Assembly Bill No. 184–Committee on Transportation

(On Behalf of City of Las Vegas)

February 10, 1999

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Referred to Committee on Transportation

 

SUMMARY—Authorizes certain law enforcement officers other than police officers to provide for removal of vehicles from highways. (BDR 43-536)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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; authorizing certain law enforcement officers other than police officers to provide for the removal of vehicles from highways; authorizing the removal of a vehicle that is abandoned within a parking zone on a highway; 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 484.397 is hereby amended to read as follows:

1-2 484.397 1. Whenever any [police] officer finds a vehicle standing

1-3 upon a highway in violation of any of the provisions of this chapter, the

1-4 officer may move the vehicle, or require the driver or person in charge of

1-5 the vehicle to move it, to a position off the paved, improved or main-

1-6 traveled part of the highway.

1-7 2. Whenever any [police] officer finds a vehicle unattended or

1-8 disabled upon any highway, bridge or causeway, or in any tunnel, where

1-9 the vehicle constitutes an obstruction to traffic or interferes with the

1-10 normal flow of traffic, the officer may provide for the immediate removal

1-11 of the vehicle.

1-12 3. Any [police] officer may remove any vehicle or part of a vehicle

1-13 found on the highway, or cause it to be removed, to the nearest garage or

1-14 other place of safekeeping if:

2-1 (a) The vehicle has been involved in an accident and is so disabled that

2-2 its normal operation is impossible or impractical and the person or persons

2-3 in charge of the vehicle are incapacitated by reason of physical injury or

2-4 other reason to such an extent as to be unable to provide for its removal or

2-5 custody, or are not in the immediate vicinity of the disabled vehicle;

2-6 (b) The person driving or in actual physical control of the vehicle is

2-7 arrested for any alleged offense for which the officer is required by law to

2-8 take the person arrested before a proper magistrate without unnecessary

2-9 delay; or

2-10 (c) The person in charge of the vehicle is unable to provide for its

2-11 custody or removal within:

2-12 (1) Twenty-four hours after abandoning the vehicle on any freeway,

2-13 United States highway or other primary arterial highway [.] , or within a

2-14 parking zone on a highway.

2-15 (2) Seventy-two hours after abandoning the vehicle on any other

2-16 highway.

2-17 4. As used in this section, "officer" means a police officer, an officer

2-18 of a unit for the enforcement of nonmoving traffic laws established

2-19 pursuant to NRS 280.125, or any other law enforcement officer

2-20 designated by a board of county commissioners or the governing body of

2-21 a city.

2-22 Sec. 2. NRS 484.398 is hereby amended to read as follows:

2-23 484.398 Whenever any [police] officer provides for the removal of

2-24 any vehicle pursuant to NRS 484.397 and has probable cause to believe

2-25 that the vehicle or its contents constitute any evidence which tends to show

2-26 that a criminal offense has been committed, or tends to show that a

2-27 particular person has committed a criminal offense, the [police] officer

2-28 shall take such steps as may be required by law and reasonably necessary

2-29 to preserve the evidence, including , but not limited to , safe storage, until

2-30 the evidence is released to the owner or otherwise disposed of according to

2-31 law.

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