MINUTES OF THE meeting
of the
ASSEMBLY Committee on Transportation
Seventy-First Session
March 27, 2001
The Committee on Transportationwas called to order at 1:30 p.m., on Tuesday, March 27, 2001. Chairwoman Vonne Chowning presided in Room 3143 of the Legislative Building, Carson City, Nevada. Exhibit A was the Agenda. Exhibit B was the Guest List. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Mrs. Vonne Chowning, Chairwoman
Ms. Genie Ohrenschall, Vice Chairman
Mr. John Carpenter
Mrs. Barbara Cegavske
Mr. Jerry Claborn
Mr. Tom Collins
Mr. Don Gustavson
Mr. John J. Lee
Ms. Kathy McClain
Mr. Dennis Nolan
Mr. John Oceguera
Mrs. Debbie Smith
GUEST LEGISLATORS PRESENT:
Assemblywoman Ellen Koivisto
STAFF MEMBERS PRESENT:
Paul Mouritsen, Committee Policy Analyst
N. Jolene Jones Miley, Transcribing Committee Secretary
Jeri Mosey, Recording Committee Secretary
OTHERS PRESENT:
Col. Michael E. Hood, Chief, Nevada Highway Patrol Division, Department of Motor Vehicles/Public Safety
Susan Martinovich, Assistant Director, Engineering, Nevada Department of Transportation (NDOT)
Daryl Capurro, Managing Director, Nevada Motor Transport Association
Cheryl Blomstrom, Lobbyist, Nevada Chapter, Associated General Contractors of America, Inc.
Stan Olsen, Lieutenant, Government Liaison, Las Vegas Metropolitan Police Department
Andy Anderson, Executive Director, Las Vegas Police Protection Association Metro, Inc.
Lisa Foster, Public Affairs Department, American Automobile Association (AAA) of Nevada
Captain James Nadeau, Detective Division, Washoe County Sheriff’s Office
Ben Blinn, Citizen
Chairwoman Chowning called the meeting to order at 1:48 p.m. and opened the hearing on A.B. 382.
Assembly Bill 382: Revises provisions governing movement of traffic. (BDR 43-1142)
Assemblywoman Koivisto testified in support of A.B. 382. Mrs. Koivisto stated that a constituent had felt that A.B. 382 would help prevent accidents involving large trucks. Assemblyman Tom Collins said he thought North Las Vegas had adopted an ordinance similar to the language in A.B. 382; he commended Mrs. Koivisto for bringing the bill forward.
Assemblyman Gustavson stated he was concerned about merging traffic, and asked Mrs. Koivisto if she had given that any thought. Mrs. Koivisto said she hoped some of the law enforcement people present could answer that concern.
Col. Michael E. Hood, Chief, Nevada Highway Patrol Division, DMV/PS testified in opposition to A.B. 382. He said he had some concerns regarding I-80 between Winnemucca and Lovelock; there were signs instructing trucks to travel in the left lane so they would not destroy the highway. He was concerned with enforcement of A.B. 382 as there were already laws on the books for vehicles that impeded traffic.
Mr. Collins said he supported A.B. 382 and it had been his experience trucks remained in the left lane even when other vehicles were traveling at 15 miles-per-hour and he had never seen a truck cited for impeding traffic. Col. Hood responded there were laws on the books, but the enforcement of that law depended upon whether there was an officer in the area at the time. He stated the Nevada Highway Patrol was down 80 officers. He reiterated the laws on the books were sufficient.
Mr. Gustavson asked Col. Hood if there would be an enforcement problem for the Nevada Highway Patrol if A.B. 382 were successful. Col. Hood replied it could present conflicts and problems with enforcement.
Susan Martinovich, Assistant Director, Engineering, NDOT testified as a neutral witness on A.B. 382. She said all the concerns of NDOT had been expressed. Trucks would be allowed into the left lane for reasons of safety. Ms. Martinovich said NDOT would like to see the bill modified to reflect NDOT’s discretion to utilize the left lanes when appropriate for safety or structural issues.
Daryl Capurro, Managing Director, Nevada Motor Transport Association, (NMTA) testified against A.B. 382. He said the association had a number of concerns with A.B. 382, in particular subsection 2 of Section 1. Mr. Capurro said A.B. 382 would create unsafe situations relating to merging traffic on on-ramp situations, especially in congested areas. Mr. Capurro stated he saw no reason to change the law. Mr. Gustavson asked Mr. Capurro if A.B. 382 would create more of a safety issue than it would solve. Mr. Capurro replied in the affirmative.
Assemblyman John Carpenter stated there was no way to enforce the laws on I-80 because the truckers knew exactly where the highway patrol officers were at any given time. He said the truckers not only occupied two lanes but where there were three lanes, they blocked three lanes. Mr. Carpenter said motorists could monitor the truckers on the Citizen’s Band (CB) radio, talking about cutting off automobiles. He suggested a phone number be placed on trucks whereby motorists could call and lodge a complaint. Mr. Capurro stated that most companies did require an “800” number on the backs of trucks and the NMTA endorsed that policy.
Cheryl Blomstrom, Lobbyist, Nevada Chapter, Associated General contractors of America, Inc., testified in opposition to A.B. 382. She stated professional drivers were the best judges of where their trucks needed to travel for the safety of the motoring public and the cargo they were carrying. She commented that courtesy could not be legislated.
Mrs. Cegavske asked if the road rage legislation in statute would be the same for truck drivers as it was for passenger cars. Chairwoman Chowning asked Col. Hood to address Mrs. Cegavske’s concerns. Col. Hood replied that road rage legislation was the same for all drivers.
Chairwoman Chowning closed the hearing on A.B. 382 and opened the hearing on A.B. 383.
Assembly Bill 383: Prohibits driver of motor vehicle from permitting person to ride upon or within certain portions of motor vehicles under certain circumstances. (BDR 43-150)
Mrs. Koivisto testified in support of A.B. 383 stating for record, she had presented this bill during the Seventieth Session in 1999. She read from prepared text (EXHIBIT C) stating A.B. 383 was identical to the final version of A.B. 157 of the Seventieth Session. Mrs. Koivisto said A.B. 157 of the Seventieth Session had been amended several times to address concerns of the committee members. The final version of A.B. 157 of the Seventieth Session was passed out of the Assembly Committee on Transportation, passed by the Assembly and subsequently killed in the Senate.
Mrs. Koivisto testified that A.B. 383 was a child safety bill. She said pickup trucks had increased in popularity for family transportation. Mrs. Koivisto stated that space and the number of seatbelts limit occupant safety even while inside the cab. She informed the committee that pickup trucks were not required to meet the same safety standards as passenger vehicles. Mrs. Koivisto continued stating because of the lack of seating inside the cab of a pickup truck, children and other passengers often travel in the cargo area of the truck. She said the injuries from a low-speed impact could be devastating. Mrs. Koivisto stated injuries sustained from being thrown from the bed of a pickup truck are usually permanent.
Mrs. Koivisto cited a Washington State study that found the fatality risk 10.4 percent greater for persons riding in the cargo areas of pickup trucks. The risk to the general population, driving passenger cars that had been involved in traffic collisions was much lower. She said ejection from the cargo area of pickup trucks was a major cause of injury and death for pick-up truck passengers. She stated the study showed that most noncollision deaths were due to persons falling out of cargo areas due to swerving, braking or rough roads. Over 200 deaths per year occurred to persons riding in pickup cargo beds, and more than half of those deaths were children and teen-agers.
Mrs. Koivisto also stated there were exemptions in A.B. 383, i.e., the truck was being used for farming or ranching, or being driven in a parade authorized by a local authority. She said those were the issues persons were concerned about during the Seventieth Session. It was a secondary offense, as the language was taken from the seat-belt statute; in other words, a driver could not be stopped just because there were passengers in the cargo area of the truck. Chairwoman Chowning asked if it applied to the open area of the pickup truck with or without a camper shell. Mrs. Koivisto responded that a citation would be issued only if the vehicle was stopped for something else or the driver was arrested for another violation.
Mr. Claborn said it was a good bill last session and was a good bill this session. He said he would vote in support of A.B. 383.
Mr. Gustavson stated he had not supported the bill last session and he still had problems with A.B. 383. He asked Mrs. Koivisto about slide in campers. He stated many families took their vacations with a camper and did not have room for the entire family in the interior of the cab so some family members traveled in the camper. He also asked about the fines; he was concerned with taking away from the judicial system the discretion of enforcing a fine. Another question he asked was why the freeways had been exempted from A.B. 383.
Chairwoman Chowning asked Mrs. Koivisto if she had conducted any research with local entities concerning the local ordinances. Mrs. Koivisto said most cities and counties had ordinances prohibiting pets being transported in the cargo area of pickup trucks.
Col. Hood, testified in support of A.B. 383; the Nevada Highway Patrol felt A.B. 383 was a safety measure and lifesaver. Chairwoman Chowning asked Col. Hood if he could address some of Mr. Gustavson’s concerns over single-lane roads being more dangerous than freeways or double-lane highways. Col. Hood responded there was no difference whether a child or teenager fell out of a cargo area of a pickup truck on a single lane, double lane or freeway, that person was going to be severely injured or killed. Col. Hood said that as far as maintenance and road conditions, freeways were usually in better condition than rural roads.
Stan Olsen, Lieutenant, Government Liaison, Las Vegas Metropolitan Police Department, testified in support of A.B. 383. He said A.B. 383 would save lives.
Andy Anderson, Executive Director, Las Vegas Police Protection Association Metro, Inc., testified in support A.B. 383. He said it was good legislation and stated A.B. 383 would save lives.
Mr. Gustavson asked Col. Hood for clarification, stating that driving on a freeway was generally much safer than driving on a rural road. Col. Hood said there were many factors that should be considered. He agreed that the freeway system was a safer system than rural roads throughout the state. He said freeways were designed to handle heavy traffic, therefore, highway maintenance was more intense.
Mr. Nolan asked Col. Hood his feelings on a camper shell being kept in place if that would save lives. Col. Hood responded if a camper shell was in place, passengers would be treated just like any other unrestrained passenger in a car. He said that the camper shell would prohibit a person from being ejected if the camper shell held up during the collision. Col. Hood said there were many factors that would contribute to that scenario.
Lisa Foster, Public Affairs Department, American Automobile Association (AAA) of Nevada stated that AAA of Nevada supported A.B. 383.
Captain James Nadeau, Detective Division, Washoe County Sheriff’s Office stated that his agency supported A.B. 383.
Mr. Collins asked Ms. Foster if insurance claims had been rejected because the person injured had been thrown from the back of a pickup truck or had been unrestrained in the back of a pickup truck. Ms. Foster replied insurance law was different in every state. She said she would do research and report back to him.
Ben Blinn, Citizen, testified in support of A.B. 383, and urged the committee to pass this bill.
Chairwoman Chowning closed the hearing on A.B. 383, and informed the committee that the next meeting had a full agenda. Since there was no further business, she adjourned the Assembly Committee on Transportation at 2:54 p.m.
RESPECTFULLY SUBMITTED:
N. Jolene Jones Miley
Committee Secretary
APPROVED BY:
Assemblywoman Vonne Chowning, Chairwoman
DATE: