Senate Bill No. 396–Senator McGinness

 

CHAPTER..........

 

AN ACT relating to traffic laws; requiring the driver of a slow-moving vehicle to turn off the roadway in certain circumstances; providing that a vehicle upon a highway of this state must display appropriate lighted lamps and illuminating devices in certain circumstances; authorizing the department of transportation or a local law enforcement agency to allow a person to drive or move certain vehicles or combinations of vehicles to and from the site of an emergency without a special permit under certain circumstances; requiring the department to integrate the consideration of turnouts for vehicles into plans, designs, construction and maintenance of highways in certain circumstances; providing penalties; 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. Chapter 484 of NRS is hereby amended by adding thereto

 the provisions set forth as sections 2 and 3 of this act.

   Sec. 2.  1.  On a highway that has one lane for traveling in each

 direction, where passing is unsafe because of traffic traveling in the

 opposite direction or other conditions, the driver of a slow-moving

 vehicle, behind which five or more vehicles are formed in a line, shall, to

 allow the vehicles following behind to proceed, turn off the roadway:

   (a) At the nearest place designated as a turnout by signs erected by the

 public authority having jurisdiction over the highway; or

   (b) In the absence of such a designated turnout, at the nearest place

 where:

     (1) Sufficient area for a safe turnout exists; and

     (2) The circumstances and conditions are such that the driver is

 able to turn off the roadway in a safe manner.

   2.  A person who violates subsection 1 is guilty of a misdemeanor.

   3.  As used in this section, “slow-moving vehicle” means a vehicle

 that is traveling at a rate of speed which is less than the posted speed

 limit for the highway or portion of the highway upon which the vehicle

 is traveling.

   Sec. 3.  (Deleted by amendment.)

   Sec. 4.  NRS 484.373 is hereby amended to read as follows:

   484.373  1.  If any driver drives a motor vehicle at a speed so slow as

 to impede the forward movement of traffic proceeding immediately behind

 him, the driver shall:

   (a) If the highway has one lane for traveling in each direction and the

 width of the paved portion permits, drive to the extreme right side of the

 highway[;] and, if applicable, comply with the provisions of section 2 of

 this act;

   (b) If the highway has two or more clearly marked lanes for traffic

 traveling in his direction, drive in the extreme right-hand lane except when

 necessary to pass other slowly moving vehicles; or

   (c) If the highway is a controlled-access highway, use alternate routes

 whenever possible.

   2.  A person shall not bring a vehicle to a complete stop upon a

 roadway so as to impede or block the normal and reasonable movement of

traffic unless the stop is necessary for safe operation or in compliance with

law.

   Sec. 5.  NRS 484.545 is hereby amended to read as follows:

   484.545  1.  Every vehicle upon a highway of this state [at any time

 from a half hour after sunset to a half hour before sunrise and at any other

 time when, because of insufficient light or unfavorable atmospheric

 conditions, persons and vehicles on the highway are not clearly discernible

 at a distance of 1,000 feet ahead shall] , subject to exceptions with respect

 to parked vehicles as stated in this chapter, must display lighted lamps

 and illuminating devices as respectively required in this chapter for

 different classes of vehicles[, subject to exceptions with respect to parked

 vehicles as stated in this chapter.] :

   (a) At any time from one-half hour after sunset to one-half hour

 before sunrise;

   (b) At any other time when, because of insufficient light or

 unfavorable atmospheric conditions, persons and vehicles on the

 highway are not clearly discernible at a distance of 1,000 feet ahead;

 and

   (c) When directed by an official traffic control device.

   2.  Every vehicle upon a highway [shall] must be equipped with stop

 lights, turn signals and other signaling devices to be lighted in the manner

 prescribed for the use of such devices.

   Sec. 6.  NRS 484.737 is hereby amended to read as follows:

   484.737  1.  [A] Except as otherwise provided in this section, a

 person shall not drive, move, stop or park any vehicle or combination of

 vehicles, and an owner shall not cause or knowingly permit any vehicle or

 combination of vehicles to be driven, moved, stopped or parked, on any

 highway if [such] the vehicle or combination of vehicles exceeds in size or

 weight or gross loaded weight the maximum limitation specified by law

 [as to such] for that size, weight and gross loaded weight unless [such] the

 person or owner is authorized to drive, move, stop or park [such] the

 vehicle or combination of vehicles by a special permit issued by the proper

 public authority.

   2.  If the department of transportation or a local law enforcement

 agency determines that an emergency exists, the department or the local

 law enforcement agency may authorize a person to drive, move, stop or

 park a vehicle or combination of vehicles without obtaining a special

 permit pursuant to subsection 1. Such an authorization may be given

 orally and may, if requested by a local law enforcement agency or a

 public safety agency, include driving or moving the vehicle or

 combination of vehicles to and from the site of the emergency. If a

 person receives such an authorization, he shall, on the next business day

 after receiving the authorization, obtain a special permit pursuant to

 subsection 1.

   3.  This section does not apply to fire apparatus, highway machinery [,]

 or snowplows or to a farm tractor or other implement of husbandry

 temporarily moved upon a highway.

   Sec. 7.  NRS 408.321 is hereby amended to read as follows:

   408.321  The department shall [integrate] , in accordance with

 appropriate standards of design:

   1.  Integrate the consideration of motor vehicle recovery and bicycle

lanes and bicycle routes, facilities and signs into all plans, designs,

 construction and maintenance of highways[, in accordance with

 appropriate standards of design.] ; and

   2.  To the extent practicable, integrate the consideration of periodic

 turnouts for slower vehicles into plans, designs, construction and

 maintenance of highways that have one lane for traveling in each

 direction.

   Sec. 8.  The amendatory provisions of this act do not apply to offenses

 committed before October 1, 2001.

 

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