Assembly Bill No. 457–Assemblymen Parks, Leslie, Koivisto, Bache, Freeman, Tiffany, Cegavske, Hettrick, Manendo, Berman, Gustavson, Gibbons, Williams, Anderson, Goldwater, Segerblom, Giunchigliani, Ohrenschall, Von Tobel, de Braga, Nolan, Angle and Neighbors
March 10, 1999
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Joint Sponsor: Senator Amodei
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Referred to Committee on Transportation
SUMMARY—Prohibits person from committing certain acts that constitute aggressive driving. (BDR 43-1280)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 483.460 is hereby amended to read as follows: 483.460 1. Except as otherwise provided by specific statute, the1-3
department shall revoke the license, permit or privilege of any driver upon1-4
receiving a record of his conviction of any of the following offenses, when1-5
that conviction has become final, and the driver is not eligible for a license,1-6
permit or privilege to drive for the period indicated:1-7
(a) For a period of 3 years if the offense is:1-8
(1) A violation of subsection 2 of NRS 484.377.1-9
(2) A third or subsequent violation within 7 years of NRS 484.379.2-1
(3) A violation of NRS 484.3795 or homicide resulting from driving2-2
a vehicle while under the influence of intoxicating liquor or a controlled2-3
substance.2-4
The period during which such a driver is not eligible for a license, permit2-5
or privilege to drive must be set aside during any period of imprisonment2-6
and the period of revocation must resume upon completion of the period of2-7
imprisonment or when the person is placed on residential confinement.2-8
(b) For a period of 1 year if the offense is:2-9
(1) Any other manslaughter resulting from the driving of a motor2-10
vehicle or felony in the commission of which a motor vehicle is used,2-11
including the unlawful taking of a motor vehicle.2-12
(2) Failure to stop and render aid as required pursuant to the laws of2-13
this state in the event of a motor vehicle accident resulting in the death or2-14
bodily injury of another.2-15
(3) Perjury or the making of a false affidavit or statement under oath2-16
to the department pursuant to NRS 483.010 to 483.630, inclusive, or2-17
pursuant to any other law relating to the ownership or driving of motor2-18
vehicles.2-19
(4) Conviction, or forfeiture of bail not vacated, upon three charges2-20
of reckless driving committed within a period of 12 months.2-21
(5) A second violation within 7 years of NRS 484.379 and, except as2-22
otherwise provided in subsection 2 of NRS 483.490, the driver is not2-23
eligible for a restricted license during any of that period.2-24
(6) A violation of NRS 484.348.2-25
(c) For a period of 90 days, if the offense is a first violation within 72-26
years of NRS 484.379.2-27
2. The department shall revoke the license, permit or privilege of a2-28
driver convicted of violating NRS 484.379 who fails to complete the2-29
educational course on the use of alcohol and controlled substances within2-30
the time ordered by the court and shall add a period of 90 days during2-31
which the driver is not eligible for a license, permit or privilege to drive.2-32
3. When the department is notified by a court that a person who has2-33
been convicted of violating NRS 484.379 has been permitted to enter a2-34
program of treatment pursuant to NRS 484.37937 or 484.3794, the2-35
department shall reduce by one-half the period during which he is not2-36
eligible for a license, permit or privilege to drive, but shall restore that2-37
reduction in time if notified that he was not accepted for or failed to2-38
complete the treatment.2-39
4. The department shall revoke the license, permit or privilege to drive2-40
of a person who is required to install a device pursuant to NRS 484.39432-41
but who operates a motor vehicle without such a device:2-42
(a) For 3 years, if it is his first such offense during the period of2-43
required use of the device.3-1
(b) For 5 years, if it is his second such offense during the period of3-2
required use of the device.3-3
5. A driver whose license, permit or privilege is revoked pursuant to3-4
subsection 4 is not eligible for a restricted license during the period set3-5
forth in paragraph (a) or (b) of that subsection, whichever is applicable.3-6
6.3-7
statute, if the department is notified that a court has3-8
3-9
3-10
delay in the issuance of a3-11
3-12
206.330,3-13
3-14
3-15
3-16
department shall take such actions as are necessary to carry out the court’s3-17
order.3-18
7. As used in this section, "device" has the meaning ascribed to it in3-19
NRS 484.3941.3-20
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a3-21
new section to read as follows:3-22
1. A driver commits an offense of aggressive driving if, during any3-23
single, continuous period of driving, the driver does all the following, in3-24
any sequence:3-25
(a) Commits one or more acts of speeding in violation of NRS 484.3613-26
or 484.366.3-27
(b) Commits two or more of the following acts, in any combination, or3-28
commits any of the following acts more than once:3-29
(1) Failing to obey an official traffic-control device in violation of3-30
NRS 484.278.3-31
(2) Overtaking and passing another vehicle upon the right by3-32
driving off the paved portion of the highway in violation of NRS 484.297.3-33
(3) Improper or unsafe driving upon a highway that has marked3-34
lanes for traffic in violation of NRS 484.305.3-35
(4) Following another vehicle too closely in violation of NRS3-36
484.307.3-37
(5) Failing to yield the right of way in violation of any provision of3-38
NRS 484.315 to 484.323, inclusive.3-39
(6) Following or parking too closely to a fire apparatus which is3-40
traveling in response to a fire alarm or which is stopped in answer to a3-41
fire alarm in violation of NRS 484.461.3-42
(7) Driving between the vehicles, persons or animals comprising a3-43
funeral or other authorized procession in violation of NRS 484.467.4-1
(c) Creates an immediate hazard, regardless of its duration, to another4-2
vehicle or to another person, whether or not the other person is riding in4-3
or upon the vehicle of the driver or any other vehicle.4-4
2. A driver may be prosecuted and convicted of an offense of4-5
aggressive driving in violation of subsection 1 whether or not the driver is4-6
prosecuted or convicted for committing any of the acts described in4-7
paragraphs (a) and (b) of subsection 1.4-8
3. A driver who commits an offense of aggressive driving in violation4-9
of subsection 1 is guilty of a misdemeanor. In addition to any other4-10
penalty:4-11
(a) For the first offense within 2 years, the court shall order the driver4-12
to attend, at his own expense, a course of traffic safety approved by the4-13
department and may issue an order suspending the driver’s license of the4-14
driver for a period of not more than 30 days.4-15
(b) For a second or subsequent offense within 2 years, the court shall4-16
issue an order revoking the driver’s license of the driver for a period of 14-17
year.4-18
4. To determine whether the provisions of paragraph (a) or (b) of4-19
subsection 3 apply to one or more offenses of aggressive driving, the4-20
court shall use the date on which each offense of aggressive driving was4-21
committed.4-22
5. If the driver is already the subject of any other order suspending4-23
or revoking his driver’s license, the court shall order the additional4-24
period of suspension or revocation, as appropriate, to apply consecutively4-25
with the previous order.4-26
6. If the court issues an order suspending or revoking the driver’s4-27
license of the driver pursuant to this section, the court shall require the4-28
driver to surrender to the court all driver’s licenses then held by the4-29
driver. The court shall, within 5 days after issuing the order, forward the4-30
driver’s licenses and a copy of the order to the department.4-31
7. If the driver successfully completes a course of traffic safety4-32
ordered pursuant to this section, the department shall cancel three4-33
demerit points from his driving record in accordance with NRS 483.475,4-34
unless the driver would not otherwise be entitled to have those demerits4-35
points canceled pursuant to the provisions of that section.4-36
8. This section does not preclude the suspension or revocation of the4-37
driver’s license of the driver pursuant to any other provision of law.4-38
Sec. 3. The amendatory provisions of this act do not apply to offenses4-39
committed before the effective date of this act.4-40
Sec. 4. This act becomes effective upon passage and approval.~