Senate Bill No. 497–Committee on Transportation

(On Behalf of Administrative Office of the Courts)

March 19, 1999

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Referred to Committee on Transportation

 

SUMMARY—Makes various changes concerning court-ordered installation of device to prevent person convicted of violating certain traffic laws from starting vehicle if he has consumed alcohol. (BDR 43-853)

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; making various changes concerning court-ordered installation of a device in the motor vehicle of a person convicted of driving under the influence of alcohol or a controlled substance to prevent him from driving if he has consumed alcohol; 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 484.3943 is hereby amended to read as follows:

1-2 484.3943 1. Except as otherwise provided in subsection 5, a court:

1-3 (a) May order a person convicted of a first violation of NRS 484.379 [,]

1-4 within 7 years, for a period of not less than 3 months nor more than 6

1-5 months;

1-6 (b) [Shall] May order a person convicted of a second violation of NRS

1-7 484.379 [,] within 7 years, for a period of not less than [6] 3 months nor

1-8 more than 12 months; and

1-9 (c) Shall order a person convicted of a third or subsequent violation of

1-10 NRS 484.379 within 7 years or a violation of NRS 484.3795, for a period

1-11 of not less than 12 months nor more than 36 months,

1-12 to install at his own expense a device in any motor vehicle which he owns

1-13 or operates as a condition to obtaining a restricted license pursuant to

1-14 subsection 3 of NRS 483.490.

2-1 2. A court may order a person convicted of a violation of NRS 484.379

2-2 or 484.3795, for a period determined by the court, to install at his own

2-3 expense a device in any motor vehicle which he owns or operates as a

2-4 condition of reinstatement of his driving privilege.

2-5 3. If the court orders a person to install a device pursuant to subsection

2-6 1 or 2:

2-7 (a) The court shall immediately prepare and transmit a copy of its order

2-8 to the director. The order must include a statement that a device is required

2-9 and the specific period for which it is required. The director shall cause this

2-10 information to be incorporated into the records of the department and noted

2-11 as a restriction on the person’s driver’s license.

2-12 (b) The person who is required to install the device shall provide proof

2-13 of compliance to the department before he may receive a restricted license

2-14 or before his driving privilege may be reinstated, as applicable. Each model

2-15 of a device installed pursuant to this section must have been certified by the

2-16 committee on testing for intoxication.

2-17 4. A person whose driving privilege is restricted pursuant to this

2-18 section shall:

2-19 (a) If he was ordered to install a device pursuant to paragraph (a) of

2-20 subsection 1, have the device inspected by the manufacturer of the device

2-21 or its agent at least one time during the period in which he is required to use

2-22 the device; or

2-23 (b) If he was ordered to install a device pursuant to paragraph (b) or (c)

2-24 of subsection 1, have the device inspected by the manufacturer of the

2-25 device or its agent at least one time each 90 days,

2-26 to determine whether the device is operating properly. An inspection

2-27 required pursuant to this subsection must be conducted in accordance with

2-28 regulations adopted pursuant to NRS 484.3888. The manufacturer or its

2-29 agent shall submit a report to the director indicating whether the device is

2-30 operating properly and whether it has been tampered with. If the device has

2-31 been tampered with, the director shall notify the court that ordered the

2-32 installation of the device.

2-33 5. If a person is required to operate a motor vehicle in the course and

2-34 scope of his employment and the motor vehicle is owned by his employer,

2-35 the person may operate that vehicle without the installation of a device, if:

2-36 (a) The employee notifies his employer that the employee’s driving

2-37 privilege has been so restricted; and

2-38 (b) The employee has proof of that notification in his possession or the

2-39 notice, or a facsimile copy thereof, is with the motor vehicle.

3-1 This exemption does not apply to a motor vehicle owned by a business

3-2 which is all or partly owned or controlled by the person otherwise subject

3-3 to this section.

3-4 Sec. 2. This act becomes effective on July 1, 1999.

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