Assembly Bill No. 383–Assemblymen Koivisto, Bache, McClain, Parks, Anderson, Arberry, Brown, Chowning, Claborn, Freeman, Giunchigliani, Manendo, Mortenson, Nolan, Oceguera, Ohrenschall, Price, Smith and Tiffany

 

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AN ACT relating to traffic laws; prohibiting the driver of a motor vehicle from permitting a person to ride upon the bed of a flatbed truck or within the bed of a pickup truck under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 484.473 is hereby amended to read as follows:

   484.473  [A person]

   1.  Except as otherwise provided in subsections 2 and 4, a driver shall

 not permit a person, with regard to a motor vehicle being operated on a

 paved highway within a county whose population is 100,000 or more, to

 ride [on any vehicle] upon or within any portion [thereof] of the vehicle

 that is primarily designed or intended for carrying goods or other cargo

 or that is otherwise not designed or intended for the use of passengers[.

 This provision does not apply to an employee engaged in the necessary

 discharge of a duty, or to a person or persons riding within truck bodies

 and space intended for merchandise.] , including, without limitation:

   (a) Upon the bed of a flatbed truck; or

   (b) Within the bed of a pickup truck.

   2.  A driver may permit a person to ride upon the bed of a flatbed

 truck or within the bed of a pickup truck if the person is:

   (a) Eighteen years of age or older; or

   (b) Under 18 years of age and the motor vehicle is:

     (1) Not being operated on a freeway or other road that has two or

 more lanes for traffic traveling in one direction;

     (2) Being used in the course of farming or ranching; or

     (3) Being driven in a parade authorized by a local authority.

   3.  A citation must be issued to a driver who permits a person to ride

 upon the bed of a flatbed truck or within the bed of a pickup truck in

 violation of subsection 1. A driver who is cited pursuant to this

 subsection shall be punished by a fine of at least $35 but not more than

 $100.

   4.  The provisions of subsection 1 do not apply to the portion of the

 bed of a truck that is covered by a camper shell or slide-in camper.

   5.  A violation of this section:

   (a) Is not a moving traffic violation for the purposes of NRS 483.473;

 and

   (b) May not be considered as:

     (1) Negligence or causation in a civil action; or

     (2) Negligent or reckless driving for the purposes of NRS 484.377.

   6.  As used in this section:

   (a) “Camper shell” has the meaning ascribed to it in NRS 361.017.

   (b) “Freeway” has the meaning ascribed to it in NRS 408.060.

   (c) “Slide-in camper” has the meaning ascribed to it in NRS 482.113.

   Sec. 2.  The amendatory provisions of this act do not apply to offenses

committed before October 1, 2001.

 

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