(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 396–Senator McGinness

 

March 19, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Makes various changes regarding traffic laws. (BDR 43‑1219)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: Yes.

 

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

 

AN ACT relating to traffic laws; requiring the driver of a slow-moving vehicle to turn off the roadway in certain circumstances; prohibiting a person from driving a vehicle in an imprudent or careless manner; 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:

 

1-1    Section 1. Chapter 484 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  On a highway that has one lane for traveling in each

1-4  direction, where passing is unsafe because of traffic traveling in the

1-5  opposite direction or other conditions, the driver of a slow-moving

1-6  vehicle, behind which five or more vehicles are formed in a line, shall

1-7  turn off the roadway to allow the vehicles following behind to proceed:

1-8    (a) At the nearest place designated as a turnout by signs erected by the

1-9  public authority having jurisdiction over the highway; or

1-10    (b) Wherever sufficient area for a safe turnout exists and the driver

1-11  may safely turn off the highway into that turnout.

1-12    2.  A person who violates subsection 1 is guilty of a misdemeanor.

1-13    3.  As used in this section, “slow-moving vehicle” means a vehicle

1-14  that is traveling at a rate of speed which is less than the posted speed

1-15  limit for the highway or portion of the highway upon which the vehicle is

1-16  traveling.

2-1    Sec. 3.  1.  A person shall not drive a vehicle:

2-2    (a) In an imprudent manner, including, without limitation, in a

2-3  manner which indicates that he is not in complete control of his vehicle

2-4  because his full time and attention are not devoted to the driving of the

2-5  vehicle; or

2-6    (b) In a careless or negligent manner.

2-7    2.  A person who violates subsection 1 is guilty of a misdemeanor.

2-8    Sec. 4.  NRS 484.373 is hereby amended to read as follows:

2-9    484.373  1.  If any driver drives a motor vehicle at a speed so slow as

2-10  to impede the forward movement of traffic proceeding immediately behind

2-11  him, the driver shall:

2-12    (a) If the highway has one lane for traveling in each direction and the

2-13  width of the paved portion permits, drive to the extreme right side of the

2-14  highway[;] and, if applicable, comply with the provisions of section 2 of

2-15  this act;

2-16    (b) If the highway has two or more clearly marked lanes for traffic

2-17  traveling in his direction, drive in the extreme right-hand lane except when

2-18  necessary to pass other slowly moving vehicles; or

2-19    (c) If the highway is a controlled-access highway, use alternate routes

2-20  whenever possible.

2-21    2.  A person shall not bring a vehicle to a complete stop upon a

2-22  roadway so as to impede or block the normal and reasonable movement of

2-23  traffic unless the stop is necessary for safe operation or in compliance with

2-24  law.

2-25    Sec. 5.  NRS 484.545 is hereby amended to read as follows:

2-26    484.545  1.  Every vehicle upon a highway of this state [at any time

2-27  from a half hour after sunset to a half hour before sunrise and at any other

2-28  time when, because of insufficient light or unfavorable atmospheric

2-29  conditions, persons and vehicles on the highway are not clearly discernible

2-30  at a distance of 1,000 feet ahead shall] , subject to exceptions with respect

2-31  to parked vehicles as stated in this chapter, must display lighted lamps

2-32  and illuminating devices as respectively required in this chapter for

2-33  different classes of vehicles[, subject to exceptions with respect to parked

2-34  vehicles as stated in this chapter.] :

2-35    (a) At any time from one-half hour after sunset to one-half hour

2-36  before sunrise;

2-37    (b) At any other time when, because of insufficient light or

2-38  unfavorable atmospheric conditions, persons and vehicles on the

2-39  highway are not clearly discernible at a distance of 1,000 feet ahead; and

2-40    (c) When directed by an official traffic control device.

2-41    2.  Every vehicle upon a highway [shall] must be equipped with stop

2-42  lights, turn signals and other signaling devices to be lighted in the manner

2-43  prescribed for the use of such devices.

2-44  Sec. 6.  NRS 484.737 is hereby amended to read as follows:

2-45  484.737  1.  [A] Except as otherwise provided in this section, a

2-46  person shall not drive, move, stop or park any vehicle or combination of

2-47  vehicles, and an owner shall not cause or knowingly permit any vehicle or

2-48  combination of vehicles to be driven, moved, stopped or parked, on any

2-49  highway if [such] the vehicle or combination of vehicles exceeds in size or

3-1  weight or gross loaded weight the maximum limitation specified by law [as

3-2  to such] for that size, weight and gross loaded weight unless [such] the

3-3  person or owner is authorized to drive, move, stop or park [such] the

3-4  vehicle or combination of vehicles by a special permit issued by the proper

3-5  public authority.

3-6    2.  If the department of transportation or a local law enforcement

3-7  agency determines that an emergency exists, the department or the local

3-8  law enforcement agency may authorize a person to drive, move, stop or

3-9  park a vehicle or combination of vehicles without obtaining a special

3-10  permit pursuant to subsection 1. Such an authorization may be given

3-11  orally and may, if requested by a local law enforcement agency or a

3-12  public safety agency, include driving or moving the vehicle or

3-13  combination of vehicles to and from the site of the emergency. If a

3-14  person receives such an authorization, he shall, on the next business day

3-15  after receiving the authorization, obtain a special permit pursuant to

3-16  subsection 1 before driving or moving the vehicle or combination of

3-17  vehicles to or from the site of the emergency.

3-18  3.  This section does not apply to fire apparatus, highway machinery [,]

3-19  or snowplows or to a farm tractor or other implement of husbandry

3-20  temporarily moved upon a highway.

3-21    Sec. 7.  NRS 408.321 is hereby amended to read as follows:

3-22    408.321  The department shall [integrate] , in accordance with

3-23  appropriate standards of design:

3-24    1.  Integrate the consideration of motor vehicle recovery and bicycle

3-25  lanes and bicycle routes, facilities and signs into all plans, designs,

3-26  construction and maintenance of highways[, in accordance with

3-27  appropriate standards of design.] ; and

3-28    2.  To the extent practicable, integrate the consideration of periodic

3-29  turnouts for slower vehicles into plans, designs, construction and

3-30  maintenance of highways that have one lane for traveling in each

3-31  direction.

3-32    Sec. 8.  The amendatory provisions of this act do not apply to offenses

3-33  committed before October 1, 2001.

 

3-34  H