Senate Bill No. 390–Committee on Transportation
March 12, 1999
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Referred to Committee on Transportation
SUMMARY—Makes various changes to provisions governing speed limits for motor vehicles. (BDR 43-1174)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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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:
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Section 1. Chapter 484 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
In enforcing the provisions of this chapter or regulations adopted1-4
pursuant thereto, a state or local law enforcement agency in this state1-5
shall not:1-6
1. Establish or carry out a policy that requires or encourages, either1-7
directly or indirectly, a police officer employed by the law enforcement1-8
agency to meet a quota for issuing citations or making arrests.1-9
2. Consider the number of citations issued or arrests made by police1-10
officers employed by the law enforcement agency when determining the1-11
needs of the agency with respect to equipment, funding or staffing.2-1
Sec. 2. NRS 484.361 is hereby amended to read as follows: 484.3612-3
unlawful for any person to drive or operate a vehicle of any kind or2-4
character at:2-5
1. A rate of speed greater than is reasonable or proper, having due2-6
regard for the traffic, surface and width of the highway, the weather and2-7
other highway conditions.2-8
2. Such a rate of speed as to endanger the life, limb or property of any2-9
person.2-10
3. A rate of speed greater than2-11
by a public authority pursuant to NRS 484.369 for the particular portion of2-12
highway being traversed.2-13
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Sec. 3. NRS 484.3685 is hereby amended to read as follows: 484.3685 1. Except as otherwise provided in subsection 3, a person2-16
driving a motor vehicle2-17
of the prima facie speed limit posted by a public authority pursuant to2-18
NRS 484.369 for the portion of highway being traversed shall be punished2-19
by a fine of $25 if2-20
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exceeding2-22
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2. A violation of the speed limit under any of the circumstances set2-27
forth in subsection 1 must not be recorded by the department on a driver’s2-28
record and shall not be deemed a moving traffic violation.2-29
3. The provisions of this section do not apply to a violation specified in2-30
subsection 1 that occurs2-31
on a highway which is:2-32
(a) Immediately adjacent to a public park; or2-33
(b) Located within:2-34
(1) A business district;2-35
(2) A residence district, unless the highway is a freeway, United2-36
States highway or other primary arterial highway;2-37
(3) An area in which the governing body of a local government2-38
requires a motor vehicle to be operated at a reduced speed in the vicinity2-39
of a hospital or other medical facility; or2-40
(4) An area that the governing body of a local government or the2-41
department of transportation has designated as a school zone or school2-42
crossing zone pursuant to NRS 484.366.3-1
Sec. 4. NRS 484.369 is hereby amended to read as follows: 484.369 1. The governing body of a local government or the3-3
department of transportation may prescribe speed zones, and install3-4
appropriate speed signs controlling vehicular traffic3-5
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after conducting necessary studies3-7
therefor3-8
remove the signs therefrom whenever the need therefor ceases to exist.3-9
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posted by:3-11
(a) The department of transportation, on a highway which is3-12
constructed and maintained pursuant to chapter 408 of NRS.3-13
(b) The governing body of the appropriate local government, on any3-14
other highway in this state.3-15
2. Except as otherwise provided in subsection 3, after the3-16
establishment of a speed zone and the installation of appropriate signs to3-17
control speed, the speed limit posted is the prima facie speed limit and it3-18
is unlawful for any person to drive a motor vehicle upon the road and in the3-19
speed zone in excess of the speed therein authorized.3-20
3. Except as otherwise provided in subsection 6, a person does not3-21
violate the provisions of subsection 2 if the person establishes by3-22
competent evidence that he was not driving at:3-23
(a) A rate of speed greater than is reasonable or proper, having due3-24
regard for the traffic, surface and width of the highway, the weather and3-25
other highway conditions; or3-26
(b) Such a rate of speed as to endanger the life, limb or property of a3-27
person.3-28
4. A police officer who issues a citation for a violation of this section3-29
shall indicate on the citation the posted speed limit, the maximum speed3-30
that was safe under the conditions and the speed of the violator. Except3-31
as otherwise provided in NRS 484.3685, the penalty imposed for the3-32
violation must be based on the speed in excess of the maximum speed3-33
determined by the officer to be safe under the conditions.3-34
5. Except as otherwise provided in subsection 6, a police officer shall3-35
not use a speed trap to arrest or assist in arresting a person who violates3-36
this section or use a speed trap to determine the speed of a vehicle, and3-37
any evidence obtained through the use of a speed trap is not admissible3-38
in any judicial or administrative proceeding.3-39
6. The provisions of subsections 3 and 5 do not apply with respect to:3-40
(a) An area that the governing body of a local government or the3-41
department of transportation has designated as a school zone or school3-42
crossing zone pursuant to NRS 484.366.4-1
(b) A highway that is located within a residence district, unless the4-2
highway is a freeway, United States highway or other primary arterial4-3
highway.4-4
7. For the purposes of this section, a police officer uses a speed trap4-5
under any of the following circumstances:4-6
(a) The speed zone does not comply with the requirements of this4-7
section.4-8
(b) A section of a highway is measured and marked for determining4-9
the speed of a vehicle based on the time it takes the vehicle to travel4-10
through that section of the highway.4-11
(c) A section of a highway has a posted speed limit which is not4-12
justified by an engineering and traffic study conducted within the4-13
previous 5 years for the manual and specifications adopted by the4-14
department of transportation pursuant to NRS 484.781 and an electronic4-15
device is used to measure the speed of a vehicle.4-16
(d) A section of a highway has been altered or changed substantially4-17
since the last study was conducted pursuant to NRS 484.781, making the4-18
study inaccurate.4-19
(e) An electronic device is used to measure the speed of a vehicle on a4-20
section of highway which has a speed limit less than the 67th percentile4-21
speed for that section of the highway when traffic is flowing freely,4-22
rounded to the closest 5-miles-per-hour increment.4-23
(f) An electronic device is used to measure the speed of a vehicle on a4-24
section of highway which has a speed limit less than the 85th percentile4-25
speed for that section of the highway when traffic is flowing freely,4-26
rounded to the closest 5-miles-per-hour increment, unless documented4-27
factors other than those considered in the engineering and traffic study4-28
justify reducing the speed limit for that section of highway to a level4-29
between the 85th and 67th percentile speed for that section of highway4-30
when traffic is flowing freely, rounded to the closest 5-miles-per-hour4-31
increment.4-32
(g) The vehicle of a police officer is not marked in such a manner as4-33
to be readily identifiable or the police officer is not dressed in uniform.4-34
Sec. 5. NRS 484.373 is hereby amended to read as follows: 484.373 1. If any driver drives a motor vehicle at a speed so slow as4-36
to impede the forward movement of traffic proceeding immediately behind4-37
him, the driver shall:4-38
(a) If the highway has one lane for traveling in each direction and the4-39
width of the paved portion permits, drive to the extreme right side of the4-40
highway;4-41
(b) If the highway has two or more clearly marked lanes for traffic4-42
traveling in his direction, drive in the extreme right-hand lane except when4-43
necessary to pass other slowly moving vehicles; or5-1
(c) If the highway is a controlled-access highway, use alternate routes5-2
whenever possible.5-3
2. A person shall not bring a vehicle to a complete stop upon a5-4
roadway so as to impede or block the normal and reasonable movement of5-5
traffic unless the stop is necessary for safe operation or in compliance with5-6
law.5-7
3. Except as otherwise provided in NRS 484.261, a person shall not5-8
drive a vehicle into an intersection controlled by an official traffic-5-9
control device exhibiting different colored lights if conditions within the5-10
intersection, including, without limitation, the presence of other vehicles,5-11
are such that the person cannot move through the intersection completely5-12
before the official traffic-control device exhibits a red light, unless:5-13
(a) The person is making a left-hand turn in accordance with5-14
subsection 2 of NRS 484.283; or5-15
(b) A police officer directs the person to do so.5-16
Sec. 6. NRS 484.779 is hereby amended to read as follows: 484.779 1. Except as otherwise provided in subsection 3, a local5-18
authority may adopt, by ordinance, regulations with respect to highways5-19
under its jurisdiction within the reasonable exercise of the police power:5-20
(a) Regulating or prohibiting processions or assemblages on the5-21
highways.5-22
(b) Designating particular highways as one-way highways and requiring5-23
that all vehicles thereon be moved in one specific direction.5-24
(c) Designating any highway as a through highway, requiring that all5-25
vehicles stop before entering or crossing the highway, or designating any5-26
intersection as a stop or a yield intersection and requiring all vehicles to5-27
stop or yield at one or more entrances to the intersection.5-28
(d) Designating truck and bicycle routes.5-29
(e) Adopting such other traffic regulations related to specific highways5-30
as are expressly authorized by this chapter.5-31
2. An ordinance relating to traffic control enacted under this section is5-32
not effective until official devices for traffic control5-33
(a) Conform to the manual and specifications adopted pursuant to5-34
NRS 484.781; and5-35
(b) Give notice of those local traffic regulations ,5-36
are posted upon or at the entrances to the highway or part thereof affected5-37
as is most appropriate.5-38
3. An ordinance enacted under this section is not effective with respect5-39
to:5-40
(a) Highways constructed and maintained by the department of5-41
transportation under the authority granted by chapter 408 of NRS; or6-1
(b) Alternative routes for the transport of radioactive, chemical or other6-2
hazardous materials which are governed by regulations of the United States6-3
Department of Transportation,6-4
until the ordinance has been approved by the board of directors of the6-5
department of transportation.6-6
4. As used in this section, "hazardous material" has the meaning6-7
ascribed to it in NRS 459.7024.6-8
Sec. 7. NRS 484.781 is hereby amended to read as follows: 484.781 1. The department of transportation shall adopt a manual6-10
and specifications for a uniform system of official traffic-control devices6-11
consistent with the provisions of this chapter for use upon highways within6-12
this state. The uniform system must correlate with and so far as possible6-13
conform to the system then current and approved by the American6-14
Association of State Highway Officials and the National Joint Committee6-15
on Uniform Traffic Control Devices.6-16
2. The department of transportation shall conduct an engineering6-17
and traffic study of the highways of this state to determine the reasonable6-18
speed limit for each section of a highway. The department shall update6-19
the study at least every 5 years and each time a section of a highway is6-20
substantially altered or changed. The study must be printed in the6-21
manual adopted pursuant to subsection 1.6-22
3. All devices used by local authorities or the department of6-23
transportation must conform with the manual and specifications adopted by6-24
the department.6-25
Sec. 8. NRS 484.367 and 484.368 are hereby repealed.
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TEXT OF REPEALED SECTIONS
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484.367 Speed limit in unincorporated town.6-28
1. Except as provided in subsection 2 and pursuant to the power6-29
granted in NRS 269.185, the town board or board of county commissioners6-30
may, by ordinance, limit the speed of motor vehicles in any unincorporated6-31
town in the county as may be deemed proper.6-32
2. The department of transportation may establish the speed limits for6-33
motor vehicles on highways within the boundaries of any unincorporated6-34
town which are constructed and maintained under the authority granted by6-35
chapter 408 of NRS.7-1
484.368 Speed limit: Establishment for vehicles on highways7-2
constructed and maintained by department of transportation.7-3
1. The department of transportation may establish the speed limits for7-4
motor vehicles on highways which are constructed and maintained by the7-5
department of transportation under the authority granted to it by chapter7-6
408 of NRS.7-7
2. Except as otherwise provided by federal law, the department of7-8
transportation may establish a speed limit on such highways not to exceed7-9
75 miles per hour and may establish a lower speed limit:7-10
(a) Where necessary to protect public health and safety.7-11
(b) For trucks, overweight and oversized vehicles, trailers drawn by7-12
motor vehicles and buses.~