(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 83–Committee on Transportation

 

(On Behalf of Regional Transportation Commission
of Southern Nevada)

 

February 12, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Makes various changes concerning vehicles used to provide public mass transportation. (BDR 43‑1020)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to vehicles; requiring the driver of a vehicle under certain circumstances to yield the right of way to buses and other vehicles used to provide public mass transportation; providing for the issuance under certain circumstances of a permit authorizing the operation or movement of certain heavier vehicles used to provide public mass transportation; 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:

 

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    The driver of a vehicle shall yield the right of way to a bus or other

1-4  vehicle used to provide public mass transportation which is traveling in

1-5  the same direction and which has properly signaled and is reentering the

1-6  flow of traffic from a turnout lane for such buses or other vehicles.

1-7    Sec. 2. NRS 484.3765 is hereby amended to read as follows:

1-8    484.3765  1.  A driver commits an offense of aggressive driving if,

1-9  during any single, continuous period of driving within the course of 1 mile,

1-10  the driver does all the following, in any sequence:

1-11    (a) Commits one or more acts of speeding in violation of NRS 484.361

1-12  or 484.366.

1-13    (b) Commits two or more of the following acts, in any combination, or

1-14  commits any of the following acts more than once:

1-15      (1) Failing to obey an official traffic-control device in violation of

1-16  NRS 484.278.

2-1       (2) Overtaking and passing another vehicle upon the right by driving

2-2  off the paved portion of the highway in violation of NRS 484.297.

2-3       (3) Improper or unsafe driving upon a highway that has marked lanes

2-4  for traffic in violation of NRS 484.305.

2-5       (4) Following another vehicle too closely in violation of NRS

2-6  484.307.

2-7       (5) Failing to yield the right of way in violation of any provision of

2-8  NRS 484.315 to 484.323, inclusive[.] , and section 1 of this act.

2-9    (c) Creates an immediate hazard, regardless of its duration, to another

2-10  vehicle or to another person, whether or not the other person is riding in or

2-11  upon the vehicle of the driver or any other vehicle.

2-12    2.  A driver may be prosecuted and convicted of an offense of

2-13  aggressive driving in violation of subsection 1 whether or not the driver is

2-14  prosecuted or convicted for committing any of the acts described in

2-15  paragraphs (a) and (b) of subsection 1.

2-16    3.  A driver who commits an offense of aggressive driving in violation

2-17  of subsection 1 is guilty of a misdemeanor. In addition to any other

2-18  penalty:

2-19    (a) For the first offense within 2 years, the court shall order the driver to

2-20  attend, at his own expense, a course of traffic safety approved by the

2-21  department and may issue an order suspending the driver’s license of the

2-22  driver for a period of not more than 30 days.

2-23    (b) For a second or subsequent offense within 2 years, the court shall

2-24  issue an order revoking the driver’s license of the driver for a period of 1

2-25  year.

2-26    4.  To determine whether the provisions of paragraph (a) or (b) of

2-27  subsection 3 apply to one or more offenses of aggressive driving, the court

2-28  shall use the date on which each offense of aggressive driving was

2-29  committed.

2-30    5.  If the driver is already the subject of any other order suspending or

2-31  revoking his driver’s license, the court shall order the additional period of

2-32  suspension or revocation, as appropriate, to apply consecutively with the

2-33  previous order.

2-34    6.  If the court issues an order suspending or revoking the driver’s

2-35  license of the driver pursuant to this section, the court shall require the

2-36  driver to surrender to the court all driver’s licenses then held by the driver.

2-37  The court shall, within 5 days after issuing the order, forward the driver’s

2-38  licenses and a copy of the order to the department.

2-39    7.  If the driver successfully completes a course of traffic safety ordered

2-40  pursuant to this section, the department shall cancel three demerit points

2-41  from his driving record in accordance with NRS 483.475, unless the driver

2-42  would not otherwise be entitled to have those demerit points canceled

2-43  pursuant to the provisions of that section.

2-44    8.  This section does not preclude the suspension or revocation of the

2-45  driver’s license of the driver pursuant to any other provision of law.

2-46    Sec. 3.  NRS 484.7485 is hereby amended to read as follows:

2-47    484.7485  1.  [A] Except as otherwise provided in subsection 2, a

2-48  vehicle that is used by a regional transportation commission or its

2-49  contractor to provide public mass transportation may be operated or moved

3-1  upon a public highway, other than a highway within the designated

3-2  interstate system, if the maximum weight does not exceed, on a single axle

3-3  with:

3-4    (a) Single tires, 20,000 pounds; or

3-5    (b) Dual tires, 25,000 pounds.

3-6    2.  A vehicle with a maximum weight on a single axle with single tires

3-7  of more than 20,000 pounds but not more than 29,000 pounds that is

3-8  used by a regional transportation commission or its contractor to provide

3-9  public mass transportation as part of a demonstration project may be

3-10  operated or moved upon a public highway, other than a highway within

3-11  the designated interstate system, if the tires are not less than 20 inches in

3-12  width and the department of transportation, after conducting an

3-13  evaluation of the vehicle:

3-14    (a) Determines that such operation or movement of the vehicle is in

3-15  the best interest of the department; and

3-16    (b) In its discretion, issues a permit authorizing such operation or

3-17  movement of the vehicle.

3-18    3.  As used in this section:

3-19    (a) “Contractor” means any person or governmental entity that has

3-20  entered into a contract with a regional transportation commission to

3-21  provide services related to the provision of public mass transportation, but

3-22  only during the period in which the contract remains legally effective.

3-23    (b) “Regional transportation commission” means any regional

3-24  transportation commission created and organized in accordance with

3-25  chapter 373 of NRS, and which provides or sponsors public mass

3-26  transportation services.

 

3-27  H