Assembly Bill No. 157–Assemblymen Koivisto, Berman, Chowning, Mortenson, Claborn, McClain, Freeman, Giunchigliani, Bache, Parks, Segerblom and Manendo

February 8, 1999

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Referred to Committee on Transportation

 

SUMMARY—Prohibits certain persons from riding upon or within certain portions of certain vehicles. (BDR 43-1350)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to traffic laws; prohibiting certain persons from riding upon the bed of a flatbed truck, within the bed of a pickup truck or within a camper shell or slide-in camper; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 484.473 is hereby amended to read as follows:

1-2 484.473 [A]

1-3 1. Except as otherwise provided in subsection 2, a person shall not ,

1-4 with regard to a vehicle being operated on a paved highway, ride [on any

1-5 vehicle] upon or within any portion [thereof] of the vehicle that is

1-6 primarily designed or intended for carrying goods or other cargo or that

1-7 is otherwise not designed or intended for the use of passengers [. This

1-8 provision does not apply to an employee engaged in the necessary

1-9 discharge of a duty, or to a person or persons riding within truck bodies and

1-10 space intended for merchandise.] , including, without limitation, upon the

1-11 bed of a flatbed truck, within the bed of a pickup truck or within a

1-12 camper shell or slide-in camper.

1-13 2. A person may ride upon the bed of a flatbed truck, within the bed

1-14 of a pickup truck or within a camper shell or slide-in camper if the

1-15 person is:

1-16 (a) Eighteen years of age or older; or

2-1 (b) Under 18 years of age and the vehicle is:

2-2 (1) Not being operated on a freeway or other road which has two or

2-3 more lanes for traffic traveling in one direction;

2-4 (2) Being used in the course of farming or ranching; or

2-5 (3) Being driven in a parade authorized by a local authority.

2-6 3. Except as otherwise provided in this subsection, a citation must be

2-7 issued to the driver of the vehicle in or upon which a person is riding in

2-8 violation of subsection 1:

2-9 (a) Upon the bed of a flatbed truck or within the bed of a pickup

2-10 truck.

2-11 (b) Within a camper shell or slide-in camper.

2-12 A citation may be issued pursuant to paragraph (b) only if the violation is

2-13 discovered when the vehicle is halted or its driver arrested for another

2-14 alleged violation or offense.

2-15 4. If a driver is cited pursuant to paragraph (a) of subsection 3, the

2-16 driver shall be punished by a fine of at least $35 but not more than $100.

2-17 5. If a driver is cited pursuant to paragraph (b) of subsection 3, the

2-18 driver shall be punished by a fine of not more than $25 or by a sentence

2-19 to perform a certain number of hours of work for the community.

2-20 6. A violation of this section:

2-21 (a) Is not a moving traffic violation for the purposes of NRS 483.473;

2-22 and

2-23 (b) May not be considered:

2-24 (1) Negligence in any civil action; or

2-25 (2) Negligence or reckless driving for the purposes of NRS 484.377.

2-26 7. As used in this section:

2-27 (a) "Camper shell" has the meaning ascribed to it in NRS 361.017.

2-28 (b) "Freeway" has the meaning ascribed to it in NRS 408.060.

2-29 (c) "Slide-in camper" has the meaning ascribed to it in NRS 482.113.

2-30 Sec. 2. The amendatory provisions of this act do not apply to offenses

2-31 that are committed before October 1, 1999.

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