MINUTES OF THE
SENATE COMMITTEE ON TRANSPORTATION
Sixty-seventh Session
May 13, 1993
The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:30 p.m., on Thursday, May 13, 1993, in Room 226 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator William R. O'Donnell, Chairman
Senator Lawrence E. Jacobsen, Vice Chairman
Senator Mark A. James
Senator Leonard V. Nevin
Senator Joseph M. Neal, Jr.
Senator Thomas J. Hickey
Senator Lori L. Brown
STAFF MEMBERS PRESENT:
Paul Mouritsen, Senior Research Analyst
Terri Jo Wittenberg, Committee Secretary
OTHERS PRESENT:
Mike McFall, Assistant Director, Engineering, Nevada Department of Transportation (NDOT)
Captain Randy L. Oaks, Las Vegas Metropolitan Police Department
Lucille K. Lusk, Lobbyist, Nevada Coalition of Concerned Citizens (NCCC)
Colonel William J. Yukish, Chief, Highway Patrol Division, Nevada Department of Motor Vehicles and Public Safety (DMV)
John Holmes, Concerned Citizen
Chairman O'Donnell opened the hearing on Senate Bill (S.B.) 435.
Senate Bill 435: Increases maximum length allowed for certain buses.
Mike McFall, Assistant Director, Engineering, Nevada Department of Transportation (NDOT), testified in regard to S.B. 435. Mr. McFall said the NDOT had requested this bill be drafted as a "house cleaning" bill. He explained a federal law, passed in 1991, had a clause in it that said no state could prohibit busses with lengths shorter than 45 feet. He added, Nevada's current laws stipulates no buses can be longer than 40 feet.
Chairman O'Donnell asked if the weight allowed for these buses would be affected. He added this bill would conflict with S.B. 106.
S.B. 106: Increases maximum weight allowed on certain public highways for certain vehicles used for public mass transportation.
Mr. McFall said only the length of the buses would be affected by this bill.
Senator Nevin said this bill would put the state in compliance with federal law, but it does not mandate Nevada to approve buses up to 45 feet.
Mr. McFall said the federal government said they may sanction the state's highway funds for noncompliance.
Senator Hickey asked for the rationale behind the federal mandate.
Mr. McFall said this was part of a bill, that is probably over 1000 pages long, and most likely came from one of the larger metropolitan areas in the east.
Senator Hickey said the lack of justification makes it very hard to support this bill and asked Mr. McFall for more information.
Senator Nevin asked Mr. McFall to find out how much money the state highway fund could lose if the bill does not pass.
Chairman O'Donnell closed the hearing on S.B. 435 and opened the hearing on Senate Bill (S.B.) 428.
Senate Bill 428: Prohibits use of certain unmarked vehicles for control of traffic.
Chairman O'Donnell explained the bill came about because of a law enforcement officer in Goldfield, Nevada, who is making traffic stops in a black, unmarked car. He added, there are no markings on the car, nor are there any lights on the roof of the car. Chairman O'Donnell the bill would require that an officer making a traffic stop be in a readily identifiable car. He added, unmarked cars can make traffic stops if their primary use is not for traffic control.
Captain Randy L. Oaks, Las Vegas Metropolitan Police Department, testified in opposition to S.B. 428. Captain Oaks said his concerns with the bill included the fact that none of their marked vehicles can be identified from the front, meaning that if the driver looks back through their mirrors, all they see is the front end of a car with a white hood and red lights on top. He added, the language of the bill says the vehicle must be clearly marked so that it can be identified, as a police vehicle, when viewed from the driver's vehicle.
Captain Oaks continued, stating the Las Vegas Metropolitan Police Department does not, routinely, use unmarked vehicles to make traffic stops. He added, when it rains, motorcycle officers use unmarked vehicles for traffic control because the motorcycle officers cannot use their motorcycles.
Chairman O'Donnell agreed and suggested deleting the language that says "when viewed from the driver's vehicle."
Senator Nevin suggested requiring the lights to be permanently affixed to the roof of the vehicle.
Lucille K. Lusk, Lobbyist, Nevada Coalition of Concerned Citizens (NCCC), testified with regard to S.B. 428. Ms. Lusk said she has some mixed feeling about the bill. She continued, a way needs to be found to assure that people can easily identify a police officer who may be signalling them to pull over. She added, if it becomes known that no law enforcement officer can enact a traffic stop unless their car is clearly marked, the citizen is put into a position of wondering if they should stop if the officer's car is not marked. She said this could create a misunderstanding if an undercover vehicle is used to make a traffic stop. Ms. Lusk said "it needs to be one way or the other."
Senator Neal said the bill would require the police departments to use only marked vehicles for traffic stops.
Ms. Lusk said she would like to see the law enforcement agencies use a decal on the front of their vehicles like the ambulances use, which can be read in the rearview mirror of the car in front.
Senator Nevin related a story he heard from a law enforcement officer who had be driving an unmarked car and tried to make a traffic stop by showing his badge to the individual driving and telling them to pull over. He said the officer was very upset when the individual did not pull over.
Colonel William J. Yukish, Chief, Highway Patrol Division, Nevada Department of Motor Vehicles and Public Safety (DMV), testified with regard to S.B. 428. Colonel Yukish said there are times when a police officer sees a situation which "demands" immediate attention, such as driving under the influence, and the officer needs to be able to make that traffic stop, whether he or she is in a marked or unmarked vehicle. He added, he did not want to see a bill which would stop or prohibit the action which could save lives in some serious situations.
Chairman O'Donnell asked Colonel Yukish if he had any suggestions which would make the bill more clear and concise.
Colonel Yukish replied his agency would be happy to work with any of the other agencies to come up with an amendment.
John Holmes, Concerned Citizen, testified in favor of S.B. 428. Mr. Holmes said there is a booklet in England and Germany which is given to people traveling to the United States. The booklet advises these tourists, due to the recent problems in Florida, to avoid pulling over for a police officer, even one using lights and sirens, until they can get themselves into an inhabited, well lighted area in which to pull over.
Chairman O'Donnell closed the hearing on S.B. 428 and opened the hearing on S.B. 430.
Senate Bill 430: Regulates merger of lanes of traffic and use of signals by emergency vehicles.
Chairman O'Donnell explained the bill, saying the language requires drivers who merge in two different lanes to merge, one after another. Chairman O'Donnell said there are many accidents because people think "nose position is everything and if the nose of your car is ahead of the other car, you do not have to yield." He added, the siren section of the bill was demonstrated earlier and the committee was able to see that sirens cannot be heard when a person is going 55 miles per hour and the siren is approaching from the rear. He said the bill would allow peace officers to use discretion in using their sirens.
Mr. Holmes testified in favor of S.B. 430. Mr. Holmes agreed with Chairman O'Donnell and asked if the bill could be broadened to include other types of emergency vehicles, such as fire trucks and ambulances. He continued that it is ridiculous to use a siren at 2:00 a.m. when transporting a heart attack patient. He said the discretion should be up to the driver and if the driver cannot make that decision then he or she should not be driving that emergency vehicle.
Senator Jacobsen said common sense is necessary when operating any emergency vehicle.
Mr. Holmes said, in an ambulance, the attendant may be in constant contact with the hospital and it is much easier to hear the doctor if the siren is not on.
Colonel Yukish testified in regard to S.B. 430. Colonel Yukish stated his agency was happy to set up and execute the siren demonstration. Colonel Yukish added, his agency has a policy which allows an officer to shut down the lights when there is no traffic. He said he wanted his officers to use good sense and at times it is good common sense to shut the siren down.
Chairman O'Donnell thanked Colonel Yukish for the siren demonstration.
Senator Hickey asked how, under this bill, the law enforcement officer would determine which car is ahead of the other.
Colonel Yukish said the vehicle which is ahead of the other would have the right-of-way as long as the driver did not change his or her speed in order to get ahead of the other car at the last minute.
Senator Hickey said the people could dispute who had the right-of-way.
Colonel Yukish said his officers do not issue citations unless they are positively sure there is a violation.
Chairman O'Donnell closed the hearing on S.B. 430.
There being no further business before the committee, Chairman O'Donnell adjourned the meeting at 3:30 p.m.
RESPECTFULLY SUBMITTED:
Terri Jo Wittenberg,
Committee Secretary
APPROVED BY:
Senator William R. O'Donnell, Chairman
DATE:
??
Senate Committee on Transportation
May 13, 1993
Page 1