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
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 484.3791-4
within 7 years, for a period of not less than 3 months nor more than 61-5
months;1-6
(b)1-7
484.3791-8
more than 12 months; and1-9
(c) Shall order a person convicted of a third or subsequent violation of1-10
NRS 484.379 within 7 years or a violation of NRS 484.3795, for a period1-11
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 owns1-13
or operates as a condition to obtaining a restricted license pursuant to1-14
subsection 3 of NRS 483.490.2-1
2. A court may order a person convicted of a violation of NRS 484.3792-2
or 484.3795, for a period determined by the court, to install at his own2-3
expense a device in any motor vehicle which he owns or operates as a2-4
condition of reinstatement of his driving privilege.2-5
3. If the court orders a person to install a device pursuant to subsection2-6
1 or 2:2-7
(a) The court shall immediately prepare and transmit a copy of its order2-8
to the director. The order must include a statement that a device is required2-9
and the specific period for which it is required. The director shall cause this2-10
information to be incorporated into the records of the department and noted2-11
as a restriction on the person’s driver’s license.2-12
(b) The person who is required to install the device shall provide proof2-13
of compliance to the department before he may receive a restricted license2-14
or before his driving privilege may be reinstated, as applicable. Each model2-15
of a device installed pursuant to this section must have been certified by the2-16
committee on testing for intoxication.2-17
4. A person whose driving privilege is restricted pursuant to this2-18
section shall:2-19
(a) If he was ordered to install a device pursuant to paragraph (a) of2-20
subsection 1, have the device inspected by the manufacturer of the device2-21
or its agent at least one time during the period in which he is required to use2-22
the device; or2-23
(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 the2-25
device or its agent at least one time each 90 days,2-26
to determine whether the device is operating properly. An inspection2-27
required pursuant to this subsection must be conducted in accordance with2-28
regulations adopted pursuant to NRS 484.3888. The manufacturer or its2-29
agent shall submit a report to the director indicating whether the device is2-30
operating properly and whether it has been tampered with. If the device has2-31
been tampered with, the director shall notify the court that ordered the2-32
installation of the device.2-33
5. If a person is required to operate a motor vehicle in the course and2-34
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 driving2-37
privilege has been so restricted; and2-38
(b) The employee has proof of that notification in his possession or the2-39
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 business3-2
which is all or partly owned or controlled by the person otherwise subject3-3
to this section.3-4
Sec. 2. This act becomes effective on July 1, 1999.~