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 [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 motor vehicles; prohibiting a state or local law enforcement agency of this state from using a quota for citations or arrests or basing certain decisions on numbers of citations or arrests; repealing the maximum speed limit of 75 miles per hour on highways in this state; making a posted speed limit a prima facie speed limit that a person may rebut in certain circumstances; establishing a fine of $25 if a person driving a motor vehicle is traveling no more than 9 miles per hour over the speed limit in certain circumstances; prohibiting the use of speed traps in certain circumstances; prohibiting a person driving a motor vehicle from entering an intersection in certain circumstances; requiring the department of transportation to conduct an engineering and traffic study of the highways of this state; 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. Chapter 484 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 In enforcing the provisions of this chapter or regulations adopted

1-4 pursuant thereto, a state or local law enforcement agency in this state

1-5 shall not:

1-6 1. Establish or carry out a policy that requires or encourages, either

1-7 directly or indirectly, a police officer employed by the law enforcement

1-8 agency to meet a quota for issuing citations or making arrests.

1-9 2. Consider the number of citations issued or arrests made by police

1-10 officers employed by the law enforcement agency when determining the

1-11 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:

2-2 484.361 [It] Except as otherwise provided in NRS 484.369, it is

2-3 unlawful for any person to drive or operate a vehicle of any kind or

2-4 character at:

2-5 1. A rate of speed greater than is reasonable or proper, having due

2-6 regard for the traffic, surface and width of the highway, the weather and

2-7 other highway conditions.

2-8 2. Such a rate of speed as to endanger the life, limb or property of any

2-9 person.

2-10 3. A rate of speed greater than [that] the prima facie speed limit posted

2-11 by a public authority pursuant to NRS 484.369 for the particular portion of

2-12 highway being traversed.

2-13 [4. In any event, a rate of speed greater than 75 miles per hour.]

2-14 Sec. 3. NRS 484.3685 is hereby amended to read as follows:

2-15 484.3685 1. Except as otherwise provided in subsection 3, a person

2-16 driving a motor vehicle [during the hours of daylight] at a speed in excess

2-17 of the prima facie speed limit posted by a public authority pursuant to

2-18 NRS 484.369 for the portion of highway being traversed shall be punished

2-19 by a fine of $25 if [:

2-20 (a) The posted speed limit is 60 miles per hour and] the person is not

2-21 exceeding [a speed of 70 miles per hour.

2-22 (b) The posted speed limit is 65 miles per hour and the person is not

2-23 exceeding a speed of 75 miles per hour.

2-24 (c) The posted speed limit is 70 miles per hour and the person is not

2-25 exceeding a speed of 75] the speed limit by more than 9 miles per hour.

2-26 2. A violation of the speed limit under any of the circumstances set

2-27 forth in subsection 1 must not be recorded by the department on a driver’s

2-28 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 in

2-30 subsection 1 that occurs [in a county whose population is 100,000 or more.]

2-31 on a highway which is:

2-32 (a) Immediately adjacent to a public park; or

2-33 (b) Located within:

2-34 (1) A business district;

2-35 (2) A residence district, unless the highway is a freeway, United

2-36 States highway or other primary arterial highway;

2-37 (3) An area in which the governing body of a local government

2-38 requires a motor vehicle to be operated at a reduced speed in the vicinity

2-39 of a hospital or other medical facility; or

2-40 (4) An area that the governing body of a local government or the

2-41 department of transportation has designated as a school zone or school

2-42 crossing zone pursuant to NRS 484.366.

3-1 Sec. 4. NRS 484.369 is hereby amended to read as follows:

3-2 484.369 1. The governing body of a local government or the

3-3 department of transportation may prescribe speed zones, and install

3-4 appropriate speed signs controlling vehicular traffic [on the state highway

3-5 system as established in chapter 408 of NRS through hazardous areas,]

3-6 after conducting necessary studies [have been made] to determine the need

3-7 therefor [,] pursuant to NRS 484.781, and to eliminate speed zones and

3-8 remove the signs therefrom whenever the need therefor ceases to exist.

3-9 [2. After] The speed limit for such a zone must be determined and

3-10 posted by:

3-11 (a) The department of transportation, on a highway which is

3-12 constructed and maintained pursuant to chapter 408 of NRS.

3-13 (b) The governing body of the appropriate local government, on any

3-14 other highway in this state.

3-15 2. Except as otherwise provided in subsection 3, after the

3-16 establishment of a speed zone and the installation of appropriate signs to

3-17 control speed, the speed limit posted is the prima facie speed limit and it

3-18 is unlawful for any person to drive a motor vehicle upon the road and in the

3-19 speed zone in excess of the speed therein authorized.

3-20 3. Except as otherwise provided in subsection 6, a person does not

3-21 violate the provisions of subsection 2 if the person establishes by

3-22 competent evidence that he was not driving at:

3-23 (a) A rate of speed greater than is reasonable or proper, having due

3-24 regard for the traffic, surface and width of the highway, the weather and

3-25 other highway conditions; or

3-26 (b) Such a rate of speed as to endanger the life, limb or property of a

3-27 person.

3-28 4. A police officer who issues a citation for a violation of this section

3-29 shall indicate on the citation the posted speed limit, the maximum speed

3-30 that was safe under the conditions and the speed of the violator. Except

3-31 as otherwise provided in NRS 484.3685, the penalty imposed for the

3-32 violation must be based on the speed in excess of the maximum speed

3-33 determined by the officer to be safe under the conditions.

3-34 5. Except as otherwise provided in subsection 6, a police officer shall

3-35 not use a speed trap to arrest or assist in arresting a person who violates

3-36 this section or use a speed trap to determine the speed of a vehicle, and

3-37 any evidence obtained through the use of a speed trap is not admissible

3-38 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 the

3-41 department of transportation has designated as a school zone or school

3-42 crossing zone pursuant to NRS 484.366.

4-1 (b) A highway that is located within a residence district, unless the

4-2 highway is a freeway, United States highway or other primary arterial

4-3 highway.

4-4 7. For the purposes of this section, a police officer uses a speed trap

4-5 under any of the following circumstances:

4-6 (a) The speed zone does not comply with the requirements of this

4-7 section.

4-8 (b) A section of a highway is measured and marked for determining

4-9 the speed of a vehicle based on the time it takes the vehicle to travel

4-10 through that section of the highway.

4-11 (c) A section of a highway has a posted speed limit which is not

4-12 justified by an engineering and traffic study conducted within the

4-13 previous 5 years for the manual and specifications adopted by the

4-14 department of transportation pursuant to NRS 484.781 and an electronic

4-15 device is used to measure the speed of a vehicle.

4-16 (d) A section of a highway has been altered or changed substantially

4-17 since the last study was conducted pursuant to NRS 484.781, making the

4-18 study inaccurate.

4-19 (e) An electronic device is used to measure the speed of a vehicle on a

4-20 section of highway which has a speed limit less than the 67th percentile

4-21 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 a

4-24 section of highway which has a speed limit less than the 85th percentile

4-25 speed for that section of the highway when traffic is flowing freely,

4-26 rounded to the closest 5-miles-per-hour increment, unless documented

4-27 factors other than those considered in the engineering and traffic study

4-28 justify reducing the speed limit for that section of highway to a level

4-29 between the 85th and 67th percentile speed for that section of highway

4-30 when traffic is flowing freely, rounded to the closest 5-miles-per-hour

4-31 increment.

4-32 (g) The vehicle of a police officer is not marked in such a manner as

4-33 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:

4-35 484.373 1. If any driver drives a motor vehicle at a speed so slow as

4-36 to impede the forward movement of traffic proceeding immediately behind

4-37 him, the driver shall:

4-38 (a) If the highway has one lane for traveling in each direction and the

4-39 width of the paved portion permits, drive to the extreme right side of the

4-40 highway;

4-41 (b) If the highway has two or more clearly marked lanes for traffic

4-42 traveling in his direction, drive in the extreme right-hand lane except when

4-43 necessary to pass other slowly moving vehicles; or

5-1 (c) If the highway is a controlled-access highway, use alternate routes

5-2 whenever possible.

5-3 2. A person shall not bring a vehicle to a complete stop upon a

5-4 roadway so as to impede or block the normal and reasonable movement of

5-5 traffic unless the stop is necessary for safe operation or in compliance with

5-6 law.

5-7 3. Except as otherwise provided in NRS 484.261, a person shall not

5-8 drive a vehicle into an intersection controlled by an official traffic-

5-9 control device exhibiting different colored lights if conditions within the

5-10 intersection, including, without limitation, the presence of other vehicles,

5-11 are such that the person cannot move through the intersection completely

5-12 before the official traffic-control device exhibits a red light, unless:

5-13 (a) The person is making a left-hand turn in accordance with

5-14 subsection 2 of NRS 484.283; or

5-15 (b) A police officer directs the person to do so.

5-16 Sec. 6. NRS 484.779 is hereby amended to read as follows:

5-17 484.779 1. Except as otherwise provided in subsection 3, a local

5-18 authority may adopt, by ordinance, regulations with respect to highways

5-19 under its jurisdiction within the reasonable exercise of the police power:

5-20 (a) Regulating or prohibiting processions or assemblages on the

5-21 highways.

5-22 (b) Designating particular highways as one-way highways and requiring

5-23 that all vehicles thereon be moved in one specific direction.

5-24 (c) Designating any highway as a through highway, requiring that all

5-25 vehicles stop before entering or crossing the highway, or designating any

5-26 intersection as a stop or a yield intersection and requiring all vehicles to

5-27 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 highways

5-30 as are expressly authorized by this chapter.

5-31 2. An ordinance relating to traffic control enacted under this section is

5-32 not effective until official devices for traffic control [giving] that:

5-33 (a) Conform to the manual and specifications adopted pursuant to

5-34 NRS 484.781; and

5-35 (b) Give notice of those local traffic regulations ,

5-36 are posted upon or at the entrances to the highway or part thereof affected

5-37 as is most appropriate.

5-38 3. An ordinance enacted under this section is not effective with respect

5-39 to:

5-40 (a) Highways constructed and maintained by the department of

5-41 transportation under the authority granted by chapter 408 of NRS; or

6-1 (b) Alternative routes for the transport of radioactive, chemical or other

6-2 hazardous materials which are governed by regulations of the United States

6-3 Department of Transportation,

6-4 until the ordinance has been approved by the board of directors of the

6-5 department of transportation.

6-6 4. As used in this section, "hazardous material" has the meaning

6-7 ascribed to it in NRS 459.7024.

6-8 Sec. 7. NRS 484.781 is hereby amended to read as follows:

6-9 484.781 1. The department of transportation shall adopt a manual

6-10 and specifications for a uniform system of official traffic-control devices

6-11 consistent with the provisions of this chapter for use upon highways within

6-12 this state. The uniform system must correlate with and so far as possible

6-13 conform to the system then current and approved by the American

6-14 Association of State Highway Officials and the National Joint Committee

6-15 on Uniform Traffic Control Devices.

6-16 2. The department of transportation shall conduct an engineering

6-17 and traffic study of the highways of this state to determine the reasonable

6-18 speed limit for each section of a highway. The department shall update

6-19 the study at least every 5 years and each time a section of a highway is

6-20 substantially altered or changed. The study must be printed in the

6-21 manual adopted pursuant to subsection 1.

6-22 3. All devices used by local authorities or the department of

6-23 transportation must conform with the manual and specifications adopted by

6-24 the department.

6-25 Sec. 8. NRS 484.367 and 484.368 are hereby repealed.

 

6-26 TEXT OF REPEALED SECTIONS

 

6-27 484.367 Speed limit in unincorporated town.

6-28 1. Except as provided in subsection 2 and pursuant to the power

6-29 granted in NRS 269.185, the town board or board of county commissioners

6-30 may, by ordinance, limit the speed of motor vehicles in any unincorporated

6-31 town in the county as may be deemed proper.

6-32 2. The department of transportation may establish the speed limits for

6-33 motor vehicles on highways within the boundaries of any unincorporated

6-34 town which are constructed and maintained under the authority granted by

6-35 chapter 408 of NRS.

7-1 484.368 Speed limit: Establishment for vehicles on highways

7-2 constructed and maintained by department of transportation.

7-3 1. The department of transportation may establish the speed limits for

7-4 motor vehicles on highways which are constructed and maintained by the

7-5 department of transportation under the authority granted to it by chapter

7-6 408 of NRS.

7-7 2. Except as otherwise provided by federal law, the department of

7-8 transportation may establish a speed limit on such highways not to exceed

7-9 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 by

7-12 motor vehicles and buses.

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