b) When approaching within 100 feet or traversing any intersection
or railroad grade crossing.
(c) When the view is obstructed upon approaching within 100 feet of
any bridge, viaduct or tunnel.
3. Subsection 2 does not apply upon a one-way highway.
4. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1499; A 2003, 3239 )
1. The Department of Transportation with respect to highways
constructed under the authority of chapter 408 of NRS, and local authorities with respect to
highways under their jurisdiction, may determine those zones of highways
where overtaking and passing to the left or making a left-hand turn would
be hazardous, and may by the erection of official traffic-control devices
indicate such zones. When such devices are in place and clearly visible
to an ordinarily observant person, every driver of a vehicle shall obey
the directions thereof.
2. Except as otherwise provided in subsections 3 and 4, a driver
shall not drive on the left side of the highway within such zone or drive
across or on the left side of any pavement striping designed to mark such
zone throughout its length.
3. A driver may drive across a pavement striping marking such zone
to an adjoining highway if he has first given the appropriate turn signal
and there will be no impediment to oncoming or following traffic.
4. Except where otherwise provided, a driver may drive across a
pavement striping marking such a zone to make a left-hand turn if he has
first given the appropriate turn signal in compliance with NRS 484.343
, if it is safe and if it would not be
an impediment to oncoming or following traffic.
5. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1489; A 1973, 1325; 1979, 1804; 2003, 3240
)
1. Upon a highway designated and signposted for one-way traffic a
vehicle shall be driven only in the direction designated.
2. A vehicle passing around a rotary traffic island shall be
driven only to the right of such island.
(Added to NRS by 1969, 1500)
1. If a highway has two or more clearly marked lanes for traffic
traveling in one direction, vehicles must:
(a) Be driven as nearly as practicable entirely within a single
lane; and
(b) Not be moved from that lane until the driver has given the
appropriate turn signal and ascertained that such movement can be made
with safety.
2. Upon a highway which has been divided into three clearly marked
lanes, a vehicle must not be driven in the extreme left lane at any time.
A vehicle on such a highway must not be driven in the center lane except:
(a) When overtaking and passing another vehicle where the highway
is clearly visible and the center lane is clear of traffic for a safe
distance;
(b) In preparation for a left turn; or
(c) When the center lane is allocated exclusively to traffic moving
in the direction in which the vehicle is proceeding and a sign is posted
to give notice of such allocation.
3. If a highway has been designed to provide a single center lane
to be used only for turning by traffic moving in both directions, the
following rules apply:
(a) A vehicle may be driven in the center turn lane only for the
purpose of making a left-hand turn onto or from the highway.
(b) A vehicle must not travel more than 200 feet in a center turn
lane before making a left-hand turn from the highway.
(c) A vehicle must not travel more than 50 feet in a center turn
lane after making a left-hand turn onto the highway before merging with
traffic.
4. If a highway has been designed to provide a single right lane
to be used only for turning, a vehicle must:
(a) Be driven in the right turn lane only for the purpose of making
a right turn; and
(b) While being driven in the right turn lane, not travel through
an intersection.
5. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1500; A 1973, 1326; 1999, 1664 ; 2003, 3240 ; 2005, 309 )
1. The driver of a vehicle shall not follow another vehicle more
closely than is reasonable and prudent, having due regard for the speed
of such vehicles and the traffic upon and the condition of the highway.
2. The driver of any truck or combination of vehicles 80 inches or
more in overall width, which is following a truck, or combination of
vehicles 80 inches or more in overall width, shall, whenever conditions
permit, leave a space of 500 feet so that an overtaking vehicle may enter
and occupy such space without danger, but this shall not prevent a truck
or combination of vehicles from overtaking and passing any vehicle or
combination of vehicles. This subsection does not apply to any vehicle or
combination of vehicles while moving on a highway on which there are two
or more lanes available for traffic moving in the same direction.
3. Motor vehicles being driven upon any highway outside of a
business district in a caravan or motorcade, whether or not towing other
vehicles, shall be operated to allow sufficient space between each such
vehicle or combination of vehicles so as to enable any other vehicle or
combination of vehicles to enter and occupy such space without danger.
(Added to NRS by 1969, 1489)
1. Every vehicle driven upon a divided highway must be driven only
upon the right-hand roadway and must not be driven over, across or within
any dividing space, barrier or section or make any left turn,
semicircular turn or U-turn, except through an opening in the barrier or
dividing section or space or at a crossover or intersection established
by a public authority.
2. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1500; A 1973, 449; 2003, 3241 )
1. When official traffic-control devices are erected giving notice
thereof, a person shall not drive a vehicle onto or from any
controlled-access highway except at those entrances and exits which are
indicated by such devices.
2. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1500; A 2003, 3241 )
1. The Department of Transportation, with respect to highways
under its jurisdiction, may designate a lane on a highway for the
preferential or exclusive use of high-occupancy vehicles.
2. The Department of Transportation shall, for each lane that it
designates pursuant to this section for the use of high-occupancy
vehicles:
(a) Determine the conditions for use of the lane, including,
without limitation:
(1) The number of occupants required per vehicle; and
(2) The hours of the day that the use of the lane is
restricted.
(b) Place and maintain signs and other official traffic-control
devices that:
(1) Identify the lane as designated for the use of
high-occupancy vehicles; and
(2) Advise operators of vehicles of the required conditions
for the use of the lane.
3. A person shall not operate a vehicle in a lane designated for
the use of high-occupancy vehicles except in conformity with the
established conditions which are placed and maintained on signs and other
official traffic-control devices pursuant to subsection 2 or established
by regulation.
4. A person who violates subsection 3 is guilty of a misdemeanor
and shall be fined $250 for each offense.
5. The Department of Transportation may adopt regulations
necessary to carry out the provisions of this section.
6. As used in this section, “high-occupancy vehicle” means:
(a) A vehicle that is transporting more than one person;
(b) A motorcycle, regardless of the number of passengers;
(c) A bus, regardless of the number of passengers; and
(d) Any other vehicle designated by regulation.
(Added to NRS by 2005, 72 )
1. The Department of Transportation or a local authority, after
considering the advice of the Nevada Bicycle Advisory Board, may with
respect to any controlled-access highway under its jurisdiction:
(a) Require a permit for the use of the highway by pedestrians,
bicycles or other nonmotorized traffic or by any person operating a power
cycle; or
(b) If it determines that the use of the highway for such a purpose
would not be safe, prohibit the use of the highway by pedestrians,
bicycles or other nonmotorized traffic or by any person operating a power
cycle.
2. Any person who violates any prohibition or restriction enacted
pursuant to subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1969, 1500; A 1979, 1804; 1987, 1103; 1991, 2229)
Right-of-Way
1. The driver of a vehicle approaching an intersection shall yield
the right-of-way to a vehicle which has entered the intersection from a
different highway.
2. When two vehicles enter an intersection from different highways
at approximately the same time, the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on the right.
3. When two vehicles enter an intersection at approximately the
same time, one vehicle traveling on a highway which ends at the
intersection and the other vehicle traveling on a through highway, the
driver of the vehicle on the highway which ends at the intersection shall
yield the right-of-way to the other vehicle.
4. When a vehicle enters an intersection controlled by a
traffic-control signal which is installed and has its vehicular signals
uncovered, but is inoperative at the time the vehicle enters the
intersection, the driver of the vehicle shall proceed as if a stop sign
had been erected at each entrance to the intersection and shall stop at a
clearly marked stop line or, if there is none, before entering the
crosswalk on the near side of the intersection or, if there is none, at
the point nearest the intersection where the driver has a view of
approaching traffic on the through highway. After making such a stop, the
driver shall proceed cautiously, yielding to vehicles which have
previously completed a stop or are within the intersection.
5. Except as otherwise provided in subsection 4, this section does
not apply at intersections controlled by official traffic-control devices
or to vehicles approaching each other from opposite directions, when the
driver of one of the vehicles is intending to or is making a left turn.
(Added to NRS by 1969, 1497; A 1981, 866; 1993, 33)
The driver of a vehicle within
an intersection intending to turn to the left shall yield the
right-of-way to any vehicle approaching from the opposite direction which
is within the intersection or so close thereto as to constitute an
immediate hazard, but such driver, having so yielded and having given a
signal when and as required, may make such left turn and the drivers of
all other vehicles approaching the intersection from the opposite
direction shall yield the right-of-way to the vehicle making the left
turn.
(Added to NRS by 1969, 1497; A 1973, 1326)
Except when traffic is being controlled by a police officer or a
traffic-control signal:
1. When proper signs have been erected, the driver of a vehicle
shall stop or yield at a clearly marked stop line or, if there is none,
before entering the crosswalk on the near side of the intersection or, if
there is none, then at the point nearest the intersection where the
driver has a view of approaching traffic on the through highway. After
having stopped or, in the event of a yield sign, slowed or stopped, the
driver shall yield the right-of-way to other vehicles which have entered
the intersection from such through highway or which are approaching so
closely on such through highway as to constitute an immediate hazard
during the time such driver is moving across or within the intersection.
2. The driver of a vehicle shall stop in obedience to a stop sign
or yield in compliance with a yield sign, in compliance with the manner
prescribed in subsection 1, prior to entering an intersection if a stop
sign or a yield sign is erected at one or more entrances thereto although
not a part of a through highway and shall proceed cautiously, yielding to
vehicles not so obligated to stop or yield and which are within the
intersection or approaching so closely as to constitute an immediate
hazard during the time such driver is moving across or within the
intersection.
(Added to NRS by 1969, 1496; A 1973, 1326)
The driver
of a vehicle about to enter or cross a highway from a private way shall
yield the right-of-way to all vehicles approaching on such highway.
(Added to NRS by 1969, 1497)
The driver of a vehicle about to enter or
exit a controlled-access highway shall yield the right-of-way to all
vehicles approaching on the highway whose proximity constitutes an
immediate hazard and shall continue to yield the right-of-way to that
traffic until the driver may proceed with reasonable safety.
(Added to NRS by 1981, 863; A 1993, 1445; 2003, 350 )
Upon the
immediate approach of an authorized emergency vehicle or an official
vehicle of a regulatory agency, making use of flashing lights meeting the
requirements of subsection 3 of NRS 484.787 , the driver of every other vehicle shall yield
the right-of-way and shall immediately drive to a position parallel to,
and as close as possible to, the right-hand edge or curb of a highway
clear of any intersection and shall stop and remain in such position
until the authorized emergency vehicle or official vehicle has passed,
except when otherwise directed by a police officer.
(Added to NRS by 1969, 1495; A 1985, 26; 1993, 1445; 1995, 577)
1. The driver of a motor vehicle shall not:
(a) Intentionally interfere with the movement of a person lawfully
riding a bicycle; or
(b) Overtake and pass a person riding a bicycle unless he can do so
safely without endangering the person riding the bicycle.
2. The driver of a motor vehicle shall yield the right-of-way to
any person riding a bicycle on the pathway or lane. The driver of a motor
vehicle shall not enter, stop, stand, park or drive within a pathway or
lane provided for bicycles except:
(a) When entering or exiting an alley or driveway;
(b) When operating or parking a disabled vehicle;
(c) To avoid conflict with other traffic;
(d) In the performance of official duties;
(e) In compliance with the directions of a police officer; or
(f ) In an emergency.
3. Except as otherwise provided in subsection 2, the driver of a
motor vehicle shall not enter or proceed through an intersection while
driving within a pathway or lane provided for bicycles.
4. The driver of a motor vehicle shall:
(a) Exercise due care to avoid a collision with a person riding a
bicycle; and
(b) Give an audible warning with the horn of the vehicle if
appropriate and when necessary to avoid such a collision.
5. The operator of a bicycle shall not:
(a) Intentionally interfere with the movement of a motor vehicle; or
(b) Overtake and pass a motor vehicle unless he can do so safely
without endangering himself or the occupants of the motor vehicle.
(Added to NRS by 1991, 2228; A 1997, 739; 1999, 1664 )
Pedestrians
A
driver of a motor vehicle shall:
1. Exercise due care to avoid a collision with a pedestrian;
2. Give an audible warning with the horn of the vehicle if
appropriate and when necessary to avoid such a collision; and
3. Exercise proper caution upon observing a pedestrian on or near
a highway, street or road or in or near a school crossing zone marked in
accordance with NRS 484.366 or a marked
or unmarked crosswalk.
(Added to NRS by 1997, 739)
Except as otherwise provided in
NRS 484.327 , 484.328 and 484.356 :
1. When official traffic-control devices are not in place or not
in operation the driver of a vehicle shall yield the right-of-way,
slowing down or stopping if need be so to yield, to a pedestrian crossing
the highway within a crosswalk when the pedestrian is upon the half of
the highway upon which the vehicle is traveling, or when the pedestrian
is approaching so closely from the opposite half of the highway as to be
in danger.
2. A pedestrian shall not suddenly leave a curb or other place of
safety and walk or run into the path of a vehicle which is so close that
it is impossible for the driver to yield.
3. Whenever a vehicle is stopped at a marked crosswalk or at an
unmarked crosswalk at an intersection, the driver of any other vehicle
approaching from the rear shall not overtake and pass the stopped vehicle
until the driver has determined that the vehicle being overtaken was not
stopped for the purpose of permitting a pedestrian to cross the highway.
4. Whenever signals exhibiting the words “Walk” or “Don’t Walk”
are in place, such signals indicate as follows:
(a) While the “Walk” indication is illuminated, pedestrians facing
the signal may proceed across the highway in the direction of the signal
and must be given the right-of-way by the drivers of all vehicles.
(b) While the “Don’t Walk” indication is illuminated, either steady
or flashing, a pedestrian shall not start to cross the highway in the
direction of the signal, but any pedestrian who has partially completed
his crossing during the “Walk” indication shall proceed to a sidewalk, or
to a safety zone if one is provided.
(c) Whenever the word “Wait” still appears in a signal, the
indication has the same meaning as assigned in this section to the “Don’t
Walk” indication.
(d) Whenever a signal system provides a signal phase for the
stopping of all vehicular traffic and the exclusive movement of
pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian
movement, pedestrians may cross in any direction between corners of the
intersection offering the shortest route within the boundaries of the
intersection when the “Walk” indication is exhibited, and when signals
and other official traffic-control devices direct pedestrian movement in
the manner provided in this section and in NRS 484.283 .
(Added to NRS by 1969, 1492; A 1981, 669, 1918; 2003, 364 )
Except as provided
in NRS 484.328 :
1. Every pedestrian crossing a highway at any point other than
within a marked crosswalk or within an unmarked crosswalk at an
intersection shall yield the right-of-way to all vehicles upon the
highway.
2. Any pedestrian crossing a highway at a point where a pedestrian
tunnel or overhead pedestrian crossing has been provided shall yield the
right-of-way to all vehicles upon the highway.
3. Between adjacent intersections at which official
traffic-control devices are in operation pedestrians shall not cross at
any place except in a marked crosswalk.
4. A pedestrian shall not cross an intersection diagonally unless
authorized by official traffic-control devices.
5. When authorized to cross diagonally, pedestrians shall cross
only in accordance with the official traffic-control devices pertaining
to such crossing movements.
(Added to NRS by 1969, 1493; A 1981, 670, 1919)
1. A blind person who is on foot and using a service animal or
carrying a cane or walking stick white in color, or white tipped with
red, has the right-of-way when entering or when on a highway, street or
road of this State. Any driver of a vehicle who approaches or encounters
such a blind person shall yield the right-of-way, come to a full stop, if
necessary, and take precautions before proceeding to avoid accident or
injury to the blind person.
2. Any person who violates subsection 1 shall be punished by
imprisonment in the county jail for not more than 6 months or by a fine
of not less than $100 nor more than $500, or by both fine and
imprisonment.
(Added to NRS by 1981, 669; A 1995, 1993; 2005, 631 )
Pedestrians shall
move whenever practicable upon the right half of crosswalks.
(Added to NRS by 1969, 1493)
1. Where sidewalks are provided, it is unlawful for any pedestrian
to walk along and upon an adjacent highway.
2. Pedestrians walking along highways where sidewalks are not
provided shall walk on the left side of those highways facing the
approaching traffic.
3. A person shall not stand in a highway to solicit a ride or any
business from the driver or any occupant of a vehicle. A person shall
not, without a permit issued pursuant to NRS 244.3555 or 268.423 ,
solicit any contribution from the driver or any occupant of a vehicle.
4. It is unlawful for any pedestrian who is under the influence of
intoxicating liquors or any narcotic or stupefying drug to be within the
traveled portion of any highway.
5. The provisions of this section apply to riders of animals,
except that the provisions of subsections 1, 2 and 3 do not apply to a
peace officer who rides an animal while performing his duties as a peace
officer.
6. A person who violates the provisions of this section is guilty
of a misdemeanor.
(Added to NRS by 1969, 1493; A 1991, 143; 2001, 997 )
Turning and Starting and Signals on Stopping and Turning
If the driver of a vehicle intends to turn at an
intersection and:
1. The turn is a right turn, both the approach for the right turn
and the right turn must be made from the right turn lane if the highway
has a right turn lane as set forth in subsection 4 of NRS 484.305 , or must be made from the extreme right lane.
2. Both intersecting highways are two-directional:
(a) The approach for a left turn must be made in that portion of
the right half of the highway nearest the centerline thereof;
(b) After entering the intersection, the left turn must be made so
as to leave the intersection to the right of the centerline of the
highway being entered; and
(c) Except as otherwise directed by official traffic-control
devices, simultaneous left turns by opposing traffic must be made in
front of each other.
3. The turn is a left turn from a two-directional highway onto a
one-way highway, the approach for the left turn must be made in that
portion of the right half of the highway nearest the centerline thereof,
and the turn must be made by turning from the right of the centerline
where it enters the intersection as close as practicable to the left-hand
curb of the one-way highway.
4. The turn is a left turn from a one-way highway onto a
two-directional highway, the left turn must be made by passing to the
right of the centerline of the highway being entered upon leaving the
intersection, and the approach for the left turn must be made as close as
practicable to the left-hand curb of the one-way highway.
5. The turn is a left turn where both intersecting highways are
one-way, both the approach for the left turn and the left turn must be
made as close as practicable to the left-hand curb or edge of the highway.
(Added to NRS by 1969, 1497; A 1999, 1665 )
1. Whenever official traffic-control devices are erected
indicating that no right or left turn is permitted, it is unlawful for
any driver of a vehicle to disobey the directions of any such devices.
2. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1498; A 2003, 3241 )
1. A U-turn may be made on any road where the turn can be made
with safety, except as prohibited by this section and by the provisions
of NRS 484.309 and 484.339 .
2. If an official traffic-control device indicates that a U-turn
is prohibited, the driver shall obey the directions of the device.
3. The driver of a vehicle shall not make a U-turn in a business
district, except at an intersection or on a divided highway where an
appropriate opening or crossing place exists.
4. Notwithstanding the foregoing provisions of this section, local
authorities and the Department of Transportation may prohibit U-turns at
any location within their respective jurisdictions.
5. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1498; A 1971, 1142; 1991, 247; 2003, 3241
)
A
vehicle shall not be turned so as to proceed in the opposite direction
upon any curve, or upon the approach to or near the crest of a grade,
where such vehicle cannot be seen by the driver of any other vehicle
approaching from either direction within 500 feet.
(Added to NRS by 1969, 1489)
A person, except when
stopping, standing or parking where no parking is permitted, shall not
start a vehicle which is stopped, standing or parked on a highway nor
enter upon a highway unless and until such movement can be made with
safety.
(Added to NRS by 1969, 1498)
1. A driver shall not turn a vehicle from a direct course upon a
highway unless and until such movement can be made with reasonable
safety, and then only after giving a clearly audible signal by sounding
the horn if any pedestrian may be affected by such movement and after
giving an appropriate signal if any other vehicle may be affected by such
movement.
2. A signal of intention to turn right or left, or otherwise turn
a vehicle from a direct course, shall be given continuously during not
less than the last 100 feet traveled in a business or residential
district and not less than the last 300 feet traveled in any other area
prior to changing the course of a vehicle. This rule shall be observed,
regardless of the weather.
3. A driver shall not stop or suddenly decrease the speed of a
vehicle without first giving an appropriate signal to the driver of any
vehicle immediately to the rear.
(Added to NRS by 1969, 1494; A 1973, 1327)
Any
signal required by this chapter to be made by a driver when making a turn
or a stop must be given either by means of a hand and arm or by a signal
lamp or signal device of a type approved by the department, except if a
vehicle is so constructed or loaded that a hand and arm signal would not
be visible both to the front and rear of the vehicle, the signals must be
given by a signal lamp or signal device.
(Added to NRS by 1969, 1498; A 1985, 1946)
All
signals given by hand and arm shall be given by hand and arm extended
beyond the left side of the vehicle in the following manner, and shall
indicate the turns that follow:
1. Left turn: Hand and arm extended horizontally.
2. Right turn: Hand and arm extended upward.
3. Stop or decrease speed: Hand and arm extended downward.
4. Reentering lane of traffic from parked position: Hand and arm
extended horizontally.
(Added to NRS by 1969, 1498)
Special Stops Required
1. Except as otherwise provided in this section, the driver of a
motor vehicle who willfully fails or refuses to bring his vehicle to a
stop, or who otherwise flees or attempts to elude a peace officer in a
readily identifiable vehicle of any police department or regulatory
agency, when given a signal to bring his vehicle to a stop is guilty of a
misdemeanor.
2. The signal by the peace officer described in subsection 1 must
be by flashing red lamp and siren.
3. Unless the provisions of NRS 484.377 apply if, while violating the provisions of
subsection 1, the driver of the motor vehicle:
(a) Is the proximate cause of damage to the property of a person
other than himself; or
(b) Operates the motor vehicle in a manner which endangers or is
likely to endanger any person other than himself or the property of any
person other than himself,
Ê the driver is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 1
year and a maximum term of not more than 6 years, or by a fine of not
more than $5,000, or by both fine and imprisonment.
4. If, while violating the provisions of subsection 1, the driver
of the motor vehicle is the proximate cause of the death of or bodily
harm to any person other than himself, the driver is guilty of a category
B felony and shall be punished by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than
15 years, or by a fine of not more than $10,000, or by both fine and
imprisonment.
(Added to NRS by 1975, 320; A 1979, 1805; 1981, 533; 1983, 1014;
1985, 26; 1989, 1194; 1993, 524; 1995, 1297, 1725; 1997, 547; 2003, 487
)
1. Whenever any person driving a vehicle approaches a railroad
grade crossing and a clearly visible official traffic-control or railroad
device gives warning of the immediate approach of a train, the driver of
such vehicle shall stop within 50 feet but not less than 15 feet from the
nearest track of such railroad and shall not proceed until he can do so
safely. The foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device gives
warning of the immediate approach of a railroad train.
(b) A crossing gate is lowered or when a flagman gives or continues
to give a signal of the approach or passage of a railroad train.
(c) A railroad train approaching within approximately 1,500 feet of
the highway crossing emits a signal audible from such distance and such
railroad train, by reason of its speed or nearness to such crossing, is
an immediate hazard.
(d) An approaching railroad train is plainly visible and is in
hazardous proximity to such crossing.
2. A person shall not drive any vehicle through, around or under
any crossing gate or barrier at a railroad crossing while such gate or
barrier is closed or is being opened or closed.
(Added to NRS by 1969, 1493)
The Department of Transportation, and local authorities with the
approval of the Department of Transportation, may designate dangerous
highway grade crossings of railroads and erect official traffic-control
devices at such crossings directing a stop. When such stop signs are
erected the driver of any vehicle shall stop within 50 feet but not less
than 15 feet from the nearest track of such a grade crossing and
afterward may proceed only upon exercising due care.
(Added to NRS by 1969, 1494; A 1979, 1804)
1. Except as otherwise provided in this section, the driver of any
motor vehicle carrying passengers for hire, or of any school bus carrying
any school child, or of any vehicle carrying any explosive or flammable
liquid as a cargo or part of a cargo, before crossing at grade any track
or tracks of a railroad, shall stop that vehicle within 50 feet but not
less than 15 feet from the nearest rail of the railroad and while so
stopped shall listen and look in both directions along the track for any
approaching train, and for signals indicating the approach of a train,
and shall not proceed until he can do so safely.
2. After stopping as required in this section and upon proceeding
when it is safe to do so, the driver of any such vehicle shall cross only
in a gear of the vehicle that there will be no necessity for changing
gears while traversing the crossing and the driver shall not shift gears
while crossing the track or tracks.
3. When stopping is required at a railroad crossing the driver
shall keep as far to the right of the highway as possible and shall not
form two lanes of traffic unless the highway is marked for four or more
lanes of traffic.
4. No such stop need be made at a railroad crossing:
(a) Where a police officer or official traffic-control device
controls the movement of traffic.
(b) Which is marked with a device indicating that the crossing is
abandoned.
(c) Which is a streetcar crossing or is used exclusively for
industrial switching purposes within an area designated as a business
district.
(d) Which is marked with a sign identifying it as an exempt
crossing. Signs identifying a crossing as exempt may be erected only:
(1) If the tracks are an industrial or spur line;
(2) By or with the consent of the appropriate state or local
authority which has jurisdiction over the road; and
(3) After the State or the local authority has held a public
hearing to determine whether the crossing should be designated an exempt
crossing.
(Added to NRS by 1969, 1495; A 1979, 1117)
1. It is unlawful for any person to operate or move any
crawler-type tractor, power shovel, derrick, roller, or any vehicle,
equipment or structure having a normal operating speed of 10 or less
miles per hour or a vertical body or load clearance of less than one-half
inch per foot of the distance between any two adjacent axles or in any
event of less than 9 inches, measured above the level surface of a
highway, upon or across any tracks at a railroad grade crossing without
first complying with this section.
2. Before making any such crossing the person operating or moving
any such vehicle or equipment shall first stop the same not less than 15
feet nor more than 50 feet from the nearest rail of such railroad and
while so stopped shall listen and look in both directions along such
track for any approaching train and for signals indicating the approach
of a train, and shall not proceed until the crossing can be made safely.
3. No such crossing shall be made when warning is given by
automatic signal or crossing gates or a flagman or otherwise of the
immediate approach of a railroad train or car. If a flagman is provided
by the railroad, movement over the crossing shall be under his direction.
(Added to NRS by 1969, 1494)
1. The driver of a vehicle:
(a) Shall stop in obedience to the direction or traffic-control
signal of a school crossing guard; and
(b) Shall not proceed until the highway is clear of all persons,
including, without limitation, the school crossing guard.
2. A person who violates any of the provisions of this section is
guilty of a misdemeanor.
3. As used in this section, “school crossing guard” means a
volunteer or paid employee of a local authority, local law enforcement
agency or school district whose duties include assisting pupils to cross
a highway.
(Added to NRS by 2003, 364 )
1. Except as otherwise provided in subsection 2, the driver of any
vehicle upon a highway, street or road, when meeting or overtaking, from
either direction, any school bus, equipped with signs and signals
required by law, which has stopped on the highway, street or road to
receive or discharge any pupil and is displaying a flashing red light
signal visible from the front and rear, shall bring his vehicle to an
immediate stop and shall not attempt to overtake or proceed past the
school bus until the flashing red signal ceases operation.
2. The driver of a vehicle upon a divided highway need not stop
upon meeting or passing a school bus which is positioned in the other
roadway. The driver of a vehicle need not stop upon meeting or passing a
school bus where traffic is controlled by a traffic officer.
3. Any person who violates any of the provisions of this section
is guilty of a misdemeanor and:
(a) For a third or any subsequent offense within 2 years after the
most recent offense, shall be punished by a fine of not more than $1,000
and his driver’s license must be suspended for not more than 1 year.
(b) For a second offense within 1 year after the first offense,
shall be punished by a fine of not less than $250 nor more than $500 and
his driver’s license must be suspended for 6 months.
(c) For a first offense or any subsequent offense for which a
punishment is not provided for in paragraph (a) or (b), shall be punished
by a fine of not less than $250 nor more than $500.
(Added to NRS by 1969, 1506; A 1975, 825; 1991, 276; 1997, 3060)
357 ; submission of report to school
district and Department; provision of notice to owner of vehicle.
1. The driver of a school bus who observes a violation of NRS
484.357 may prepare a report of the
violation. The report must be signed by the driver and include:
(a) The date, time and approximate location of the violation;
(b) The number and state of issuance of the license plate of the
vehicle whose driver committed the violation; and
(c) An identification of the vehicle by type and color.
2. The driver of a school bus who prepares a report pursuant to
subsection 1 shall, within 2 working days after the violation, send the
report to the superintendent of his school district and a copy to the
Department, which shall thereupon mail to the last known registered owner
of the vehicle a notice containing:
(a) The information included in the report;
(b) The provisions of NRS 484.357 ; and
(c) An explanation that the notice is not a citation but a warning
of the seriousness of the violation.
(Added to NRS by 1997, 3060)
1. The police officers in this State may establish, in their
respective jurisdictions, administrative roadblocks upon the highways of
this State for any lawful purpose other than identifying the occupants of
a vehicle or because of the existence of an emergency.
2. To warn and protect the traveling public, administrative
roadblocks established by police officers must meet the following
requirements:
(a) The administrative roadblock must be established at a point on
the highway clearly visible to approaching traffic at a distance of not
less than 100 yards in either direction.
(b) At the point of the administrative roadblock, a sign must be
placed near the centerline of the highway displaying the word “Stop” in
letters of sufficient size and luminosity to be readable at a distance of
not less than 50 yards in the direction affected by the roadblock, either
in daytime or darkness.
(c) At the same point of the administrative roadblock, at least one
red flashing or intermittent light, on and burning, must be placed at the
side of the highway, clearly visible to the oncoming traffic at a
distance of not less than 100 yards.
(d) At a distance of not less than one-quarter of a mile from the
point of the administrative roadblock, warning signs must be placed at
the side of the highway, containing any wording of sufficient size and
luminosity to warn the oncoming traffic that a “police stop” lies ahead.
A burning beam light, flare or lantern must be placed near the signs to
attract the attention of the traffic to the sign.
(Added to NRS by 1969, 1495; A 1987, 1073)
1. The police officers in this State may establish, in their
respective jurisdictions, or in other jurisdictions within this State,
temporary roadblocks upon the highways of this State:
(a) To apprehend persons known to be wanted for violation of the
laws of this State, another state or the United States, and using the
highways of this State for the purpose of escape; or
(b) To control traffic at or near the scene of a potential or
existing emergency or hazard.
2. To warn and protect the traveling public, temporary roadblocks
established by police officers must meet the following requirements:
(a) The temporary roadblock must be established at a point on the
highway clearly visible at a distance of not less than 100 yards in
either direction.
(b) At the point of the temporary roadblock, an authorized
emergency vehicle, plainly and clearly marked as such and with its
warning lights in operation, must be placed so as to be clearly visible
to traffic affected by the roadblock at a distance of not less than 100
yards. When so placed, at least one of the vehicle’s flashing red lights
must be visible to approaching traffic at a distance of not less than 100
yards.
(c) At the same point of the temporary roadblock, sufficient cones,
reflectors, burning flares or similar devices must be in place to
identify the point of the roadblock and direct, as necessary, the path to
be followed by a vehicle approaching the roadblock. The devices, when in
place, must be clearly visible to traffic affected by the roadblock at a
distance of not less than 100 yards.
(d) At a point located not less than 200 yards, but not more than
400 yards, from the point of the temporary roadblock, cones, reflectors,
burning flares or similar devices must be placed on both shoulders of the
highway and near the centerline of the highway to warn traffic that a
condition hazardous to traffic exists in the immediate vicinity.
(Added to NRS by 1987, 1072)
The provisions of NRS 484.359 and 484.3591 do not limit the existing authority of police
officers in the performance of their duties involving traffic control.
(Added to NRS by 1987, 1073)
1. It is unlawful for a person to:
(a) Proceed or travel through an administrative roadblock or a
temporary roadblock without subjecting himself to the traffic control
established at the roadblock.
(b) Disobey the lawful orders or directions of a police officer at
an administrative roadblock or a temporary roadblock.
2. A person who unlawfully proceeds through an administrative
roadblock or a temporary roadblock shall be punished:
(a) If he is the direct cause of a death or substantial bodily harm
to any person, or damage to property in excess of $1,000, for a category
B felony by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 6 years, or by a
fine of not more than $5,000, or by both fine and imprisonment.
(b) If no death, substantial bodily harm or damage to property in
excess of $1,000 occurs, for a gross misdemeanor.
(Added to NRS by 1987, 1073; A 1995, 1298)
Restrictions on Speed
1. It is unlawful for any person to drive or operate a vehicle of
any kind or character at:
(a) A rate of speed greater than is reasonable or proper, having
due regard for the traffic, surface and width of the highway, the weather
and other highway conditions.
(b) Such a rate of speed as to endanger the life, limb or property
of any person.
(c) A rate of speed greater than that posted by a public authority
for the particular portion of highway being traversed.
(d) In any event, a rate of speed greater than 75 miles per hour.
2. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1486; A 1975, 754; 1987, 656; 1995, 2441,
2442; 2003, 3241 )
1. The fact that the speed of a vehicle is lower than the
prescribed limits does not relieve a driver from the duty to decrease
speed when approaching and crossing an intersection, when approaching and
going around a curve, when approaching a hill crest, when traveling upon
any narrow or winding highway, or when special hazards exist or may exist
with respect to pedestrians or other traffic, or by reason of weather or
other highway conditions, and speed must be decreased as may be necessary
to avoid colliding with any person, vehicle or other conveyance on or
entering a highway in compliance with legal requirements and the duty of
all persons to use due care.
2. Any person who fails to use due care as required by subsection
1 may be subject to the additional penalty set forth in NRS 484.3667
.
(Added to NRS by 1969, 1495; A 2003, 3242 )
1. Upon approaching an authorized emergency vehicle which is
stopped and is making use of flashing lights meeting the requirements of
subsection 3 of NRS 484.787 , the driver
of the approaching vehicle shall, in the absence of other direction given
by a peace officer:
(a) Decrease the speed of his vehicle to a speed that is:
(1) Reasonable and proper, pursuant to the criteria set
forth in subsection 1 of NRS 484.361 ;
and
(2) Less than the posted speed limit, if a speed limit has
been posted;
(b) Proceed with caution;
(c) Be prepared to stop; and
(d) If possible, drive in a lane that is not adjacent to the lane
in which the emergency vehicle is stopped, unless roadway, traffic,
weather or other conditions make doing so unsafe or impossible.
2. A person who violates subsection 1 is guilty of a misdemeanor.
(Added to NRS by 2003, 486 )
A school bus shall not
exceed a speed of 55 miles per hour when transporting pupils to and from
school or any activity which is properly a part of a school program.
(Added to NRS by 1969, 1486; A 1973, 1297; 1977, 407)
1. A person shall not drive a motor vehicle at a speed in excess
of 15 miles per hour in an area designated as a school zone except:
(a) On a day on which school is not in session;
(b) During the period from a half hour after school is no longer in
operation to a half hour before school is next in operation;
(c) If the zone is designated by an operational speed limit beacon,
during the hours when the pupils of the school are in class and the
yellow lights of the speed limit beacon are not flashing in the manner
which indicates that the speed limit is in effect; or
(d) If the zone is not designated by an operational speed limit
beacon, during the times when the sign designating the school zone
indicates that the speed limit is not in effect.
2. A person shall not drive a motor vehicle at a speed in excess
of 25 miles per hour in an area designated as a school crossing zone
except:
(a) On a day on which school is not in session;
(b) During the period from a half hour after school is no longer in
operation to a half hour before school is next in operation;
(c) If the zone is designated by an operational speed limit beacon,
during the hours when the pupils of the school are in class and the
yellow lights of the speed limit beacon are not flashing in the manner
which indicates that the speed limit is in effect; or
(d) If the zone is not designated by an operational speed limit
beacon, during the times when the sign designating the school zone
indicates that the speed limit is not in effect.
3. The governing body of a local government or the Department of
Transportation shall designate school zones and school crossing zones. An
area must not be designated as a school zone if imposing a speed limit of
15 miles per hour would be unsafe because of higher speed limits in
adjoining areas.
4. Each such governing body and the Department shall provide signs
to mark the beginning and end of each school zone and school crossing
zone which it respectively designates. Each sign marking the beginning of
such a zone must include a designation of the hours when the speed limit
is in effect or that the speed limit is in effect when children are
present.
5. With respect to each school zone and school crossing zone in a
school district, the superintendent of the school district or his
designee, in conjunction with the Department of Transportation and the
governing body of the local government that designated the school zone or
school crossing zone and after consulting with the principal of the
school and the agency that is responsible for enforcing the speed limit
in the zone, shall determine the times when the speed limit is in effect.
6. As used in this section, “speed limit beacon” means a device
which is used in conjunction with a sign and equipped with two or more
yellow lights that flash alternately to indicate when the speed limit in
a school zone or school crossing zone is in effect.
(Added to NRS by 1985, 640; A 1993, 2586; 1999, 2674 )
1. Each permanent sign which designates a school zone or school
crossing zone and the speed limit in that zone must be uniform in size
and color and must clearly designate the hours during which the speed
limit applies.
2. Each portable sign designating a school zone or school crossing
zone and the speed limit in the zone must be uniform in size and color. A
portable sign may be placed on or beside a roadway only during those
hours when pupils are arriving at and leaving regularly scheduled school
sessions.
(Added to NRS by 1985, 640; A 2001, 955 ; 2003, 365 )
1. Except as otherwise provided in subsection 2, a person who is
convicted of a violation of a speed limit, or of NRS 484.254 , 484.278 ,
484.289 , 484.2895 , 484.291 to
484.301 , inclusive, 484.305 , 484.309 ,
484.311 , 484.335 , 484.337 ,
484.361 , 484.363 , 484.3765 ,
484.377 , 484.3775 , 484.379 ,
484.448 , 484.453 or 484.479 ,
that occurred:
(a) In an area designated as a temporary traffic control zone in
which construction, maintenance or repair of a highway is conducted; and
(b) At a time when the workers who are performing the construction,
maintenance or repair of the highway are present, or when the effects of
the act may be aggravated because of the condition of the highway caused
by construction, maintenance or repair, including, without limitation,
reduction in lane width, reduction in the number of lanes, shifting of
lanes from the designated alignment and uneven or temporary surfaces,
including, without limitation, modifications to road beds, cement-treated
bases, chip seals and other similar conditions,
Ê shall be punished by imprisonment or by a fine, or both, for a term or
an amount equal to and in addition to the term of imprisonment or amount
of the fine, or both, that the court imposes for the primary offense. Any
term of imprisonment imposed pursuant to this subsection runs
consecutively with the sentence prescribed by the court for the crime.
This subsection does not create a separate offense, but provides an
additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.
2. The additional penalty imposed pursuant to subsection 1 must
not exceed a total of $1,000, 6 months of imprisonment or 120 hours of
community service.
3. A governmental entity that designates an area as a temporary
traffic control zone in which construction, maintenance or repair of a
highway is conducted, or the person with whom the governmental entity
contracts to provide such service, shall cause to be erected:
(a) A sign located before the beginning of such an area stating
“DOUBLE PENALTIES IN WORK ZONES” to indicate a double penalty may be
imposed pursuant to this section;
(b) A sign to mark the beginning of the temporary traffic control
zone; and
(c) A sign to mark the end of the temporary traffic control zone.
4. A person who otherwise would be subject to an additional
penalty pursuant to this section is not relieved of any criminal
liability because signs are not erected as required by subsection 3 if
the violation results in injury to any person performing highway
construction or maintenance in the temporary traffic control zone or in
damage to property in an amount equal to $1,000 or more.
(Added to NRS by 1997, 1481; A 2001 Special Session, 146 ; 2003, 3242 ; 2005, 78 , 938 )
1. Except as otherwise provided in subsection 2 and pursuant to
the power granted in NRS 269.185 , the
town board or board of county commissioners may, by ordinance, limit the
speed of motor vehicles in any unincorporated town in the county as may
be deemed proper.
2. The Department of Transportation may establish the speed limits
for motor vehicles on highways within the boundaries of any
unincorporated town which are constructed and maintained under the
authority granted by chapter 408 of NRS.
3. A person who violates any speed limit established pursuant to
this section may be subject to the additional penalty set forth in NRS
484.3667 .
(Added to NRS by 1969, 1486; A 1979, 1804; 1985, 301; 2003, 3243
)
1. The Department of Transportation may establish the speed limits
for motor vehicles on highways which are constructed and maintained by
the Department of Transportation under the authority granted to it by
chapter 408 of NRS.
2. Except as otherwise provided by federal law, the Department of
Transportation may establish a speed limit on such highways not to exceed
75 miles per hour and may establish a lower speed limit:
(a) Where necessary to protect public health and safety.
(b) For trucks, overweight and oversized vehicles, trailers drawn
by motor vehicles and buses.
3. A person who violates any speed limit established pursuant to
this section may be subject to the additional penalty set forth in NRS
484.3667 .
(Added to NRS by 1995, 2440; A 1997, 640; 2003, 3243 )
1. Except as otherwise provided in subsection 3, a person driving
a motor vehicle during the hours of daylight at a speed in excess of the
speed limit posted by a public authority for the portion of highway being
traversed shall be punished by a fine of $25 if:
(a) The posted speed limit is 60 miles per hour and the person is
not exceeding a speed of 70 miles per hour.
(b) The posted speed limit is 65 miles per hour and the person is
not exceeding a speed of 75 miles per hour.
(c) The posted speed limit is 70 miles per hour and the person is
not exceeding a speed of 75 miles per hour.
2. A violation of the speed limit under any of the circumstances
set forth in subsection 1 must not be recorded by the Department on a
driver’s record and shall not be deemed a moving traffic violation.
3. The provisions of this section do not apply to a violation
specified in subsection 1 that occurs in a county whose population is
100,000 or more if the portion of highway being traversed is in:
(a) An urban area; or
(b) An area which is adjacent to an urban area and which has been
designated by the public authority that established the posted speed
limit for the portion of highway being traversed as an area that requires
strict observance of the posted speed limit to protect public health and
safety.
(Added to NRS by 1997, 2524; A 1999, 572 , 1711 )
1. The Department of Transportation may prescribe speed zones, and
install appropriate speed signs controlling vehicular traffic on the
state highway system as established in chapter 408 of NRS through hazardous areas, after necessary
studies have been made to determine the need therefor, and to eliminate
speed zones and remove the signs therefrom whenever the need therefor
ceases to exist.
2. After the establishment of a speed zone and the installation of
appropriate signs to control speed, it is unlawful for any person to
drive a motor vehicle upon the road and in the speed zone in excess of
the speed therein authorized.
(Added to NRS by 1969, 1487; A 1979, 1805; 1985, 641)
1. A person shall not drive a motor vehicle at such a slow speed
as to impede the normal and reasonable movement of traffic except when
reduced speed is necessary for safe operation or in compliance with law.
2. Whenever a public authority determines on the basis of an
engineering and traffic investigation that slow speeds on any part of a
highway consistently impede the normal and reasonable movement of
traffic, such authority may establish a minimum speed limit below which
no person shall drive a vehicle except when necessary for safe operation
or in compliance with law.
3. Such speed limit shall be in effect after the erection of
appropriate signs.
(Added to NRS by 1969, 1487)
1. If any driver drives a motor vehicle at a speed so slow as to
impede the forward movement of traffic proceeding immediately behind him,
the driver shall:
(a) If the highway has one lane for traveling in each direction and
the width of the paved portion permits, drive to the extreme right side
of the highway and, if applicable, comply with the provisions of NRS
484.374 ;
(b) If the highway has two or more clearly marked lanes for traffic
traveling in his direction, drive in the extreme right-hand lane except
when necessary to pass other slowly moving vehicles; or
(c) If the highway is a controlled-access highway, use alternate
routes whenever possible.
2. A person shall not bring a vehicle to a complete stop upon a
roadway so as to impede or block the normal and reasonable movement of
traffic unless the stop is necessary for safe operation or in compliance
with law.
(Added to NRS by 1969, 1487; A 1983, 822; 1985, 339; 1995, 2441;
2001, 1506 )
1. On a highway that has one lane for traveling in each direction,
where passing is unsafe because of traffic traveling in the opposite
direction or other conditions, the driver of a slow-moving vehicle,
behind which five or more vehicles are formed in a line, shall, to allow
the vehicles following behind to proceed, turn off the roadway:
(a) At the nearest place designated as a turnout by signs erected
by the public authority having jurisdiction over the highway; or
(b) In the absence of such a designated turnout, at the nearest
place where:
(1) Sufficient area for a safe turnout exists; and
(2) The circumstances and conditions are such that the
driver is able to turn off the roadway in a safe manner.
2. A person who violates subsection 1 is guilty of a misdemeanor.
3. As used in this section, “slow-moving vehicle” means a vehicle
that is traveling at a rate of speed which is less than the posted speed
limit for the highway or portion of the highway upon which the vehicle is
traveling.
(Added to NRS by 2001, 1506 )
1. It is unlawful for any person to drive any vehicle equipped
with solid rubber or cushion tires at a speed greater than 10 miles per
hour.
2. It is unlawful for any person to drive a vehicle over any
bridge or other elevated structure constituting a part of a highway at a
speed which is greater than the maximum speed which can be maintained
with safety to the bridge or structure, when such structure is signposted
as provided in this section.
3. The Department of Transportation upon request from any local
authority shall, or upon its own initiative may, conduct an investigation
of any bridge or other elevated structure constituting a part of a
highway constructed and maintained under the authority granted by chapter
408 of NRS, and if it thereupon finds that
such structure cannot with safety to itself withstand vehicles traveling
at the speed otherwise permissible under this chapter, the Department
shall determine and declare the maximum speed of vehicles which such
structure can safely withstand, and shall cause or permit suitable signs
stating such maximum speed to be erected and maintained at a distance of
100 feet before each end of such structure.
4. Upon the trial of any person charged with a violation of this
section, proof of the determination of the maximum speed by the
Department and the existence of such signs constitutes conclusive
evidence of the maximum speed which can be maintained with safety to the
bridge or structure.
(Added to NRS by 1969, 1487; A 1979, 1805)
Aggressive Driving; Reckless Driving; Vehicular Manslaughter
1. A driver commits an offense of aggressive driving if, during
any single, continuous period of driving within the course of 1 mile, the
driver does all the following, in any sequence:
(a) Commits one or more acts of speeding in violation of NRS
484.361 or 484.366 .
(b) Commits two or more of the following acts, in any combination,
or commits any of the following acts more than once:
(1) Failing to obey an official traffic-control device in
violation of NRS 484.278 .
(2) Overtaking and passing another vehicle upon the right by
driving off the paved portion of the highway in violation of NRS 484.297
.
(3) Improper or unsafe driving upon a highway that has
marked lanes for traffic in violation of NRS 484.305 .
(4) Following another vehicle too closely in violation of
NRS 484.307 .
(5) Failing to yield the right-of-way in violation of any
provision of NRS 484.315 to 484.323
, inclusive.
(c) Creates an immediate hazard, regardless of its duration, to
another vehicle or to another person, whether or not the other person is
riding in or upon the vehicle of the driver or any other vehicle.
2. A driver may be prosecuted and convicted of an offense of
aggressive driving in violation of subsection 1 whether or not the driver
is prosecuted or convicted for committing any of the acts described in
paragraphs (a) and (b) of subsection 1.
3. A driver who commits an offense of aggressive driving in
violation of subsection 1 is guilty of a misdemeanor. In addition to any
other penalty:
(a) For the first offense within 2 years, the court shall order the
driver to attend, at his own expense, a course of traffic safety approved
by the Department and may issue an order suspending the driver’s license
of the driver for a period of not more than 30 days.
(b) For a second or subsequent offense within 2 years, the court
shall issue an order revoking the driver’s license of the driver for a
period of 1 year.
4. To determine whether the provisions of paragraph (a) or (b) of
subsection 3 apply to one or more offenses of aggressive driving, the
court shall use the date on which each offense of aggressive driving was
committed.
5. If the driver is already the subject of any other order
suspending or revoking his driver’s license, the court shall order the
additional period of suspension or revocation, as appropriate, to apply
consecutively with the previous order.
6. If the court issues an order suspending or revoking the
driver’s license of the driver pursuant to this section, the court shall
require the driver to surrender to the court all driver’s licenses then
held by the driver. The court shall, within 5 days after issuing the
order, forward the driver’s licenses and a copy of the order to the
Department.
7. If the driver successfully completes a course of traffic safety
ordered pursuant to this section, the Department shall cancel three
demerit points from his driving record in accordance with NRS 483.448
or 483.475 , as appropriate, unless the driver would not
otherwise be entitled to have those demerit points cancelled pursuant to
the provisions of that section.
8. This section does not preclude the suspension or revocation of
the driver’s license of the driver, or the suspension of the future
driving privileges of a person, pursuant to any other provision of law.
9. A person who violates any provision of subsection 1 may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1999, 1385 ; A 2003, 1243 , 3243 )
1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of
persons or property.
(b) Drive a vehicle in an unauthorized speed contest on a public
highway.
Ê A violation of this subsection or subsection 1 of NRS 484.348 constitutes reckless driving.
2. Unless a greater penalty is provided pursuant to subsection 4
of NRS 484.348 , a person who does any
act or neglects any duty imposed by law while driving or in actual
physical control of any vehicle in willful or wanton disregard of the
safety of persons or property, if the act or neglect of duty proximately
causes the death of or substantial bodily harm to a person other than
himself, is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 1
year and a maximum term of not more than 6 years, or by a fine of not
more than $5,000, or by both fine and imprisonment.
3. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 unless the person is subject to the penalty
provided pursuant to subsection 4 of NRS 484.348 .
(Added to NRS by 1969, 1486; A 1981, 866; 1983, 1015; 1993, 524;
1995, 1298; 2003, 487 , 3244 )
1. A person who, while driving or in actual physical control of
any vehicle, proximately causes the death of another person through an
act or omission that constitutes simple negligence is guilty of vehicular
manslaughter and shall be punished for a misdemeanor.
2. A person who commits an offense of vehicular manslaughter may
be subject to the additional penalty set forth in NRS 484.3667 .
3. Upon the conviction of a person for a violation of the
provisions of subsection 1, the court shall notify the Department of the
conviction.
4. Upon receipt of notification from a court pursuant to
subsection 3, the Department shall cause an entry of the conviction to be
made upon the driving record of the person so convicted.
(Added to NRS by 2005, 78 )
Driving Under the Influence of Intoxicating Liquor or Controlled or
Prohibited Substance
[Effective until the date of the
repeal of the federal law requiring each state to make it unlawful for a
person to operate a motor vehicle with a blood alcohol concentration of
0.08 percent or greater as a condition to receiving federal funding for
the construction of highways in this State.]
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his blood or
breath; or
(c) Is found by measurement within 2 hours after driving or being
in actual physical control of a vehicle to have a concentration of
alcohol of 0.08 or more in his blood or breath,
Ê to drive or be in actual physical control of a vehicle on a highway or
on premises to which the public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a
controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical,
poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely driving or
exercising actual physical control of a vehicle,
Ê to drive or be in actual physical control of a vehicle on a highway or
on premises to which the public has access. The fact that any person
charged with a violation of this subsection is or has been entitled to
use that drug under the laws of this State is not a defense against any
charge of violating this subsection.
3. It is unlawful for any person to drive or be in actual physical
control of a vehicle on a highway or on premises to which the public has
access with an amount of a prohibited substance in his blood or urine
that is equal to or greater than:
Urine Blood
Nanograms Nanograms
Prohibited
substance per
milliliter per milliliter
(a)
Amphetamine
500 100
(b)
Cocaine
150 50
(c) Cocaine
metabolite
150 50
(d)
Heroin
2,000 50
(e) Heroin metabolite:
(1)
Morphine
2,000 50
(2) 6-monoacetyl
morphine
10 10
(f) Lysergic acid
diethylamide
25 10
(g)
Marijuana
10 2
(h) Marijuana
metabolite
15 5
(i)
Methamphetamine
500 100
(j)
Phencyclidine
25 10
4. If consumption is proven by a preponderance of the evidence, it
is an affirmative defense under paragraph (c) of subsection 1 that the
defendant consumed a sufficient quantity of alcohol after driving or
being in actual physical control of the vehicle, and before his blood or
breath was tested, to cause him to have a concentration of alcohol of
0.08 or more in his blood or breath. A defendant who intends to offer
this defense at a trial or preliminary hearing must, not less than 14
days before the trial or hearing or at such other time as the court may
direct, file and serve on the prosecuting attorney a written notice of
that intent.
5. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1485; A 1971, 2030; 1973, 587, 1277, 1501;
1975, 788; 1981, 1924; 1983, 1068; 1993, 539; 1999, 2451 , 3415 ; 2001, 172 ; 2003, 2559 , 3245 )
[Effective on the date of the
repeal of the federal law requiring each state to make it unlawful for a
person to operate a motor vehicle with a blood alcohol concentration of
0.08 percent or greater as a condition to receiving federal funding for
the construction of highways in this State.]
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 or more in his blood or
breath; or
(c) Is found by measurement within 2 hours after driving or being
in actual physical control of a vehicle to have a concentration of
alcohol of 0.10 or more in his blood or breath,
Ê to drive or be in actual physical control of a vehicle on a highway or
on premises to which the public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a
controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical,
poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely driving or
exercising actual physical control of a vehicle,
Ê to drive or be in actual physical control of a vehicle on a highway or
on premises to which the public has access. The fact that any person
charged with a violation of this subsection is or has been entitled to
use that drug under the laws of this State is not a defense against any
charge of violating this subsection.
3. It is unlawful for any person to drive or be in actual physical
control of a vehicle on a highway or on premises to which the public has
access with an amount of a prohibited substance in his blood or urine
that is equal to or greater than:
Urine Blood
Nanograms Nanograms
Prohibited
substance per
milliliter per milliliter
(a)
Amphetamine
500 100
(b)
Cocaine
150 50
(c) Cocaine
metabolite
150 50
(d)
Heroin
2,000 50
(e) Heroin metabolite:
(1)
Morphine
2,000 50
(2) 6-monoacetyl
morphine
10 10
(f) Lysergic acid
diethylamide
25 10
(g)
Marijuana
10 2
(h) Marijuana
metabolite
15 5
(i)
Methamphetamine
500 100
(j)
Phencyclidine
25 10
4. If consumption is proven by a preponderance of the evidence, it
is an affirmative defense under paragraph (c) of subsection 1 that the
defendant consumed a sufficient quantity of alcohol after driving or
being in actual physical control of the vehicle, and before his blood or
breath was tested, to cause him to have a concentration of alcohol of
0.10 or more in his blood or breath. A defendant who intends to offer
this defense at a trial or preliminary hearing must, not less than 14
days before the trial or hearing or at such other time as the court may
direct, file and serve on the prosecuting attorney a written notice of
that intent.
5. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1485; A 1971, 2030; 1973, 587, 1277, 1501;
1975, 788; 1981, 1924; 1983, 1068; 1993, 539; 1999, 2451 , 3415 ; 2001, 172 ; 2003, 2559 , 3245 , effective on the date of the repeal of
the federal law requiring each state to make it unlawful for a person to
operate a motor vehicle with a blood alcohol concentration of 0.08
percent or greater as a condition to receiving federal funding for the
construction of highways in this State)
1. In addition to any other penalty provided by law, a person
convicted of a violation of NRS 484.379
is liable to the State for a civil penalty of $35, payable to the
Department.
2. The Department shall not issue any license to drive a motor
vehicle to a person convicted of a violation of NRS 484.379 until the civil penalty is paid.
3. Any money received by the Department pursuant to subsection 1
must be deposited with the State Treasurer for credit to the Fund for the
Compensation of Victims of Crime.
(Added to NRS by 1987, 2273)
1. Unless a greater penalty is provided pursuant to NRS 484.3795
or 484.37955 , and except as otherwise provided in
subsection 2, a person who violates the provisions of NRS 484.379 :
(a) For the first offense within 7 years, is guilty of a
misdemeanor. Unless he is allowed to undergo treatment as provided in NRS
484.37937 , the court shall:
(1) Except as otherwise provided in subparagraph (4) or
subsection 7, order him to pay tuition for an educational course on the
abuse of alcohol and controlled substances approved by the Department and
complete the course within the time specified in the order, and the court
shall notify the Department if he fails to complete the course within the
specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937
, sentence him to imprisonment for not
less than 2 days nor more than 6 months in jail, or to perform not less
than 48 hours, but not more than 96 hours, of community service while
dressed in distinctive garb that identifies him as having violated the
provisions of NRS 484.379 ;
(3) Fine him not less than $400 nor more than $1,000; and
(4) If he is found to have a concentration of alcohol of
0.18 or more in his blood or breath, order him to attend a program of
treatment for the abuse of alcohol or drugs pursuant to the provisions of
NRS 484.37945 .
(b) For a second offense within 7 years, is guilty of a
misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794
, the court shall:
(1) Sentence him to:
(I) Imprisonment for not less than 10 days nor more
than 6 months in jail; or
(II) Residential confinement for not less than 10 days
nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766 ,
inclusive, or 5.0755 to 5.078 , inclusive;
(2) Fine him not less than $750 nor more than $1,000, or
order him to perform an equivalent number of hours of community service
while dressed in distinctive garb that identifies him as having violated
the provisions of NRS 484.379 ; and
(3) Order him to attend a program of treatment for the abuse
of alcohol or drugs pursuant to the provisions of NRS 484.37945 .
Ê A person who willfully fails or refuses to complete successfully a term
of residential confinement or a program of treatment ordered pursuant to
this paragraph is guilty of a misdemeanor.
(c) For a third offense within 7 years, is guilty of a category B
felony and shall be punished by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than
6 years, and shall be further punished by a fine of not less than $2,000
nor more than $5,000. An offender so imprisoned must, insofar as
practicable, be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility of
minimum security.
2. Unless a greater penalty is provided in NRS 484.37955 , a person who has previously been convicted
of:
(a) A violation of NRS 484.379
that is punishable as a felony pursuant to paragraph (c) of subsection 1;
(b) A violation of NRS 484.3795 ;
(c) A homicide resulting from driving or being in actual physical
control of a vehicle while under the influence of intoxicating liquor or
a controlled substance or resulting from any other conduct prohibited by
NRS 484.379 , 484.3795 or 484.37955 ; or
(d) A violation of a law of any other jurisdiction that prohibits
the same or similar conduct as set forth in paragraph (a), (b) or (c),
Ê and who violates the provisions of NRS 484.379 is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of not more than 15 years, and shall
be further punished by a fine of not less than $2,000 nor more than
$5,000. An offender so imprisoned must, insofar as practicable, be
segregated from offenders whose crimes were violent and, insofar as
practicable, be assigned to an institution or facility of minimum
security.
3. Except as otherwise provided in this subsection, an offense
that occurred within 7 years immediately preceding the date of the
principal offense or after the principal offense constitutes a prior
offense for the purposes of this section when evidenced by a conviction,
without regard to the sequence of the offenses and convictions. An
offense which is listed in paragraphs (a) to (d), inclusive, of
subsection 2 that occurred on any date preceding the date of the
principal offense or after the principal offense constitutes a prior
offense for the purposes of this section when evidenced by a conviction,
without regard for the sequence of the offenses and convictions. The
facts concerning a prior offense must be alleged in the complaint,
indictment or information, must not be read to the jury or proved at
trial but must be proved at the time of sentencing and, if the principal
offense is alleged to be a felony, must also be shown at the preliminary
examination or presented to the grand jury.
4. A person convicted of violating the provisions of NRS 484.379
must not be released on probation, and
a sentence imposed for violating those provisions must not be suspended
except, as provided in NRS 4.373 , 5.055
, 484.37937 and 484.3794 , that portion of the sentence imposed that
exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a
charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo
contendere to a lesser charge or for any other reason unless he knows or
it is obvious that the charge is not supported by probable cause or
cannot be proved at the time of trial.
5. A term of confinement imposed pursuant to the provisions of
this section may be served intermittently at the discretion of the judge
or justice of the peace, except that a person who is convicted of a
second or subsequent offense within 7 years must be confined for at least
one segment of not less than 48 consecutive hours. This discretion must
be exercised after considering all the circumstances surrounding the
offense, and the family and employment of the offender, but any sentence
of 30 days or less must be served within 6 months after the date of
conviction or, if the offender was sentenced pursuant to NRS 484.37937
or 484.3794 and the suspension of his sentence was
revoked, within 6 months after the date of revocation. Any time for which
the offender is confined must consist of not less than 24 consecutive
hours.
6. Jail sentences simultaneously imposed pursuant to this section
and NRS 482.456 , 483.560 or 485.330
must run consecutively.
7. If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state
other than the State of Nevada and does not reside in the State of
Nevada, in carrying out the provisions of subparagraph (1) of paragraph
(a) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of
completion of an educational course on the abuse of alcohol and
controlled substances approved by a governmental agency of the state of
his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence
on the abuse of alcohol and controlled substances approved by the
Department within the time specified in the order,
Ê and the court shall notify the Department if the person fails to
complete the assigned course within the specified time.
8. If the defendant was transporting a person who is less than 15
years of age in the motor vehicle at the time of the violation, the court
shall consider that fact as an aggravating factor in determining the
sentence of the defendant.
9. For the purpose of determining whether one offense occurs
within 7 years of another offense, any period of time between the two
offenses during which, for any such offense, the offender is imprisoned,
serving a term of residential confinement, confined in a treatment
facility, on parole or on probation must be excluded.
10. As used in this section, unless the context otherwise requires:
(a) “Concentration of alcohol of 0.18 or more in his blood or
breath” means 0.18 gram or more of alcohol per 100 milliliters of the
blood of a person or per 210 liters of his breath.
(b) “Offense” means:
(1) A violation of NRS 484.379 or 484.3795 ;
(2) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of intoxicating
liquor or a controlled substance or resulting from any other conduct
prohibited by NRS 484.379 , 484.3795
or 484.37955 ; or
(3) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in subparagraph (1) or
(2).
(c) “Treatment facility” has the meaning ascribed to it in NRS
484.3793 .
(Added to NRS by 1983, 1070; A 1985, 1946; 1987, 907, 1136; 1989,
195, 2046; 1991, 218, 836; 1993, 2262, 2892; 1995, 1298, 2471; 1997, 38,
642, 1746; 1999, 52 , 2138 , 3110 , 3416 , 3438 ; 2001, 220 , 223 , 1884 , 2392 ; 2001 Special Session, 147 ; 2003, 277 , 446 , 1490 ; 2005, 139 , 607 , 2039 ; 2005, 22nd Special Session, 102 )
As used in NRS 484.3793
to 484.37947 , inclusive:
1. “Evaluation center” means a facility which is approved by the
Health Division of the Department of Health and Human Services to provide
an evaluation of an offender to a court to determine if the offender is
an abuser of alcohol or another drug. The term includes a facility
operated by a court or other governmental agency.
2. “Treatment facility” means a facility for the treatment of
abuse of alcohol or drugs, which is certified by the Health Division of
the Department of Health and Human Services.
(Added to NRS by 1993, 2890; A 1997, 1748; 1999, 1882 ; 2001, 435 )
The State Board of Health
shall adopt by regulation the standards to be used for approving the
operation of a facility as an evaluation center for the purposes of NRS
484.37937 to 484.37945 , inclusive.
(Added to NRS by 1993, 2890; A 1997, 1748; 1999, 1882 ; 2001, 435 )
1. An offender who is found guilty of a violation of NRS 484.379
that is punishable pursuant to
paragraph (a) of subsection 1 of NRS 484.3792 , other than an offender who is found to have
a concentration of alcohol of 0.18 or more in his blood or breath, may,
at that time or any time before he is sentenced, apply to the court to
undergo a program of treatment for alcoholism or drug abuse which is
certified by the Health Division of the Department of Health and Human
Services for at least 6 months. The court shall authorize that treatment
if:
(a) The offender is diagnosed as an alcoholic or abuser of drugs by:
(1) An alcohol and drug abuse counselor who is licensed or
certified pursuant to chapter 641C of NRS
to make that diagnosis; or
(2) A physician who is certified to make that diagnosis by
the Board of Medical Examiners;
(b) The offender agrees to pay the cost of the treatment to the
extent of his financial resources; and
(c) The offender has served or will serve a term of imprisonment in
jail of 1 day, or has performed or will perform 24 hours of community
service.
2. A prosecuting attorney may, within 10 days after receiving
notice of an application for treatment pursuant to this section, request
a hearing on the question of whether the offender is eligible to undergo
a program of treatment for alcoholism or drug abuse. The court shall
order a hearing on the application upon the request of the prosecuting
attorney or may order a hearing on its own motion. The hearing must be
limited to the question of whether the offender is eligible to undergo
such a program of treatment.
3. At the hearing on the application for treatment, the
prosecuting attorney may present the court with any relevant evidence on
the matter. If a hearing is not held, the court shall decide the matter
upon affidavits and other information before the court.
4. If the court grants an application for treatment, the court
shall:
(a) Immediately sentence the offender and enter judgment
accordingly.
(b) Suspend the sentence of the offender for not more than 3 years
upon the condition that the offender be accepted for treatment by a
treatment facility, that he complete the treatment satisfactorily and
that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he
may be placed under the supervision of the facility for a period not to
exceed 3 years and during treatment he may be confined in an institution
or, at the discretion of the facility, released for treatment or
supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility
or he fails to complete the treatment satisfactorily, he shall serve the
sentence imposed by the court. Any sentence of imprisonment must be
reduced by a time equal to that which he served before beginning
treatment.
(3) If he completes the treatment satisfactorily, his
sentence will be reduced to a term of imprisonment which is no longer
than that provided for the offense in paragraph (c) of subsection 1 and a
fine of not more than the minimum fine provided for the offense in NRS
484.3792 , but the conviction must
remain on his record of criminal history.
5. The court shall administer the program of treatment pursuant to
the procedures provided in NRS 458.320
and 458.330 , except that the court:
(a) Shall not defer the sentence, set aside the conviction or
impose conditions upon the election of treatment except as otherwise
provided in this section.
(b) May immediately revoke the suspension of sentence for a
violation of any condition of the suspension.
6. The court shall notify the Department, on a form approved by
the Department, upon granting the application of the offender for
treatment and his failure to be accepted for or complete treatment.
(Added to NRS by 1997, 1744; A 1999, 1882 , 3070 , 3418 ; 2001, 127 , 133 , 435 , 1886 ; 2001 Special Session, 149 ; 2003, 448 ; 2005, 141 , 609 )
1. An offender who is found guilty of a violation of NRS 484.379
that is punishable pursuant to
paragraph (b) of subsection 1 of NRS 484.3792 may, at that time or any time before he is
sentenced, apply to the court to undergo a program of treatment for
alcoholism or drug abuse which is certified by the Health Division of the
Department of Health and Human Services for at least 1 year if:
(a) The offender is diagnosed as an alcoholic or abuser of drugs by:
(1) An alcohol and drug abuse counselor who is licensed or
certified pursuant to chapter 641C of NRS
to make that diagnosis; or
(2) A physician who is certified to make that diagnosis by
the Board of Medical Examiners;
(b) The offender agrees to pay the costs of the treatment to the
extent of his financial resources; and
(c) The offender has served or will serve a term of imprisonment in
jail of 5 days and, if required pursuant to NRS 484.3792 , has performed or will perform not less than
one-half of the hours of community service.
2. A prosecuting attorney may, within 10 days after receiving
notice of an application for treatment pursuant to this section, request
a hearing on the matter. The court shall order a hearing on the
application upon the request of the prosecuting attorney or may order a
hearing on its own motion.
3. At the hearing on the application for treatment, the
prosecuting attorney may present the court with any relevant evidence on
the matter. If a hearing is not held, the court shall decide the matter
upon affidavits and other information before the court.
4. If the court determines that an application for treatment
should be granted, the court shall:
(a) Immediately sentence the offender and enter judgment
accordingly.
(b) Suspend the sentence of the offender for not more than 3 years
upon the condition that the offender be accepted for treatment by a
treatment facility, that he complete the treatment satisfactorily and
that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he
may be placed under the supervision of the facility for a period not to
exceed 3 years and during treatment he may be confined in an institution
or, at the discretion of the facility, released for treatment or
supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility
or he fails to complete the treatment satisfactorily, he shall serve the
sentence imposed by the court. Any sentence of imprisonment must be
reduced by a time equal to that which he served before beginning
treatment.
(3) If he completes the treatment satisfactorily, his
sentence will be reduced to a term of imprisonment which is no longer
than that provided for the offense in paragraph (c) of subsection 1 and a
fine of not more than the minimum provided for the offense in NRS
484.3792 , but the conviction must
remain on his record of criminal history.
5. The court shall administer the program of treatment pursuant to
the procedures provided in NRS 458.320
and 458.330 , except that the court:
(a) Shall not defer the sentence, set aside the conviction or
impose conditions upon the election of treatment except as otherwise
provided in this section.
(b) May immediately revoke the suspension of sentence for a
violation of a condition of the suspension.
6. The court shall notify the Department, on a form approved by
the Department, upon granting the application of the offender for
treatment and his failure to be accepted for or complete treatment.
(Added to NRS by 1983, 1072; A 1987, 719, 964; 1989, 197; 1993,
1642, 2264, 2894; 1995, 579; 1997, 40, 153, 1748; 1999, 1884 , 3071 , 3420 ; 2001, 127 , 133 , 436 ; 2001 Special Session, 150 ; 2003, 449 ; 2005, 142 , 611 )
1. If an offender is found guilty of a violation of NRS 484.379
that is punishable pursuant to
paragraph (a) of subsection 1 of NRS 484.3792 and if the concentration of alcohol in the
offender’s blood or breath at the time of the offense was 0.18 or more,
or if an offender is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (b)
of subsection 1 of NRS 484.3792 , the
court shall, before sentencing the offender, require an evaluation of the
offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is
an abuser of alcohol or other drugs.
2. If an offender is convicted of a violation of NRS 484.379
that is punishable pursuant to
paragraph (a) of subsection 1 of NRS 484.3792 and if the offender is under 21 years of age
at the time of the violation, the court shall, before sentencing the
offender, require an evaluation of the offender pursuant to subsection 3,
4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.
3. Except as otherwise provided in subsection 4, 5 or 6, the
evaluation of an offender pursuant to this section must be conducted at
an evaluation center by:
(a) An alcohol and drug abuse counselor who is licensed or
certified pursuant to chapter 641C of NRS
to make that evaluation; or
(b) A physician who is certified to make that evaluation by the
Board of Medical Examiners,
Ê who shall report to the court the results of the evaluation and make a
recommendation to the court concerning the length and type of treatment
required for the offender.
4. The evaluation of an offender who resides more than 30 miles
from an evaluation center may be conducted outside an evaluation center
by a person who has the qualifications set forth in subsection 3. The
person who conducts the evaluation shall report to the court the results
of the evaluation and make a recommendation to the court concerning the
length and type of treatment required for the offender.
5. The evaluation of an offender who resides in another state may,
upon approval of the court, be conducted in the state where the offender
resides by a physician or other person who is authorized by the
appropriate governmental agency in that state to conduct such an
evaluation. The offender shall ensure that the results of the evaluation
and the recommendation concerning the length and type of treatment for
the offender are reported to the court.
6. The evaluation of an offender who resides in this State may,
upon approval of the court, be conducted in another state by a physician
or other person who is authorized by the appropriate governmental agency
in that state to conduct such an evaluation if the location of the
physician or other person in the other state is closer to the residence
of the offender than the nearest location in this State at which an
evaluation may be conducted. The offender shall ensure that the results
of the evaluation and the recommendation concerning the length and type
of treatment for the offender are reported to the court.
7. An offender who is evaluated pursuant to this section shall pay
the cost of the evaluation. An evaluation center or a person who conducts
an evaluation in this State outside an evaluation center shall not charge
an offender more than $100 for the evaluation.
(Added to NRS by 1993, 2890; A 1995, 420; 1997, 134; 1999, 1885
, 2451 , 3073 ; 2001, 172 ; 2005, 33 , 612 )
1. When a program of treatment is ordered pursuant to paragraph
(a) or (b) of subsection 1 of NRS 484.3792 , the court shall place the offender under the
clinical supervision of a treatment facility for treatment for a period
not to exceed 1 year, in accordance with the report submitted to the
court pursuant to subsection 3, 4, 5 or 6 of NRS 484.37943 . The court shall:
(a) Order the offender confined in a treatment facility, then
release the offender for supervised aftercare in the community; or
(b) Release the offender for treatment in the community,
Ê for the period of supervision ordered by the court.
2. The court shall:
(a) Require the treatment facility to submit monthly progress
reports on the treatment of an offender pursuant to this section; and
(b) Order the offender, to the extent of his financial resources,
to pay any charges for his treatment pursuant to this section. If the
offender does not have the financial resources to pay all those charges,
the court shall, to the extent possible, arrange for the offender to
obtain his treatment from a treatment facility that receives a sufficient
amount of federal or state money to offset the remainder of the charges.
3. A treatment facility is not liable for any damages to person or
property caused by a person who:
(a) Drives, operates or is in actual physical control of a vehicle
or a vessel under power or sail while under the influence of intoxicating
liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484.379 , 484.3795 ,
484.37955 , subsection 2 of NRS
488.400 , NRS 488.410 , 488.420 or
488.425 or a law of any other
jurisdiction that prohibits the same or similar conduct,
Ê after the treatment facility has certified to his successful completion
of a program of treatment ordered pursuant to paragraph (a) or (b) of
subsection 1 of NRS 484.3792 .
(Added to NRS by 1993, 2891; A 1995, 421; 1997, 135; 1999, 3421
; 2001, 1887 , 2394 ; 2003, 106 ; 2005, 34 , 144 )
The provisions of
NRS 484.37943 and 484.37945 do not prohibit a court from:
1. Requiring an evaluation pursuant to NRS 484.37943 to be conducted by an evaluation center that
is administered by a private company if the company meets the standards
of the State Board of Health pursuant to NRS 484.37935 ; or
2. Ordering the offender to attend a program of treatment that is
administered by a private company.
(Added to NRS by 1993, 2892; A 1999, 1886 ; 2001, 438 )
[Effective until the date of the
repeal of the federal law requiring each state to make it unlawful for a
person to operate a motor vehicle with a blood alcohol concentration of
0.08 percent or greater as a condition to receiving federal funding for
the construction of highways in this State.]
1. Unless a greater penalty is provided pursuant to NRS 484.37955
, a person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his blood or
breath;
(c) Is found by measurement within 2 hours after driving or being
in actual physical control of a vehicle to have a concentration of
alcohol of 0.08 or more in his blood or breath;
(d) Is under the influence of a controlled substance or is under
the combined influence of intoxicating liquor and a controlled substance;
(e) Inhales, ingests, applies or otherwise uses any chemical,
poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely driving or
exercising actual physical control of a vehicle; or
(f) Has a prohibited substance in his blood or urine in an amount
that is equal to or greater than the amount set forth in subsection 3 of
NRS 484.379 ,
Ê and does any act or neglects any duty imposed by law while driving or
in actual physical control of any vehicle on or off the highways of this
State, if the act or neglect of duty proximately causes the death of, or
substantial bodily harm to, a person other than himself, is guilty of a
category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a maximum term of
not more than 20 years and must be further punished by a fine of not less
than $2,000 nor more than $5,000. A person so imprisoned must, insofar as
practicable, be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility of
minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating
the provisions of subsection 1 in exchange for a plea of guilty or nolo
contendere to a lesser charge or for any other reason unless he knows or
it is obvious that the charge is not supported by probable cause or
cannot be proved at the time of trial. A sentence imposed pursuant to
subsection 1 may not be suspended nor may probation be granted.
3. If consumption is proven by a preponderance of the evidence, it
is an affirmative defense under paragraph (c) of subsection 1 that the
defendant consumed a sufficient quantity of alcohol after driving or
being in actual physical control of the vehicle, and before his blood or
breath was tested, to cause him to have a concentration of alcohol of
0.08 or more in his blood or breath. A defendant who intends to offer
this defense at a trial or preliminary hearing must, not less than 14
days before the trial or hearing or at such other time as the court may
direct, file and serve on the prosecuting attorney a written notice of
that intent.
4. If the defendant was transporting a person who is less than 15
years of age in the motor vehicle at the time of the violation, the court
shall consider that fact as an aggravating factor in determining the
sentence of the defendant.
(Added to NRS by 1973, 447; A 1979, 1484; 1981, 1926; 1983, 1073;
1985, 818, 1015; 1989, 1111; 1991, 220, 489, 498, 837; 1995, 312, 1300,
2473; 1997, 644; 1999, 2452 , 3422 ; 2001, 172 ; 2003, 1492 , 2560 ; 2005, 144 )
[Effective on the date of the
repeal of the federal law requiring each state to make it unlawful for a
person to operate a motor vehicle with a blood alcohol concentration of
0.08 percent or greater as a condition to receiving federal funding for
the construction of highways in this State.]
1. Unless a greater penalty is provided pursuant to NRS 484.37955
, a person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 or more in his blood or
breath;
(c) Is found by measurement within 2 hours after driving or being
in actual physical control of a vehicle to have a concentration of
alcohol of 0.10 or more in his blood or breath;
(d) Is under the influence of a controlled substance or is under
the combined influence of intoxicating liquor and a controlled substance;
(e) Inhales, ingests, applies or otherwise uses any chemical,
poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely driving or
exercising actual physical control of a vehicle; or
(f) Has a prohibited substance in his blood or urine in an amount
that is equal to or greater than the amount set forth in subsection 3 of
NRS 484.379 ,
Ê and does any act or neglects any duty imposed by law while driving or
in actual physical control of any vehicle on or off the highways of this
State, if the act or neglect of duty proximately causes the death of, or
substantial bodily harm to, a person other than himself, is guilty of a
category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a maximum term of
not more than 20 years and must be further punished by a fine of not less
than $2,000 nor more than $5,000. A person so imprisoned must, insofar as
practicable, be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility of
minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating
the provisions of subsection 1 in exchange for a plea of guilty or nolo
contendere to a lesser charge or for any other reason unless he knows or
it is obvious that the charge is not supported by probable cause or
cannot be proved at the time of trial. A sentence imposed pursuant to
subsection 1 may not be suspended nor may probation be granted.
3. If consumption is proven by a preponderance of the evidence, it
is an affirmative defense under paragraph (c) of subsection 1 that the
defendant consumed a sufficient quantity of alcohol after driving or
being in actual physical control of the vehicle, and before his blood or
breath was tested, to cause him to have a concentration of alcohol of
0.10 or more in his blood or breath. A defendant who intends to offer
this defense at a trial or preliminary hearing must, not less than 14
days before the trial or hearing or at such other time as the court may
direct, file and serve on the prosecuting attorney a written notice of
that intent.
4. If the defendant was transporting a person who is less than 15
years of age in the motor vehicle at the time of the violation, the court
shall consider that fact as an aggravating factor in determining the
sentence of the defendant.
(Added to NRS by 1973, 447; A 1979, 1484; 1981, 1926; 1983, 1073;
1985, 818, 1015; 1989, 1111; 1991, 220, 489, 498, 837; 1995, 312, 1300,
2473; 1997, 644; 1999, 2452 , 3422 ; 2001, 172 ; 2003, 1492 , 2560 ; 2005, 144 , 145 , effective on the date of the repeal of
the federal law requiring each state to make it unlawful for a person to
operate a motor vehicle with a blood alcohol concentration of 0.08
percent or greater as a condition to receiving federal funding for the
construction of highways in this State)
[Effective until the date of the repeal of the federal law requiring each
state to make it unlawful for a person to operate a motor vehicle with a
blood alcohol concentration of 0.08 percent or greater as a condition to
receiving federal funding for the construction of highways in this State.]
1. A person commits vehicular homicide if he:
(a) Drives or is in actual physical control of a vehicle on or off
the highways of this State and:
(1) Is under the influence of intoxicating liquor;
(2) Has a concentration of alcohol of 0.08 or more in his
blood or breath;
(3) Is found by measurement within 2 hours after driving or
being in actual physical control of a vehicle to have a concentration of
alcohol of 0.08 or more in his blood or breath;
(4) Is under the influence of a controlled substance or is
under the combined influence of intoxicating liquor and a controlled
substance;
(5) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of
any of these, to a degree which renders him incapable of safely driving
or exercising actual physical control of a vehicle; or
(6) Has a prohibited substance in his blood or urine in an
amount that is equal to or greater than the amount set forth in
subsection 3 of NRS 484.379 ;
(b) Proximately causes the death of a person other than himself
while driving or in actual physical control of a vehicle on or off the
highways of this State; and
(c) Has previously been convicted of at least three offenses.
2. A person who commits vehicular homicide is guilty of a category
A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole
beginning when a minimum of 10 years has been served.
3. A person imprisoned pursuant to subsection 2 must, insofar as
practicable, be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility of
minimum security.
4. A prosecuting attorney shall not dismiss a charge of vehicular
homicide in exchange for a plea of guilty or nolo contendere to a lesser
charge or for any other reason unless he knows or it is obvious that the
charge is not supported by probable cause or cannot be proved at the time
of trial. A sentence imposed pursuant to subsection 2 may not be
suspended nor may probation be granted.
5. If consumption is proven by a preponderance of the evidence, it
is an affirmative defense under subparagraph (3) of paragraph (a) of
subsection 1 that the defendant consumed a sufficient quantity of alcohol
after driving or being in actual physical control of the vehicle, and
before his blood or breath was tested, to cause him to have a
concentration of alcohol of 0.08 or more in his blood or breath. A
defendant who intends to offer this defense at a trial or preliminary
hearing must, not less than 14 days before the trial or hearing or at
such other time as the court may direct, file and serve on the
prosecuting attorney a written notice of that intent.
6. If the defendant was transporting a person who is less than 15
years of age in the vehicle at the time of the violation, the court shall
consider that fact as an aggravating factor in determining the sentence
of the defendant.
7. As used in this section, “offense” means:
(a) A violation of NRS 484.379 or
484.3795 ;
(b) A homicide resulting from driving or being in actual physical
control of a vehicle while under the influence of intoxicating liquor or
a controlled substance or resulting from any other conduct prohibited by
this section or NRS 484.379 or 484.3795
; or
(c) A violation of a law of any other jurisdiction that prohibits
the same or similar conduct as set forth in paragraph (a) or (b).
(Added to NRS by 2005, 138 )
[Effective on the date of the repeal of the federal law requiring each
state to make it unlawful for a person to operate a motor vehicle with a
blood alcohol concentration of 0.08 percent or greater as a condition to
receiving federal funding for the construction of highways in this State.]
1. A person commits vehicular homicide if he:
(a) Drives or is in actual physical control of a vehicle on or off
the highways of this State and:
(1) Is under the influence of intoxicating liquor;
(2) Has a concentration of alcohol of 0.10 or more in his
blood or breath;
(3) Is found by measurement within 2 hours after driving or
being in actual physical control of a vehicle to have a concentration of
alcohol of 0.10 or more in his blood or breath;
(4) Is under the influence of a controlled substance or is
under the combined influence of intoxicating liquor and a controlled
substance;
(5) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of
any of these, to a degree which renders him incapable of safely driving
or exercising actual physical control of a vehicle; or
(6) Has a prohibited substance in his blood or urine in an
amount that is equal to or greater than the amount set forth in
subsection 3 of NRS 484.379 ;
(b) Proximately causes the death of a person other than himself
while driving or in actual physical control of a vehicle on or off the
highways of this State; and
(c) Has previously been convicted of at least three offenses.
2. A person who commits vehicular homicide is guilty of a category
A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole
beginning when a minimum of 10 years has been served.
3. A person imprisoned pursuant to subsection 2 must, insofar as
practicable, be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility of
minimum security.
4. A prosecuting attorney shall not dismiss a charge of vehicular
homicide in exchange for a plea of guilty or nolo contendere to a lesser
charge or for any other reason unless he knows or it is obvious that the
charge is not supported by probable cause or cannot be proved at the time
of trial. A sentence imposed pursuant to subsection 2 may not be
suspended nor may probation be granted.
5. If consumption is proven by a preponderance of the evidence, it
is an affirmative defense under subparagraph (3) of paragraph (a) of
subsection 1 that the defendant consumed a sufficient quantity of alcohol
after driving or being in actual physical control of the vehicle, and
before his blood or breath was tested, to cause him to have a
concentration of alcohol of 0.10 or more in his blood or breath. A
defendant who intends to offer this defense at a trial or preliminary
hearing must, not less than 14 days before the trial or hearing or at
such other time as the court may direct, file and serve on the
prosecuting attorney a written notice of that intent.
6. If the defendant was transporting a person who is less than 15
years of age in the vehicle at the time of the violation, the court shall
consider that fact as an aggravating factor in determining the sentence
of the defendant.
7. As used in this section, “offense” means:
(a) A violation of NRS 484.379 or
484.3795 ;
(b) A homicide resulting from driving or being in actual physical
control of a vehicle while under the influence of intoxicating liquor or
a controlled substance or resulting from any other conduct prohibited by
this section or NRS 484.379 or 484.3795
; or
(c) A violation of a law of any other jurisdiction that prohibits
the same or similar conduct as set forth in paragraph (a) or (b).
(Added to NRS by 2005, 138 , 173 , effective on the date of the repeal of
the federal law requiring each state to make it unlawful for a person to
operate a motor vehicle with a blood alcohol concentration of 0.08
percent or greater as a condition to receiving federal funding for the
construction of highways in this State)
1. Before sentencing an offender for a violation of NRS 484.379
that is punishable as a felony pursuant
to NRS 484.3792 or a violation of NRS
484.3795 or 484.37955 , the court shall require that the offender
be evaluated to determine whether he is an abuser of alcohol or drugs and
whether he can be treated successfully for his condition.
2. The evaluation must be conducted by:
(a) An alcohol and drug abuse counselor who is licensed or
certified pursuant to chapter 641C of NRS
to make such an evaluation;
(b) A physician who is certified to make such an evaluation by the
Board of Medical Examiners; or
(c) A psychologist who is certified to make such an evaluation by
the Board of Psychological Examiners.
3. The alcohol and drug abuse counselor, physician or psychologist
who conducts the evaluation shall immediately forward the results of the
evaluation to the Director of the Department of Corrections.
(Added to NRS by 1991, 784; A 1993, 1643, 2016; 1999, 1886 , 3074 ; 2001 Special Session, 245 ; 2005, 146 , 613 )
1. The judge or judges in each judicial district shall cause the
preparation and maintenance of a list of the panels of persons who:
(a) Have been injured or had members of their families or close
friends injured or killed by a person who was driving or in actual
physical control of a vehicle while under the influence of intoxicating
liquor or a controlled substance or who was engaging in any other conduct
prohibited by NRS 484.379 , 484.3795
or 484.37955 or a law of any other jurisdiction that
prohibits the same or similar conduct; and
(b) Have, by contacting the judge or judges in the district,
expressed their willingness to discuss collectively the personal effect
of those crimes.
Ê The list must include the name and telephone number of the person to be
contacted regarding each such panel and a schedule of times and locations
of the meetings of each such panel. The judge or judges shall establish,
in cooperation with representatives of the members of the panels, a fee,
if any, to be paid by defendants who are ordered to attend a meeting of
the panel. The amount of the fee, if any, must be reasonable. The panel
may not be operated for profit.
2. Except as otherwise provided in this subsection, if a defendant
pleads guilty to or is found guilty of any violation of NRS 484.379
, 484.3795 or 484.37955 , the court shall, in addition to imposing
any other penalties provided by law, order the defendant to:
(a) Attend, at the defendant’s expense, a meeting of a panel of
persons who have been injured or had members of their families or close
friends injured or killed by a person who was driving or in actual
physical control of a vehicle while under the influence of intoxicating
liquor or a controlled substance or who was engaging in any other conduct
prohibited by NRS 484.379 , 484.3795
or 484.37955 or a law of any other jurisdiction that
prohibits the same or similar conduct, in order to have the defendant
understand the effect such a crime has on other persons; and
(b) Pay the fee, if any, established by the court pursuant to
subsection 1.
Ê The court may, but is not required to, order the defendant to attend
such a meeting if one is not available within 60 miles of the defendant’s
residence.
3. A person ordered to attend a meeting pursuant to subsection 2
shall, after attending the meeting, present evidence or other
documentation satisfactory to the court that he attended the meeting and
remained for its entirety.
(Added to NRS by 1993, 250; A 1995, 2474; 1999, 3423 ; 2003, 1493 ; 2005, 146 )
1. If a person is convicted of:
(a) A violation of NRS 484.379
that is punishable pursuant to paragraph (b) of subsection 1 of NRS
484.3792 ;
(b) A violation of NRS 484.379
that is punishable as a felony pursuant to NRS 484.3792 ; or
(c) A violation of NRS 484.3795
or 484.37955 ,
Ê the court shall issue an order directing the Department to suspend the
registration of each motor vehicle that is registered to or owned by the
person for 5 days.
2. If a court issues an order directing the Department to suspend
the registration of a motor vehicle pursuant to subsection 1, the court
shall forward a copy of the order to the Department within 5 days after
issuing the order. The order must include, without limitation,
information concerning each motor vehicle that is registered to or owned
by the person, including, without limitation, the registration number of
the motor vehicle, if such information is available.
3. A court shall provide for limited exceptions to the provisions
of subsection 1 on an individual basis to avoid undue hardship to a
person other than the person to whom that provision applies. Such an
exception must be provided if the court determines that:
(a) A member of the immediate family of the person whose
registration is suspended needs to use the motor vehicle:
(1) To travel to or from work or in the course and scope of
his employment;
(2) To obtain medicine, food or other necessities or to
obtain health care services for himself or another member of his
immediate family; or
(3) To transport himself or another member of his immediate
family to or from school; or
(b) An alternative means of transportation is not available to a
member of the immediate family of the person whose registration is
suspended.
(Added to NRS by 1999, 2138 ; A 2005, 147 )
1. If a defendant pleads guilty to or is found guilty of any
violation of NRS 484.379 , 484.3795
or 484.37955 and a chemical analysis of his blood, urine,
breath or other bodily substance was conducted, the court shall, in
addition to any penalty provided by law, order the defendant to pay the
sum of $60 as a fee for the chemical analysis. Except as otherwise
provided in this subsection, any money collected for the chemical
analysis must not be deducted from, and is in addition to, any fine
otherwise imposed by the court and must be:
(a) Collected from the defendant before or at the same time that
the fine is collected.
(b) Stated separately in the judgment of the court or on the
court’s docket.
2. All money collected pursuant to subsection 1 must be paid by
the clerk of the court to the county or city treasurer, as appropriate,
on or before the fifth day of each month for the preceding month.
3. The treasurer shall deposit all money received by him pursuant
to subsection 2 in the county or city treasury, as appropriate, for
credit to the fund for forensic services created pursuant to NRS 453.575
. The money must be accounted for
separately within the fund.
4. Except as otherwise provided in subsection 5, each month the
treasurer shall, from the money credited to the fund pursuant to
subsection 3, pay any amount owed for forensic services and deposit any
remaining money in the county or city general fund, as appropriate.
5. In counties that do not receive forensic services under a
contract with the State, the money credited to the fund pursuant to
subsection 3:
(a) Except as otherwise provided in paragraph (b), must be:
(1) Expended to pay for the chemical analyses performed
within the county;
(2) Expended to purchase and maintain equipment to conduct
such analyses;
(3) Expended for the training and continuing education of
the employees who conduct such analyses; and
(4) Paid to law enforcement agencies which conduct such
analyses to be used by those agencies in the manner provided in this
subsection.
(b) May only be expended to cover the costs of chemical analyses
conducted by, equipment used by, or training for employees of an
analytical laboratory that is approved by the Committee on Testing for
Intoxication created in NRS 484.388 .
(Added to NRS by 1991, 271; A 1993, 2463; 1995, 2475; 2003, 1494
; 2005, 148 )
1. Any person who drives or is in actual physical control of a
vehicle on a highway or on premises to which the public has access shall
be deemed to have given his consent to a preliminary test of his breath
to determine the concentration of alcohol in his breath when the test is
administered at the direction of a police officer at the scene of a
vehicle accident or collision or where he stops a vehicle, if the officer
has reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 484.379 , 484.3795
or 484.37955 .
2. If the person fails to submit to the test, the officer shall
seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient
place for the administration of a reasonably available evidentiary test
under NRS 484.383 .
3. The result of the preliminary test must not be used in any
criminal action, except to show there were reasonable grounds to make an
arrest.
(Added to NRS by 1983, 1066; A 1993, 2072; 1995, 1883; 1999, 2453
, 3424 ; 2001, 172 ; 2005, 148 )
1. Except as otherwise provided in subsections 3 and 4, any person
who drives or is in actual physical control of a vehicle on a highway or
on premises to which the public has access shall be deemed to have given
his consent to an evidentiary test of his blood, urine, breath or other
bodily substance to determine the concentration of alcohol in of his
blood or breath or to determine whether a controlled substance, chemical,
poison, organic solvent or another prohibited substance is present, if
such a test is administered at the direction of a police officer having
reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 484.379 , 484.3795
or 484.37955 .
2. If the person to be tested pursuant to subsection 1 is dead or
unconscious, the officer shall direct that samples of blood from the
person be tested.
3. Any person who is afflicted with hemophilia or with a heart
condition requiring the use of an anticoagulant as determined by a
physician is exempt from any blood test which may be required pursuant to
this section but must, when appropriate pursuant to the provisions of
this section, be required to submit to a breath or urine test.
4. If the concentration of alcohol in the blood or breath of the
person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may
refuse to submit to a blood test if means are reasonably available to
perform a breath test.
(b) The person may request a blood test, but if means are
reasonably available to perform a breath test when the blood test is
requested, and the person is subsequently convicted, he must pay for the
cost of the blood test, including the fees and expenses of witnesses in
court.
(c) A police officer may direct the person to submit to a blood
test if the officer has reasonable grounds to believe that the person:
(1) Caused death or substantial bodily harm to another
person as a result of driving or being in actual physical control of a
vehicle while under the influence of intoxicating liquor or a controlled
substance or as a result of engaging in any other conduct prohibited by
NRS 484.379 , 484.3795 or 484.37955 ; or
(2) Has been convicted within the previous 7 years of:
(I) A violation of NRS 484.379 , 484.3795 ,
484.37955 , subsection 2 of NRS
488.400 , NRS 488.410 , 488.420 or
488.425 or a law of another
jurisdiction that prohibits the same or similar conduct; or
(II) Any other offense in this State or another
jurisdiction in which death or substantial bodily harm to another person
resulted from conduct prohibited by a law set forth in sub-subparagraph
(I).
5. If the presence of a controlled substance, chemical, poison,
organic solvent or another prohibited substance in the blood or urine of
the person is in issue, the officer may direct him to submit to a blood
or urine test, or both, in addition to the breath test.
6. Except as otherwise provided in subsections 3 and 5, a police
officer shall not direct a person to submit to a urine test.
7. If a person to be tested fails to submit to a required test as
directed by a police officer pursuant to this section and the officer has
reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 484.379 , 484.3795
or 484.37955 ,
Ê the officer may direct that reasonable force be used to the extent
necessary to obtain samples of blood from the person to be tested. Not
more than three such samples may be taken during the 5-hour period
immediately following the time of the initial arrest. In such a
circumstance, the officer is not required to provide the person with a
choice of tests for determining the concentration of alcohol or presence
of a controlled substance or another prohibited substance in his blood.
8. If a person who is less than 18 years of age is directed to
submit to an evidentiary test pursuant to this section, the officer
shall, before testing the person, make a reasonable attempt to notify the
parent, guardian or custodian of the person, if known.
(Added to NRS by 1969, 593; A 1973, 1502; 1975, 73; 1979, 1164;
1981, 1361; 1983, 18, 1074; 1985, 785; 1987, 1237; 1989, 2048; 1993, 117,
2073; 1995, 1883; 1997, 325, 3047; 1999, 633 , 2453 , 3434 ; 2001, 172 ; 2005, 149 )
08 or more
in blood or breath; revocation of license, permit or privilege; periods
of ineligibility to run consecutively. [Effective until the date of the
repeal of the federal law requiring each state to make it unlawful for a
person to operate a motor vehicle with a blood alcohol concentration of
0.08 percent or greater as a condition to receiving federal funding for
the construction of highways in this State.]
1. If the result of a test given under NRS 484.382 or 484.383
shows that a person had a concentration of alcohol of 0.08 or more in his
blood or breath at the time of the test, his license, permit or privilege
to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit
or privilege for a period of 90 days.
2. If a revocation of a person’s license, permit or privilege to
drive under NRS 62E.640 or 483.460
follows a revocation under subsection 1
which was based on his having a concentration of alcohol of 0.08 or more
in his blood or breath, the Department shall cancel the revocation under
that subsection and give the person credit for any period during which he
was not eligible for a license, permit or privilege.
3. Periods of ineligibility for a license, permit or privilege to
drive which are imposed pursuant to this section must run consecutively.
(Added to NRS by 1983, 1066; A 1995, 1884, 1919; 1999, 2455 ; 2003, 1158 , 2561 )
10 or more
in blood or breath; revocation of license, permit or privilege; periods
of ineligibility to run consecutively. [Effective on the date of the
repeal of the federal law requiring each state to make it unlawful for a
person to operate a motor vehicle with a blood alcohol concentration of
0.08 percent or greater as a condition to receiving federal funding for
the construction of highways in this State.]
1. If the result of a test given under NRS 484.382 or 484.383
shows that a person had a concentration of alcohol of 0.10 or more in his
blood or breath at the time of the test, his license, permit or privilege
to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit
or privilege for a period of 90 days.
2. If a revocation of a person’s license, permit or privilege to
drive under NRS 62E.640 or 483.460
follows a revocation under subsection 1
which was based on his having a concentration of alcohol of 0.10 or more
in his blood or breath, the Department shall cancel the revocation under
that subsection and give the person credit for any period during which he
was not eligible for a license, permit or privilege.
3. Periods of ineligibility for a license, permit or privilege to
drive which are imposed pursuant to this section must run consecutively.
(Added to NRS by 1983, 1066; A 1995, 1884, 1919; 1999, 2455 ; 2003, 1158 , 2561 , effective on the date of the repeal of
the federal law requiring each state to make it unlawful for a person to
operate a motor vehicle with a blood alcohol concentration of 0.08
percent or greater as a condition to receiving federal funding for the
construction of highways in this State)
[Effective until the date of the repeal of the federal law
requiring each state to make it unlawful for a person to operate a motor
vehicle with a blood alcohol concentration of 0.08 percent or greater as
a condition to receiving federal funding for the construction of highways
in this State.]
1. As agent for the Department, the officer who obtained the
result of a test given pursuant to NRS 484.382 or 484.383
shall immediately serve an order of revocation of the license, permit or
privilege to drive on a person who has a concentration of alcohol of 0.08
or more in his blood or breath or has a detectable amount of a prohibited
substance in his blood or urine, if that person is present, and shall
seize his license or permit to drive. The officer shall then advise him
of his right to administrative and judicial review of the revocation and
to have a temporary license, and shall issue him a temporary license on a
form approved by the Department if he requests one, which is effective
for only 7 days including the date of issuance. The officer shall
immediately transmit the person’s license or permit to the Department
along with the written certificate required by subsection 2.
2. When a police officer has served an order of revocation of a
driver’s license, permit or privilege on a person pursuant to subsection
1, or later receives the result of an evidentiary test which indicates
that a person, not then present, had a concentration of alcohol of 0.08
or more in his blood or breath or had a detectable amount of a prohibited
substance in his blood or urine, the officer shall immediately prepare
and transmit to the Department, together with the seized license or
permit and a copy of the result of the test, a written certificate that
he had reasonable grounds to believe that the person had been driving or
in actual physical control of a vehicle with a concentration of alcohol
of 0.08 or more in his blood or breath or with a detectable amount of a
prohibited substance in his blood or urine, as determined by a chemical
test. The certificate must also indicate whether the officer served an
order of revocation on the person and whether he issued the person a
temporary license.
3. The Department, upon receipt of such a certificate for which an
order of revocation has not been served, after examining the certificate
and copy of the result of the chemical test, if any, and finding that
revocation is proper, shall issue an order revoking the person’s license,
permit or privilege to drive by mailing the order to the person at his
last known address. The order must indicate the grounds for the
revocation and the period during which the person is not eligible for a
license, permit or privilege to drive and state that the person has a
right to administrative and judicial review of the revocation and to have
a temporary license. The order of revocation becomes effective 5 days
after mailing.
4. Notice of an order of revocation and notice of the affirmation
of a prior order of revocation or the cancellation of a temporary license
provided in NRS 484.387 is sufficient
if it is mailed to the person’s last known address as shown by any
application for a license. The date of mailing may be proved by the
certificate of any officer or employee of the Department, specifying the
time of mailing the notice. The notice is presumed to have been received
upon the expiration of 5 days after it is deposited, postage prepaid, in
the United States mail.
(Added to NRS by 1969, 593; A 1973, 484, 1503; 1981, 1927; 1983,
1075; 1985, 1948; 1991, 1588; 1995, 1885; 1999, 2455 , 3425 ; 2001, 172 ; 2003, 2562 )
[Effective on the date of the repeal of the federal law requiring
each state to make it unlawful for a person to operate a motor vehicle
with a blood alcohol concentration of 0.08 percent or greater as a
condition to receiving federal funding for the construction of highways
in this State.]
1. As agent for the Department, the officer who obtained the
result of a test given pursuant to NRS 484.382 or 484.383
shall immediately serve an order of revocation of the license, permit or
privilege to drive on a person who has a concentration of alcohol of 0.10
or more in his blood or breath or has a detectable amount of a prohibited
substance in his blood or urine, if that person is present, and shall
seize his license or permit to drive. The officer shall then advise him
of his right to administrative and judicial review of the revocation and
to have a temporary license, and shall issue him a temporary license on a
form approved by the Department if he requests one, which is effective
for only 7 days including the date of issuance. The officer shall
immediately transmit the person’s license or permit to the Department
along with the written certificate required by subsection 2.
2. When a police officer has served an order of revocation of a
driver’s license, permit or privilege on a person pursuant to subsection
1, or later receives the result of an evidentiary test which indicates
that a person, not then present, had a concentration of alcohol of 0.10
or more in his blood or breath or had a detectable amount of a prohibited
substance in his blood or urine, the officer shall immediately prepare
and transmit to the Department, together with the seized license or
permit and a copy of the result of the test, a written certificate that
he had reasonable grounds to believe that the person had been driving or
in actual physical control of a vehicle with a concentration of alcohol
of 0.10 or more in his blood or breath or with a detectable amount of a
prohibited substance in his blood or urine, as determined by a chemical
test. The certificate must also indicate whether the officer served an
order of revocation on the person and whether he issued the person a
temporary license.
3. The Department, upon receipt of such a certificate for which an
order of revocation has not been served, after examining the certificate
and copy of the result of the chemical test, if any, and finding that
revocation is proper, shall issue an order revoking the person’s license,
permit or privilege to drive by mailing the order to the person at his
last known address. The order must indicate the grounds for the
revocation and the period during which the person is not eligible for a
license, permit or privilege to drive and state that the person has a
right to administrative and judicial review of the revocation and to have
a temporary license. The order of revocation becomes effective 5 days
after mailing.
4. Notice of an order of revocation and notice of the affirmation
of a prior order of revocation or the cancellation of a temporary license
provided in NRS 484.387 is sufficient
if it is mailed to the person’s last known address as shown by any
application for a license. The date of mailing may be proved by the
certificate of any officer or employee of the Department, specifying the
time of mailing the notice. The notice is presumed to have been received
upon the expiration of 5 days after it is deposited, postage prepaid, in
the United States mail.
(Added to NRS by 1969, 593; A 1973, 484, 1503; 1981, 1927; 1983,
1075; 1985, 1948; 1991, 1588; 1995, 1885; 1999, 2455 , 3425 ; 2001, 172 ; 2003, 2562 , effective on the date of the repeal of
the federal law requiring each state to make it unlawful for a person to
operate a motor vehicle with a blood alcohol concentration of 0.08
percent or greater as a condition to receiving federal funding for the
construction of highways in this State)
1. Except as otherwise provided in subsection 2, an evidentiary
test of breath to determine the concentration of alcohol in a person’s
breath may be used to establish that concentration only if two
consecutive samples of the person’s breath are taken and:
(a) The difference between the concentration of alcohol in the
person’s breath indicated by the two samples is less than or equal to
0.02;
(b) If the provisions of paragraph (a) do not apply, a third
evidentiary test of breath is administered and the difference between the
concentration of alcohol in the person’s breath indicated by the third
sample and one of the first two samples is less than or equal to 0.02; or
(c) If the provisions of paragraphs (a) and (b) do not apply, a
fourth evidentiary test is administered. Except as otherwise provided in
NRS 484.383 , the fourth evidentiary
test must be a blood test.
2. If the person fails to provide the second or third consecutive
sample, or to submit to the fourth evidentiary test, the results of the
first test may be used alone as evidence of the concentration of alcohol
in the person’s breath. If for some other reason a second, third or
fourth sample is not obtained, the results of the first test may be used
with all other evidence presented to establish the concentration.
3. If a person refuses or otherwise fails to provide a second or
third consecutive sample or submit to a fourth evidentiary test, a police
officer may direct that reasonable force be used to obtain a sample or
conduct a test pursuant to NRS 484.383 .
(Added to NRS by 1985, 1226; A 1991, 957; 1993, 2074; 1995, 1886;
1999, 2457 )
[Effective until the
date of the repeal of the federal law requiring each state to make it
unlawful for a person to operate a motor vehicle with a blood alcohol
concentration of 0.08 percent or greater as a condition to receiving
federal funding for the construction of highways in this State.]
1. At any time while a person is not eligible for a license,
permit or privilege to drive following an order of revocation issued
pursuant to NRS 484.385 , he may request
in writing a hearing by the Department to review the order of revocation,
but he is only entitled to one hearing. The hearing must be conducted
within 15 days after receipt of the request, or as soon thereafter as is
practicable, in the county where the requester resides unless the parties
agree otherwise. The Director or his agent may issue subpoenas for the
attendance of witnesses and the production of relevant books and papers
and may require a reexamination of the requester. The Department shall
issue an additional temporary license for a period which is sufficient to
complete the administrative review.
2. The scope of the hearing must be limited to the issue of
whether the person, at the time of the test, had a concentration of
alcohol of 0.08 or more in his blood or breath or a detectable amount of
a prohibited substance in his blood or urine. Upon an affirmative finding
on this issue, the Department shall affirm the order of revocation.
Otherwise, the order of revocation must be rescinded.
3. If, after the hearing, the order of revocation is affirmed, the
person whose license, privilege or permit has been revoked is entitled to
a review of the same issues in district court in the same manner as
provided by chapter 233B of NRS. The court
shall notify the Department upon the issuance of a stay, and the
Department shall issue an additional temporary license for a period which
is sufficient to complete the review.
4. If a hearing officer grants a continuance of a hearing at the
request of the person whose license was revoked, or a court does so after
issuing a stay of the revocation, the officer or court shall notify the
Department, and the Department shall cancel the temporary license and
notify the holder by mailing the order of cancellation to his last known
address.
(Added to NRS by 1969, 594; A 1971, 83; 1973, 485, 1504; 1975,
1463; 1981, 85; 1983, 1077; 1985, 1949; 1987, 1456; 1989, 1655; 1991,
1590; 1995, 1887; 1999, 2457 , 3427 ; 2001, 172 ; 2003, 2562 )
[Effective on the
date of the repeal of the federal law requiring each state to make it
unlawful for a person to operate a motor vehicle with a blood alcohol
concentration of 0.08 percent or greater as a condition to receiving
federal funding for the construction of highways in this State.]
1. At any time while a person is not eligible for a license,
permit or privilege to drive following an order of revocation issued
pursuant to NRS 484.385 , he may request
in writing a hearing by the Department to review the order of revocation,
but he is only entitled to one hearing. The hearing must be conducted
within 15 days after receipt of the request, or as soon thereafter as is
practicable, in the county where the requester resides unless the parties
agree otherwise. The Director or his agent may issue subpoenas for the
attendance of witnesses and the production of relevant books and papers
and may require a reexamination of the requester. The Department shall
issue an additional temporary license for a period which is sufficient to
complete the administrative review.
2. The scope of the hearing must be limited to the issue of
whether the person, at the time of the test, had a concentration of
alcohol of 0.10 or more in his blood or breath or a detectable amount of
a prohibited substance in his blood or urine. Upon an affirmative finding
on this issue, the Department shall affirm the order of revocation.
Otherwise, the order of revocation must be rescinded.
3. If, after the hearing, the order of revocation is affirmed, the
person whose license, privilege or permit has been revoked is entitled to
a review of the same issues in district court in the same manner as
provided by chapter 233B of NRS. The court
shall notify the Department upon the issuance of a stay, and the
Department shall issue an additional temporary license for a period which
is sufficient to complete the review.
4. If a hearing officer grants a continuance of a hearing at the
request of the person whose license was revoked, or a court does so after
issuing a stay of the revocation, the officer or court shall notify the
Department, and the Department shall cancel the temporary license and
notify the holder by mailing the order of cancellation to his last known
address.
(Added to NRS by 1969, 594; A 1971, 83; 1973, 485, 1504; 1975,
1463; 1981, 85; 1983, 1077; 1985, 1949; 1987, 1456; 1989, 1655; 1991,
1590; 1995, 1887; 1999, 2457 , 3427 ; 2001, 172 ; 2003, 2562 , effective on the date of the repeal of
the federal law requiring each state to make it unlawful for a person to
operate a motor vehicle with a blood alcohol concentration of 0.08
percent or greater as a condition to receiving federal funding for the
construction of highways in this State)
1. There is hereby created the Committee on Testing for
Intoxication, consisting of five members.
2. The Director of the Department of Public Safety or his delegate
is the Chairman of the Committee. The remaining members of the Committee
are appointed by the Director and serve at his pleasure. At least three
of the members appointed by the Director must be technically qualified in
fields related to testing for intoxication. Not more than three members
of the Committee may be from any one county.
3. The Committee shall meet at the call of the Director of the
Department of Public Safety and as frequently as the Committee deems
necessary. Three members of the Committee constitute a quorum. If a
member is unable to attend a meeting, he may be represented by an
alternate approved by the Director.
4. Any person who is aggrieved by a decision of the Committee may
appeal in writing to a hearing officer of the Department of Public Safety.
(Added to NRS by 1983, 1911; A 1985, 432, 1950; 2005, 58 )
1. The Committee on Testing for Intoxication shall:
(a) In the manner set forth in subsection 2, certify a device that
the Committee determines is designed and manufactured to be accurate and
reliable for the purpose of testing a person’s breath to determine the
concentration of alcohol in the person’s breath; and
(b) Create, maintain and make available to the public, free of
charge, a list of those devices certified by the Committee, described by
manufacturer and type.
2. To determine whether a device is designed and manufactured to
be accurate and reliable for the purpose of testing a person’s breath to
determine the concentration of alcohol in the person’s breath, the
Committee may:
(a) Use the list of qualified products meeting the requirements for
evidential breath-testing devices of the National Highway Traffic Safety
Administration; or
(b) Establish its own standards and procedures for evaluating those
devices and obtain evaluations of the devices from the Director of the
Department of Public Safety or his agent.
3. If such a device has been certified by the Committee to be
accurate and reliable pursuant to this section, it is presumed that, as
designed and manufactured, the device is accurate and reliable for the
purpose of testing a person’s breath to determine the concentration of
alcohol in the person’s breath.
4. This section does not preclude the admission of evidence of the
concentration of alcohol in a person’s breath where the information is
obtained through the use of a device other than one of a type certified
by the Committee.
(Added to NRS by 1983, 1912; A 1985, 1950; 1993, 2074; 1999, 1033
, 2458 ; 2005, 58 )
1. The Committee on Testing for Intoxication shall adopt
regulations which:
(a) Prescribe standards and procedures for calibrating devices used
for testing a person’s breath to determine the concentration of alcohol
in the person’s breath. The regulations must specify the period within
which a law enforcement agency that uses such a device must calibrate it
or have it calibrated by the Director of the Department of Public Safety
or his agent.
(b) Establish methods for ascertaining the competence of persons to
calibrate such devices and provide for the examination and certification
of those persons by the Department of Public Safety. A certificate issued
by the Department may not be made effective for longer than 3 years.
(c) Prescribe the form and contents of records respecting the
calibration of such devices which must be kept by a law enforcement
agency and any other records respecting the maintenance or operation of
those devices which it finds should be kept by such an agency.
2. The Director of the Department of Public Safety shall issue a
certificate to any person who is found competent to calibrate such a
device or examine others on their competence in that calibration.
(Added to NRS by 1983, 1912; A 1985, 1950; 1993, 2075; 1999, 2458
; 2005, 59 )
1. The Committee on Testing for Intoxication shall adopt
regulations which:
(a) Establish methods for ascertaining the competence of persons to:
(1) Operate devices for testing a person’s breath to
determine the concentration of alcohol in the person’s breath.
(2) Examine prospective operators and determine their
competence.
(b) Provide for certification of operators and examiners by the
Department of Public Safety. A certificate issued by the Department may
not be made effective for longer than 3 years.
Ê A person who is certified as an examiner is presumed to be certified as
an operator.
2. The Director of the Department of Public Safety shall issue a
certificate to any person who is found competent to operate such a device
or examine others on their competence in that operation.
3. A court shall take judicial notice of the certification of a
person to operate devices of one of the certified types. If a test to
determine the concentration of alcohol in a person’s breath has been
performed with a certified type of device by a person who is certified
pursuant to this section, it is presumed that the person operated the
device properly.
4. This section does not preclude the admission of evidence of a
test of a person’s breath where the test has been performed by a person
other than one who is certified pursuant to this section.
(Added to NRS by 1983, 1913; A 1985, 1951; 1993, 2075; 1999, 2459
; 2005, 59 )
1. The Committee on Testing for Intoxication may adopt regulations
that require:
(a) The calibration of devices which are used to test a person’s
blood or urine to determine the concentration of alcohol or the presence
of a controlled substance or another prohibited substance in the person’s
blood or urine;
(b) The certification of persons who make those calibrations;
(c) The certification of persons who operate devices for testing a
person’s blood or urine to determine the concentration of alcohol or
presence of a controlled substance or another prohibited substance in the
person’s blood or urine; and
(d) The certification of persons who examine those operators.
2. The Committee may adopt regulations that prescribe the
essential procedures for the proper operation of the various types of
devices used to test a person’s blood or urine to determine the
concentration of alcohol or the presence of a controlled substance or
another prohibited substance in the person’s blood or urine.
(Added to NRS by 1993, 2072; A 1999, 2459 , 3428 ; 2001, 172 )
1. If a person refuses to submit to a required chemical test
provided for in NRS 484.382 or 484.383
, evidence of that refusal is admissible
in any criminal or administrative action arising out of acts alleged to
have been committed while the person was:
(a) Driving or in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 484.379 , 484.3795
or 484.37955 .
2. Except as otherwise provided in subsection 3 of NRS 484.382
, a court or hearing officer may not
exclude evidence of a required test or failure to submit to such a test
if the police officer or other person substantially complied with the
provisions of NRS 484.382 to 484.393
, inclusive.
3. If a person submits to a chemical test provided for in NRS
484.382 or 484.383 , full information concerning that test must be
made available, upon his request, to him or his attorney.
4. Evidence of a required test is not admissible in a criminal or
administrative proceeding unless it is shown by documentary or other
evidence that the law enforcement agency calibrated the breath-testing
device and otherwise maintained it as required by the regulations of the
Committee on Testing for Intoxication.
(Added to NRS by 1969, 594; A 1973, 1504; 1983, 1078, 1914; 1993,
2076; 1995, 1888; 1999, 3428 ; 2005, 150 )
1. A person who is arrested for driving or being in actual
physical control of a vehicle while under the influence of intoxicating
liquor or a controlled substance or for engaging in any other conduct
prohibited by NRS 484.379 , 484.3795
or 484.37955 must be permitted, upon his request and at
his expense, reasonable opportunity to have a qualified person of his own
choosing administer a chemical test or tests to determine:
(a) The concentration of alcohol in his blood or breath; or
(b) Whether a controlled substance, chemical, poison, organic
solvent or another prohibited substance is present in his blood or urine.
2. The failure or inability to obtain such a test or tests by such
a person does not preclude the admission of evidence relating to the
refusal to submit to a test or relating to a test taken upon the request
of a police officer.
3. A test obtained under the provisions of this section may not be
substituted for or stand in lieu of the test required by NRS 484.383
.
(Added to NRS by 1969, 594; A 1973, 1504; 1999, 2459 , 3428 ; 2001, 172 ; 2005, 151 )
1. The results of any blood test administered under the provisions
of NRS 484.383 or 484.391 are not admissible in any hearing or criminal
action arising out of acts alleged to have been committed by a person who
was driving or in actual physical control of a vehicle while under the
influence of intoxicating liquor or a controlled substance or who was
engaging in any other conduct prohibited by NRS 484.379 , 484.3795
or 484.37955 unless:
(a) The blood tested was withdrawn by a person, other than an
arresting officer, who:
(1) Is a physician, physician assistant, registered nurse,
licensed practical nurse, emergency medical technician or a phlebotomist,
technician, technologist or assistant employed in a medical laboratory; or
(2) Has special knowledge, skill, experience, training and
education in withdrawing blood in a medically acceptable manner,
including, without limitation, a person qualified as an expert on that
subject in a court of competent jurisdiction or a person who has
completed a course of instruction described in subsection 2 of NRS
652.127 ; and
(b) The test was performed on whole blood, except if the sample was
clotted when it was received by the laboratory, the test may be performed
on blood serum or plasma.
2. The limitation contained in paragraph (a) of subsection 1 does
not apply to the taking of a chemical test of the urine, breath or other
bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any
civil or criminal liability as a result of the administering of a blood
test when requested by a police officer or the person to be tested to
administer the test.
(Added to NRS by 1969, 595; A 1973, 1505; 1981, 1362; 1983, 1078,
1914; 1987, 1154; 1999, 3429 ; 2001, 791 ; 2005, 151 , 2041 )
If:
1. A manufacturer or technician in a laboratory prepares a
chemical solution or gas to be used in calibrating a device for testing a
person’s breath to determine the concentration of alcohol in his breath;
and
2. The technician makes an affidavit or declaration that the
solution or gas has the chemical composition that is necessary for
calibrating the device,
Ê it is presumed that the solution or gas has been properly prepared and
is suitable for calibrating the device.
(Added to NRS by 1983, 1913; A 1987, 686; 1993, 2076; 1999, 2460
)
1. Any coroner, or other public official performing like duties,
shall in all cases in which a death has occurred as a result of an
accident involving a motor vehicle, whether the person killed is a
driver, passenger or pedestrian, cause to be drawn from each decedent,
within 8 hours of the accident, a blood sample to be analyzed for the
presence and concentration of alcohol.
2. The findings of the examinations are a matter of public record
and must be reported to the Department by the coroner or other public
official within 30 days after the death.
3. Blood-alcohol analyses are acceptable only if made by
laboratories licensed to perform this function.
(Added to NRS by 1973, 893; A 1985, 1952; 1999, 2460 )
As used in NRS 484.3941 to 484.3947 , inclusive, unless the context otherwise
requires, “device” means a mechanism that:
1. Tests a person’s breath to determine the concentration of
alcohol in his breath; and
2. If the results of the test indicate that the person has a
concentration of alcohol of 0.02 or more in his breath, prevents the
motor vehicle in which it is installed from starting.
(Added to NRS by 1989, 1737; A 1993, 2076; 1997, 3370; 1999, 2460
)
1. Except as otherwise provided in subsections 2 and 5, a court:
(a) May order a person convicted of a violation of NRS 484.379
that is punishable pursuant to
paragraph (a) or (b) of subsection 1 of NRS 484.3792 , if the person is found to have had a
concentration of alcohol of less than 0.18 in his blood or breath, for a
period of not less than 3 months nor more than 6 months, to install at
his own expense a device in any motor vehicle which he owns or operates
as a condition to obtaining a restricted license pursuant to NRS 483.490
or as a condition of reinstatement of
his driving privilege.
(b) Shall order a person convicted of:
(1) A violation of NRS 484.379 that is punishable pursuant to paragraph (a)
or (b) of subsection 1 of NRS 484.3792 , if the person is found to have had a
concentration of alcohol of 0.18 or more in his blood or breath;
(2) A violation of NRS 484.379 that is punishable as a felony pursuant to NRS
484.3792 ; or
(3) A violation of NRS 484.3795 or 484.37955 ,
Ê for a period of not less than 12 months nor more than 36 months, to
install at his own expense a device in any motor vehicle which he owns or
operates as a condition to obtaining a restricted license pursuant to NRS
483.490 or as a condition of
reinstatement of his driving privilege.
2. A court may provide for an exception to the provisions of
subparagraph (1) of paragraph (b) of subsection 1 for a person who is
convicted of a violation of NRS 484.379
that is punishable pursuant to paragraph (a) of subsection 1 of NRS
484.3792 , to avoid undue hardship to
the person if the court determines that:
(a) Requiring the person to install a device in a motor vehicle
which the person owns or operates would cause the person to experience an
economic hardship; and
(b) The person requires the use of the motor vehicle to:
(1) Travel to and from work or in the course and scope of
his employment;
(2) Obtain medicine, food or other necessities or to obtain
health care services for himself or another member of his immediate
family; or
(3) Transport himself or another member of his immediate
family to or from school.
3. If the court orders a person to install a device pursuant to
subsection 1:
(a) The court shall immediately prepare and transmit a copy of its
order to the Director. The order must include a statement that a device
is required and the specific period for which it is required. The
Director shall cause this information to be incorporated into the records
of the Department and noted as a restriction on the person’s driver’s
license.
(b) The person who is required to install the device shall provide
proof of compliance to the Department before he may receive a restricted
license or before his driving privilege may be reinstated, as applicable.
Each model of a device installed pursuant to this section must have been
certified by the Committee on Testing for Intoxication.
4. A person whose driving privilege is restricted pursuant to this
section shall:
(a) If he was ordered to install a device pursuant to paragraph (a)
of subsection 1, have the device inspected by the manufacturer of the
device or its agent at least one time during the period in which he is
required to use the device; or
(b) If he was ordered to install a device pursuant to paragraph (b)
of subsection 1, have the device inspected by the manufacturer of the
device or its agent at least one time each 90 days,
Ê to determine whether the device is operating properly. An inspection
required pursuant to this subsection must be conducted in accordance with
regulations adopted pursuant to NRS 484.3888 . The manufacturer or its agent shall submit a
report to the Director indicating whether the device is operating
properly and whether it has been tampered with. If the device has been
tampered with, the Director shall notify the court that ordered the
installation of the device.
5. If a person is required to operate a motor vehicle in the
course and scope of his employment and the motor vehicle is owned by his
employer, the person may operate that vehicle without the installation of
a device, if:
(a) The employee notifies his employer that the employee’s driving
privilege has been so restricted; and
(b) The employee has proof of that notification in his possession
or the notice, or a facsimile copy thereof, is with the motor vehicle.
Ê This exemption does not apply to a motor vehicle owned by a business
which is all or partly owned or controlled by the person otherwise
subject to this section.
6. The running of the period during which a person is required to
have a device installed pursuant to this section commences when the
Department issues a restricted license to him or reinstates his driving
privilege and is tolled whenever and for as long as the person is, with
regard to a violation of NRS 484.379 ,
484.3795 or 484.37955 , imprisoned, serving a term of residential
confinement, confined in a treatment facility, on parole or on probation.
7. As used in this section:
(a) “Concentration of alcohol of 0.18 or more in his blood or
breath” means 0.18 gram or more of alcohol per 100 milliliters of the
blood of a person or per 210 liters of his breath.
(b) “Concentration of alcohol of less than 0.18 in his blood or
breath” means less than 0.18 gram of alcohol per 100 milliliters of the
blood of a person or per 210 liters of his breath.
(c) “Treatment facility” has the meaning ascribed to it in NRS
484.3793 .
(Added to NRS by 1989, 1737; A 1993, 2895; 1997, 3370; 1999, 2140
; 2005, 151 , 613 , 2042 ; 2005, 22nd Special Session, 105 )
1. A person required to install a device pursuant to NRS 484.3943
shall not operate a motor vehicle
without a device or tamper with the device.
2. A person who violates any provision of subsection 1:
(a) Must have his driving privilege revoked in the manner set forth
in subsection 4 of NRS 483.460 ; and
(b) Shall be:
(1) Punished by imprisonment in jail for not less than 30
days nor more than 6 months; or
(2) Sentenced to a term of not less than 60 days in
residential confinement nor more than 6 months, and by a fine of not less
than $500 nor more than $1,000.
Ê No person who is punished pursuant to this section may be granted
probation, and no sentence imposed for such a violation may be suspended.
No prosecutor may dismiss a charge of such a violation in exchange for a
plea of guilty or of nolo contendere to a lesser charge or for any other
reason unless, in his judgment, the charge is not supported by probable
cause or cannot be proved at trial.
(Added to NRS by 1989, 1738; A 1997, 3371; 2003, 1495 )
1. The Committee on Testing for Intoxication shall on or before
January 1, 1990, adopt regulations which:
(a) Provide for the certification of each model of those devices,
described by manufacturer and model, which it approves as designed and
manufactured to be accurate and reliable to test a person’s breath to
determine the concentration of alcohol in the person’s breath and, if the
results of the test indicate that the person has a concentration of
alcohol of 0.02 or more in his breath, prevent the motor vehicle in which
it is installed from starting.
(b) Prescribe the form and content of records respecting the
calibration of devices, which must be kept by the Director or his agent,
and other records respecting the maintenance and operation of the devices
which it finds should be kept by the Director or his agent.
2. The Committee shall establish its own standards and procedures
for evaluating the models of the devices and obtain evaluations of those
models from the Director or his agent.
3. If a model of a device has been certified by the Committee to
be accurate and reliable pursuant to subsection 1, it is presumed that,
as designed and manufactured, each device of that model is accurate and
reliable to test a person’s breath to determine the concentration of
alcohol in the person’s breath and, if the results of the test indicate
that the person has a concentration of alcohol of 0.02 or more in his
breath, will prevent the motor vehicle in which it is installed from
starting.
(Added to NRS by 1989, 1738; A 1997, 3372; 1999, 2460 )
Stopping, Standing and Parking
1. Upon any highway outside of a business or residence district no
person shall stop, park or leave standing any vehicle, whether attended
or unattended, upon the paved or main-traveled part of the highway when
it is practicable to stop, park or so leave such vehicle off such part of
the highway, but in every event an unobstructed width of the highway
opposite a standing vehicle shall be left for the free passage of other
vehicles and a clear view of such stopped vehicles shall be available
from a distance of 200 feet in each direction upon such highway.
2. This section shall not apply to the driver of any vehicle which
is disabled while on the paved or main-traveled portion of a highway in
such manner and to such extent that it is impossible to avoid stopping
and temporarily leaving such disabled vehicle in such position.
(Added to NRS by 1969, 1502)
1. Whenever any police officer finds a vehicle standing upon a
highway in violation of any of the provisions of this chapter, the
officer may move the vehicle, or require the driver or person in charge
of the vehicle to move it, to a position off the paved, improved or
main-traveled part of the highway.
2. Whenever any police officer finds a vehicle unattended or
disabled upon any highway, bridge or causeway, or in any tunnel, where
the vehicle constitutes an obstruction to traffic or interferes with the
normal flow of traffic, the officer may provide for the immediate removal
of the vehicle.
3. Any police officer may, subject to the requirements of
subsection 4, remove any vehicle or part of a vehicle found on the
highway, or cause it to be removed, to a garage or other place of
safekeeping if:
(a) The vehicle has been involved in an accident and is so disabled
that its normal operation is impossible or impractical and the person or
persons in charge of the vehicle are incapacitated by reason of physical
injury or other reason to such an extent as to be unable to provide for
its removal or custody, or are not in the immediate vicinity of the
disabled vehicle;
(b) The person driving or in actual physical control of the vehicle
is arrested for any alleged offense for which the officer is required by
law to take the person arrested before a proper magistrate without
unnecessary delay; or
(c) The person in charge of the vehicle is unable to provide for
its custody or removal within:
(1) Twenty-four hours after abandoning the vehicle on any
freeway, United States highway or other primary arterial highway.
(2) Seventy-two hours after abandoning the vehicle on any
other highway.
4. Unless a different course of action is necessary to preserve
evidence of a criminal offense, a police officer who wishes to have a
vehicle or part of a vehicle removed from a highway pursuant to
subsection 3 shall, in accordance with any applicable protocol such as a
rotational schedule regarding the selection and use of towing services,
cause the vehicle or part of a vehicle to be removed by a tow car
operator. The tow car operator shall, to the extent practicable and using
the shortest and most direct route, remove the vehicle or part of a
vehicle to his garage unless directed otherwise by the police officer.
The tow car operator is liable for any loss of or damage to the vehicle
or its contents that occurs while the vehicle is in his possession or
control.
(Added to NRS by 1969, 1503; A 1975, 775; 1983, 849; 1997, 2798;
2003, 1962 )
Whenever any police officer provides for the
removal of any vehicle pursuant to NRS 484.397 and has probable cause to believe that the
vehicle or its contents constitute any evidence which tends to show that
a criminal offense has been committed, or tends to show that a particular
person has committed a criminal offense, the police officer shall take
such steps as may be required by law and reasonably necessary to preserve
the evidence, including but not limited to safe storage, until the
evidence is released to the owner or otherwise disposed of according to
law.
(Added to NRS by 1975, 776)
1. A person shall not stop, stand or park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance with law
or the directions of a police officer or official traffic-control device,
in any of the following places:
(a) On a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within 15 feet of a fire hydrant in a place where parallel
parking is permitted, or within 20 feet of a fire hydrant if angle
parking is permitted and a local ordinance requires the greater distance;
(e) On a crosswalk;
(f) Within 20 feet of a crosswalk at an intersection;
(g) Within 30 feet upon the approach to any official
traffic-control signal located at the side of a highway;
(h) Between a safety zone and the adjacent curb or within 30 feet
of points on the curb immediately opposite the ends of a safety zone;
(i) Within 50 feet of the nearest rail of a railroad;
(j) Within 20 feet of a driveway entrance to any fire station and,
on the side of a highway opposite the entrance to any fire station,
within 75 feet of that entrance;
(k) Alongside or opposite any highway excavation or obstruction
when stopping, standing or parking would obstruct traffic;
(l) On the highway side of any vehicle stopped or parked at the
edge of or curb of a highway;
(m) Upon any bridge or other elevated structure or within a highway
tunnel;
(n) Except as otherwise provided in subsection 2, within 5 feet of
a public or private driveway; and
(o) At any place where official traffic-control devices prohibit
stopping, standing or parking.
2. The provisions of paragraph (n) of subsection 1 do not apply to
a person operating a vehicle of the United States Postal Service if the
vehicle is being operated for the official business of the United States
Postal Service.
3. A person shall not move a vehicle not owned by him into any
prohibited area or away from a curb to a distance which is unlawful.
4. A local authority may place official traffic-control devices
prohibiting or restricting the stopping, standing or parking of vehicles
on any highway where in its opinion stopping, standing or parking is
dangerous to those using the highway or where the vehicles which are
stopping, standing or parking would unduly interfere with the free
movement of traffic. It is unlawful for any person to stop, stand or park
any vehicle in violation of the restrictions stated on those devices.
(Added to NRS by 1969, 1501; A 1979, 35; 1993, 656)
A person shall not park a vehicle at any time on any of
the following parts of highways, sidewalks or sidewalk areas, where
official traffic-control devices are erected giving notice thereof:
1. In front of a theater entrance.
2. In front of the entrance or exit of a hotel.
3. In front of the entrance to any building where any such device
has been erected by a local authority.
(Added to NRS by 1969, 1504)
1. Except as otherwise provided in this section, every vehicle
stopped or parked upon a highway where there are adjacent curbs must be
stopped or parked with the right-hand wheels of the vehicle parallel to
and within 18 inches of the right-hand curb.
2. Local authorities may by ordinance permit parking of vehicles
with the left-hand wheels adjacent to and within 18 inches of the
left-hand curb of a one-way highway.
3. Local authorities may by ordinance permit angle parking on any
highway, except that angle parking must not be permitted on any highway
constructed and maintained by the Department of Transportation under the
authority granted by chapter 408 of NRS
unless the Department has determined that the highway is of sufficient
width to permit angle parking without interfering with the free movement
of traffic.
4. The Department of Transportation with respect to highways under
its jurisdiction may place official traffic-control devices prohibiting
or restricting the stopping, standing or parking of vehicles on any such
highway where, in its opinion, such stopping, standing or parking is
dangerous to those using the highway or where the stopping, standing or
parking of vehicles would unduly interfere with the free movement of
traffic thereon. It is unlawful for any person to stop, stand or park any
vehicle in violation of the restrictions stated on those devices.
(Added to NRS by 1969, 1500; A 1979, 1806)
Upon
those highways which have official traffic-control devices permitting
angle parking, a person shall not stop, stand or park a vehicle other
than at the angle to the curb or edge of the highway indicated by such
devices.
(Added to NRS by 1969, 1500)
1. Except as otherwise provided in subsection 3, an owner or
operator of a motor vehicle displaying a special parking placard, a
special parking sticker, a temporary parking placard, a temporary parking
sticker or a special plate or plates issued pursuant to NRS 482.384
, or a special plate or plates for a
disabled veteran issued pursuant to NRS 482.377 , may park the motor vehicle for not more than
4 hours at any one time in a parking zone restricted as to the length of
time parking is permitted, without penalty, removal or impoundment of the
vehicle if the parking is otherwise consistent with public safety and is
done by a person with a permanent disability, disability of moderate
duration or temporary disability, a disabled veteran, or a person
transporting any such person.
2. An owner or operator of a motor vehicle displaying a special
plate or plates for a disabled veteran issued pursuant to NRS 482.377
may, without displaying a special
license plate, placard or sticker issued pursuant to NRS 482.384 , park in a parking space designated for the
handicapped if:
(a) The parking is done by a disabled veteran; or
(b) A disabled veteran is a passenger in the motor vehicle being
parked.
3. This section does not authorize the parking of a motor vehicle
in any privately or municipally owned facility for parking off the
highway without paying the required fee for the time during which the
vehicle is so parked.
(Added to NRS by 1969, 1501; A 1973, 82; 1975, 821; 1981, 784;
1985, 595; 1993, 1392; 1999, 2572 ; 2001, 1861 ; 2003, 381 ; 2005, 987 )
1. Any parking space designated for the handicapped must be
indicated by a sign:
(a) Bearing the international symbol of access with or without the
words “Parking,” “Handicapped Parking,” “Handicapped Parking Only” or
“Reserved for the Handicapped,” or any other word or combination of words
indicating that the space is designated for the handicapped;
(b) Stating “Minimum fine of $250 for use by others” or equivalent
words; and
(c) The bottom of which must be not less than 4 feet above the
ground.
2. In addition to the requirements of subsection 1, a parking
space designated for the handicapped which:
(a) Is designed for the exclusive use of a vehicle with a
side-loading wheelchair lift; and
(b) Is located in a parking lot with 60 or more parking spaces,
Ê must be indicated by a sign using a combination of words to state that
the space is for the exclusive use of a vehicle with a side-loading
wheelchair lift.
3. If a parking space is designed for the use of a vehicle with a
side-loading wheelchair lift, the space which is immediately adjacent and
intended for use in the loading and unloading of a wheelchair into or out
of such a vehicle must be indicated by a sign:
(a) Stating “No Parking” or similar words which indicate that
parking in such a space is prohibited;
(b) Stating “Minimum fine of $250 for violation” or similar words
indicating that the minimum fine for parking in such a space is $250; and
(c) The bottom of which must not be less than 4 feet above the
ground.
4. An owner of private property upon which is located a parking
space described in subsection 1, 2 or 3 shall erect and maintain or cause
to be erected and maintained any sign required pursuant to subsection 1,
2 or 3, whichever is applicable. If a parking space described in
subsection 1, 2 or 3 is located on public property, the governmental
entity having control over that public property shall erect and maintain
or cause to be erected and maintained any sign required pursuant to
subsection 1, 2 or 3, whichever is applicable.
5. A person shall not park a vehicle in a space designated for the
handicapped by a sign that meets the requirements of subsection 1,
whether on public or privately owned property, unless he is eligible to
do so and the vehicle displays:
(a) A special license plate or plates issued pursuant to NRS
482.384 ;
(b) A special or temporary parking placard issued pursuant to NRS
482.384 ;
(c) A special or temporary parking sticker issued pursuant to NRS
482.384 ;
(d) A special license plate or plates, a special or temporary
parking sticker, or a special or temporary parking placard displaying the
international symbol of access issued by another state or a foreign
country; or
(e) A special license plate or plates for a disabled veteran issued
pursuant to NRS 482.377 .
6. Except as otherwise provided in this subsection, a person shall
not park a vehicle in a space that is reserved for the exclusive use of a
vehicle with a side-loading wheelchair lift and is designated for the
handicapped by a sign that meets the requirements of subsection 2,
whether on public or privately owned property, unless:
(a) He is eligible to do so;
(b) The vehicle displays the special license plate, plates or
placard set forth in subsection 5; and
(c) The vehicle is equipped with a side-loading wheelchair lift.
Ê A person who meets the requirements of paragraphs (a) and (b) may park
a vehicle that is not equipped with a side-loading wheelchair lift in
such a parking space if the space is in a parking lot with fewer than 60
parking spaces.
7. A person shall not park in a space which:
(a) Is immediately adjacent to a space designed for use by a
vehicle with a side-loading wheelchair lift; and
(b) Is designated as a space in which parking is prohibited by a
sign that meets the requirements of subsection 3,
Ê whether on public or privately owned property.
8. A person shall not use a plate, sticker or placard set forth in
subsection 5 to park in a space designated for the handicapped unless he
is a person with a permanent disability, disability of moderate duration
or temporary disability, a disabled veteran, or the driver of a vehicle
in which any such person is a passenger.
9. A person with a permanent disability, disability of moderate
duration or temporary disability to whom a:
(a) Special license plate, or a special or temporary parking
sticker, has been issued pursuant to NRS 482.384 shall not allow any other person to park the
vehicle or motorcycle displaying the special license plate or special or
temporary parking sticker in a space designated for the handicapped
unless the person with the permanent disability, disability of moderate
duration or temporary disability is a passenger in the vehicle or on the
motorcycle, or is being picked up or dropped off by the driver of the
vehicle or motorcycle, at the time that the vehicle or motorcycle is
parked in the space designated for the handicapped.
(b) Special or temporary parking placard has been issued pursuant
to NRS 482.384 shall not allow any
other person to park the vehicle which displays the special or temporary
parking placard in a space designated for the handicapped unless the
person with the permanent disability, disability of moderate duration or
temporary disability is a passenger in the vehicle, or is being picked up
or dropped off by the driver of the vehicle, at the time that it is
parked in the space designated for the handicapped.
10. A person who violates any of the provisions of subsections 5
to 9, inclusive, is guilty of a misdemeanor and shall be punished:
(a) Upon the first offense, by a fine of $250.
(b) Upon the second offense, by a fine of $250 and not less than 8
hours, but not more than 50 hours, of community service.
(c) Upon the third or subsequent offense, by a fine of not less
than $500, but not more than $1,000 and not less than 25 hours, but not
more than 100 hours, of community service.
(Added to NRS by 1981, 985; A 1985, 595, 1566; 1989, 1317; 1991,
1375; 1993, 1393; 1995, 569, 2762; 1999, 54 , 1680 , 2573 ; 2001, 189 , 566 , 1861 ; 2003, 381 ; 2005, 987 , 1370 )
1. A local law enforcement agency may appoint volunteers to issue
citations, prepared manually or electronically, for the violation of the
provisions of NRS 484.408 or ordinances
enacted by a local authority that govern parking for the handicapped.
2. The local law enforcement agency appointing volunteers shall:
(a) Establish minimum qualifications for the volunteers;
(b) Provide training to the volunteers before authorizing them to
issue citations; and
(c) Provide the volunteers with appropriate equipment, including,
but not limited to, uniforms or other identifying attire and traffic
citations issued in books or electronic devices that may be used to issue
citations.
3. A citation issued by a volunteer appointed pursuant to
subsection 1 has the same force and effect as a citation issued by a
peace officer. The volunteer shall file the original or a copy of the
citation in the manner prescribed in NRS 484.813 .
4. For the purposes of this section, a person who volunteers to a
local law enforcement agency to issue citations pursuant to subsection 1
shall be deemed an employee of a political subdivision of this State for
the purposes of NRS 616A.160 if he
has successfully completed the training course for the issuance of such
citations provided by the local law enforcement agency.
5. Local law enforcement agencies are not liable for the negligent
acts or omissions of a person who volunteers to issue citations pursuant
to subsection 1 unless:
(a) The volunteer made a specific promise or representation to a
natural person who relied upon the promise or representation to his
detriment; or
(b) The conduct of the volunteer affirmatively caused the harm.
Ê The provisions of this section are not intended to abrogate the
principle of common law that the duty of governmental entities to provide
services is a duty owed to the public, not to individual persons.
6. An owner of private property on which there are parking spaces
designated for the handicapped, or the owner or operator of a business
establishment located on such property, is not liable for any acts or
omissions resulting from the issuance of a citation by a volunteer
pursuant to this section.
(Added to NRS by 1997, 70; A 1999, 1145 )
1. Except as otherwise provided by law, whenever a vehicle
equipped with all reflectors required by law is lawfully parked at
nighttime upon any highway, no lights need be displayed upon such parked
vehicle.
2. Whenever lights are displayed upon a vehicle lawfully parked at
nighttime upon any highway, such lights shall be depressed or dimmed, in
the event cowl or parking lamps are not used.
(Added to NRS by 1969, 1501)
1. Unless otherwise provided by ordinance of the local authority
having jurisdiction, a person shall not:
(a) Stop, stand or park a vehicle within an alley in a business
district except for the expeditious loading or unloading of goods.
(b) Stop, stand or park a vehicle in any other alley in such a
manner, or under such conditions as to leave available less than 10 feet
of the width of the alley for the free movement of vehicular traffic.
2. A person shall not stop, stand or park a vehicle within an
alley in such position as to block the driveway or entrance to any
abutting property.
(Added to NRS by 1969, 1502)
Unless otherwise
provided by ordinance of the local authority having jurisdiction, a
person, except physicians or other persons on emergency calls, shall not
park a vehicle on any highway which has an official traffic-control
device prohibiting all-night parking for a period of time longer than 30
minutes between the hours of 2 a.m. and 5 a.m. of any day.
(Added to NRS by 1969, 1503)
No person
may park a vehicle upon any highway for the principal purpose of:
1. Displaying the vehicle for sale.
2. Washing, greasing or repairing the vehicle, except repairs
necessitated by an emergency.
3. Soliciting business.
4. Selling merchandise from the vehicle except in a duly
established market place, or one so authorized or licensed by the local
authority.
5. Storage, or as junkage or dead storage, for more than 72 hours.
(Added to NRS by 1969, 1503; A 1987, 383)
When official
traffic-control devices are erected giving notice thereof, a person shall
not park a vehicle upon either side of any highway adjacent to any school.
(Added to NRS by 1969, 1503)
When official
traffic-control devices are erected prohibiting parking upon a narrow
highway, a person shall not park a vehicle upon any such highway.
(Added to NRS by 1969, 1503)
When official
traffic-control devices are erected giving notice thereof, a person shall
not stand or park a vehicle upon the left-hand side of a one-way street.
(Added to NRS by 1969, 1503)
If a laned
roadway is restricted to one direction, a person shall not stand or park
a vehicle upon the left-hand side of such one-way roadway unless official
traffic-control devices are erected permitting such standing or parking.
(Added to NRS by 1969, 1503)
When official traffic-control devices are erected at
hazardous or congested places, a person shall not stop, stand or park a
vehicle in any such designated place.
(Added to NRS by 1969, 1503)
A person shall not stop, stand or park a vehicle for
any purpose or period of time except for the expeditious loading or
unloading of passengers in any place marked as a passenger curb loading
zone during hours when the regulations applicable to such passenger curb
loading zone are effective.
(Added to NRS by 1969, 1503)
1. A person shall not stop, stand or park a vehicle for any
purpose or length of time other than for the expeditious unloading and
delivery or pickup and loading of materials in any place marked as a
freight curb loading zone during hours when the provisions applicable to
such zones are in effect.
2. The driver of a vehicle may stop temporarily at a place marked
as a freight curb loading zone for the purpose of and while actually
engaged in loading or unloading passengers, when such stopping does not
interfere with any motor vehicle used for the transportation of materials
which is waiting to enter or about to enter such zone.
(Added to NRS by 1969, 1504)
A person shall not stop, stand or park a vehicle for any purpose
or length of time in any restricted parking zone other than for the
purpose to which parking in such zone is restricted, except that a driver
of a passenger vehicle may stop temporarily in such zone for the purpose
of and while actually engaged in loading or unloading of passengers when
such stopping does not interfere with any vehicle which is waiting to
enter or about to enter the zone for the purpose of parking in accordance
with the purpose to which parking is restricted.
(Added to NRS by 1969, 1504)
The
operator of a bus or taxicab shall not stop, stand or park upon any
highway in any business district at any place other than a bus stop or
taxicab stand, respectively, except that this provision does not prohibit
the driver of any such vehicle from temporarily stopping in accordance
with other stopping, standing or parking regulations at any place for the
purpose of and while engaged in the expeditious unloading or loading of
passengers.
(Added to NRS by 1969, 1504)
A person
shall not stop, stand or park a vehicle other than a bus in a bus stop,
or a taxicab in a taxicab stand, when such stop or stand has been
officially designated and appropriately signed, except that the driver of
a passenger vehicle may temporarily stop there and for the purpose of and
while actually engaged in expeditiously loading or unloading of
passengers when such stopping does not interfere with any bus or taxicab
waiting to enter or about to enter such zone.
(Added to NRS by 1969, 1504)
1. A local authority may erect, pursuant to ordinance, official
traffic-control devices regulating the stopping, standing or parking of
vehicles on any highway under its jurisdiction.
2. When devices are erected giving notice thereof, it is unlawful
for any person to stop, stand or park a vehicle for longer than the time
designated by any such sign.
(Added to NRS by 1969, 1504)
1. When parking meters are erected by any local authority pursuant
to an adopted ordinance giving notice thereof, it is unlawful for any
person to stop, stand or park a vehicle in any metered parking zone for a
period of time longer than designated by such parking meters upon a
deposit of a coin of United States currency of the designated
denomination.
2. Every vehicle shall be parked wholly within the metered parking
space for which the meter shows parking privilege has been granted.
3. It is unlawful for any unauthorized person to remove, deface,
tamper with, open, willfully break, destroy or damage any parking meter,
or willfully to manipulate any parking meter in such a manner that the
indicator will fail to show the correct amount of unexpired time before a
violation occurs.
(Added to NRS by 1969, 1504)
1. If the registered owner of a motor vehicle fails to pay any
civil penalty or criminal fine or any other charge imposed against him
for a violation of:
(a) The provisions of NRS 484.395
to 484.443 , inclusive; or
(b) An ordinance of a local authority authorized by this chapter
which covers the same subject matter as the provisions of NRS 484.395
to 484.443 , inclusive,
Ê the local authority which imposed that penalty, fine or charge may file
a notice of nonpayment with the Department.
2. The notice must include:
(a) The time, place and date of each violation;
(b) The number of the license plate of the vehicle and the make and
model year of the vehicle;
(c) The amount of the fine and any other charge imposed for each
violation;
(d) The total amount of money owed to the local authority for those
violations; and
(e) Any other information the Department may require.
3. The Department shall adopt regulations which prescribe the form
for the notice of nonpayment and any information which must be included
in that notice.
(Added to NRS by 1995, 2360; A 1997, 465)
Miscellaneous Rules
The person driving or in charge of any motor
vehicle, except a commercial vehicle loading or unloading goods shall not
permit it to stand unattended without first stopping the engine, locking
the ignition and removing the key.
(Added to NRS by 1969, 1502)
A
vehicle shall not be permitted to stand unattended upon any perceptible
grade without stopping the engine and effectively setting the brake
thereon and turning the front wheels to the curb or side of the highway.
(Added to NRS by 1969, 1502)
1. It is unlawful for a person to drink an alcoholic beverage
while he is driving or in actual physical control of a motor vehicle upon
a highway.
2. Except as otherwise provided in this subsection, it is unlawful
for a person to have an open container of an alcoholic beverage within
the passenger area of a motor vehicle while the motor vehicle is upon a
highway. This subsection does not apply to a motor vehicle which is
designed, maintained or used primarily for the transportation of persons
for compensation, or to the living quarters of a house coach or house
trailer.
3. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
4. As used in this section:
(a) “Alcoholic beverage” has the meaning ascribed to it in NRS
202.015 .
(b) “Open container” means a container which has been opened or the
seal of which has been broken.
(c) “Passenger area” means that area of a vehicle which is designed
for the seating of the driver or a passenger.
(Added to NRS by 1971, 315; A 1991, 838; 2003, 3246 )
The driver of a vehicle:
1. Shall not back the vehicle unless such movement can be made
with reasonable safety and without interfering with other traffic;
2. Shall not back into an intersection, on or over a crosswalk, or
around a street corner; and
3. Shall in every case yield the right-of-way to moving traffic
and pedestrians.
(Added to NRS by 1969, 1498)
The driver of a vehicle shall
not drive upon or within any sidewalk area except at a permanent or
temporary driveway or alley entrance.
(Added to NRS by 1969, 1507)
1. A person shall not drive a vehicle when it is so loaded, or
when there are in the front seat such number of persons, exceeding three,
as to obstruct the view of the driver to the front or sides of the
vehicle or as to interfere with the driver’s control over the driving
mechanism of the vehicle.
2. A passenger in a vehicle shall not ride in such position as to
interfere with the driver’s view ahead or to the sides, or to interfere
with his control over the driving mechanism of the vehicle.
3. Except as otherwise provided in NRS 484.6195 , a vehicle must not be operated upon any
highway unless the driver’s vision through any required glass equipment
is normal.
4. A person who violates any provision of this section may be
subject to the additional penalty set forth in NRS 484.3667 .
(Added to NRS by 1969, 1502; A 1993, 2434; 2003, 3246 )
No person shall occupy a
house trailer while it is being moved upon a public highway.
(Added to NRS by 1957, 504)—(Substituted in revision for NRS
484.699)
The driver of a motor
vehicle traveling through defiles or canyons or on mountain highways
shall hold such motor vehicle under control and as near the right hand
edge of the highway as reasonably possible.
(Added to NRS by 1957, 504)—(Substituted in revision for NRS
484.703)
1. The driver of any motor vehicle when traveling upon a downgrade
shall not coast with the gears of such vehicle in neutral.
2. The driver of a commercial motor vehicle when traveling upon a
downgrade shall not coast with the clutch disengaged.
(Added to NRS by 1957, 504)—(Substituted in revision for NRS
484.706)
The driver of
any motor vehicle other than an authorized emergency vehicle on official
business shall not follow any fire apparatus traveling in response to a
fire alarm closer than 500 feet or driving to or park such vehicle within
500 feet of fire apparatus which stopped in answer to a fire alarm.
(Added to NRS by 1969, 1507)
A vehicle shall not be driven
over any unprotected hose of a fire department when laid down on any
highway or private way or place for use at any fire or alarm of fire or
practice runs, without the consent of the fire department official in
command.
(Added to NRS by 1969, 1507)
1. No person shall throw or deposit upon any highway any glass
bottle, glass, nails, tacks, wire, cans or any other substance likely to
injure any person, animal or vehicle upon such highway.
2. Any person who drops, or permits to be dropped or thrown, upon
any highway any destructive or injurious material shall immediately
remove the same or cause it to be removed.
3. Any person removing a wrecked or damaged vehicle from a highway
shall remove any glass or other injurious substance dropped upon the
highway from such vehicle.
(Added to NRS by 1957, 504)—(Substituted in revision for NRS
484.716)
1. A person to whom a driver’s license has been issued pursuant to
NRS 483.2521 shall not operate a motor
vehicle between the hours of 10 p.m. and 5 a.m. unless he is operating
the vehicle to drive to or from a scheduled event. A peace officer shall
not issue a citation to a person for operating a vehicle in violation of
this section if the person provides evidence satisfactory to the peace
officer that the reason that the person is operating the vehicle between
the hours of 10 p.m. and 5 a.m. is because he is driving to or from a
scheduled event.
2. A peace officer shall not stop a motor vehicle for the sole
purpose of determining whether the driver of the vehicle is violating
subsection 1. A citation may be issued for a violation of subsection 1
only if the violation is discovered when the vehicle is halted or its
driver is arrested for another violation or offense.
(Added to NRS by 1997, 1521; A 2005, 2309 )
1. The operator of a motor vehicle shall not drive between the
vehicles, persons or animals comprising a funeral or other authorized
procession when those vehicles are properly identified by pennants or
other authorized insignia and while the funeral or procession is in
motion, except when otherwise directed by a police officer or by the
driver of a vehicle escorting the funeral procession.
2. This section does not apply to authorized emergency vehicles.
(Added to NRS by 1969, 1506; A 1985, 944)
1. All vehicles, persons or animals comprising a funeral or other
procession shall follow the preceding vehicles, persons or animals in the
procession as closely as is practicable and safe.
2. Each vehicle in a funeral procession must have its head lamps
lighted.
3. The driver of a vehicle escorting a funeral procession may
display flashing amber warning lights if the appropriate permit has been
issued pursuant to NRS 484.579 .
(Added to NRS by 1969, 1506; A 1985, 945)
1. A procession, except a funeral procession, or parade, except
the forces of the United States Armed Services, the military forces of
this State and the forces of the police and fire departments, must not
occupy, march or proceed along any highway except in accordance with the
permit issued by the proper public authority.
2. A sound truck or other vehicle equipped with an amplifier or
loudspeaker must not be driven upon any highway for the purpose of
selling, offering for sale or advertising in any fashion except in
accordance with a permit issued by the proper public authority.
3. An oversized or overweight vehicle or equipment must not be
driven, occupy or proceed upon any highway except in accordance with a
permit issued by the proper public authority.
4. Any person who violates any provision of this section is guilty
of a misdemeanor.
(Added to NRS by 1969, 1506; A 1985, 945; 1987, 1103)
1. Except as otherwise provided in subsections 2 and 4, a driver
shall not permit a person, with regard to a motor vehicle being operated
on a paved highway, to ride upon or within any portion of the vehicle
that is primarily designed or intended for carrying goods or other cargo
or that is otherwise not designed or intended for the use of passengers,
including, without limitation:
(a) Upon the bed of a flatbed truck; or
(b) Within the bed of a pickup truck.
2. A driver may permit a person to ride upon the bed of a flatbed
truck or within the bed of a pickup truck if the person is:
(a) Eighteen years of age or older; or
(b) Under 18 years of age and the motor vehicle is:
(1) Being used in the course of farming or ranching; or
(2) Being driven in a parade authorized by a local authority.
3. A citation must be issued to a driver who permits a person to
ride upon or within a vehicle in violation of subsection 1. A driver who
is cited pursuant to this subsection shall be punished by a fine of at
least $35 but not more than $100.
4. The provisions of subsection 1 do not apply to the portion of
the bed of a truck that is covered by a camper shell or slide-in camper.
5. A violation of this section:
(a) Is not a moving traffic violation for the purposes of NRS
483.473 ; and
(b) May not be considered as:
(1) Negligence or causation in a civil action; or
(2) Negligent or reckless driving for the purposes of NRS
484.377 .
6. As used in this section:
(a) “Camper shell” has the meaning ascribed to it in NRS 361.017
.
(b) “Slide-in camper” has the meaning ascribed to it in NRS 482.113
.
(Added to NRS by 1969, 1507; A 2001, 1906 ; 2003, 3246 )
1. Except as otherwise provided in subsection 7, any person who is
transporting a child who is less than 6 years of age and who weighs 60
pounds or less in a motor vehicle operated in this State which is
equipped to carry passengers shall secure the child in a child restraint
system which:
(a) Has been approved by the United States Department of
Transportation in accordance with the Federal Motor Vehicle Safety
Standards set forth in 49 C.F.R. Part 571;
(b) Is appropriate for the size and weight of the child; and
(c) Is installed within and attached safely and securely to the
motor vehicle:
(1) In accordance with the instructions for installation and
attachment provided by the manufacturer of the child restraint system; or
(2) In another manner that is approved by the National
Highway Traffic Safety Administration.
2. If a defendant pleads or is found guilty of violating the
provisions of subsection 1, the court shall:
(a) In addition to any other penalty imposed by law, order the
defendant to complete a program of training conducted by a person or
agency approved by the Department of Public Safety in the installation
and use of child restraint systems, except that the court shall waive the
requirements of this paragraph if the defendant is not a resident of the
State of Nevada; and
(b) Except as otherwise provided in this paragraph, order the
defendant to pay a fine of not less than $50 nor more than $500, or order
the defendant to perform not less than 8 hours nor more than 50 hours of
community service. The court may:
(1) For a first offense by a defendant who completes a
program of training described in paragraph (a), waive any amount of the
fine or any amount of the community service; and
(2) For a second or subsequent offense by a defendant who
completes a program of training described in paragraph (a), waive any
amount of the fine in excess of $50 or any amount of the community
service in excess of 8 hours,
Ê if the person or agency which provided the program of training to the
defendant certifies to the court that the defendant has completed the
program of training required by paragraph (a), has paid the fee, if any,
established for the program pursuant to subsection 4 and has presented
for inspection by the person or agency an installed child restraint
system that satisfies the provisions of subsection 1. The provisions of
this paragraph do not authorize the waiver of any fee established by a
person or agency pursuant to subsection 4.
3. The court shall make available a list of persons and agencies
approved by the Department of Public Safety to conduct programs of
training and perform inspections of child restraint systems. The list
must include, without limitation, an indication of the fee, if any,
established by the person or agency pursuant to subsection 4.
4. A person or agency approved by the Department of Public Safety
to conduct programs of training and perform inspections of child
restraint systems may, in cooperation with the Department, establish a
fee to be paid by defendants who are ordered to complete a program of
training. The amount of the fee, if any:
(a) Must be reasonable; and
(b) May, if a defendant desires to acquire a child restraint system
from such a person or agency, include the cost of a child restraint
system provided by the person or agency to the defendant.
Ê A program of training may not be operated for profit.
5. For the purposes of NRS 483.473 , a violation of this section is not a moving
traffic violation.
6. A violation of this section may not be considered:
(a) Negligence in any civil action; or
(b) Negligence or reckless driving for the purposes of NRS 484.377
.
7. This section does not apply:
(a) To a person who is transporting a child in a means of public
transportation, including a taxi, school bus or emergency vehicle.
(b) When a physician determines that the use of such a child
restraint system for the particular child would be impractical or
dangerous because of such factors as the child’s weight, physical
unfitness or medical condition. In this case, the person transporting the
child shall carry in the vehicle the signed statement of the physician to
that effect.
8. As used in this section, “child restraint system” means any
device that is designed for use in a motor vehicle to restrain, seat or
position children. The term includes, without limitation:
(a) Booster seats and belt-positioning seats that are designed to
elevate or otherwise position a child so as to allow the child to be
secured with a safety belt;
(b) Integrated child seats; and
(c) Safety belts that are designed specifically to be adjusted to
accommodate children.
(Added to NRS by 1983, 1888; A 1985, 1170, 2293; 1995, 1528; 2003,
2079 ; 2005, 119 )
1. A person shall not board or alight from any vehicle while it is
in motion.
2. A person shall not open the door of or board or alight from the
side of a vehicle which is closest to passing traffic in such a manner as
to interfere with moving vehicular traffic.
3. A person shall not leave open a door on the side of a vehicle
which is closest to passing traffic longer than is necessary for
immediate loading or unloading of passengers or cargo.
(Added to NRS by 1969, 1507; A 1985, 1040)
It shall be unlawful for the driver of any motor vehicle to
leave the engine of the motor vehicle running while the supply tank of
the vehicle is being filled with gasoline or other motor fuel.
[11:166:1925; NCL § 4360]—(Substituted in revision for NRS 484.690)
1. It is unlawful for any person to remove any barrier or sign
stating that a highway is closed to traffic.
2. It is unlawful to pass over a highway that is marked, signed or
barricaded to indicate that it is closed to traffic. A person who
violates any provision of this subsection may be subject to the
additional penalty set forth in NRS 484.3667 .
[14:166:1925; NCL § 4363]—(NRS A 1969, 1509; 2003, 3247 )
No fusee which produces
other than red light shall be placed on the highway to warn of any
stalled vehicle or other hazard to traffic.
(Added to NRS by 1963, 1268)—(Substituted in revision for NRS
484.717)
A police officer shall remove and destroy, or
cause to be removed and destroyed, all red, blue or amber lights and all
sirens unlawfully installed or operated.
(Added to NRS by 1963, 1266; A 1985, 1041)
No vehicle
shall at any time be driven through or within a safety zone.
(Added to NRS by 1957, 504)—(Substituted in revision for NRS
484.719)
All flags, belts, apparel and devices
issued to a pupil or any other person who is controlling or directing
traffic near a school, when used during periods of darkness, must be made
at least in part with reflective materials which are visible from 300
feet to approaching motorists using lawful lower beams of head lamps.
(Added to NRS by 1985, 640)
The
operator of a tow car used for the purpose of rendering assistance to
other vehicles shall, when the rendering of assistance necessitates the
obstruction of any portion of the roadway outside a business or residence
district, place a highway warning sign 100 feet in advance of and 100
feet to the rear of the disabled vehicle.
(Added to NRS by 1963, 1268)—(Substituted in revision for NRS
484.2691)
Where a motor vehicle is
disabled on the highway during darkness, the tow car operator shall
immediately upon arrival place warning signs upon the highway as
prescribed in NRS 484.497 and shall
place not less than one red flare, red lantern, warning light or
reflector in close proximity to each warning sign.
(Added to NRS by 1963, 1268)—(Substituted in revision for NRS
484.2692)
Operation of Bicycles and Vehicles for Play
1. It is a misdemeanor for any person to do any act forbidden or
fail to perform any act required in NRS 484.505 to 484.513 ,
inclusive.
2. The parent of any child and the guardian of any ward shall not
authorize or knowingly permit any such child or ward to violate any of
the provisions of this chapter.
3. The provisions applicable to bicycles shall apply whenever a
bicycle is operated upon any highway or upon any path set aside for the
exclusive use of bicycles subject to those exceptions stated herein.
(Added to NRS by 1957, 505)—(Substituted in revision for NRS
484.277)
Every
person riding a bicycle upon a roadway has all of the rights and is
subject to all of the duties applicable to the driver of a vehicle except
as otherwise provided in NRS 484.504 to
484.513 , inclusive, and except as to
those provisions of this chapter which by their nature can have no
application.
(Added to NRS by 1957, 504; A 1997, 1728)
1. Except as otherwise provided in this section, a peace officer,
a firefighter, an emergency medical technician certified pursuant to
chapter 450B of NRS or an employee of a
pedestrian mall, who operates a bicycle while he is on duty, is not
required to comply with any provision of NRS or any ordinance of a local
government relating to the operation of a bicycle while on duty if he:
(a) Is responding to an emergency call or the peace officer is in
pursuit of a suspected violator of the law; or
(b) Determines that noncompliance with any such provision is
necessary to carry out his duties.
2. The provisions of this section do not:
(a) Relieve a peace officer, firefighter, emergency medical
technician or employee of a pedestrian mall from the duty to operate a
bicycle with due regard for the safety of others.
(b) Protect such a person from the consequences of his disregard
for the safety of others.
3. As used in this section, “pedestrian mall” has the meaning
ascribed to it in NRS 268.811 .
(Added to NRS by 1997, 1728; A 2005, 315 )
1. A person propelling a bicycle shall not ride other than upon or
astride a permanent and regular seat attached thereto.
2. No bicycle shall be used to carry more persons at one time than
the number for which it is designed and equipped.
(Added to NRS by 1957, 504)—(Substituted in revision for NRS
484.272)
No
person riding upon any bicycle, coaster, roller skates, sled or toy
vehicle shall attach the same or himself to any vehicle upon a roadway.
(Added to NRS by 1957, 504)—(Substituted in revision for NRS
484.273)
1. Every person operating a bicycle upon a roadway shall, except:
(a) When traveling at a lawful rate of speed commensurate with the
speed of any nearby traffic;
(b) When preparing to turn left; or
(c) When doing so would not be safe,
Ê ride as near to the right side of the roadway as practicable,
exercising due care when passing a standing vehicle or one proceeding in
the same direction.
2. Persons riding bicycles upon a roadway shall not ride more than
two abreast except on paths or parts of roadways set aside for the
exclusive use of bicycles.
(Added to NRS by 1957, 504; A 1991, 2229)
No person operating a bicycle
shall carry any package, bundle or article which prevents the driver from
keeping at least one hand upon the handle bars.
(Added to NRS by 1957, 505)—(Substituted in revision for NRS
484.275)
1. Every bicycle when in use at night must be equipped with:
(a) A lamp on the front which emits a white light visible from a
distance of at least 500 feet to the front;
(b) A red reflector on the rear of a type approved by the
Department which must be visible from 50 feet to 300 feet to the rear
when directly in front of lawful lower beams of head lamps on a motor
vehicle; and
(c) Reflective material of a sufficient size and reflectivity to be
visible from both sides of the bicycle for 600 feet when directly in
front of the lawful lower beams of the head lamps of a motor vehicle, or
in lieu of such material, a lighted lamp visible from both sides from a
distance of at least 500 feet.
2. Every bicycle must be equipped with a brake which will enable
the operator to make the wheels skid on dry, level, clean pavement.
(Added to NRS by 1957, 505; A 1961, 136; 1975, 30; 1985, 1464,
1952; 1991, 2229)
Operation of Low-Speed Vehicles
1. As used in this section, “low-speed vehicle” means a motor
vehicle:
(a) Designed to carry not more than four persons;
(b) Designed to operate at a maximum speed of at least 20 but not
more than 25 miles per hour;
(c) Having at least four wheels in contact with the ground;
(d) Having an unladen weight of less than 1,800 pounds; and
(e) Complying with the standards for safety of such a vehicle set
forth in Federal Motor Safety Standard No. 500 at 49 C.F.R. § 571.500.
2. If registered, a low-speed vehicle may be operated upon a
highway where the posted speed limit is 35 miles per hour or less. A
person shall not operate a low-speed vehicle upon a highway where the
posted speed limit is greater than 35 miles per hour, except to cross
such a highway at an intersection.
(Added to NRS by 1999, 2572 )
EQUIPMENT OF VEHICLES
Scope and Effect of Regulations
1. A person shall not drive, move, stop or park any vehicle, or
cause or knowingly permit any vehicle to be driven, moved, stopped or
parked, except for purposes of repair, on any highway if such vehicle:
(a) Is in such unsafe condition as to endanger any person or
property.
(b) Is not equipped with lamps, reflectors, brakes, horn and other
warning and signaling devices, windows, windshield, mirrors, safety
glass, mufflers, fenders and tires, and other parts and equipment in the
position, condition and adjustment required by the laws of this State as
to such parts and equipment of a vehicle on the highways of the State at
the time, under the conditions and for the purposes provided in such laws.
2. With respect to any vehicle being driven, moved, stopped or
parked on any highway, it is unlawful for any person to do any act
forbidden, or fail to perform any act required, by the laws of this State
relating to the lamps, brakes, fenders and other parts and equipment,
size, weight and load as to such vehicle on the highways.
3. This section does not prohibit an authorized emergency vehicle
from being equipped with and displaying flashing lights which do not
indicate a right or left turn.
(Added to NRS by 1969, 1203, 1507)
Lamps and Other Equipment for Lighting
1. Every vehicle upon a highway of this State, subject to
exceptions with respect to parked vehicles as stated in this chapter,
must display lighted lamps and illuminating devices as respectively
required in this chapter for different classes of vehicles:
(a) At any time from one-half hour after sunset to one-half hour
before sunrise;
(b) At any other time when, because of insufficient light or
unfavorable atmospheric conditions, persons and vehicles on the highway
are not clearly discernible at a distance of 1,000 feet ahead; and
(c) When directed by an official traffic control device.
2. Every vehicle upon a highway must be equipped with stop lights,
turn signals and other signaling devices to be lighted in the manner
prescribed for the use of such devices.
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1969,
1211; 2001, 1507 )
1. Whenever there is a requirement as to distance from which
lighted lamps and illuminating devices shall be visible, such
requirements shall apply during the times and conditions specified in NRS
484.545 and measured as though the
vehicle were unloaded and upon a straight, level, unlighted highway under
normal atmospheric conditions, unless a different time or condition is
specified.
2. Whenever there is a requirement as to the mounted height of
such lamps or devices, such height shall be measured from the center of
the lamp or device to the level ground upon which the vehicle stands when
the vehicle is unloaded.
(Added to NRS by 1969, 1204)
1. Every motor vehicle, other than a motorcycle or moped, shall be
equipped with at least two head lamps with at least one on each side of
the front of the motor vehicle, which head lamps shall comply with the
requirements and limitations set forth in this chapter.
2. Every head lamp upon every motor vehicle shall be located at a
height, measured from the center of the head lamp, of not more than 54
inches nor less than 24 inches to be measured in the manner set forth in
NRS 484.547 .
3. Snow removal equipment used in clearing snow from highways and
other special mobile equipment which by the nature of its design makes it
impracticable to comply with the requirements of subsection 2 may have
such head lamps located at a height higher than 54 inches.
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1969,
1211; 1971, 1472; 1975, 1077)
1. Except as otherwise provided in this chapter and NRS 486.261
, every motor vehicle, trailer,
semitrailer and any vehicle which is being drawn at the end of a train of
vehicles must be equipped with at least two tail lamps mounted on the
rear, which, when lighted as required by this chapter, emit a red light
plainly visible from a distance of 500 feet to the rear, except that
vehicles manufactured before July 1, 1969, must have at least one tail
lamp if they were originally equipped with only one tail lamp.
2. Only the tail lamp on the rearmost vehicle of a train of
vehicles need actually be seen from the distance specified.
3. On vehicles equipped with more than one tail lamp, the lamps
must be mounted on the same level, as widely spaced laterally as
practicable and at a height of not more than 72 inches nor less than 15
inches.
4. Every passenger car, bus and truck under 80 inches in overall
width must be equipped with a lamp so constructed and placed as to
illuminate with a white light the rear registration or license plate and
render it clearly legible from a distance of 50 feet to the rear.
5. All such lamps must be wired to be lighted whenever the head
lamps or auxiliary driving lamps are lighted.
6. The provisions of this section do not apply to towable tools or
equipment which is being towed during the hours of daylight.
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1969,
1211; 1981, 621; 2003, 401 )
1. Except as provided in subsection 3, every motor vehicle,
trailer, semitrailer and pole trailer must carry on the rear, either as a
part of the tail lamps or separately, two or more red reflectors meeting
the requirements of this section, except that vehicles of the types
mentioned in NRS 484.627 must be
equipped with reflectors meeting the requirements of NRS 484.565 and subsection 1 of NRS 484.567 .
2. Every such reflector must be mounted on the vehicle at a height
not less than 15 inches nor more than 60 inches measured as set forth in
NRS 484.547 , and must be of such size
and characteristics and so mounted as to be visible at night from all
distances within 600 feet to 100 feet from the vehicle when directly in
front of lawful lower beams of head lamps, except that reflectors on
vehicles manufactured or assembled before January 1, 1970, must be
visible at night from all distances within 350 feet to 100 feet when
directly in front of lawful upper beams of head lamps.
3. The provisions of this section do not apply to towable tools or
equipment.
(Added to NRS by 1969, 1204; A 1981, 621)
1. Except as provided in subsection 5, every motor vehicle,
trailer and semitrailer, and any vehicle which is being drawn at the end
of a train of vehicles must be equipped with two or more stop lamps,
except that any vehicle manufactured before July 1, 1969, must have at
least one stop lamp if the vehicle was originally equipped with only one
stop lamp.
2. Except as otherwise provided in this chapter, the stop lamp or
lamps must:
(a) Be on the rear of the vehicle, and if there are two or more
than two must be as widely spaced laterally as practicable;
(b) Display a red, amber or yellow light visible from a distance of
not less than 300 feet to the rear in normal sunlight; and
(c) Be activated upon application of the brake.
3. On a combination of vehicles, stop lamps on the rearmost
vehicle only are required.
4. A stop lamp may be incorporated with a tail lamp.
5. The provisions of this section do not apply to towable tools or
equipment.
(Added to NRS by 1969, 1204; A 1981, 622; 1987, 1343)
1. Except as provided in subsection 6, every motor vehicle,
trailer, semitrailer and any vehicle which is being drawn at the end of a
train of vehicles must be equipped with electric turn signal lamps,
except that vehicles less than 80 inches in overall width not originally
equipped with electric turn signal lamps and manufactured before July 1,
1969, are not required to be equipped with such lamps.
2. Such lamps must be located on the front and rear of any such
vehicle or combination of vehicles and must indicate an intention to turn
by flashing lights in the direction toward which the turn is to be made.
3. The lamps showing to the front must be mounted on the same
level and as widely spaced laterally as practicable and, when signaling,
must emit white or amber light, or any shade of light between white and
amber.
4. The lamps showing to the rear must be mounted on the same level
and as widely spaced laterally as practicable, and, when signaling, must
emit red or amber light, or any shade of light between red and amber.
5. The lamps must be visible in normal sunlight from a distance of
not less than 500 feet.
6. The provisions of this section do not apply to:
(a) Mopeds;
(b) Special mobile equipment, except when such equipment is being
towed at the end of a train of vehicles;
(c) Motorcycles propelled by a motor producing not more than 5
brake horsepower measured at the crankshaft and having a maximum speed
not exceeding 30 miles per hour upon maximum acceleration from a standing
start for 1 mile on a level surface; or
(d) Towable tools or equipment.
(Added to NRS by 1969, 1204; A 1975, 1077; 1977, 1355; 1981, 622)
The requirements of
this chapter with respect to reflectors, stop lamps, turn signal lamps
and tail lamps for pole trailers may be met by displaying such reflectors
or lamps on the rearmost portion of the load.
(Added to NRS by 1969, 1205)
1. In addition to other equipment required in this chapter the
following vehicles shall be equipped as stated in this section.
2. On every bus or truck 80 inches or more in overall width
manufactured after January 1, 1970, there shall be the following:
(a) On the front, two clearance lamps, one at each side, and three
identification lamps meeting the requirements of subsection 8.
(b) On the rear, two clearance lamps, one at each side, and three
identification lamps meeting the requirements of subsection 8.
(c) On each side, two side marker lamps, one at or near the front
and one at or near the rear.
(d) On each side, two reflectors, one at or near the front and one
at or near the rear.
3. On every trailer or semitrailer 80 inches or more in overall
width there shall be the following:
(a) On the front, two clearance lamps, one at each side.
(b) On the rear, two clearance lamps, and three identification
lamps meeting the requirements of subsection 8.
(c) On each side, two side marker lamps, one at or near the front
and one at or near the rear.
(d) On each side, two reflectors, one at or near the front and one
at or near the rear.
4. For the purposes of this section “converter dolly” means a
vehicle with a fifth wheel lower half or equivalent mechanism, the
attachment of which converts a semitrailer to a full trailer. Each such
dolly, when towed singly by another vehicle, and not as part of a full
trailer, shall be equipped with one stop lamp, one tail lamp and two
reflectors on the rear. No lighting devices or reflectors are required on
the front or sides of any such dolly.
5. In addition to the requirements of subsection 3, on every
trailer and semitrailer 30 feet or more in overall length there shall be,
on each side, one amber side marker lamp and one amber reflector,
centrally located with respect to the length of the trailer and
semitrailer.
6. On the front of every truck-tractor there shall be two cab
clearance lamps, one at each side, and if the truck-tractor is
manufactured after January 1, 1970, three identification lamps meeting
the requirements of subsection 8.
7. On every pole trailer there shall be the following:
(a) On each side, one amber side marker lamp at or near the front
of the load.
(b) On each side, one amber reflector at or near the front of the
load.
(c) On the rearmost part of the load or the rearmost support for
the load, one combination marker lamp showing amber to the front and red
to the rear and side, mounted to indicate the maximum width of the pole
trailer.
8. Identification lamps shall be grouped in a horizontal row, with
lamp centers spaced not less than 6 nor more than 12 inches apart, and
mounted on the permanent structure of the vehicle as close as practicable
to the vertical centerline, except that where the cab of a vehicle is not
more than 42 inches wide at the front roof line, a single identification
lamp at the center of the cab shall be sufficient to comply with the
requirements for front identification lamps.
9. On trailers designed to carry boats, front and rear clearance
lamps may be located on each side of the trailer at or near the mid-point
of the trailer between the front and rear of the trailer to indicate the
extreme width of the trailer.
10. The provisions of this section shall not apply to a mobile
home.
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1969,
1212; 1975, 35)
1. Front clearance lamps, identification lamps and those marker
lamps and reflectors mounted on the front or on the side near the front
of a vehicle must display or reflect an amber color.
2. Rear clearance lamps, identification lamps and those marker
lamps and reflectors mounted on the rear or on the sides near the rear of
a vehicle must display or reflect a red color.
3. All lighting devices and reflectors mounted on the rear of any
vehicle must display or reflect a red color, except that:
(a) The stoplight or other signal device may be red, amber or
yellow.
(b) The light illuminating the license plate must be white.
(c) The light emitted by a backup lamp must be white or amber.
(d) The tail lamp on a motorcycle may contain a blue insert as
authorized in NRS 486.261 .
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1969,
1214; 2003, 402 )
1. Reflectors required in NRS 484.563 shall be mounted at a height not less than 15
inches and not higher than 60 inches above the ground on which the
vehicle stands, except that if the highest part of the permanent
structure of the vehicle is less than 15 inches the reflector at such
point shall be mounted as high as that part of the permanent structure
will permit.
2. Any required red reflector on the rear of such vehicle may be
incorporated with the tail lamp, but such reflector shall meet all the
other reflector requirements of this chapter.
3. Except as provided in subsections 4 and 5, clearance lamps
shall be mounted on the permanent structure of the vehicle in such a
manner as to indicate its extreme width and as near the top thereof as
practicable. Clearance lamps and side marker lamps may be mounted in
combination provided illumination is given as required in this chapter
with reference to both.
4. When rear identification lamps are mounted at the extreme
height of the vehicle, rear clearance lamps may be mounted at optional
height.
5. When mounting of front clearance lamps at the highest point of
a trailer results in such lamps failing to mark the extreme width of a
trailer, such lamps shall be mounted at a height to indicate the extreme
width of the trailer.
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1969,
1214)—(Substituted in revision for NRS 484.340)
1. Every reflector required by NRS 484.561 shall be of such size and characteristics and
so maintained as to be readily visible at nighttime from all distances
within 600 feet to 100 feet from the vehicle when directly in front of
lawful lower beams of head lamps.
2. Every front and rear clearance lamp and identification lamp
required by NRS 484.561 shall be
capable of being seen and distinguished under normal atmospheric
conditions at the times lighted lamps are required at all distances
between 500 feet to 50 feet from the front and rear, respectively, of the
vehicle on which mounted.
3. Every side marker lamp required by NRS 484.561 shall be capable of being seen and
distinguished under normal atmospheric conditions at the times lighted
lamps are required at all distances between 500 and 50 feet from the side
of the vehicle on which mounted.
(Added to NRS by 1969, 1205; A 1975, 30)
Whenever motor vehicles and other
vehicles are operated in combination during the time that lights are
required, any lamp (except tail lamps) need not be lighted which by
reason of its location on a vehicle of the combination would be obscured
by another vehicle of the combination, but this shall not affect the
requirement that lighted clearance lamps be displayed on the front of the
foremost vehicle required to have clearance lamps or that all lights
required on the rear of the rearmost vehicle of any combination shall be
lighted.
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(Substituted in
revision for NRS 484.360)
1. Every vehicle shall be equipped with one or more lamps which,
when lighted, shall display a white or amber light visible from a
distance of 500 feet to the front of the vehicle, and one or more lamps
which, when lighted, shall display a red light visible from a distance of
500 feet to the rear of the vehicle. The location of such lamps shall be
such that at least one such lamp is installed as near as practicable to
the side of the vehicle which is closest to passing traffic.
2. Whenever a vehicle is parked upon the traveled portion of a
highway during the times mentioned in NRS 484.545 and there is sufficient light to reveal any
person or object within a distance of 1,000 feet upon such highway, no
lights need be displayed upon such parked vehicle.
3. Whenever a vehicle is parked or stopped upon the traveled
portion of a highway or shoulder adjacent thereto, whether attended or
unattended during the times mentioned in NRS 484.545 , and there is insufficient light to reveal any
person or object within a distance of 1,000 feet upon such highway or
roadway, such vehicle shall display lighted lamps meeting the
requirements of subsection 1.
4. Any lighted head lamps upon a parked vehicle shall be depressed
or dimmed.
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1960,
60; 1969, 1215)—(Substituted in revision for NRS 484.370)
1. Every farm tractor and every self-propelled unit of farm
equipment or implement of husbandry manufactured after January 1, 1970,
shall be equipped with vehicular hazard-warning lamps of a type described
in NRS 484.585 , visible from a distance
of not less than 1,000 feet to the front and rear in normal sunlight,
which shall be displayed whenever any such vehicle is operated upon a
highway.
2. Every farm tractor and every self-propelled unit of farm
equipment or implement of husbandry manufactured after January 1, 1970,
shall at all times, and every other such vehicle shall, during the times
mentioned in NRS 484.545 , be equipped
with lamps and reflectors as follows:
(a) At least two head lamps meeting the requirements of NRS 484.587
.
(b) At least one red lamp visible when lighted from a distance of
not less than 1,000 feet to the rear, mounted as far to the left of the
center of the vehicle as practicable.
(c) At least two red reflectors visible from all distances within
600 feet to 100 feet to the rear when directly in front of lawful lower
beams of head lamps.
3. Every combination of farm tractor and towed farm equipment or
implement of husbandry shall at all times mentioned in NRS 484.545 be equipped with lamps and reflectors as
follows:
(a) The farm tractor shall be equipped as required in subsections 1
and 2.
(b) If the towed unit extends more than 4 feet to the rear of the
tractor or obscures any lamp on the tractor, such unit shall be equipped
on the rear with at least two red reflectors visible from all distances
within 600 feet to 100 feet to the rear when directly in front of lawful
lower beams of head lamps.
(c) If the towed unit extends more than 4 feet to the left of the
centerline of the tractor, such unit shall be equipped on the front with
an amber reflector visible from all distances within 600 feet to 100 feet
to the front when directly in front of lawful beams of head lamps. Such
reflector shall be so positioned as to indicate, as nearly as
practicable, the extreme left projection of the towed unit.
4. The two red reflectors required by subsection 3 shall be so
positioned as to show from the rear, as nearly as practicable, the
extreme width of the vehicle or combination carrying them.
(Added to NRS by 1969, 1206)
All vehicles
including animal-drawn vehicles not otherwise specifically required to be
equipped with lamps, shall at all times specified in NRS 484.545 be equipped with at least one lamp displaying
a white light visible from a distance of not less than 500 feet to the
front of the vehicle and two lamps displaying a red light visible from a
distance of not less than 500 feet to the rear of the vehicle or one lamp
displaying a red light visible from a distance of not less than 500 feet
to the rear and two red reflectors visible from all distances of 600 to
100 feet to the rear when illuminated by the lawful lower beams of head
lamps.
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1969,
1215; 1975, 31)
1. Any motor vehicle may be equipped with not to exceed two spot
lamps and every lighted spot lamp shall be so aimed and used upon
approaching another vehicle that no part of the high-intensity portion of
the beam will strike the windshield, or any windows, mirror or occupant
of a vehicle in use.
2. Any motor vehicle may be equipped with not to exceed two
auxiliary driving lamps mounted on the front at a height not less than 16
inches nor more than 42 inches above the level surface upon which the
vehicle stands. The provisions of NRS 484.587 apply to any combination of head lamps and
auxiliary driving lamps.
3. Any motor vehicle may be equipped with not to exceed two
auxiliary passing lamps mounted on the front at a height of not less than
24 inches nor more than 42 inches above the level surface upon which the
vehicle stands. The provisions of NRS 484.587 apply to any combination of head lamps and
auxiliary passing lamps.
4. Any motor vehicle may be equipped with not to exceed two fog
lamps mounted on the front at a height not less than 12 inches nor more
than 30 inches above the level surface upon which the vehicle stands and
so aimed that when the vehicle is not loaded none of the high-intensity
portion of the light to the left of center of the vehicle shall at a
distance of 25 feet ahead project higher than a level of 4 inches below
the level of the center of the lamp from which it comes. Such lighted fog
lamps may be used with lower head lamp beams as provided in NRS 484.587
.
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1969,
1215)—(Substituted in revision for NRS 484.390)
1. It is unlawful to operate or display a flashing amber warning
light on a vehicle except when an unusual traffic hazard exists or as
authorized in NRS 484.582 . This
subsection does not prohibit the use of amber lights in electric signals
for making turns.
2. It is unlawful for any person to mount flashing amber warning
lights permanently on a vehicle without a permit from the Nevada Highway
Patrol.
3. The Nevada Highway Patrol, upon written application, shall
issue a permit to mount a flashing amber light on:
(a) Vehicles of public utilities.
(b) Trucks for towing vehicles.
(c) Vehicles engaged in activities which create a public hazard
upon the streets or highways.
(d) Vehicles of coroners and their deputies.
(e) Vehicles of Civil Air Patrol rescue units.
(f) Vehicles of authorized sheriffs’ jeep squadrons.
(g) Vehicles which escort funeral processions.
(h) Vehicles operated by vendors of food or beverages, as provided
in NRS 484.582 .
4. Those permits expire on June 30 of each calendar year.
5. The Nevada Highway Patrol shall charge and collect the
following fees for the issuance of a permit for the mounting of a
flashing amber light:
(a) Permit for a single
vehicle....................................................................
...................... $2
(b) Blanket permit for more than 5 but less than 15
vehicles..................................... 12
(c) Blanket permit for 15 vehicles or
more.....................................................................
24
6. Subsections 1 and 2 do not apply to an agency of any state or
political subdivision thereof, or to an agency of the Federal Government.
7. All fees collected by the Nevada Highway Patrol pursuant to
this section must be deposited with the State Treasurer for credit to the
State Highway Fund.
(Added to NRS by 1963, 1267; A 1975, 586; 1981, 129; 1985, 945,
1465; 2005, 677 )
1. Any vendor of food or beverages who operates on public streets
a vehicle which moves at a speed slower than the normal flow of traffic
and which stops or stands on the street or adjacent to the curb so that
customers may be served from the vehicle shall, upon obtaining a permit
pursuant to NRS 484.579 , mount a
flashing or rotating amber warning light on the roof of that vehicle and
shall display warning signs on the vehicle pursuant to subsection 3.
2. The amber light must be in operation when the vehicle is:
(a) Moving down a street soliciting customers at a speed of less
than 15 miles per hour; or
(b) Stopped or standing on the street or adjacent to a curb to
serve customers.
3. The warning signs displayed on the vehicle must advise drivers
of other vehicles of the danger of the presence of children around the
vehicle. These signs must substantially conform to the color and style of
print used on the warning signs displayed on public school buses in this
State.
(Added to NRS by 1985, 1464)
Public utility vehicles actually engaged in the
construction, removal, maintenance or inspection of utility facilities
may display flashing amber warning lights to the front, sides or rear
when necessarily parked other than adjacent to the curb in a highway, or
when moving at a speed slower than the normal flow of traffic.
(Added to NRS by 1963, 1267)—(Substituted in revision for NRS
484.416)
An authorized vehicle used
by the Department of Transportation for the construction, maintenance or
repair of highways may be equipped with tail lamps that emit nonflashing
blue light which may be used:
1. For vehicles that perform construction, maintenance or repair
of highways, including, without limitation, vehicles used for the removal
of snow, when the vehicle is engaged in such construction, maintenance or
repair; and
2. For all other authorized vehicles of the Department of
Transportation used in the construction, maintenance or repair of
highways:
(a) In an area designated as a temporary traffic control zone in
which construction, maintenance or repair of a highway is conducted; and
(b) At a time when the workers who are performing the construction,
maintenance or repair of the highway are present.
(Added to NRS by 2003, 3236 )
1. Any motor vehicle may be equipped with not more than two side
cowl or fender lamps which shall emit an amber or white light without
glare.
2. Any motor vehicle may be equipped with not more than one
running-board courtesy lamp on each side of the vehicle which shall emit
a white or amber light without glare.
3. Any motor vehicle may be equipped with inside door-mounted red
lamps or red reflectorizing devices or material visible to the rear of
the vehicle when the doors are open.
4. Any motor vehicle may be equipped with one or more backup lamps
either separately or in combination with other lamps. Backup lamps shall
not be lighted when the vehicle is in forward motion.
5. Any vehicle may be equipped with lamps which may be used for
the purpose of warning the drivers of other vehicles of the presence of a
vehicular traffic hazard requiring the exercise of unusual care in
approaching, overtaking or passing, and when so equipped may display such
warning in addition to any other warning signals required by this
chapter. The lamps used to display such warning to the front shall be
mounted at the same level and as widely spaced laterally as practicable,
and shall display simultaneously flashing white or amber lights, or any
shade of color between white and amber. The lamps used to display such
warning to the rear shall be mounted at the same level and as widely
spaced laterally as practicable, and shall show simultaneously flashing
amber or red lights, or any shade of color between amber and red.
Whenever a vehicle has been equipped with such lamps they shall be kept
in good operating condition. These warning lamps shall be visible from a
distance of not less than 500 feet in normal sunlight.
6. Any motor vehicle may be equipped with not more than two lamps
designed and of sufficient intensity for the purpose of revealing objects
only in the direction of the turn while the vehicle is turning or while
the turn signal lamps are operating to signal an intention to turn. The
lamps shall be designed so that no glaring light is projected into the
eyes of an approaching driver.
7. Any vehicle 80 inches or more in overall width, if not
otherwise required by NRS 484.561 , may
be equipped with not more than three identification lamps showing to the
front, which shall emit an amber light without glare, and not more than
three identification lamps showing to the rear, which shall emit a red
light without glare. Such lamps shall be mounted in the manner provided
in NRS 484.561 .
8. Every motor vehicle, trailer, semitrailer and pole trailer 80
inches or more in overall width or 30 feet or more in overall length
manufactured after January 1, 1970, shall be equipped with hazardous
warning lamps meeting the requirements of subsection 5.
(Added to NRS by 1969, 1207)
Except as hereinafter provided, the head lamps or the auxiliary driving
lamp or the auxiliary passing lamp, or combination thereof, on motor
vehicles other than motorcycles or mopeds shall be so arranged that the
driver may select at will between distributions of light projected to
different elevations, and such lamps may, in addition, be so arranged
that such selection can be made automatically, subject to the following
limitations:
1. There shall be an uppermost distribution of light, or composite
beam, so aimed and of such intensity to reveal persons and vehicles at a
distance of at least 350 feet ahead for all conditions of loading.
2. There shall be a lowermost distribution of light, or composite
beam, so aimed and of sufficient intensity to reveal persons and vehicles
at a distance of at least 100 feet ahead; and on a straight, level road
under any condition of loading none of the high-intensity portion of the
beam shall be directed to strike the eyes of an approaching driver.
3. Every new motor vehicle, other than a motorcycle or moped,
registered in this State after January 1, 1956, which has multiple-beam
road lighting equipment shall be equipped with a beam indicator, which
shall be lighted whenever the uppermost distribution of light from the
head lamps is in use, and shall not otherwise be lighted. The indicator
shall be so designed and located that when lighted it will be readily
visible without glare to the driver of the vehicle so equipped.
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1971,
1472; 1975, 1078)
Whenever a motor vehicle is being operated on the traveled
portion of the highway, or shoulder adjacent thereto, during the times
specified in NRS 484.545 , the driver
shall use a distribution of light, or composite beam, directed high
enough and of sufficient intensity to reveal persons and vehicles at a
safe distance in advance of the vehicle, subject to the following
requirements and limitations:
1. Whenever a driver of a vehicle approaches an oncoming vehicle
within 500 feet, the driver shall use a distribution of light, or
composite beam, so aimed that the glaring rays are not projected into the
eyes of the oncoming driver. The lowermost distribution of light, or
composite beam, specified in subsection 2 of NRS 484.587 , shall be deemed to avoid glare at all times,
regardless of road contour and loading.
2. Whenever the driver of a vehicle follows another vehicle within
300 feet to the rear, the driver shall use a distribution of light
permissible under this chapter other than the uppermost distribution of
light specified in subsection 1 of NRS 484.587 .
[Part 6:166:1925; A 1939, 316; 1945, 268; 1955, 40]—(NRS A 1969,
1216; 1985, 1041)
1. At all times specified in NRS 484.545 , a lighted head lamp or head lamps meeting the
requirements of NRS 484.549 shall be
displayed on a motor vehicle except when the vehicle is parked.
2. Whenever a motor vehicle equipped with head lamps is also
equipped with any auxiliary lamps, spot lamp or any other lamp on the
front projecting a beam of intensity greater than 300 candle power, not
more than a total of four of any such lamps may be lighted at one time
when upon a highway.
(Added to NRS by 1969, 1207; A 1975, 118)
Brakes
1. Every motor vehicle, trailer, semitrailer, house trailer and
pole trailer, and any combination of those vehicles operating upon a
highway must be equipped with brakes in compliance with the requirements
of this chapter.
2. Every such vehicle and combination of vehicles, except:
(a) Special mobile equipment towed by a motor vehicle at a speed of
20 miles per hour or less;
(b) Trailers, semitrailers and house trailers having a gross weight
of 3,000 pounds or less, except as provided in subsection 6; and
(c) Pole dollies when used in the transportation of poles at a
speed of 20 miles per hour or less by a public utility or agency engaged
in the business of supplying electricity or telephone service, when the
transportation is between storage yards or between a storage yard and a
job location where the poles are to be used,
Ê must be equipped with service brakes complying with the performance
requirements of NRS 484.595 and
adequate to control the movement of and to stop and hold that vehicle
under all conditions of loading, and on any grade incident to its
operation.
3. Every such vehicle and combination of vehicles, except
motorcycles or mopeds, must be equipped with parking brakes adequate to
hold the vehicle or combination of vehicles on any grade on which it is
operated, under all conditions of loading, on a surface free from snow,
ice or loose material. The parking brakes must be capable of being
applied in conformance with the foregoing requirements by the driver’s
muscular effort or by spring action or by equivalent means. Their
operation may be assisted by the service brakes or other source of power,
provided that failure of the service brake actuation system or other
power-assisting mechanism will not prevent the parking brakes from being
applied in conformance with the foregoing requirements. The parking
brakes must be so designed that when once applied they remain applied
with the required effectiveness despite exhaustion of any source of
energy or leakage of any kind. The same brake drums, brake shoes and
lining assemblies, brake-shoe anchors and mechanical brake-shoe actuation
mechanism normally associated with the wheel brake assemblies may be used
for both the service brakes and the parking brakes. If the means of
applying the parking brakes and the service brakes are connected in any
way, they must be so constructed that failure of any one part will not
leave the vehicle without operative brakes.
4. Every vehicle must be equipped with brakes acting on all wheels
except:
(a) Trailers, semitrailers, house trailers or pole trailers,
manufactured or assembled before July 1, 1975, having a gross weight of
3,000 pounds or less.
(b) Any vehicle being towed in driveaway or towaway operations,
provided the combination of vehicles is capable of complying with the
performance requirements of NRS 484.595 .
(c) Trucks and truck-tractors having three or more axles, which
need not have brakes on the front wheels, except that when those vehicles
are equipped with at least two steerable axles, the wheels of one
steerable axle need not have brakes. However, those trucks and
truck-tractors must be capable of complying with the performance
requirements of NRS 484.595 .
(d) Special mobile equipment.
(e) Any vehicle with three wheels in contact with the ground, two
of which are equipped with brakes if the vehicle is capable of complying
with the performance requirements of NRS 484.595 .
5. Every trailer, semitrailer, house trailer and pole trailer
equipped with air- or vacuum-actuated brakes and every trailer,
semitrailer, house trailer and pole trailer with a gross weight in excess
of 3,000 pounds, manufactured or assembled after July 1, 1969, must be
equipped with brakes acting on all wheels and of such character as to be
applied automatically and promptly, and remain applied for at least 15
minutes, upon breakaway from the towing vehicle.
6. Every trailer, semitrailer, house trailer or pole trailer of
3,000 pounds or more gross weight or equaling more than 40 percent of the
towing vehicle, manufactured or assembled before July 1, 1975, must be
equipped with brakes on at least two wheels.
7. Except as otherwise provided by law, every motor vehicle used
to tow a trailer, semitrailer, house trailer or pole trailer equipped
with brakes must be equipped with means for providing that, in case of
breakaway of the towed vehicle, the towing vehicle will be capable of
being stopped by the use of its service brakes.
8. Air brake systems installed on trailers must be so designed
that the supply reservoir used to provide air for the brakes is
safeguarded against backflow of air from the reservoir through the supply
line.
9. Every motor vehicle, trailer, semitrailer, house trailer or
pole trailer, manufactured or assembled after July 1, 1975, and operating
upon a highway must be equipped with service brakes on all wheels of
every vehicle, except:
(a) A trailer, semitrailer, house trailer or pole trailer of less
than 1,500 pounds gross weight need not be equipped with brakes; and
(b) Three-axle trucks, trucks and truck-tractors need only be
equipped with brakes on all wheels of the two rear axles.
[Part 6 1/2:166:1925; added 1939, 316; A 1953, 152]—(NRS A 1965,
167; 1969, 1216; 1971, 1472; 1975, 130, 1078; 1979, 854)
1. Every motor vehicle and combination of vehicles, at all times
and under all conditions of loading, upon application of the service
brake, shall be capable of:
(a) Developing a braking force that is not less than the percentage
of its gross weight tabulated in subsection 2 for its classification;
(b) Decelerating to a stop from not more than 20 miles per hour at
not less than the feet per second per second tabulated in subsection 2
for its classification; and
(c) Stopping from a speed of 20 miles per hour, in not more than
the distance tabulated in subsection 2 for its classification, such
distance to be measured from the point at which movement of the service
brake pedal or control begins.
2. The required braking forces, decelerations and braking
distances are tabulated as follows:
Brake system
application
Braking and braking
force as a distance
percentage in feet
of gross from an
vehicle or Deceleration initial
Classification
combination in feet per speed of
of Vehicles
weight second 20 m.p.h.
Passenger vehicles with a seating capacity of 10 people or less
including driver, not having manufacturer’s gross vehicle weight
rating....... 52.8% 17 25
All motorcycles, mopeds and motor-driven cycles
43.5% 14 30
Single-unit vehicles with manufacturer’s gross vehicle weight
rating of 10,000 pounds or less
43.5% 14 30
Single-unit vehicles with manufacturer’s gross weight rating of
more than 10,000 pounds
43.5% 14 40
Combination of a two-axle towing vehicle and trailer with a gross
trailer weight of 3,000 pounds or
less
43.5% 14 40
Buses, regardless of the number of axles, not having a
manufacturer’s gross weight rating
43.5% 14 40
All combinations of vehicles in driveaway-towaway operations
43.5%
14 40
All other vehicles and combinations of vehicles
43.5% 14 50
3. Tests for deceleration and stopping distance shall be made on a
substantially level (not to exceed plus or minus 1-percent grade), dry,
smooth, hard surface that is free from loose material.
[Part 6 1/2:166:1925; added 1939, 316; A 1953, 152]—(NRS A 1969,
1219; 1975, 1080)
All brakes shall be maintained in good
working order and shall be so adjusted as to operate as equally as
practicable with respect to the wheels on opposite sides of the vehicle.
[Part 6 1/2:166:1925; added 1939, 316; A 1953, 152]—(Substituted in
revision for NRS 484.440)
1. Every towing vehicle, when used to tow another vehicle equipped
with air-controlled brakes, in other than driveaway or towaway
operations, shall be equipped with two means for emergency application of
the trailer brakes. One of these means shall apply the brakes
automatically in the event of a reduction of the towing vehicle air
supply to a fixed pressure, which shall be not lower than 20 pounds per
square inch nor higher than 45 pounds per square inch. The other means
shall be a manually controlled device for applying and releasing the
brakes, readily operable by a person seated in the driving seat, and its
emergency position or method of operation shall be clearly indicated. In
no instance may the manual means be so arranged as to permit its use to
prevent operation of the automatic means. The automatic and the manual
means required by this section may be, but are not required to be,
separate.
2. Every towing vehicle used to tow other vehicles equipped with
vacuum brakes, in operations other than driveaway or towaway operations,
shall have, in addition to the single-control device required by NRS
484.601 , a second control device which
can be used to operate the brakes on towed vehicles in emergencies. The
second control shall be independent of brake air, hydraulic and other
pressure, and independent of other controls, unless the braking system is
so arranged that failure of the pressure upon which the second control
depends will cause the towed vehicle brakes to be applied automatically.
The second control is not required to provide modulated braking.
(Added to NRS by 1969, 1209)
Every
motor vehicle, trailer, semitrailer, house trailer and pole trailer, and
every combination of such vehicles, except motorcycles, mopeds, power
cycles and motor-driven cycles, equipped with brakes shall have the
braking system so arranged that one control device can be used to operate
all service brakes. The braking system on the towed vehicle may be surge
actuated brakes. This requirement does not prohibit vehicles from being
equipped with an additional control device to be used to operate brakes
on the towed vehicles. This regulation does not apply to driveaway or
towaway operations unless the brakes on the individual vehicles are
designed to be operated by a single control on the towing vehicle.
(Added to NRS by 1969, 1210; A 1975, 131, 1081)
1. Every bus, truck or truck-tractor with air-operated brakes
shall be equipped with at least one reservoir sufficient to insure that,
when fully charged to the maximum pressure as regulated by the air
compressor governor cutout setting, a full service brake application may
be made without lowering such reservoir pressure by more than 30 percent.
Each reservoir shall be provided with means for readily draining
accumulated oil or water.
2. Every truck with three or more axles equipped with
vacuum-assistor type brakes and every truck-tractor and truck used for
towing a vehicle equipped with vacuum brakes shall be equipped with a
reserve capacity or a vacuum reservoir sufficient to insure that, with
the reserve capacity or reservoir fully charged and with the engine
stopped, a full service brake application may be made without depleting
the vacuum supply by more than 30 percent.
3. All motor vehicles, trailers, semitrailers and pole trailers,
when equipped with air or vacuum reservoirs or reserve capacity as
required by this section, shall have such reservoirs or reserve capacity
so safeguarded by a check valve or equivalent device that in the event of
failure or leakage in its connection to the source of compressed air or
vacuum, the stored air or vacuum shall not be depleted by the leak or
failure.
(Added to NRS by 1969, 1210)
1. Every bus, truck or truck-tractor using compressed air for the
operation of its own brakes or the brakes on any towed vehicle shall be
provided with a warning signal, other than a pressure gauge, readily
audible or visible to the driver, which will operate at any time the air
reservoir pressure of the vehicle is below 50 percent of the air
compressor governor cutout pressure. In addition, each such vehicle shall
be equipped with a pressure gauge visible to the driver, which indicates
in pounds per square inch the pressure available for braking.
2. Every truck-tractor and truck used for towing a vehicle
equipped with vacuum-operated brakes and every truck with three or more
axles using vacuum in the operation of its brakes, except those in
driveaway or towaway operations, shall be equipped with a warning signal,
other than a gauge indicating vacuum, readily audible or visible to the
driver, which will operate at any time the vacuum in the vehicle’s supply
reservoir or reserve capacity is less than 8 inches of mercury.
3. When a vehicle required to be equipped with a warning device is
equipped with both air and vacuum power for the operation of its own
brakes or the brakes on a towed vehicle, the warning devices may be, but
are not required to be, combined into a single device which will serve
both purposes. A gauge or gauges indicating pressure or vacuum shall not
be deemed to be an adequate means of satisfying this requirement.
(Added to NRS by 1969, 1210)
1. The driver of a vehicle which is equipped with a device for
braking that uses the compression of the engine of the vehicle shall not
use the device at any time unless:
(a) The device is equipped with an operational muffler; or
(b) The driver reasonably believes that an emergency requires the
use of the device to protect the physical safety of a person or others
from an immediate threat of physical injury or to protect against an
immediate threat of damage to property.
2. A person who violates the provisions of this section is guilty
of a misdemeanor.
(Added to NRS by 2003, 403 )
Odometers
As used in NRS 484.606 to 484.6069 , inclusive, unless the context otherwise
requires:
1. “Odometer” means an instrument for measuring and recording the
total distance which a motor vehicle travels while in operation. The term
does not include any auxiliary odometer designed to be reset by the
operator of the motor vehicle.
2. “Repair and replacement” means restoration to a sound working
condition by replacing the odometer or any part thereof, or by correcting
what is inoperative.
3. “Transfer” means to change ownership by purchase, gift or any
other means.
(Added to NRS by 1973, 372; A 1995, 155)
1. It is unlawful for any person to advertise for sale, to sell,
to use, to install or to have installed any device which causes an
odometer to register any mileage other than the true mileage driven.
2. For purposes of this section, the true mileage driven is that
mileage traveled by the vehicle, as registered by the odometer, within
the manufacturer’s designed tolerance for such odometer.
(Added to NRS by 1973, 372)
It is unlawful for any
person or his agent to disconnect, reset or alter the odometer of any
motor vehicle with the intent to change the number of miles indicated
thereon.
(Added to NRS by 1973, 373)
It is
unlawful for any person, with the intent to defraud, to operate a motor
vehicle on any highway of this State knowing that the odometer of such
vehicle is disconnected or nonfunctional.
(Added to NRS by 1973, 373)
It is unlawful for any person to
conspire with any other person to violate NRS 484.606 to 484.6069 , inclusive.
(Added to NRS by 1973, 373)
1. NRS 484.606 to 484.6069
, inclusive, do not prevent the
service, repair or replacement of an odometer, if the mileage indicated
on such odometer remains the same as before the service, repair or
replacement.
2. Where the odometer is incapable of registering the same mileage
as before such service, repair or replacement, the odometer shall be
adjusted to read zero and a notice in writing shall be attached to the
left door frame of the vehicle by the owner or his agent, specifying the
mileage prior to repair or replacement of the odometer and the date on
which it was repaired or replaced. Any such notice shall not be removed
or altered.
(Added to NRS by 1973, 373)
The Department shall enforce the provisions of 49
U.S.C. §§ 32701 et seq. and the regulations adopted pursuant thereto.
(Added to NRS by 1995, 155)
1. A person is guilty of a gross misdemeanor if he knowingly sells
a motor vehicle whose odometer has been altered for the purpose of fraud.
2. Except as provided in subsection 1, any person who violates the
provisions of NRS 484.606 to 484.6069
, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1973, 373; A 1979, 1390)
Any person who, with an intent to
defraud, violates any requirement imposed by NRS 484.606 to 484.6069 , inclusive, is liable to the person harmed by
such act or acts, in an amount equal to the sum of:
1. Three times the amount of actual damages sustained by the
person harmed or $1,500, whichever is greater; and
2. If the action of the person harmed is successful in enforcing
the liability imposed by subsection 1, the costs of the action together
with reasonable attorney’s fees, as determined by the court.
(Added to NRS by 1973, 373)
The Attorney General or the
district attorney of the proper county may bring an action in the
district courts of this State to enjoin a violation of NRS 484.606 to 484.6069 , inclusive.
(Added to NRS by 1973, 373)
Other Equipment
1. Every motor vehicle when operated upon a highway must be
equipped with a horn in good working order and capable of emitting sound
audible under normal conditions from a distance of not less than 200
feet, but the horn or other warning device must not emit an unreasonably
loud or harsh sound or a whistle.
2. A person driving a motor vehicle shall, when reasonably
necessary to ensure safe operation, give audible warning with his horn,
but shall not otherwise use the horn when upon a highway.
3. A vehicle must not be equipped with, and a person shall not use
upon a vehicle, a siren, whistle or bell, except as otherwise provided in
this chapter.
4. It is permissible, but not required, to equip a vehicle with a
theft alarm which is arranged so that it cannot be used by the driver as
an ordinary warning signal.
5. An authorized emergency vehicle may be equipped with a siren,
whistle or bell, capable of emitting sound audible under normal
conditions from a distance of not less than 500 feet, but the siren must
not be used except when the vehicle is operated in response to an
emergency call or in the immediate pursuit of an actual or suspected
violator of the law, in which event the driver of the vehicle may sound
the siren to warn pedestrians and other drivers of his approach. A driver
of an emergency vehicle may operate the vehicle’s warning lamps without
sounding the siren.
6. A driver of an emergency vehicle who operates the vehicle’s
warning lamps without sounding the siren shall be deemed to have
adequately warned pedestrians and other drivers of his approach for the
purpose of determining whether the driver met the duty to drive with due
regard for the safety of all persons pursuant to NRS 484.261 .
[8:166:1925; A 1939, 316; 1931 NCL § 4357]—(NRS A 1987, 1343; 2001,
740 )
1. It is unlawful for any person to operate or cause to be
operated upon the public highways of the State of Nevada any out-of-state
or foreign privately owned motor vehicle equipped with a red light or
siren attached thereto as a part of the equipment of the vehicle.
2. This section is not intended to repeal, amend or in any manner
change the existing law insofar as it applies to domestic and foreign
motor vehicles except in the particular instance set out in subsection 1
and this section does not apply to motor vehicles registered in foreign
states having reciprocal arrangements made with the Department in
relation to the use of red lights and sirens upon out-of-state motor
vehicles.
3. A violation of the provisions of this section is punishable by
a fine of not more than $250.
[1:118:1951] + [2:118:1951] + [3:118:1951]—(NRS A 1957, 615; 1967,
595; 1985, 1952)
1. Not later than January 1, 1972, the Department shall adopt
rules and regulations:
(a) Governing total maximum noise emissions for vehicles operating
on the highways of this State.
(b) Governing maximum noise emission standards for new motor
vehicles sold in this State.
2. Rules and regulations adopted pursuant to this section shall:
(a) Take into consideration all facts and circumstances bearing
upon the technical and economic feasibility of and the reasonableness of
compliance with such rules and regulations.
(b) Be consistent with any standards adopted by any federal agency
governing noise emissions for vehicles in use or applying to the
manufacturer of vehicles.
3. Rules and regulations adopted pursuant to this section shall
also prescribe testing procedures and instrumentation to be used, taking
into consideration the testing procedures of the Society of Automotive
Engineers.
4. The Department shall, from time to time, after initial adoption
of rules and regulations and, as new facts concerning the control of
vehicle noise become available, make such amendments to the rules and
regulations as is required to maintain the highest level of vehicle noise
emission control consistent with the provisions of subsection 2.
5. On and after the effective date of the rules and regulations
adopted pursuant to this section it shall be unlawful to operate on the
highways of this State any vehicle or to sell or offer for sale in this
State any vehicle which fails to comply with the emission levels
established by such rules and regulations.
(Added to NRS by 1971, 921)
1. Every motor vehicle shall at all times be equipped with a
muffler in good working order and in constant operation to prevent
emissions greater than those allowed by rules and regulations established
by the Department. No person shall use a muffler cutout, bypass or
similar device upon a motor vehicle on a highway.
2. The engine and power mechanism of every motor vehicle shall be
so equipped and adjusted as to prevent the escape of excessive fumes or
smoke.
(Added to NRS by 1969, 1208; A 1971, 921)
Every truck, truck-tractor, trailer,
semitrailer or combination of those vehicles having a manufacturer’s
gross vehicle weight rating of 26,000 pounds or more, when operated upon
a highway, must be equipped with mudguards suspended behind its rear
wheels.
(Added to NRS by 1987, 437)
Every truck using the highways of
this State, having a body of such width or height that obscures a view of
the road to the rear, shall be equipped with a mirror carried in such
position that the driver of the truck shall be able to see reflected in
the mirror traffic approaching from the rear.
[20:166:1925; NCL § 4370]—(Substituted in revision for NRS 484.480)
On and after January
1, 1970, every motor vehicle, operated singly or when towing any other
vehicle, shall be equipped with a mirror so located as to reflect to the
driver a view of the highway for a distance of at least 200 feet to the
rear of such motor vehicle.
(Added to NRS by 1969, 1208)
1. A person shall not drive any motor vehicle with any sign,
poster or other nontransparent material upon the front windshield, side
wings or side or rear windows of such vehicle which obstructs the
driver’s clear view of the highway or any intersecting highway.
2. This section shall not apply to any sign, poster or other
material displayed in the 6-inch square area of the lower corner of the
windshield farthest removed from the driver or to any other material
required to be displayed on a windshield or window by federal or state
law.
(Added to NRS by 1969, 1208)
1. As used in this section, unless the context otherwise requires,
“light transmission” means the ratio of the amount of light which is
allowed to pass through a product or material to the amount of light
which falls on it.
2. Except as otherwise provided in subsections 3, 4 and 5 a person
shall not:
(a) Place, install, affix or apply upon the windshield or any side
or rear window of a motor vehicle which is required to be registered in
this State; or
(b) Operate on any highway a motor vehicle required to be
registered in this State on which there has been placed, installed,
affixed or applied upon the windshield or any side or rear window of the
motor vehicle,
Ê any transparent material which alters the color or reduces the light
transmission of the windshield or side or rear window.
3. The prohibition set forth in subsection 2 does not apply to:
(a) A window that is to the immediate right or left of the driver
if the window is:
(1) Nonreflective; and
(2) Has a total light transmission through the combination,
if any, of transparent material and safety glazing of not less than 35
percent with a tolerance of 7 percent.
(b) A side window that is to the rear of the driver, or a rear
window, if the vehicle has outside mirrors on each side that are located
so as to reflect to the driver a view of the highway through each mirror
for a distance of not less than 200 feet to the rear of the vehicle.
(c) Any transparent material that is installed, affixed or applied
to the topmost portion of the windshield if:
(1) The bottom edge of the material is not less than 29
inches above the undepressed driver’s seat when measured from a point 5
inches in front of the bottom of the backrest with the driver’s seat in
its rearmost and lowermost position with the vehicle on a level surface;
and
(2) The material is not red or amber in color.
4. The prohibition set forth in paragraph (b) of subsection 2 does
not apply to a motor vehicle with a model year of 1993 or older, if
transparent material was placed, installed, affixed or applied upon the
windshield or any side or rear window of the motor vehicle before July 1,
1993.
5. This section does not prohibit the operation or sale of a motor
vehicle which has a windshield or windows that are covered by or treated
with any material, if the vehicle was sold when new or could have been
sold when new with such material as standard or optional equipment
without violating any federal statute or regulation governing the sale at
the time of manufacture.
6. The Director may, by regulation, provide for exemptions and
exceptions from the provisions of subsection 2.
7. For the purposes of NRS 483.473 , a violation of subsection 2 is not a moving
traffic violation.
(Added to NRS by 1993, 2433)
1. Every motor vehicle, except motorcycles or mopeds, equipped
with a windshield shall be equipped with a self-operating windshield
wiper system which shall be so constructed as to be controlled by the
driver.
2. The windshield wiper system with which the vehicle is equipped
shall be maintained in good operating condition and capable of
effectively clearing the windshield so as to provide clear vision through
the windshield for the driver under all ordinary conditions of rain, snow
or other moisture.
3. The wiper system shall be operated while the vehicle is being
driven during conditions of rain, snow or other moisture which obstruct
or reduce the driver’s clear view through the windshield.
4. Subsection 1 does not apply to highway maintenance vehicles,
special mobile equipment, implements of husbandry, or vehicles
manufactured before July 1, 1935, with adequate manually operated
windshield wipers.
(Added to NRS by 1969, 1209; A 1971, 1474; 1975, 205, 1081)
1. It is unlawful for any person to sell, offer for sale or drive
any motor vehicle manufactured after January 1, 1970, unless the vehicle
is equipped with safety glazing material wherever glazing materials are
used in the vehicle for partitions, doors, windows, windshields or wind
deflectors.
2. It is unlawful for any person to sell or offer for sale any
camper manufactured after January 1, 1970, or for any person to drive
such a motor vehicle registered in this State which is equipped with a
camper, unless the camper is equipped with safety glazing materials
wherever glazing materials are used in outside windows and doors. As used
in this subsection, “camper” means any structure designed to be loaded
onto, or affixed to, a motor vehicle to provide temporary living quarters
for recreation, travel or other use.
3. As used in this section, “safety glazing materials” means
glazing materials so constructed, treated or combined with other
materials as to reduce substantially, in comparison with ordinary sheet
glass, the likelihood of injury to persons by objects from exterior
sources or by the safety glazing materials when they may be cracked or
broken.
4. The Department shall establish specifications or requirements
for approved safety glazing material which must not be lower in standard
than those specifications or requirements for safety glazing material
established by the American National Standards Institute Safety Code
Z26.1-1950, and shall maintain a list of approved safety glazing material.
(Added to NRS by 1969, 1208; A 1975, 33; 1985, 1953)
It is unlawful for
any person to replace glazing materials used in partitions, doors,
windows, windshields or wind deflectors in any motor vehicle, or in the
outside windows or doors of any camper, as defined in NRS 484.623 , with any glazing material other than safety
glazing material, as defined in NRS 484.623 .
(Added to NRS by 1969, 1209)
1. Every bus, truck and truck-tractor and every combination of
vehicles 80 inches or more in overall width, except implements of
husbandry, shall be equipped with at least three pot torches, three red
electric lanterns or three red emergency reflectors.
2. Except as otherwise provided in subsections 3, 4 and 5, when
any such vehicle is disabled on any portion of the traveled portion of a
highway during any time specified in NRS 484.545 , such torches, lanterns or reflectors shall be
placed as soon as possible as follows:
(a) One at the traffic side of the vehicle, not more than 10 feet
to the front or rear thereof;
(b) One at a distance of approximately 100 feet to the rear of the
disabled vehicle in the center of the traffic lane occupied by such
vehicle; and
(c) One at a distance of approximately 100 feet to the front of the
vehicle in the center of the traffic lane occupied by such vehicle.
3. If the vehicle is disabled within 500 feet of a curve, crest of
a hill or other obstruction to view, the torch, lantern or reflector to
be placed in that direction shall be placed so as to afford ample warning
to other users of the highway, but not less than 100 feet or more than
500 feet from the vehicle.
4. When any such vehicle is disabled on any portion of the
traveled portion of a one-way highway with two or more traffic lanes
during any time specified in NRS 484.545 , such torches, lanterns or reflectors shall be
placed as soon as possible as provided in subsection 2, except that the
torch, lantern or reflector to be placed at the front of the vehicle
shall be placed 200 feet to the rear of the vehicle.
5. When any such vehicle is disabled or parked off the traveled
portion of a highway, but within 10 feet of such portion, during any time
specified in NRS 484.545 , such torches,
lanterns or reflectors shall be placed as soon as possible as follows:
(a) One at the traffic side of the vehicle not more than 10 feet to
the rear of the vehicle;
(b) One at a distance of approximately 100 feet to the rear of the
vehicle; and
(c) One at a distance of approximately 200 feet to the rear of the
vehicle.
6. When any such vehicle is equipped with front turn signals which
flash simultaneously and rear turn signals which flash simultaneously or
with fusees, such turn signals shall be immediately operated or such
fusees shall be placed as provided in this section for the placing of
torches, lanterns or reflectors until such torches, lanterns or
reflectors have been placed.
(Added to NRS by 1969, 1205)
When utility or public utility vehicles
are parked, stopped or standing at the site of work as described in NRS
484.583 , warning devices shall be
displayed as follows:
1. During daylight, warning devices shall consist of either:
(a) A warning flag or barricade striping on the front and rear of
the vehicle.
(b) A warning flag, sign or barrier on the highway not more than 50
feet in advance of the vehicle and not more than 50 feet to the rear
thereof, except that in zones where the speed limit is in excess of 25
miles per hour the 50-foot distance may be increased up to 500 feet from
the vehicle as circumstances may warrant.
2. During darkness, the warning devices shall consist of either:
(a) One or more flashing amber warning lights on the vehicle giving
warning to approaching traffic from each direction; or
(b) A warning light, flare, fusee or reflector on the highway not
more than 50 feet in advance of the vehicle and not more than 50 feet to
the rear thereof, except that in zones where the speed limit is in excess
of 25 miles per hour the 50-foot distance may be increased up to 500 feet
from the vehicle where circumstances may warrant.
3. The provisions of subsection 1 or 2 do not prevent the display
of both types of the warning devices during daylight or darkness.
4. During either daylight or darkness, no warning device is
necessary if the vehicle is equipped with the flashing warning lights
visible to approaching traffic from each direction as provided in
subsection 2.
(Added to NRS by 1963, 1267)—(Substituted in revision for NRS
484.417)
1. Tow cars must be equipped with:
(a) One or more brooms, and the driver of the tow car engaged to
remove a disabled vehicle from the scene of an accident shall remove all
glass and debris deposited upon the roadway by the disabled vehicle which
is to be towed.
(b) A shovel, and whenever practical the driver of the tow car
engaged to remove any disabled vehicle shall spread dirt upon any portion
of the roadway where oil or grease has been deposited by the disabled
vehicle.
(c) At least one fire extinguisher of the dry chemical or carbon
dioxide type, with minimum effective chemicals of no less than 5 pounds,
with an aggregate rating of at least 10-B, C units, which must bear the
approval of a laboratory nationally recognized as properly equipped to
grant such approval.
2. A citation may be issued to any driver of a tow car who
violates any provision of paragraph (a) of subsection 1. The peace
officer who issues the citation shall report the violation to the Nevada
Highway Patrol or the sheriff of the county or the chief of police of the
city in which the roadway is located. If necessary, the Nevada Highway
Patrol, sheriff or chief of police shall cause the roadway to be cleaned
and shall bill the owner or operator of the tow car for the costs of the
cleaning. If the owner or operator does not pay those costs within 30
days after receiving the bill therefor, the Nevada Highway Patrol,
sheriff or chief of police shall report such information to the
Transportation Services Authority, which may take disciplinary action in
accordance with the provisions of NRS 706.449 .
(Added to NRS by 1963, 1267; A 1981, 866; 1991, 246; 1997, 2009)
Tow cars used to tow disabled
vehicles must be equipped with:
1. Flashing amber warning lamps which must be displayed as may be
advisable to warn approaching drivers during the period of preparation at
the location from which a disabled vehicle is to be towed. A flashing
amber warning lamp upon a tow car may be displayed to the rear when the
tow car is towing a vehicle and moving at a speed slower than the normal
flow of traffic.
2. At least two red flares, two red lanterns or two warning lights
or reflectors which may be used in conjunction with the flashing amber
warning lamps or in place of those lamps if the lamps are obstructed or
damaged at the location from which a disabled vehicle is to be towed.
(Added to NRS by 1963, 1268; A 1985, 1041)
1. Tow cars used to tow vehicles shall be equipped with and carry
a rear lamp, a stop lamp and a portable electric extension cord for use
in displaying the lamp on the rear of the disabled vehicle.
2. Whenever a disabled vehicle is towed, the tow car operator
shall connect and display such lamps, or a combination of them, on the
rear of the disabled vehicle by means of the extension cord.
(Added to NRS by 1963, 1268; A 1975, 129)
1. A manufacturer of a new motor vehicle which is sold or leased
in this State and which is equipped with an event recording device shall
disclose that fact in the owner’s manual for the vehicle. The disclosure
must include, if applicable, a statement that the event recording device:
(a) Records the direction and rate of speed at which the motor
vehicle travels;
(b) Records a history of where the motor vehicle travels;
(c) Records steering performance;
(d) Records brake performance, including, without limitation,
whether the brakes were applied before an accident;
(e) Records the status of the driver’s safety belt; and
(f) If an accident involving the motor vehicle occurs, is able to
transmit information concerning the accident to a central communications
system.
2. Except as otherwise provided in this section, data recorded by
an event recording device may not be downloaded or otherwise retrieved by
a person other than the registered owner of the vehicle. Data recorded by
an event recording device may be downloaded or otherwise retrieved by a
person other than the registered owner of the vehicle:
(a) If the registered owner of the vehicle consents to the
retrieval of the data.
(b) Pursuant to the order of a court of competent jurisdiction.
(c) If the data is retrieved for the purpose of conducting research
to improve motor vehicle safety, including, without limitation,
conducting medical research to determine the reaction of a human body to
motor vehicle accidents, provided that the identity of the registered
owner or driver is not disclosed in connection with the retrieval of that
data. The disclosure of a vehicle identification number pursuant to this
paragraph does not constitute the disclosure of the identity of the
registered owner or driver of the vehicle.
(d) If the data is retrieved by a new vehicle dealer or a garageman
to diagnose, service or repair the motor vehicle.
(e) Pursuant to an agreement for subscription services for which
disclosure required by subsection 4 has been made.
3. A person who retrieves data from an event recording device
pursuant to paragraph (c) of subsection 2 shall not disclose that data to
any person other than a person who is conducting research specified in
that paragraph.
4. If a motor vehicle is equipped with an event recording device
that is able to record or transmit any information described in
subparagraph (2) or (6) of paragraph (a) of subsection 6 and that ability
is part of a subscription service for the motor vehicle, the fact that
the information may be recorded or transmitted must be disclosed in the
agreement for the subscription service.
5. Any person who violates the provisions of this section is
guilty of a misdemeanor.
6. As used in this section:
(a) “Event recording device” means a device which is installed by
the manufacturer of a motor vehicle and which, for the purposes of
retrieving data after an accident involving the motor vehicle:
(1) Records the direction and rate of speed at which the
motor vehicle travels;
(2) Records a history of where the motor vehicle travels;
(3) Records steering performance;
(4) Records brake performance, including, without
limitation, whether the brakes were applied before an accident;
(5) Records the status of the driver’s safety belt; or
(6) If an accident involving the motor vehicle occurs, is
able to transmit information concerning the accident to a central
communications system.
(b) “Garageman” has the meaning ascribed to it in NRS 487.545
.
(c) “New vehicle dealer” has the meaning ascribed to it NRS 482.078
.
(d) “Owner” means:
(1) A person having all the incidents of ownership,
including the legal title of the motor vehicle, whether or not he lends,
rents or creates a security interest in the motor vehicle;
(2) A person entitled to possession of the motor vehicle as
the purchaser under a security agreement; or
(3) A person entitled to possession of the motor vehicle as
a lessee pursuant to a lease agreement if the term of the lease is more
than 3 months.
(Added to NRS by 2005, 1358 )
1. A person shall not drive any motor vehicle equipped with
television-type receiving equipment so located that the viewer or screen
is visible from the driver’s seat.
2. This section does not prohibit the use of television-type
receiving equipment used exclusively for traffic safety, law enforcement
or the navigation of a motor vehicle.
(Added to NRS by 1969, 1208; A 1995, 10)
[Effective until the date the Federal Government rescinds the requirement
for the installation of automatic restraints in new private passenger
motor vehicles, if that action is based upon the enactment or continued
operation of certain amendatory and transitory provisions contained in
chapter 480, Statutes of Nevada 1987.]
1. It is unlawful to drive a passenger car manufactured after:
(a) January 1, 1968, on a highway unless it is equipped with at
least two lap-type safety belt assemblies for use in the front seating
positions.
(b) January 1, 1970, on a highway, unless it is equipped with a
lap-type safety belt assembly for each permanent seating position for
passengers. This requirement does not apply to the rear seats of vehicles
operated by a police department or sheriff’s office.
(c) January 1, 1970, unless it is equipped with at least two
shoulder-harness-type safety belt assemblies for use in the front seating
positions.
2. Any person driving, and any passenger who:
(a) Is 6 years of age or older; or
(b) Weighs more than 60 pounds, regardless of age,
Ê who rides in the front or back seat of any vehicle described in
subsection 1, having an unladen weight of less than 10,000 pounds, on any
highway, road or street in this State shall wear a safety belt if one is
available for his seating position.
3. A citation must be issued to any driver or to any adult
passenger who fails to wear a safety belt as required by subsection 2. If
the passenger is a child who:
(a) Is 6 years of age or older but less than 18 years of age,
regardless of weight; or
(b) Is less than 6 years of age but who weighs more than 60 pounds,
Ê a citation must be issued to the driver for his failure to require that
child to wear the safety belt, but if both the driver and that child are
not wearing safety belts, only one citation may be issued to the driver
for both violations. A citation may be issued pursuant to this subsection
only if the violation is discovered when the vehicle is halted or its
driver arrested for another alleged violation or offense. Any person who
violates the provisions of subsection 2 shall be punished by a fine of
not more than $25 or by a sentence to perform a certain number of hours
of community service.
4. A violation of subsection 2:
(a) Is not a moving traffic violation under NRS 483.473 .
(b) May not be considered as negligence or as causation in any
civil action or as negligent or reckless driving under NRS 484.377 .
(c) May not be considered as misuse or abuse of a product or as
causation in any action brought to recover damages for injury to a person
or property resulting from the manufacture, distribution, sale or use of
a product.
5. The Department shall exempt those types of motor vehicles or
seating positions from the requirements of subsection 1 when compliance
would be impractical.
6. The provisions of subsections 2 and 3 do not apply:
(a) To a driver or passenger who possesses a written statement by a
physician certifying that he is unable to wear a safety belt for medical
or physical reasons;
(b) If the vehicle is not required by federal law to be equipped
with safety belts;
(c) To an employee of the United States Postal Service while
delivering mail in the rural areas of this State;
(d) If the vehicle is stopping frequently, the speed of that
vehicle does not exceed 15 miles per hour between stops and the driver or
passenger is frequently leaving the vehicle or delivering property from
the vehicle; or
(e) Except as otherwise provided in NRS 484.6415 , to a passenger riding in a means of public
transportation, including a school bus or emergency vehicle.
7. It is unlawful for any person to distribute, have for sale,
offer for sale or sell any safety belt or shoulder harness assembly for
use in a motor vehicle unless it meets current minimum standards and
specifications of the United States Department of Transportation.
(Added to NRS by 1969, 1209; A 1985, 1953, 2294; 1987, 1106; 2001
Special Session, 151 ; 2003, 274 , 506 , 2080 )
[Effective
on the date the Federal Government rescinds the requirement for the
installation of automatic restraints in new private passenger motor
vehicles, if that action is based upon the enactment or continued
operation of certain amendatory and transitory provisions contained in
chapter 480, Statutes of Nevada 1987.]
1. It is unlawful to drive a passenger car manufactured after
January 1, 1968, on a highway unless it is equipped with at least two
lap-type safety belt assemblies for use in the front seat positions.
2. It is unlawful to drive a passenger car manufactured after
January 1, 1970, on a highway, unless it is equipped with a lap-type
safety belt assembly for each permanent passenger-seating position. This
requirement does not apply to the rear seats of vehicles operated by a
police department or sheriff’s office.
3. It is unlawful to drive a passenger car manufactured after
January 1, 1970, unless it is equipped with at least two
shoulder-harness-type safety belt assemblies for use in the front seating
positions.
4. The Department shall exempt those types of motor vehicles or
seating positions from the requirements of this section when compliance
would be impractical.
5. It is unlawful for any person to distribute, have for sale,
offer for sale or sell any safety belt or shoulder harness assembly for
use in a motor vehicle unless it meets current minimum standards and
specifications of the United States Department of Transportation.
(Added to NRS by 1969, 1209; A 1985, 1953, 2294; 1987, 1106; 2001
Special Session, 151 ; 2003, 274 , 506 , 2080 , effective on the date the Federal
Government rescinds the requirement for the installation of automatic
restraints in new private passenger motor vehicles, if that action is
based upon the enactment or continued operation of certain amendatory and
transitory provisions contained in chapter 480, Statutes of Nevada 1987)
1. Any passenger 18 years of age or older who rides in the front
or back seat of any taxicab on any highway, road or street in this State
shall wear a safety belt if one is available for his seating position,
except that this subsection does not apply:
(a) To a passenger who possesses a written statement by a physician
certifying that he is unable to wear a safety belt for medical or
physical reasons; or
(b) If the taxicab was not required by federal law at the time of
initial sale to be equipped with safety belts.
2. A citation must be issued to any passenger who violates the
provisions of subsection 1. A citation may be issued pursuant to this
subsection only if the violation is discovered when the vehicle is halted
or its driver arrested for another alleged violation or offense. Any
person who violates the provisions of subsection 1 shall be punished by a
fine of not more than $25 or by a sentence to perform a certain number of
hours of community service.
3. A violation of subsection 1:
(a) Is not a moving traffic violation under NRS 483.473 .
(b) May not be considered as negligence or as causation in any
civil action or as negligent or reckless driving under NRS 484.377 .
(c) May not be considered as misuse or abuse of a product or as
causation in any action brought to recover damages for injury to a person
or property resulting from the manufacture, distribution, sale or use of
a product.
4. An owner or operator of a taxicab shall post a sign within each
of his taxicabs advising passengers that they must wear safety belts
while being transported by the taxicab. Such a sign must be placed within
the taxicab so as to be visible to and easily readable by passengers,
except that this subsection does not apply if the taxicab was not
required by federal law at the time of initial sale to be equipped with
safety belts.
(Added to NRS by 2003, 505 )
1. The Director, after a hearing, may adopt rules and regulations
relating to pneumatic vehicle tires as he determines necessary to provide
for public safety.
(a) In adopting these regulations, the Department shall consider,
as evidence of generally accepted standards, the rules and regulations of
the Federal Highway Administration, the National Highway Traffic Safety
Administration and publications of the Rubber Manufacturers Association.
(b) Adopted rules and regulations shall specify:
(1) Minimum tread depth of tires being operated on the
highways; and
(2) Prohibitions on the use of recut or regrooved tires.
2. After adoption of such rules and regulations, no dealer or
person holding a retail seller’s license shall sell, offer for sale,
expose for sale or install on a vehicle for use on a highway a pneumatic
tire which is not in compliance with such rules and regulations.
3. After adoption of such rules and regulations, no person shall
use on a highway a pneumatic tire which is not in conformance with the
rules and regulations.
(Added to NRS by 1973, 219)
1. Except as provided in subsection 2, a person shall not operate
any motor vehicle equipped with tires which have on the periphery any
block, flange, cleat, ridge, bead or any other protuberance of metal or
wood which projects beyond the thread of the traction surface of the tire.
2. This section does not prohibit:
(a) Tire chains or traction devices approved by the Director.
(b) Pneumatic tires which have embedded therein wire not exceeding
0.075 inch in diameter and which are so constructed that under no
conditions will the percentage of metal in contact with the roadway
exceed 5 percent of the total tire area in contact with the roadway,
except that during the first 1,000 miles of use, the metal in contact
with the roadway may exceed 5 percent of the tire area in contact with
the roadway but must not exceed 20 percent of that area.
(c) Pneumatic tires containing metal-type studs of tungsten carbide
or other suitable material which are so inserted or constructed that
under no conditions will the percentage of metal in contact with the
roadway exceed 3 percent of the total tire area in contact with the
roadway, but such tires may only be used between October 1 and April 30.
(d) The operation of vehicles upon unimproved roadways when
necessary in the construction or repair of highways.
(e) The operation of traction engines or tractors under conditions
of a permit first obtained from the Department of transportation with
respect to highways under its jurisdiction or the governing body of a
city or county with respect to roads under its jurisdiction.
(Added to NRS by 1975, 176; A 1979, 858, 1806; 1989, 1050)
1. It is unlawful for any person to operate a motor vehicle,
whether it is an emergency vehicle or otherwise, without traction
devices, tire chains or snow tires upon any street or highway, under icy
or snowy conditions, when the highway is marked or posted with signs for
the requirement of traction devices, chains or snow tires.
2. The Director shall adopt regulations defining “traction
device,” “tire chain” and “snow tire.” The Director shall consider
regulations of the Federal Highway Administration and the National
Highway Traffic Safety Administration and publications of the Rubber
Manufacturers Association. The regulations must specify minimum standards
for patterns of tread on snow tires which will provide adequate traction
in mud and snow.
[1.6:166:1925; added 1955, 630]—(NRS A 1957, 336; 1981, 866; 1985,
643; 1987, 1344; 1989, 1051)
1. If a highway in this State is marked or posted with signs
requiring the use of traction devices, tire chains or snow tires, a motor
vehicle or combination of vehicles must be equipped with:
(a) Traction devices, tire chains or snow tires if it has a gross
weight or combined gross weight of 10,000 pounds or less.
(b) Tire chains if it has a gross weight or combined gross weight
of more than 10,000 pounds.
2. If a highway in this State is marked or posted with signs
requiring the use of traction devices or tire chains on all motor
vehicles except vehicles with 4-wheel drive and snow tires on all wheels,
all such motor vehicles must be equipped with traction devices or tire
chains.
(Added to NRS by 1987, 1342; A 1989, 1051)
If a motor vehicle is required to be equipped
with traction devices, tire chains or snow tires, the devices or chains
must be installed or the tires must be mounted on at least two:
1. Driving wheels of the motor vehicle; and
2. Braking wheels of any trailing vehicle in a combination of
vehicles if that trailing vehicle is equipped or required to be equipped
with brakes.
(Added to NRS by 1987, 1343; A 1989, 1052)
If mechanical
devices are mounted on both sides of a motor vehicle which, when
activated by the driver, provide traction by deploying a chain of metal
cross members under a tire while the vehicle is in motion, the:
1. Cross members must extend across at least 85 percent of the
width of the tire; and
2. Devices may be used only upon the drive axles of the vehicle.
(Added to NRS by 1987, 1343)
1. Except as provided in subsection 2, a person shall not operate
or leave standing on any highway any motor vehicle which is required by
state or federal law to be equipped with a device for the control of
pollution from motor vehicles unless the device is correctly installed
and in operating condition. A person shall not disconnect, alter or
modify any such required device.
2. The provisions of this section do not apply to:
(a) An alteration or modification found by the State Environmental
Commission not to reduce the effectiveness of the required device.
(b) Motor vehicles which have been licensed by the Department as
experimental vehicles.
(c) Any vehicle which has been granted a waiver or exemption from
the regulations for the control of emissions from motor vehicles.
(Added to NRS by 1971, 1203; A 1973, 5, 1705; 1979, 568, 1034;
1985, 340, 1954)
Violation of the provisions of NRS 484.644
is a misdemeanor. Whenever any motor
vehicle is found by any peace officer to be in violation of the
provisions of NRS 484.644 , and a notice
to appear or citation is issued, it may require that the person named
therein shall produce in court proof that such vehicle or its equipment
has been made to conform to the provisions of NRS 484.644 .
(Added to NRS by 1971, 1203)
1. After September 15, 1975, when any vehicle or combination of
vehicles designed for and is operated at speeds of 25 miles per hour or
less is moved on a highway, whether pulled, towed or self-propelled in
daytime or nighttime, the vehicle or combination must have displayed an
emblem for slow moving vehicles, except as provided in subsection 3.
2. Use of such an emblem is restricted to the type of vehicle or
combination specified in subsection 1, and the use of the emblem on any
other type of vehicle or any stationary object on or beside a highway is
unlawful.
3. A vehicle or combination of vehicles of the type specified in
subsection 1 is not required to have displayed such an emblem if the
vehicle or combination is moved only on a highway not open to public use
or is guarded by flagmen or flares.
4. The requirement for such an emblem is in addition to any lights
or warning flags required by this chapter.
5. The Department shall adopt standards for emblems for slow
moving vehicles which conform to standards adopted by the American
Society of Agricultural Engineers.
6. The emblem must be mounted, with a point up, on a plane
perpendicular to the direction of travel, and located on the rear of the
vehicle.
(Added to NRS by 1975, 277; A 1985, 1954)
INSPECTION OF VEHICLES
1. Peace officers and inspectors of the Department, in pursuance
of assigned duty, having reasonable cause to believe that any vehicle or
combination of vehicles is not equipped as required by this chapter or is
in such unsafe condition as to endanger the driver or other occupant or
any person upon a public highway or does not comply with any standards
for tires or brakes adopted pursuant to subsection 4, may require the
driver thereof to stop and submit the vehicle or combination of vehicles
to an inspection of the mechanical condition or equipment thereof and
such tests with reference thereto as may be appropriate.
2. If a vehicle or combination of vehicles is found to be in an
unsafe mechanical condition or is not equipped as required by this
chapter or does not comply with any standards for tires or brakes adopted
pursuant to subsection 4, the peace officer or inspector causing the
inspection to be made may give the owner of the vehicle a citation or
notice of violation and further require the owner of the vehicle to
produce in court or the office of the peace officer or inspector
satisfactory evidence that the vehicle or its equipment has been made to
conform with the requirements of this chapter and regulations adopted
pursuant thereto.
3. The Director may establish centers for the inspection of motor
vehicles for safety at the branch offices of the Department for the
purpose of inspecting vehicles intended to be registered in the State of
Nevada. Inspections at these centers are limited to examination of tires
and brakes on motor vehicles which have a declared gross weight of less
than 10,000 pounds and which were manufactured more than 2 years before
the date of inspection.
4. The Director shall adopt regulations prescribing the standards
for tires and brakes.
[Part 21 1/2:166:1925; added 1951, 466]—(NRS A 1975, 1068; 1981,
867; 1985, 1839, 1955; 1999, 1146 )
1. Except as otherwise provided in subsection 2 and NRS 706.235
:
(a) A person shall not operate any vehicle after notice of an
unsafe condition or that the vehicle is not equipped as required by this
chapter, unless it is necessary to return the vehicle to the residence or
place of business of the owner or driver or to a garage and operation of
the vehicle is not further limited by NRS 706.246 .
(b) If any peace officer or vehicle safety inspector finds that any
vehicle is unsafe to a degree that continued operation would endanger the
driver, any other occupant or any person on a public highway, the officer
or inspector may require that the driver cease operation of the vehicle
or that the vehicle be taken to the nearest garage or other safe place.
2. If the vehicle is transporting wet concrete or other perishable
cargo and does not pose an immediate threat to the life of the driver or
any other person upon a public highway, and if the destination of the
vehicle is within a distance of not more than 15 miles, the peace officer
or vehicle safety inspector shall permit the vehicle to proceed to its
destination and unload its cargo. Upon the arrival of the vehicle at its
destination, the officer or inspector may order that the vehicle be
taken, after the cargo of the vehicle has been unloaded, to the nearest
garage or other place where the vehicle may be safely repaired.
[Part 21 1/2:166:1925; added 1951, 466]—(NRS A 1975, 1068; 1985,
340, 871; 1993, 2748)
Whenever the driver of a vehicle is directed by a
peace officer or vehicle safety inspector in pursuance of assigned duty,
to stop and submit the mechanical condition of the vehicle or its
equipment to an inspection or test under conditions stated in NRS 484.695
, such driver shall stop and submit to
such inspection or test. A failure or refusal so to do or to cease
operation when required is a misdemeanor.
[Part 21 1/2:166:1925; added 1951, 466]—(NRS A 1975, 1069)
SIZE, WEIGHT AND LOAD
1. Except as otherwise provided in this section, a person shall
not drive, move, stop or park any vehicle or combination of vehicles, and
an owner shall not cause or knowingly permit any vehicle or combination
of vehicles to be driven, moved, stopped or parked, on any highway if the
vehicle or combination of vehicles exceeds in size or weight or gross
loaded weight the maximum limitation specified by law for that size,
weight and gross loaded weight unless the person or owner is authorized
to drive, move, stop or park the vehicle or combination of vehicles by a
special permit issued by the proper public authority.
2. If the Department of Transportation or a local law enforcement
agency determines that an emergency exists, the Department or the local
law enforcement agency may authorize a person to drive, move, stop or
park a vehicle or combination of vehicles without obtaining a special
permit pursuant to subsection 1. Such an authorization may be given
orally and may, if requested by a local law enforcement agency or a
public safety agency, include driving or moving the vehicle or
combination of vehicles to and from the site of the emergency. If a
person receives such an authorization, he shall, on the next business day
after receiving the authorization, obtain a special permit pursuant to
subsection 1.
3. This section does not apply to:
(a) Fire apparatus, highway machinery or snowplows temporarily
moved upon a highway.
(b) A farm tractor or other implement of husbandry temporarily
moved upon a highway other than an interstate highway or a
controlled-access highway.
(Added to NRS by 1969, 1507; A 2001, 1507 ; 2005, 72 )
1. Except as otherwise provided in subsections 2, 3 and 4, a
vehicle must not be operated on any highway of this State if its height,
including any load, exceeds 14 feet measured from the surface on which
the vehicle stands.
2. The maximum permissible height of a load of baled hay is 15
feet.
3. The Department of Transportation shall issue a continuing
permit, upon application, to the operator of a vehicle whose height
without load exceeds the limit imposed by subsection 1 if the vehicle was
registered and in operation on the highway of this State on April 15,
1973. Any such permit must provide only for the operation of the vehicle
over those portions of the highways of this State over which it was
customarily operated on April 15, 1973, and until it is replaced by
another vehicle.
4. It is unlawful to operate a vehicle governed by any of the
provisions of subsection 1, 2 or 3 over any portion of a highway where
the free clearance of any structure or encroachment is less than the
actual height of the vehicle and load.
(Added to NRS by 1973, 441; A 1979, 1807)
1. A motor vehicle must not be operated on any highway of this
State if the lowest portion of its body, as measured from the surface on
which the vehicle stands, exceeds, for passenger cars, 24 inches, and for
a truck or other motor vehicle having manufacturer’s gross vehicle weight
rating:
(a) Of 4,500 pounds or less, 28 inches.
(b) Of more than 4,500 pounds but less than 7,501 pounds, 30 inches.
(c) Of 7,501 pounds but less than 10,001 pounds, 32 inches.
2. The measurement taken to determine compliance with this section
must be taken from level ground to a portion of the body or parts
attached to the body which have not been added or altered from the
manufacturer’s original body design.
3. This section does not apply to a motor vehicle which:
(a) Was manufactured before 1935; or
(b) Has a manufacturer’s gross vehicle weight rating of 10,001
pounds or more.
(Added to NRS by 1987, 1472)
1. Except as otherwise provided in subsection 2, the length of a
bus may not exceed 45 feet and the length of a motortruck may not exceed
40 feet.
2. A passenger bus which has three or more axles and two sections
joined together by an articulated joint with a trailer which is equipped
with a mechanically steered rear axle may not exceed a length of 65 feet.
3. Except as otherwise provided in subsections 4, 7 and 9, no
combination of vehicles, including any attachments thereto coupled
together, may exceed a length of 70 feet.
4. The Department of Transportation, by regulation, shall provide
for the operation of combinations of vehicles in excess of 70 feet in
length. The regulations must establish standards for the operation of
such vehicles which must be consistent with their safe operation upon the
public highways and with the provisions of 23 C.F.R. § 658.23. Such
standards must include:
(a) Types and number of vehicles to be permitted in combination;
(b) Horsepower of a motortruck;
(c) Operating speeds;
(d) Braking ability; and
(e) Driver qualifications.
Ê The operation of such vehicles is not permitted on highways where, in
the opinion of the Department of Transportation, their use would be
inconsistent with the public safety because of a narrow roadway,
excessive grades, extreme curvature or vehicular congestion.
5. Combinations of vehicles operated under the provisions of
subsection 4 may, after obtaining a special permit issued at the
discretion of, and in accordance with procedures established by, the
Department of Transportation, carry loads not to exceed the values set
forth in the following formula: W=500 [LN/(N-1) + 12N + 36], wherein:
(a) W equals the maximum load in pounds carried on any group of two
or more consecutive axles computed to the nearest 500 pounds;
(b) L equals the distance in feet between the extremes of any group
of two or more consecutive axles; and
(c) N equals the number of axles in the group under consideration.
Ê The distance between axles must be measured to the nearest foot. If a
fraction is exactly one-half foot, the next largest whole number must be
used. The permits may be restricted in such manner as the Department of
Transportation considers necessary and may, at the option of the
Department, be cancelled without notice. No such permits may be issued
for operation on any highway where that operation would prevent this
State from receiving federal money for highway purposes.
6. Upon approving an application for a permit to operate
combinations of vehicles pursuant to subsection 5, the Department of
Transportation shall withhold issuance of the permit until the applicant
has furnished proof of compliance with the provisions of NRS 706.531
.
7. The load upon any motor vehicle operated alone, or the load
upon any combination of vehicles, must not extend beyond the front or the
rear of the vehicle or combination of vehicles for a distance of more
than 10 feet, or a total of 10 feet both to the front or the rear, and a
combination of vehicles and load thereon may not exceed a total of 75
feet without having secured a permit pursuant to subsection 4 or NRS
484.737 . The provisions of this
subsection do not apply to the booms or masts of shovels, cranes or water
well drilling and servicing equipment carried upon a vehicle if:
(a) The booms or masts do not extend by a distance greater than
two-thirds of the wheelbase beyond the front tires of the vehicle.
(b) The projecting structure or attachments thereto are securely
held in place to prevent dropping or swaying.
(c) No part of the structure which extends beyond the front tires
is less than 7 feet from the roadway.
(d) The driver’s vision is not impaired by the projecting or
supporting structure.
8. Lights and other warning devices which are required to be
mounted on a vehicle pursuant to this chapter must not be included in
determining the length of a vehicle or combination of vehicles and the
load thereon.
9. This section does not apply to:
(a) Vehicles used by a public utility for the transportation of
poles;
(b) A combination of vehicles consisting of a truck-tractor drawing
a semitrailer that does not exceed 53 feet in length;
(c) A combination of vehicles consisting of a truck-tractor drawing
a semitrailer and a trailer, neither of which exceeds 28 1/2 feet in
length; or
(d) A combination of vehicles consisting of a truck-tractor drawing
no more than three saddle-mounted vehicles and one full-mounted vehicle
that does not exceed 75 feet in length.
10. As used in this section:
(a) “Full-mounted vehicle” means a smaller vehicle mounted
completely on the frame of a saddle-mounted vehicle.
(b) “Motortruck” has the meaning ascribed to it in NRS 482.073
.
(c) “Saddle-mounted vehicle” means a vehicle forming part of a
combination of vehicles used in a driveaway-towaway operation that is
connected by a saddle mount to the frame or fifth-wheel coupling of the
vehicle in front of it.
(Added to NRS by 1967, 975; A 1969, 636; 1971, 723; 1973, 441;
1979, 1807; 1985, 659; 1989, 269; 1993, 1200; 1997, 100; 2003, 404 ; 2005, 73 )
Any person operating or
moving any vehicle or equipment over any highway who violates any length
limitation in this chapter is guilty of a misdemeanor.
(Added to NRS by 1967, 976; A 1969, 1508)
1. The Board of Directors of the Department of Transportation may
by resolution authorize the movement of vehicles upon the public
highways, including without limitation motor vehicles, tractors,
trailers, semitrailers and combinations thereof, of a size and weight in
excess of the limits prescribed by this chapter, to such extent as may be
authorized by any legislation enacted by the Congress of the United
States permitting such increases without forfeiture of this State’s
eligibility for federal aid in highway construction and maintenance.
2. The Board of Directors of the Department of Transportation may
by resolution establish a reasonable fee or fees to be charged by the
Department for the issuance of permits authorizing the operation of
oversize or overweight vehicles as provided in this chapter. The fee or
fees so established must be in an amount set so that the aggregate
amounts received from the fee or fees do not exceed the estimated costs
of administering the permit system.
(Added to NRS by 1965, 1145; A 1975, 206; 1979, 1808; 1987, 1794;
1989, 1313)
It is unlawful for any person to operate a motor
vehicle or combination of vehicles over any highway if the vehicle or
combination exceeds its declared gross weight, as that term is defined in
NRS 482.023 .
(Added to NRS by 1985, 1838)
1. Except as otherwise provided in NRS 484.737 , 484.743 ,
484.748 , 484.7485 and 484.752 , a vehicle may be operated or moved upon any
public highway if:
(a) The maximum weight on any single axle does not exceed 20,000
pounds.
(b) The maximum weight on any tandem axle does not exceed 34,000
pounds.
(c) The maximum weight per tire, measured by pounds per inch of
tire width, does not exceed 600 pounds per inch for a steering axle and
500 pounds per inch for all other axles.
(d) Except for a steering axle and axles that weigh less than
10,000 pounds, each axle has at least four tires if the tire width of
each tire on the axle is less than or equal to 14 inches. If the maximum
weight per tire does not exceed 500 pounds per inch of tire width, an
axle may be equipped with tires that have a width of more than 14 inches.
(e) Except as otherwise provided in subsection 2, the maximum
overall gross weight on any group of two or more consecutive axles does
not exceed the values set forth in the following formula: W=500 [LN/(N-1)
+ 12N + 36] wherein:
(1) W equals the maximum load in pounds carried on any group
of two or more consecutive axles computed to the nearest 500 pounds;
(2) L equals the distance in feet between the extremes of
any group of two or more consecutive axles; and
(3) N equals the number of axles in the group under
consideration.
2. Two consecutive sets of tandem axles may carry a gross load of
34,000 pounds each if the distance between the first and last axles of
the consecutive sets of axles is 36 feet or more.
3. As used in this section, “tire width” means the width set by
the manufacturer of the tire and inscribed on the sidewall of the tire.
[Part 23:122:1925; A 1929, 349; 1931, 136; 1947, 532; 1951, 263;
1953, 628; 1955, 45]—(NRS A 1975, 291; 1979, 1809; 1981, 219; 1991, 1693;
1993, 1415; 2003, 405 , 1413 ; 2005, 74 )
1. Except as otherwise provided in subsection 2, a vehicle used by
a licensed hauler of garbage and refuse may be operated or moved upon a
public highway, if the weight of the vehicle does not exceed:
(a) On a single axle, 22,000 pounds; or
(b) On a tandem axle, 40,000 pounds.
2. A vehicle must not be operated or moved upon a highway within
the designated interstate system, if the weight of the vehicle exceeds:
(a) On a single axle, 20,000 pounds;
(b) On a tandem axle, 34,000 pounds; or
(c) On any group of two or more consecutive axles, the values set
forth in the following formula: W=500 [LN/(N-1) + 12N + 36] wherein:
(1) W equals the maximum load in pounds carried on any group
of two or more consecutive axles computed to the nearest 500 pounds;
(2) L equals the distance in feet between the extremes of
any group of two or more consecutive axles; and
(3) N equals the number of axles in the group under
consideration.
3. As used in this section, “licensed hauler of garbage and
refuse” means a person who holds the licenses and permits required to
operate a business of collecting and disposing of garbage and refuse. The
term includes a person who is licensed to operate a business of
collecting recyclable materials.
(Added to NRS by 1991, 1693; A 1993, 1415; 2005, 75 )
1. Except as otherwise provided in subsection 2, a vehicle that is
used by a regional transportation commission or its contractor to provide
public mass transportation may be operated or moved upon a public
highway, other than a highway within the designated interstate system, if
the maximum weight does not exceed, on a single axle with:
(a) Single tires, 20,000 pounds; or
(b) Dual tires, 25,000 pounds.
2. A vehicle with a maximum weight on a single axle with single
tires of more than 20,000 pounds but not more than 29,000 pounds that is
used by a regional transportation commission or its contractor to provide
public mass transportation as part of a demonstration project may be
operated or moved upon a public highway, other than a highway within the
designated interstate system, if the tires are not less than 20 inches in
width and the Department of Transportation, after conducting an
evaluation of the vehicle:
(a) Determines that such operation or movement of the vehicle is in
the best interest of the Department; and
(b) In its discretion, issues a permit authorizing such operation
or movement of the vehicle.
3. As used in this section:
(a) “Contractor” means any person or governmental entity that has
entered into a contract with a regional transportation commission to
provide services related to the provision of public mass transportation,
but only during the period in which the contract remains legally
effective.
(b) “Regional transportation commission” means any regional
transportation commission created and organized in accordance with
chapter 373 of NRS, and which provides or
sponsors public mass transportation services.
(Added to NRS by 1993, 1414; A 2001, 747 )
The distance
between axles must be measured to the nearest whole foot. When a fraction
is exactly one-half foot the next larger whole number must be used.
[Part 23:122:1925; A 1929, 349; 1931, 136; 1947, 532; 1951, 263;
1953, 628; 1955, 45]—(NRS A 2005, 75 )
1. The provisions of NRS 484.745 , 484.748 and
484.7485 do not apply to any highway
that is a part of the Federal-Aid Primary System, Federal-Aid Urban
System, Federal-Aid Secondary System or Interstate System if their
application would prevent this State from receiving any federal funds for
highway purposes under section 127 of Title 23, U.S.C.
2. The Department of Transportation, with respect to highways
under its jurisdiction, and the governing bodies of cities and counties,
with respect to roads and streets under their jurisdiction, after
determining that use by vehicles otherwise conforming with the maximum
weight limits prescribed in NRS 484.745 , 484.748 and
484.7485 is likely to cause
substantial stress to any highway, road, street, or portion or structure
thereof, may, by proper notice, fix a reduced maximum weight limit for
vehicles which may pass over any such highway, road, street, or portion
or structure thereof.
(Added to NRS by 1981, 219; A 2003, 406 ; 2005, 75 )
1. The provisions of NRS 484.744
to 484.757 , inclusive, shall not apply
to traction engines or tractors, the propulsive power of which is
exerted, not through wheels resting upon the ground but by means of a
flexible band or chain known as a movable track, when the portions of the
movable tracks in contact with the surface of the highway present plane
surfaces.
2. No traction engine or tractor having lugs, grousers or other
mechanical contrivances on its wheels or tracks designed to give tractive
effect shall be operated on any highway in this State unless a circular
metal band of a width of not less than 3 inches is placed entirely around
the periphery of such wheels or tracks, such band to serve as a
protection against the tearing up or marring of the surface of the
highway.
[Part 23:122:1925; A 1929, 349; 1931, 136; 1947, 532; 1951, 263;
1953, 628; 1955, 45]—(Substituted in revision for NRS 484.570)
1. Authority for the enforcement of the provisions of NRS 484.744
to 484.757 , inclusive, is vested in the Nevada Highway
Patrol.
2. Any officer of the Nevada Highway Patrol having reason to
believe that the weight of a vehicle and load is unlawful may require the
driver to stop and submit to a weighing of the vehicle either by means of
portable or stationary scales and may require that the vehicle be driven
to the nearest public scales, if they are within 5 miles.
3. Whenever an officer upon weighing a vehicle and load as
provided in subsection 2 determines that the weight is unlawful, he may
require the driver to stop in a suitable place and remove such portion of
the load as may be necessary to reduce the gross weight of the vehicle to
those limits permitted under NRS 484.744 to 484.757 ,
inclusive. All materials so unloaded must be cared for by the carrier of
the material and at his expense. The officer may allow the driver of the
inspected vehicle to continue on his journey if any overload does not
exceed by more than 5 percent the limitations prescribed by NRS 484.744
to 484.757 , inclusive, but the penalties provided in NRS
484.757 must be imposed for the
overload violation.
4. Any driver of a vehicle who fails or refuses to stop and submit
the vehicle and load to a weighing, or who fails or refuses when directed
by an officer of the Nevada Highway Patrol upon a weighing of the vehicle
to stop and otherwise comply with the provisions of NRS 484.744 to 484.757 ,
inclusive, is guilty of a misdemeanor.
[Part 23:122:1925; A 1929, 349; 1931, 136; 1947, 532; 1951, 263;
1953, 628; 1955, 45]—(NRS A 1957, 616; 1969, 726; 1981, 220; 1985, 1955)
1. Except as otherwise provided in subsection 5, a person
convicted of a violation of any limitation of weight imposed by NRS
484.739 to 484.755 , inclusive, shall be punished by a fine as
specified in the following table:
Pounds of Excess
Weight
Fine
1 to
1,500......................................................................
.............................................. $10
1,501 to 2,500...................................................... 1
cent per pound of excess weight
2,501 to 5,000.................................................... 2
cents per pound of excess weight
5,001 to 7,500.................................................... 4
cents per pound of excess weight
7,501 to 10,000.................................................. 6 cents
per pound of excess weight
10,001 and over................................................ 8 cents
per pound of excess weight
2. If the resulting fine is not a whole number of dollars, the
nearest whole number above the computed amount must be imposed as the
fine.
3. The fines provided in this section are mandatory, must be
collected immediately upon a determination of guilt and must not be
reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine
provided for in this section.
5. A person convicted of a violation of a limitation of weight
imposed by NRS 484.739 to 484.755
, inclusive, shall be punished by a fine
that is equal to twice the amount of the fine specified in subsection 1
if that violation occurred on or after February 1 but before May 1 on a
highway designated by the director of the department of transportation as
restricted pursuant to NRS 408.214 .
This subsection does not create a separate offense but provides an
additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.
[Part 23:122:1925; A 1929, 349; 1931, 136; 1947, 532; 1951, 263;
1953, 628; 1955, 45]—(NRS A 1979, 918; 1981, 221, 727; 1985, 1839; 1987,
506; 1991, 1694; 1997, 85; 1999, 1041 )
1. As used in this section and NRS 484.760 , “special mobile equipment” means a vehicle,
not self-propelled, not designed or used primarily for the transportation
of persons or property, and only incidentally operated or moved over a
highway, excepting implements of husbandry.
2. The Department of Transportation with respect to highways under
its jurisdiction and governing bodies of cities and counties with respect
to roads under their jurisdiction may, upon application in writing,
authorize the applicant to operate or move a vehicle, combination of
vehicles, special mobile equipment, or load thereon of a size or weight
exceeding the legal maximum, or to use corrugations on the periphery of
the movable tracks on a traction engine or tractor, the propulsive power
of which is not exerted through wheels resting on the roadway but by
means of a flexible band or chain, or, under emergency conditions, to
operate or move a type of vehicle otherwise prohibited by law, upon any
highway under the jurisdiction of the Department of Transportation or
governing body granting that permit.
3. Except as otherwise provided in NRS 484.7595 to 484.7631 , inclusive, the legal maximum width of any
vehicle, combination of vehicles, special mobile equipment or load
thereon is 102 inches.
4. If a vehicle is equipped with pneumatic tires, the maximum
width from the outside of one wheel and tire to the outside of the
opposite outer wheel and tire must not exceed 108 inches, and the outside
width of the body of the vehicle or the load thereon must not exceed 102
inches.
5. Lights or devices which must be mounted upon a vehicle under
this chapter may extend beyond the permissible width of the vehicle to a
distance not exceeding 10 inches on each side of the vehicle, but the
maximum width must not exceed 126 inches.
6. Door handles, hinges, cable cinchers and chain binders may
extend 3 inches on each side, but the maximum width of body and door
handles, hinges, cable cinchers or chain binders must not exceed 108
inches.
7. A person shall not operate a passenger vehicle on any highway
with any load carried thereon extending beyond the line of the hubcaps on
its left side or more than 6 inches beyond the line of the hubcaps on its
right side.
[1:154:1951]—(NRS A 1960, 334; 1961, 136; 1965, 677; 1971, 83;
1975, 292, 1111; 1979, 1005, 1810; 1981, 205; 1985, 661; 2005, 21 )
The legal maximum width of a
bus is 102 inches, excluding mirrors, lights and other devices required
for safety.
(Added to NRS by 1981, 205)
The legal
maximum width of a recreational vehicle is 102 inches, excluding:
1. Mirrors, lights and other devices required for safety; and
2. An awning and any hardware required for the awning which is
attached to the recreational vehicle and which does not extend beyond any
mirror specified in subsection 1 which is attached to the side of the
recreational vehicle.
(Added to NRS by 2005, 21 )
Subject to the provisions of subsection 2 of NRS 484.759 , the following vehicles must not exceed a
width of 120 inches:
1. Any trailer or semitrailer, including lift carriers and tip-bed
trailers, used exclusively for the transportation of implements of
husbandry by farmers or implement dealers.
2. Special mobile equipment.
3. Highway construction or maintenance equipment.
(Added to NRS by 1981, 203)
1. If a vehicle is carrying a load of loosely piled agricultural
products such as hay, straw or leguminous plants in bulk but not crated,
baled, boxed or sacked, the load of loosely piled material and any
loading racks retaining the load must not exceed 120 inches in width.
2. The provisions of NRS 484.759
with respect to maximum widths do not apply to implements of husbandry
incidentally operated, transported, moved or towed over a highway other
than an interstate highway or a controlled-access highway.
3. If an implement of husbandry is transported or moved as a load
on another vehicle over:
(a) An interstate highway or a controlled-access highway, and the
load exceeds 102 inches in width, the movement is subject to the
provisions of NRS 484.7631 and the
regulations adopted pursuant thereto.
(b) Any highway other than an interstate highway or a
controlled-access highway, and the load exceeds 120 inches in width, the
vehicle and load must not be operated for a distance of more than 25
miles from the point of origin of the trip and must not be operated at a
speed in excess of 30 miles per hour.
(Added to NRS by 1981, 203; A 1985, 662; 2005, 76 )
The provisions of NRS 484.760 , subsection 2 of NRS 484.7605 and NRS 484.762 and 484.7625 do not apply to any highway which is part of
the Federal-Aid Primary System, Federal-Aid Secondary System or the
Interstate System if their application would prevent this State from
receiving any money for highways pursuant to section 127 of Title 23,
U.S.C.
(Added to NRS by 1981, 205; A 1997, 2415)
1. The Department of Transportation may, upon application in
writing, if good cause appears, issue a special or multiple trip-limited
time permit in writing authorizing the applicant to move a manufactured
or mobile home, or any other similar type of vehicle or structure, in
excess of the maximum width, but not exceeding, except as otherwise
provided in NRS 484.7625 , 120 inches
exclusive of appendages which must not extend beyond 3 inches on either
side. The Department of Transportation may establish seasonal or other
limitations on the time within which the home, vehicle or structure may
be moved on the highways indicated, and may require an undertaking or
other security as may be considered necessary to protect the highways and
bridges from injury or to provide indemnity for any injury resulting from
the operation. Permits for the movement of homes, vehicles or structures
as provided for in this section may be issued only to licensed
manufacturers, dealers, owners and transporters and may be issued only
under the following conditions:
(a) The power unit used to tow an overwidth home, vehicle or
structure having a gross weight of 18,000 pounds or less must be a
three-quarter-ton truck or tractor, or a truck or tractor of greater
power equipped with dual wheels.
(b) The power unit used to tow an overwidth home, vehicle or
structure having a gross weight in excess of 18,000 pounds must be a
one-and-one-half-ton, or larger, truck or tractor equipped with dual
wheels.
(c) The mobile home for which the permit is issued must comply with
the provisions of NRS 484.745 relating
to maximum weight on axles.
(d) The insurer must furnish evidence of insurance verifying
coverage of the overwidth home, vehicle or structure in the amount of
$100,000 because of bodily injury to or death of one person in any one
accident, in the amount of $300,000 because of bodily injury to or death
of two or more persons in any one accident and in the amount of $50,000
because of injury to or destruction of property of others in any one
accident.
2. A permit which has been issued for the movement of a
manufactured or mobile home, or a similar type of vehicle or structure,
is not valid between sunset and sunrise. The Director of the Department
of Transportation may establish additional reasonable regulations,
consistent with this section, including regulations concerning the
movement of such a home, vehicle or structure on a Saturday, Sunday or a
legal holiday, as he considers necessary in the interest of public safety.
(Added to NRS by 1981, 203; A 1985, 662; 1989, 798)
1. The Department of Transportation may, upon application in
writing, if good cause appears, issue a special or multiple trip-limited
time permit in writing authorizing the applicant to move a manufactured
or mobile home, or any other similar type of vehicle or structure, in
excess of 120 inches in width but not exceeding 192 inches in width,
including any appendages and roof eaves.
2. The movement of a manufactured or mobile home, or a similar
type of vehicle or structure, pursuant to subsection 1 is, in addition to
the conditions and requirements of NRS 484.762 , subject to the following requirements and
conditions:
(a) “Wide-load” signs and red flags must be on the front of the
towing vehicle and on the rear of the home, vehicle or structure.
(b) The towing vehicle must be a one-and-one-half-ton or larger
truck or tractor equipped with dual wheels.
(c) The applicant must present evidence satisfactory to the
Department that he is financially responsible and that he has complied or
is able to comply with the equipment requirements.
(d) As an additional warning to approaching traffic, the towing
vehicle must be operated with the headlights turned on low beam.
(e) The driver of the towing vehicle shall do everything possible
to prevent the congestion or slowing down of traffic in either direction
because of the overwidth home, vehicle or structure and shall, if
necessary to maintain the normal flow of traffic, drive the towing
vehicle and the home, vehicle or structure off the pavement where safe to
do so, in order that traffic may pass.
(f ) When two or more homes, vehicles or structures in excess of
120 inches in width are moved over the same highway in the same
direction, the drivers of the towing vehicles shall maintain a distance
of at least 1,000 feet between vehicles.
3. The Department of Transportation shall:
(a) Designate the highways over which manufactured or mobile homes,
or other similar types of vehicles or structures, in excess of 120 inches
in width may be moved, and may require a pilot car to precede or follow
the load.
(b) Prescribe, by regulation, standards for moving homes, vehicles
or structures, in excess of 120 inches in width, including the times and
days when such moving is permitted, and additional safety precautions to
be taken.
4. The regulations adopted pursuant to paragraph (b) of subsection
3 may establish different standards that are applicable only to the
moving of a manufactured or mobile home, or other similar types of
vehicle or structure, that is in excess of 168 inches, excluding any
appendages and roof eaves, but does not exceed 192 inches in width,
including any appendages and roof eaves.
(Added to NRS by 1981, 204; A 1989, 799; 1997, 2415)
1. In a county whose population is less than 400,000, the
Department of Transportation with respect to highways under its
jurisdiction and the governing body of the county or a city in the county
with respect to roadways under the jurisdiction of the county or city
may, upon request, issue a permit to operate a vehicle, or a vehicle with
a load that exceeds the legal maximum width, length or height for the
vehicle, unless the Department or governing body determines that the
operation would be a safety hazard or would unduly impede the flow of
traffic.
2. In a county whose population is 400,000 or more:
(a) If the operation of a vehicle specified in subsection 1 will
not include operation on the state highway system established pursuant to
chapter 408 of NRS, the governing body of the
county and each city in the county may, upon request, issue a permit to
operate the vehicle on a roadway in that city or county:
(1) If the governing body has jurisdiction over the roadway
at the point of origination of the route of the vehicle; and
(2) Unless the governing body determines that the operation
would be a safety hazard or would unduly impede the flow of traffic; or
(b) If the operation of the vehicle will include operation on the
state highway system established pursuant to chapter 408 of NRS, the Department of Transportation shall, upon
request, issue a permit to operate the vehicle on a highway in that
county, unless the Department of Transportation determines that the
operation would be a safety hazard or would unduly impede the flow of
traffic. A holder of a permit issued pursuant to this paragraph is not
required to obtain a permit pursuant to paragraph (a) before operating
the vehicle in accordance with the permit issued pursuant to this
paragraph.
3. Before issuing a permit pursuant to subsection 2, the
Department of Transportation or the governing body shall coordinate the
issuance of the permit with each entity that will be affected by the
issuance of the permit.
4. A governing body shall issue single-trip permits and annual
permits pursuant to subsection 2 that are consistent, to the greatest
extent practicable, with the regulations adopted by the Department of
Transportation pursuant to subsection 5.
5. Except as otherwise provided in this section, the Department of
Transportation with respect to highways under its jurisdiction and the
governing body of a city or county with respect to roadways under its
jurisdiction may adopt regulations providing for an annual permit or a
permit for a single trip for a vehicle, or a vehicle with a load
exceeding 102 inches in width, 14 feet in height or 70 feet in length,
and limiting the movement of the vehicle to certain hours of the day,
days of the week or routes considered necessary to protect public safety.
If the Department of Transportation and a governing body of a city or
county adopt regulations pursuant to this section, the regulations
adopted by the governing body must be consistent, to the greatest extent
practicable, with the regulations adopted by the Department of
Transportation.
6. The Department of Transportation and each governing body
specified in subsection 2 shall:
(a) Periodically meet with persons who represent industries that
are affected by any regulations adopted by the Department of
Transportation or the governing body relating to the issuance of permits
pursuant to this section, including, but not limited to, regulations
concerning fees for those permits;
(b) At each meeting specified in paragraph (a), review and consider
the regulations specified in that paragraph and any proposed amendments
to the regulations; and
(c) To the greatest extent practicable, ensure that the regulations
are consistent.
7. The Department of Transportation and each governing body that
issues a permit pursuant to subsection 2 shall, to the greatest extent
practicable, establish an expedited procedure for issuing a permit for a
vehicle or a vehicle with a load that does not exceed 15 feet in height
or 110 feet in length:
(a) Within 1 working day after the Department of Transportation or
the governing body receives a request for the permit, if the vehicle or
the vehicle with a load for which the permit is submitted has a width of
144 inches or less; or
(b) Within 2 working days after the Department of Transportation or
the governing body receives a request for the permit, if the vehicle or
the vehicle with a load for which the permit is submitted has a width of
more than 144 inches but not more than 168 inches.
(Added to NRS by 1981, 205; A 1985, 663; 2005, 738 )
The application
for a permit under NRS 484.759 to
484.7631 , inclusive, must:
1. Specifically describe the vehicle or special mobile equipment
and load to be operated or moved and the particular highways over which
the permit to operate is requested.
2. State whether the permit is requested for a single trip, for
continuous use or for multiple trips over a limited time.
[2:154:1951]—(NRS A 1975, 1114; 1981, 208)—(Substituted in revision
for NRS 484.761)
1. No vehicle operated or moved upon any public highway under the
authority of a continuous or multiple trip-limited time permit may exceed
a maximum weight of 20,000 pounds on any single axle. Before any
continuous permit is issued, the applicant shall pay a reasonable fee to
be determined by the Department of Transportation or the governing body
of any city or county to pay the costs and expenses of conducting an
initial investigation of the highway or highways involved.
2. If, after issuance of a continuous or multiple trip-limited
time permit by the Department of Transportation or the governing body of
any city or county, the Department or governing body finds that the
traffic authorized by such continuous or multiple trip-limited time
permit has caused substantial highway distress, the permit may be revoked
summarily, but the revocation does not operate to prevent a subsequent
filing of a new application for another continuous or multiple
trip-limited time permit.
[3:154:1951; A 1953, 360]—(NRS A 1975, 1114; 1979, 1813)
Every permit, when
issued, must:
1. Be carried in the vehicle, combination of vehicles or special
mobile equipment to which it refers.
2. Be open to inspection of any peace officer or traffic officer,
any authorized agent of the Department of Transportation, or any other
officer charged with the care or protection of the highways.
[4:154:1951]—(NRS A 1979, 1813)
1. It is unlawful for any person to operate or move any vehicle or
equipment described in NRS 484.739 or
484.759 to 484.7631 , inclusive, over any highway without first
obtaining a permit, or to violate or evade any of the terms or conditions
of the permit when issued. A person violating any of the provisions of
NRS 484.759 to 484.767 , inclusive, is guilty of a misdemeanor.
2. Any person operating or moving any vehicle or equipment
described in NRS 484.739 or 484.759
to 484.7631 , inclusive, over any highway under the
authorization of a permit for continuous use or multiple trips over a
limited time and who violates any weight limitation in excess of the
weight authorized by the permit must be punished, upon conviction, as
provided in NRS 484.757 .
[5:154:1951; A 1953, 360]—(NRS A 1969, 1508; 1975, 1114; 1981, 208;
1987, 506)
1. No vehicle shall be driven or moved on any highway unless such
vehicle is so constructed or loaded as to prevent any of its load from
dropping, sifting, leaking or otherwise escaping therefrom, except that
sand may be dropped for the purpose of securing traction, or water or
other substance may be sprinkled on a roadway in cleaning or maintaining
such roadway.
2. No person shall operate on any highway any vehicle with any
load unless the load and any covering thereon is securely fastened so as
to prevent the covering or load from becoming loose, detached or in any
manner a hazard to other users of the highway.
[20.1:166:1925; added 1955, 186]—(Substituted in revision for NRS
484.650)
The Department shall adopt
reasonable regulations providing for:
1. Minimum requirements for binders to secure loads on vehicles
against dangerous displacement and governing the loading and securement
of loads for transportation over public highways by vehicles, except
loads containing radioactive waste.
2. Safety chains and cables for combinations of vehicles.
[20.2:166:1925; added 1955, 186]—(NRS A 1957, 616; 1969, 1220;
1979, 836; 1981, 234; 1985, 1956)
The driver of
every vehicle operating a half hour after sunset to a half hour before
sunrise and carrying a load extending 4 feet or more beyond the end of
the vehicle shall attach at the extreme end of the load two red lights
plainly visible under normal atmospheric conditions from a distance of
not less than 500 feet from the rear and sides. At any other time the
driver shall attach at the extreme end of such load a red flag or cloth
at least 16 inches square.
[19:166:1925; NCL § 4368] + [Part 19 1/2:166:1925; added 1927, 78;
NCL § 4369]—(NRS A 1963, 746; 1969, 1221)
RESPECTIVE POWERS OF STATE AND LOCAL AUTHORITIES
1. The provisions of this chapter are applicable and uniform
throughout this State on all highways to which the public has a right of
access or to which persons have access as invitees or licensees.
2. Unless otherwise provided by specific statute, any local
authority may enact by ordinance traffic regulations which cover the same
subject matter as the various sections of this chapter if the provisions
of the ordinance are not in conflict with this chapter. It may also enact
by ordinance regulations requiring the registration and licensing of
bicycles.
3. A local authority shall not enact an ordinance:
(a) Governing the registration of vehicles and the licensing of
drivers;
(b) Governing the duties and obligations of persons involved in
traffic accidents, other than the duties to stop, render aid and provide
necessary information; or
(c) Providing a penalty for an offense for which the penalty
prescribed by this chapter is greater than that imposed for a misdemeanor.
4. No person convicted or adjudged guilty of a violation of a
traffic ordinance may be charged or tried in any other court in this
State for the same offense.
(Added to NRS by 1969, 1482; A 1971, 22; 1973, 406; 1983, 1079)
3792 . The governing body of
each city may enact an ordinance adopting the penalties set forth for
misdemeanors in NRS 484.3792 for
similar offenses under city ordinance.
(Added to NRS by 1981, 1928; A 1989, 598)
1. Except as otherwise provided in subsection 3, a local authority
may adopt, by ordinance, regulations with respect to highways under its
jurisdiction within the reasonable exercise of the police power:
(a) Regulating or prohibiting processions or assemblages on the
highways.
(b) Designating particular highways as one-way highways and
requiring that all vehicles thereon be moved in one specific direction.
(c) Designating any highway as a through highway, requiring that
all vehicles stop before entering or crossing the highway, or designating
any intersection as a stop or a yield intersection and requiring all
vehicles to stop or yield at one or more entrances to the intersection.
(d) Designating truck and bicycle routes.
(e) Adopting such other traffic regulations related to specific
highways as are expressly authorized by this chapter.
2. An ordinance relating to traffic control enacted under this
section is not effective until official devices for traffic control
giving notice of those local traffic regulations are posted upon or at
the entrances to the highway or part thereof affected as is most
appropriate.
3. An ordinance enacted under this section is not effective with
respect to:
(a) Highways constructed and maintained by the Department of
Transportation under the authority granted by chapter 408 of NRS; or
(b) Alternative routes for the transport of radioactive, chemical
or other hazardous materials which are governed by regulations of the
United States Department of Transportation,
Ê until the ordinance has been approved by the Board of Directors of the
Department of Transportation.
4. As used in this section, “hazardous material” has the meaning
ascribed to it in NRS 459.7024 .
(Added to NRS by 1969, 1488; A 1979, 1813; 1981, 234; 1983, 1079;
1987, 1757; 1989, 1313; 1993, 850)
1. The Department of Transportation shall adopt a manual and
specifications for a uniform system of official traffic-control devices
consistent with the provisions of this chapter for use upon highways
within this State. The uniform system must correlate with and so far as
possible conform to the system then current and approved by the American
Association of State Highway Officials and the National Joint Committee
on Uniform Traffic Control Devices.
2. All devices used by local authorities or the Department of
Transportation must conform with the manual and specifications adopted by
the Department.
(Added to NRS by 1969, 1488; A 1979, 1814)
1. Except as provided in subsection 2, local authorities shall
place and maintain such official traffic-control devices upon highways
under their jurisdiction as are determined necessary to indicate and to
carry out the provisions of this chapter and to regulate, warn or guide
traffic.
2. No traffic-control device may be placed by a local authority on
a highway constructed and maintained by the Department of Transportation
under the authority granted by chapter 408 of
NRS without prior approval by the Department.
(Added to NRS by 1969, 1488; A 1979, 1814)
1. The Department of Transportation and local authorities, with
reference to highways under their respective jurisdictions, may designate
through highways and erect official traffic-control devices in the form
of stop signs or yield signs at specified entrances thereto, or may
designate any intersection as a stop intersection or as a yield
intersection and erect stop signs or yield signs at one or more entrances
to such an intersection.
2. Every driver of a vehicle approaching a stop intersection
indicated by a stop sign shall stop before entering the crosswalk on the
near side of the intersection or, if there is no crosswalk, shall stop at
a clearly marked stop line, or if none, then at the point nearest the
intersecting highway where the driver has a view of approaching traffic
on the intersecting highway before entering the intersection.
3. The driver of a vehicle approaching a yield sign if required
for safety to stop shall stop before entering the crosswalk on the
nearest side of the intersection or, if there is no crosswalk, at a
clearly marked stop line, or if none, then at the point nearest the
intersecting highway where the driver has a view of approaching traffic
on the intersecting highway.
(Added to NRS by 1969, 1496; A 1979, 1814)
1. Except as otherwise provided in NRS 484.789 , authorized emergency vehicles are vehicles
publicly owned and operated in the performance of the duty of:
(a) A police or fire department.
(b) A sheriff’s office.
(c) The Nevada Highway Patrol.
(d) The Division of Forestry of the State Department of
Conservation and Natural Resources in responding to a fire.
(e) A public ambulance agency.
(f) A public lifeguard or lifesaving agency.
2. A vehicle publicly maintained in whole or in part by the State,
or by a city or county, and privately owned and operated by a regularly
salaried member of a police department, sheriff’s office or traffic law
enforcement department, is an authorized emergency vehicle if:
(a) The vehicle has a permit, pursuant to NRS 484.789 , from the Department;
(b) The person operates the vehicle in responding to emergency
calls or fire alarms, or at the request of the Nevada Highway Patrol or
in the pursuit of actual or suspected violators of the law; and
(c) The State, county or city does not furnish a publicly owned
vehicle for the purposes stated in paragraph (b).
3. Every authorized emergency vehicle must be equipped with at
least one flashing red warning lamp visible from the front and a siren
for use as provided in this chapter, which lamp and siren must be in
compliance with standards approved by the Department. In addition, an
authorized emergency vehicle may display revolving, flashing or steady
red or blue warning lights to the front, sides or rear of the vehicle.
4. An authorized emergency vehicle may be equipped with a system
or device that causes the upper-beam head lamps of the vehicle to
continue to flash alternately while the system or device is activated.
The driver of a vehicle that is so equipped may use the system or device
when responding to an emergency call or fire alarm, while escorting a
funeral procession, or when in pursuit of an actual or suspected violator
of the law. As used in this subsection, “upper-beam head lamp” means a
head lamp or that part of a head lamp which projects a distribution of
light or composite beam meeting the requirements of subsection 1 of NRS
484.587 .
5. Except as otherwise provided in subsection 4, a person shall
not operate a motor vehicle with any system or device that causes the
head lamps of the vehicle to continue to flash alternately or
simultaneously while the system or device is activated. This subsection
does not prohibit the operation of a motorcycle equipped with any system
or device that modulates the intensity of light produced by the head lamp
of the motorcycle, if the system or device is used only during daylight
hours and conforms to the requirements of 49 C.F.R. § 571.108.
6. A person shall not operate a vehicle with any lamp or device
displaying a red light visible from directly in front of the center of
the vehicle except an authorized emergency vehicle, a school bus or an
official vehicle of a regulatory agency.
7. A person shall not operate a vehicle with any lamp or device
displaying a blue light, except a motorcycle pursuant to NRS 486.261
or an authorized emergency vehicle.
(Added to NRS by 1969, 1505; A 1975, 320; 1979, 1814; 1985, 26,
341, 1956; 1989, 1132; 2003, 402 )
1. The Department may issue permits for authorized emergency
vehicles to vehicles required to be operated primarily for the immediate
preservation of life or property or for the apprehension of violators of
the law. The permits must not be issued to vehicles when there are
available comparable services provided by agencies referred to in NRS
484.787 .
2. The issuance of the permits to vehicles under this section must
be limited to:
(a) Agencies designated in NRS 484.787 ;
(b) Vehicles owned or operated by an agency of the United States
engaged primarily in law enforcement work;
(c) Ambulances designed and operated exclusively as such; and
(d) Supervisory vehicles which are:
(1) Marked and used to coordinate and direct the response of
ambulances to emergencies;
(2) Privately owned by a person licensed to operate an
ambulance; and
(3) Operated under contract with a local governmental agency
and at the request of its law enforcement agency or fire department.
3. The following are not emergency vehicles and must not be
permitted to operate as such:
(a) Tow cars;
(b) Vehicles used by public utilities;
(c) Vehicles used in merchant patrols;
(d) Vehicles used in private escort service;
(e) Privately owned vehicles of volunteer firefighters;
(f) Privately owned vehicles of reserve members of a police
department or a sheriff’s office; and
(g) Vehicles of private detectives.
(Added to NRS by 1969, 1505; A 1985, 1957; 1987, 912; 2005, 316
)
PROCEDURE UPON ARREST
1. Any peace officer may, without a warrant, arrest a person if
the officer has reasonable cause for believing that the person has
committed any of the following offenses:
(a) Homicide by vehicle;
(b) A violation of NRS 484.379 ;
(c) A violation of NRS 484.3795 ;
(d) A violation of NRS 484.37955 ;
(e) Failure to stop, give information or render reasonable
assistance in the event of an accident resulting in death or personal
injuries in violation of NRS 484.219 or
484.223 ;
(f) Failure to stop or give information in the event of an accident
resulting in damage to a vehicle or to other property legally upon or
adjacent to a highway in violation of NRS 484.221 or 484.225 ;
(g) Reckless driving;
(h) Driving a motor vehicle on a highway or on premises to which
the public has access at a time when his driver’s license has been
cancelled, revoked or suspended; or
(i) Driving a motor vehicle in any manner in violation of the
restrictions imposed in a restricted license issued to him pursuant to
NRS 483.490 .
2. Whenever any person is arrested as authorized in this section,
he must be taken without unnecessary delay before the proper magistrate
as specified in NRS 484.803 , except
that in the case of either of the offenses designated in paragraphs (f)
and (g) of subsection 1 a peace officer has the same discretion as is
provided in other cases in NRS 484.795 .
(Added to NRS by 1967, 1210; A 1969, 1509; 1975, 125; 1983, 1080;
1987, 480; 1999, 2461 , 3429 ; 2001, 172 ; 2005, 152 )
Whenever the driver of a
vehicle is stopped by a peace officer for violating a provision of this
chapter, except for violating a provision of NRS 484.395 to 484.443 ,
inclusive, the officer shall demand proof of the insurance required by
NRS 485.185 , and issue a citation as
provided in NRS 484.799 if the officer
has probable cause to believe that the driver of the vehicle is in
violation of NRS 485.187 . If the driver
of the vehicle is not the owner, a citation must also be issued to the
owner, and in such a case the driver:
1. May sign the citation on behalf of the owner; and
2. Shall notify the owner of the citation within 3 days after it
is issued.
Ê The agency which employs the peace officer shall immediately forward a
copy of the citation to the registered owner of the vehicle, by certified
mail, at his address as it appears on the certificate of registration.
(Added to NRS by 1987, 1442; A 1993, 2482; 1995, 2733)
Whenever any person is halted by a peace officer for any
violation of this chapter not amounting to a gross misdemeanor or felony,
he shall be taken without unnecessary delay before the proper magistrate,
as specified in NRS 484.803 , in either
of the following cases:
1. When the person demands an immediate appearance before a
magistrate; or
2. In any other event when the person is issued a traffic citation
by an authorized person and refuses to give his written promise to appear
in court as provided in NRS 484.799 .
(Added to NRS by 1967, 1211)—(Substituted in revision for NRS
484.722)
Whenever any person is halted by a peace officer for any
violation of this chapter and is not required to be taken before a
magistrate, the person may, in the discretion of the peace officer,
either be given a traffic citation, or be taken without unnecessary delay
before the proper magistrate. He must be taken before the magistrate in
any of the following cases:
1. When the person does not furnish satisfactory evidence of
identity or when the peace officer has reasonable and probable grounds to
believe the person will disregard a written promise to appear in court;
2. When the person is charged with a violation of NRS 484.701
, relating to the refusal of a driver of
a vehicle to submit the vehicle to an inspection and test;
3. When the person is charged with a violation of NRS 484.755
, relating to the failure or refusal of
a driver of a vehicle to submit the vehicle and load to a weighing or to
remove excess weight therefrom; or
4. When the person is charged with a violation of NRS 484.379
, unless he is incapacitated and is
being treated for injuries at the time the peace officer would otherwise
be taking him before the magistrate.
(Added to NRS by 1967, 1211; A 1969, 1509; 1981, 1362)
1. All of the provisions of this chapter apply both to residents
and nonresidents of this State, except the special provisions in this
section, which shall govern in respect to nonresidents.
2. A peace officer at the scene of a traffic accident may arrest
without a warrant any driver of a vehicle who is a nonresident of this
State and who is involved in the accident when, based upon personal
investigation, the peace officer has reasonable cause for believing that
the person has committed any offense under the provisions of this chapter
in connection with the accident, and if the peace officer has reasonable
cause for believing that the person will disregard a written promise to
appear in court.
3. Whenever any person is arrested under the provisions of this
section, he shall be taken without unnecessary delay before the proper
magistrate, as specified in NRS 484.803 .
(Added to NRS by 1967, 1211)—(Substituted in revision for NRS
484.724)
1. Whenever a person is halted by a peace officer for any
violation of this chapter punishable as a misdemeanor and is not taken
before a magistrate as required or permitted by NRS 484.793 and 484.795 ,
the peace officer may prepare a traffic citation manually or
electronically in the form of a complaint issuing in the name of “The
State of Nevada,” containing a notice to appear in court, the name and
address of the person, the state registration number of his vehicle, if
any, the number of his driver’s license, if any, the offense charged,
including a brief description of the offense and the NRS citation, the
time and place when and where the person is required to appear in court,
and such other pertinent information as may be necessary. The citation
must be signed by the peace officer. If the citation is prepared
electronically, the officer shall sign the copy of the citation that is
delivered to the person charged with the violation.
2. The time specified in the notice to appear must be at least 5
days after the alleged violation unless the person charged with the
violation demands an earlier hearing.
3. The place specified in the notice to appear must be before a
magistrate, as designated in NRS 484.803 .
4. The person charged with the violation may give his written
promise to appear in court by signing at least one copy of the traffic
citation prepared by the peace officer, in which event the peace officer
shall deliver a copy of the citation to the person, and thereupon the
peace officer shall not take the person into physical custody for the
violation. If the citation is prepared electronically, the officer shall
deliver the signed copy of the citation to the person and shall indicate
on the electronic record of the citation whether the person charged gave
his written promise to appear. A copy of the citation that is signed by
the person charged or the electronic record of the citation which
indicates that the person charged gave his written promise to appear
suffices as proof of service.
(Added to NRS by 1967, 1211; A 1975, 142; 1991, 15; 1999, 1146
)
1. Except for a citation issued pursuant to NRS 484.810 , whenever a police officer makes an arrest or
issues a citation to a person for any violation of this chapter, he shall
record the name as given by that person, the number of his driver’s
license and a brief description of his physical appearance. This
information must be maintained in a record for offenses kept at the
traffic enforcement agency which employs that officer.
2. Whenever a police officer stops a driver of a motor vehicle for
any violation of this chapter and requests information from a traffic
enforcement agency concerning that person’s record of prior offenses, he
shall compare not only the driver’s name but also the number of his
driver’s license and his physical description with any information
obtained from the agency as a result of the request. If the information
received from the agency indicates that the driver’s name is on an
outstanding warrant for a prior offense, the officer shall not arrest the
driver for that prior offense unless the additional information used for
comparison also connects the driver with that prior offense.
(Added to NRS by 1985, 1160)
Except for felonies and those offenses set forth in paragraphs (a) to
(e), inclusive, of subsection 1 of NRS 484.791 , a peace officer at the scene of a traffic
accident may issue a traffic citation, as provided in NRS 484.799 , or a misdemeanor citation, as provided in NRS
171.1773 , to any person involved in
the accident when, based upon personal investigation, the peace officer
has reasonable and probable grounds to believe that the person has
committed any offense pursuant to the provisions of this chapter or of
chapter 482 , 483 ,
485 , 486 or 706
of NRS in connection with the accident.
(Added to NRS by 1967, 1212; A 1987, 480; 1989, 1131; 1999, 1147
; 2005, 153 )
1. Whenever any person is taken before a magistrate or is given a
traffic citation containing a notice to appear before a magistrate as
provided for in NRS 484.799 , the
magistrate must be a justice of the peace or municipal judge who has
jurisdiction of the offense and is nearest or most accessible with
reference to the place where the alleged violation occurred, except that
when the offense is alleged to have been committed within an incorporated
municipality wherein there is an established court having jurisdiction of
the offense, the person must be taken without unnecessary delay before
that court.
2. For the purpose of this section, the terms “magistrate” and
“court” include magistrates and courts having jurisdiction of offenses
under the law of this State as committing magistrates and courts and
those having jurisdiction of the trials of such offenses.
(Added to NRS by 1967, 1212; A 1983, 905; 1999, 1147 )
Whenever any person is taken into custody by a peace officer for the
purpose of taking him before a magistrate or court as authorized or
required in this chapter upon any charge other than a felony or the
offenses enumerated in paragraphs (a) to (e), inclusive, of subsection 1
of NRS 484.791 , and no magistrate is
available at the time of arrest, and there is no bail schedule
established by the magistrate or court and no lawfully designated court
clerk or other public officer who is available and authorized to accept
bail upon behalf of the magistrate or court, the person must be released
from custody upon the issuance to him of a misdemeanor citation or
traffic citation and his signing a promise to appear, as provided in NRS
171.1773 or 484.799 , respectively.
(Added to NRS by 1967, 1212; A 1987, 481; 1999, 1147 ; 2005, 153 )
1. It is unlawful for a person to violate his written promise to
appear given to a peace officer upon the issuance of a traffic citation
prepared manually or electronically, regardless of the disposition of the
charge for which the citation was originally issued.
2. A person may comply with a written promise to appear in court
by an appearance by counsel.
3. A warrant may issue upon a violation of a written promise to
appear.
(Added to NRS by 1967, 1212; A 1977, 1061; 1999, 1148 ; 2005, 54 )
NRS 484.791 to 484.807
, inclusive, govern all peace officers
in making arrests without a warrant for violations of any provision of
this chapter, but the procedure prescribed in those sections is not
otherwise exclusive of any other method prescribed by law for the arrest
and prosecution of a person for an offense of like grade.
(Added to NRS by 1967, 1213; A 1985, 1160; 1987, 1442)
1. A traffic citation for a parking violation may be prepared
manually or electronically.
2. When a traffic citation for a parking violation has been issued
identifying by license number a vehicle registered to a person who has
not signed the citation, a bench warrant may not be issued for that
person for failure to appear before the court unless:
(a) A notice to appear concerning the violation is first sent to
the person by first-class mail within 60 days after the citation is
issued; and
(b) The person does not appear within 20 days after the date of the
notice or the notice to appear is returned with a report that it cannot
be delivered.
(Added to NRS by 1977, 576; A 1981, 401; 1999, 1148 )
1. Every traffic enforcement agency in this State shall provide in
appropriate form traffic citations containing notices to appear which
must meet the requirements of this chapter and be:
(a) Issued in books; or
(b) Available through an electronic device used to prepare
citations.
2. The chief administrative officer of each traffic enforcement
agency is responsible for the issuance of such books and electronic
devices and shall maintain a record of each book, each electronic device
and each citation contained therein issued to individual members of the
traffic enforcement agency and volunteers of the traffic enforcement
agency appointed pursuant to NRS 484.4085 . The chief administrative officer shall
require and retain a receipt for every book and electronic device that is
issued.
(Added to NRS by 1967, 1213; A 1991, 15; 1999, 1148 )
1. Every peace officer upon issuing a traffic citation to an
alleged violator of any provision of the motor vehicle laws of this State
or of any traffic ordinance of any city or town shall file manually or,
if the provisions of subsection 2 are satisfied, file electronically the
original or a copy of the traffic citation with a court having
jurisdiction over the alleged offense or with its traffic violations
bureau.
2. A copy of a traffic citation that is prepared electronically
and issued to an alleged violator of any provision of the motor vehicle
laws of this State or of any traffic ordinance of any city or town may be
filed electronically with a court having jurisdiction over the alleged
offense or with its traffic violations bureau if the court or traffic
violations bureau, respectively:
(a) Authorizes such electronic filing;
(b) Has the ability to receive and store the citation
electronically; and
(c) Has the ability to physically reproduce the citation upon
request.
3. Upon the filing of the original or a copy of the traffic
citation with a court having jurisdiction over the alleged offense or
with its traffic violations bureau, the traffic citation may be disposed
of only by trial in that court or other official action by a judge of
that court, including forfeiture of the bail, or by the deposit of
sufficient bail with, or payment of a fine to, the traffic violations
bureau by the person to whom the traffic citation has been issued by the
peace officer.
4. It is unlawful and official misconduct for any peace officer or
other officer or public employee to dispose of a traffic citation or
copies of it or of the record of the issuance of a traffic citation in a
manner other than as required in this section.
5. The chief administrative officer of every traffic enforcement
agency shall require the return to him of a physical copy or electronic
record of every traffic citation issued by an officer under his
supervision to an alleged violator of any traffic law or ordinance and of
all physical copies or electronic records of every traffic citation which
has been spoiled or upon which any entry has been made and not issued to
an alleged violator.
6. The chief administrative officer shall also maintain or cause
to be maintained a record of every traffic citation issued by officers
under his supervision. The record must be retained for at least 2 years
after issuance of the citation.
7. As used in this section, “officer” includes a volunteer
appointed to a traffic enforcement agency pursuant to NRS 484.4085 .
(Added to NRS by 1967, 1213; A 1979, 37; 1999, 1148 )
Every record
of traffic citations required in this chapter shall be audited at least
semiannually by the appropriate fiscal officer of the governmental agency
to which the traffic enforcement agency is responsible.
(Added to NRS by 1967, 1213)
If the form
of citation:
1. Includes information whose truthfulness is attested as required
for a complaint charging commission of the offense alleged in the
citation to have been committed; or
2. Is prepared electronically,
Ê then the citation when filed with a court of competent jurisdiction
shall be deemed to be a lawful complaint for the purpose of prosecution
pursuant to this chapter.
(Added to NRS by 1967, 1213; A 1983, 446; 1999, 1149 )
MISCELLANEOUS PROVISIONS
1. Any person or governmental agency sponsoring a special event
shall ensure that adequate provision is made for the control of vehicular
traffic related to or affected by the event.
2. As used in this section, “special event” means any scheduled
activity or event:
(a) That is attended or observed by more than 500 persons; or
(b) That substantially increases or disrupts the normal flow of
traffic on any street or highway.
(Added to NRS by 1989, 667)
A governmental entity and any agent thereof shall not use
photographic, video or digital equipment for gathering evidence to be
used for the issuance of a traffic citation for a violation of this
chapter unless the equipment is held in the hand or installed temporarily
or permanently within a vehicle or facility of a law enforcement agency.
(Added to NRS by 1999, 3278 )
GENERAL VIOLATIONS OF CHAPTER
1. It is unlawful and, unless otherwise declared in this chapter
with respect to a particular offense, it is a misdemeanor for any person
to do any act forbidden or fail to perform any act required in this
chapter.
2. The court may order any person who is twice convicted of
violating a provision of this chapter to pay tuition for and attend a
school for driver training which is approved by the Department for
retraining such drivers. The person so ordered may choose from those so
approved the school which he will attend. A person who willfully fails to
comply with such an order is guilty of a misdemeanor.
(Added to NRS by 1957, 505; A 1983, 319; 1985, 1945)—(Substituted
in revision for NRS 484.251)
