Assembly Bill No. 444–Committee on Transportation

 

March 19, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Increases penalties for violations of certain traffic laws in temporary traffic control zones. (BDR 43‑1098)

 

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; providing an additional penalty for a violation of certain traffic laws in an area designated as a temporary traffic control zone for construction, maintenance or repair of a highway; requiring prosecution of a failure to comply with signals of flagmen under 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. NRS 484.254 is hereby amended to read as follows:

1-2  484.254  1.  It is unlawful for a driver of a vehicle to fail or

1-3  refuse to comply with any signal of an authorized flagman serving

1-4  in a traffic control capacity in a clearly marked area of highway

1-5  construction or maintenance.

1-6  2.  A district attorney shall prosecute all violations of

1-7  subsection 1 which occur in his jurisdiction. In addition to any

1-8  other penalty, if a driver violates the provisions of this section and

1-9  the violation results in injury to any person performing highway

1-10  construction or maintenance, or in damage to property in an

1-11  amount of not less than $1,000, the driver shall be punished by a

1-12  fine of not less than $1,000 or more than $2,000, and ordered to

1-13  perform 120 hours of community service.

2-1  3.  A person who violates any provision of subsection 1 may be

2-2  subject to the additional penalty set forth in NRS 484.3667.

2-3  4.  As used in this section, “authorized flagman serving in a

2-4  traffic control capacity” means an employee of the Department of

2-5  Transportation or of a contractor performing highway construction

2-6  or maintenance for the Department of Transportation while he is

2-7  carrying out the duties of his employment.

2-8  Sec. 2.  NRS 484.278 is hereby amended to read as follows:

2-9  484.278  1.  It is unlawful for any driver to disobey the

2-10  instructions of any official traffic-control device placed in

2-11  accordance with the provisions of this chapter, unless at the time

2-12  otherwise directed by a police officer.

2-13          2.  No provision of this chapter for which such devices are

2-14  required [shall] may be enforced against an alleged violator if at the

2-15  time and place of the alleged violation [such] the device is not in

2-16  proper position and sufficiently legible to be seen by an ordinarily

2-17  observant person. Whenever a particular provision of this chapter

2-18  does not state that such devices are required, [such provision shall

2-19  be] the provision is effective even though no devices are erected or

2-20  in place.

2-21          3.  Whenever devices are placed in position approximately

2-22  conforming to the requirements of this chapter, such devices [shall

2-23  be] are presumed to have been so placed by the official act or

2-24  direction of a public authority, unless the contrary is established by

2-25  competent evidence.

2-26          4.  Any device placed pursuant to the provisions of this chapter

2-27  and purporting to conform to the lawful requirements pertaining to

2-28  such devices [shall be] is presumed to comply with the requirements

2-29  of this chapter unless the contrary is established by competent

2-30  evidence.

2-31          5.  A person who violates any provision of subsection 1 may be

2-32  subject to the additional penalty set forth in NRS 484.3667.

2-33          Sec. 3.  NRS 484.289 is hereby amended to read as follows:

2-34          484.289  1.  A person shall not, without lawful authority,

2-35  attempt to or alter, deface, injure, knock down or remove any

2-36  official traffic-control device or any railroad sign or signal or any

2-37  inscription, shield or insigne thereon, or any other part thereof.

2-38          2.  A person who violates any provision of this section may be

2-39  subject to the additional penalty set forth in NRS 484.3667.

2-40          Sec. 4.  NRS 484.291 is hereby amended to read as follows:

2-41          484.291  1.  Upon all highways of sufficient width a vehicle

2-42  [shall] must be driven upon the right half of the highway, except as

2-43  follows:

3-1  [1.] (a) When overtaking and passing another vehicle

3-2  proceeding in the same direction under the laws governing such

3-3  movements;

3-4  [2.] (b) When the right half of the highway is closed to traffic;

3-5  [3.] (c) Upon a highway divided into three lanes for traffic

3-6  under the laws applicable thereon;

3-7  [4.] (d) Upon a highway designated and posted for one-way

3-8  traffic; or

3-9  [5.] (e) When the highway is not of sufficient width.

3-10          2.  A person who violates any provision of this section may be

3-11  subject to the additional penalty set forth in NRS 484.3667.

3-12          Sec. 5.  NRS 484.293 is hereby amended to read as follows:

3-13          484.293  1.  Drivers of vehicles proceeding in opposite

3-14  directions shall pass each other keeping to the right, and upon

3-15  highways having width for not more than one line of traffic in each

3-16  direction, each driver shall give to the other at least one-half of the

3-17  paved portion of the highway as nearly as possible.

3-18          2.  A person who violates any provision of this section may be

3-19  subject to the additional penalty set forth in NRS 484.3667.

3-20          Sec. 6.  NRS 484.295 is hereby amended to read as follows:

3-21          484.295  1.  The driver of a vehicle overtaking another vehicle

3-22  proceeding in the same direction shall pass to the left thereof at a

3-23  safe distance and shall not again drive to the right side of the

3-24  highway until safely clear of the overtaken vehicle.

3-25          2.  Except when overtaking and passing on the right is

3-26  permitted, the driver of an overtaken vehicle shall give way to the

3-27  right in favor of the overtaking vehicle upon observing the

3-28  overtaking vehicle or hearing a signal. The driver of an overtaken

3-29  vehicle shall not increase the speed of his vehicle until completely

3-30  passed by the overtaking vehicle.

3-31          3.  A person who violates any provision of this section may be

3-32  subject to the additional penalty set forth in NRS 484.3667.

3-33          Sec. 7.  NRS 484.297 is hereby amended to read as follows:

3-34          484.297  1.  The driver of a vehicle may overtake and pass

3-35  upon the right of another vehicle only under the following

3-36  conditions:

3-37          (a) When the driver of the vehicle overtaken is making or

3-38  signaling to make a left turn.

3-39          (b) Upon a highway with unobstructed pavement, not occupied

3-40  by parked vehicles, of sufficient width for two or more lines of

3-41  moving vehicles in each direction.

3-42          (c) Upon any highway on which traffic is restricted to one

3-43  direction of movement, where the highway is free from obstructions

3-44  and of sufficient width for two or more lines of moving vehicles.

4-1  2.  The driver of a vehicle may overtake and pass another

4-2  vehicle upon the right only under conditions permitting such

4-3  movement in safety.

4-4  3.  The driver of a vehicle shall not overtake and pass another

4-5  vehicle upon the right when such movement requires driving off the

4-6  paved portion of the highway.

4-7  4.  A person who violates any provision of this section may be

4-8  subject to the additional penalty set forth in NRS 484.3667.

4-9  Sec. 8.  NRS 484.299 is hereby amended to read as follows:

4-10          484.299  1.  A vehicle [shall] must not be driven to the left

4-11  side of the center of a two-lane, two-directional highway and

4-12  overtaking and passing another vehicle proceeding in the same

4-13  direction, unless such left side is clearly visible and is free of

4-14  oncoming traffic for a sufficient distance ahead to permit such

4-15  overtaking and passing to be completely made without interfering

4-16  with the safe operation of any vehicle approaching from the

4-17  opposite direction or any vehicle overtaken.

4-18          2.  A vehicle [shall] must not be driven to the left side of the

4-19  highway at any time:

4-20          (a) When approaching the crest of a grade or upon a curve in the

4-21  highway where the driver’s view is obstructed within such distance

4-22  as to create a hazard in the event another vehicle might approach

4-23  from the opposite direction.

4-24          (b) When approaching within 100 feet or traversing any

4-25  intersection or railroad grade crossing.

4-26          (c) When the view is obstructed upon approaching within 100

4-27  feet of any bridge, viaduct or tunnel.

4-28          3.  Subsection 2 does not apply upon a one‑way highway.

4-29          4.  A person who violates any provision of this section may be

4-30  subject to the additional penalty set forth in NRS 484.3667.

4-31          Sec. 9.  NRS 484.301 is hereby amended to read as follows:

4-32          484.301  1.  The Department of Transportation with respect to

4-33  highways constructed under the authority of chapter 408 of NRS,

4-34  and local authorities with respect to highways under their

4-35  jurisdiction, may determine those zones of highways where

4-36  overtaking and passing to the left or making a left-hand turn would

4-37  be hazardous, and may by the erection of official traffic-control

4-38  devices indicate such zones. When such devices are in place and

4-39  clearly visible to an ordinarily observant person , every driver of a

4-40  vehicle shall obey the directions thereof.

4-41          2.  Except as otherwise provided in subsections 3 and 4, a

4-42  driver shall not drive on the left side of the highway within such

4-43  zone or drive across or on the left side of any pavement striping

4-44  designed to mark such zone throughout its length.

5-1  3.  A driver may drive across a pavement striping marking such

5-2  zone to an adjoining highway if he has first given the appropriate

5-3  turn signal and there will be no impediment to oncoming or

5-4  following traffic.

5-5  4.  Except where otherwise provided, a driver may drive across

5-6  a pavement striping marking such a zone to make a left-hand turn if

5-7  he has first given the appropriate turn signal in compliance with

5-8  NRS 484.343, if it is safe and if it would not be an impediment to

5-9  oncoming or following traffic.

5-10          5.  A person who violates any provision of this section may be

5-11  subject to the additional penalty set forth in NRS 484.3667.

5-12          Sec. 10.  NRS 484.305 is hereby amended to read as follows:

5-13          484.305  1.  If a highway has two or more clearly marked

5-14  lanes for traffic traveling in one direction, vehicles must:

5-15          (a) Be driven as nearly as practicable entirely within a single

5-16  lane; and

5-17          (b) Not be moved from that lane until the driver has given the

5-18  appropriate turn signal and ascertained that such movement can be

5-19  made with safety.

5-20          2.  Upon a highway which has been divided into three clearly

5-21  marked lanes a vehicle must not be driven in the extreme left lane at

5-22  any time. A vehicle on such a highway must not be driven in the

5-23  center lane except:

5-24          (a) When overtaking and passing another vehicle where the

5-25  highway is clearly visible and the center lane is clear of traffic for a

5-26  safe distance;

5-27          (b) In preparation for a left turn; or

5-28          (c) When the center lane is allocated exclusively to traffic

5-29  moving in the direction in which the vehicle is proceeding and a

5-30  sign is posted to give notice of such allocation.

5-31          3.  If a highway has been designed to provide a single center

5-32  lane to be used only for turning by traffic moving in both directions,

5-33  the following rules apply:

5-34          (a) A vehicle may be driven in the center turn lane only for the

5-35  purpose of making a left-hand turn.

5-36          (b) A vehicle must not travel more than 200 feet in a center turn

5-37  lane before making a left-hand turn.

5-38          4.  If a highway has been designed to provide a single right lane

5-39  to be used only for turning, a vehicle must:

5-40          (a) Be driven in the right turn lane only for the purpose of

5-41  making a right turn; and

5-42          (b) While being driven in the right turn lane, not travel through

5-43  an intersection.

5-44          5.  A person who violates any provision of this section may be

5-45  subject to the additional penalty set forth in NRS 484.3667.

6-1  Sec. 11.  NRS 484.309 is hereby amended to read as follows:

6-2  484.309  1.  Every vehicle driven upon a divided highway

6-3  [shall] must be driven only upon the right-hand roadway and [shall]

6-4  must not be driven over, across or within any dividing space, barrier

6-5  or section [nor] or make any left turn, semicircular turn or U-turn,

6-6  except through an opening in the barrier or dividing section or space

6-7  or at a crossover or intersection established by a public authority.

6-8  2.  A person who violates any provision of this section may be

6-9  subject to the additional penalty set forth in NRS 484.3667.

6-10          Sec. 12.  NRS 484.311 is hereby amended to read as follows:

6-11          484.311  1.  When official traffic-control devices are erected

6-12  giving notice thereof, a person shall not drive a vehicle onto or from

6-13  any controlled-access highway except at those entrances and exits

6-14  which are indicated by such devices.

6-15          2.  A person who violates any provision of this section may be

6-16  subject to the additional penalty set forth in NRS 484.3667.

6-17          Sec. 13.  NRS 484.335 is hereby amended to read as follows:

6-18          484.335  1.  Whenever official traffic-control devices are

6-19  erected indicating that no right or left turn is permitted, it is

6-20  unlawful for any driver of a vehicle to disobey the directions of any

6-21  such [sign.] devices.

6-22          2.  A person who violates any provision of this section may be

6-23  subject to the additional penalty set forth in NRS 484.3667.

6-24          Sec. 14.  NRS 484.337 is hereby amended to read as follows:

6-25          484.337  1.  A U‑turn may be made on any road where the

6-26  turn can be made with safety, except as prohibited by this section

6-27  and by the provisions of NRS 484.309 and 484.339.

6-28          2.  If an official traffic-control device indicates that a U‑turn is

6-29  prohibited, the driver shall obey the directions of the device.

6-30          3.  The driver of a vehicle shall not make a U‑turn in a business

6-31  district, except at an intersection or on a divided highway where an

6-32  appropriate opening or crossing place exists.

6-33          4.  Notwithstanding the foregoing provisions of this section,

6-34  local authorities and the Department of Transportation may prohibit

6-35  U‑turns at any location within their respective jurisdictions.

6-36          5.  A person who violates any provision of this section may be

6-37  subject to the additional penalty set forth in NRS 484.3667.

6-38          Sec. 15.  NRS 484.361 is hereby amended to read as follows:

6-39          484.361  1.  It is unlawful for any person to drive or operate a

6-40  vehicle of any kind or character at:

6-41          [1.] (a) A rate of speed greater than is reasonable or proper,

6-42  having due regard for the traffic, surface and width of the highway,

6-43  the weather and other highway conditions.

6-44          [2.] (b) Such a rate of speed as to endanger the life, limb or

6-45  property of any person.

7-1  [3.] (c) A rate of speed greater than that posted by a public

7-2  authority for the particular portion of highway being traversed.

7-3  [4.] (d) In any event, a rate of speed greater than 75 miles per

7-4  hour.

7-5  2.  A person who violates any provision of this section may be

7-6  subject to the additional penalty set forth in NRS 484.3667.

7-7  Sec. 16.  NRS 484.363 is hereby amended to read as follows:

7-8  484.363  1.  The fact that the speed of a vehicle is lower than

7-9  the prescribed limits does not relieve a driver from the duty to

7-10  decrease speed when approaching and crossing an intersection,

7-11  when approaching and going around a curve, when approaching a

7-12  hill crest, when traveling upon any narrow or winding highway, or

7-13  when special hazards exist or may exist with respect to pedestrians

7-14  or other traffic, or by reason of weather or other highway conditions,

7-15  and speed [shall] must be decreased as may be necessary to avoid

7-16  colliding with any person, vehicle or other conveyance on or

7-17  entering a highway in compliance with legal requirements and the

7-18  duty of all persons to use due care.

7-19          2.  Any person who fails to use due care as required by

7-20  subsection 1 may be subject to the additional penalty set forth in

7-21  NRS 484.3667.

7-22          Sec. 17.  NRS 484.3667 is hereby amended to read as follows:

7-23          484.3667  1.  Except as otherwise provided in subsection 2, a

7-24  person who is convicted of a violation of a speed limit[:] , or of

7-25  NRS 484.254, 484.278, 484.289, 484.291 to 484.301, inclusive,

7-26  484.305, 484.309, 484.311, 484.335, 484.337, 484.361, 484.363,

7-27  484.3765, 484.377, 484.379, 484.448, 484.453 or 484.479, that

7-28  occurred:

7-29          (a) In an area designated as a temporary traffic control zone in

7-30  which construction, maintenance or repair of a highway is

7-31  conducted; and

7-32          (b) At a time when the workers who are performing the

7-33  construction, maintenance or repair of the highway are present, or

7-34  when the effects of the act may be aggravated because of the

7-35  condition of the highway caused by construction, maintenance or

7-36  repair, including, without limitation, reduction in lane width,

7-37  reduction in the number of lanes, shifting of lanes from the

7-38  designated alignment and uneven or temporary surfaces,

7-39  including, without limitation, modifications to road beds, cement-

7-40  treated bases, chip seals and other similar conditions,

7-41  shall be punished by imprisonment or by a fine, or both, for a term

7-42  or an amount equal to and in addition to the term of imprisonment or

7-43  amount of the fine, or both, that the court imposes for the primary

7-44  offense. Any term of imprisonment imposed pursuant to this

7-45  subsection runs consecutively with the sentence prescribed by the

8-1  court for the crime. This subsection does not create a separate

8-2  offense, but provides an additional penalty for the primary offense,

8-3  whose imposition is contingent upon the finding of the prescribed

8-4  fact.

8-5  2.  The [penalty imposed for the primary offense and the]

8-6  additional penalty imposed pursuant to subsection 1 must not exceed

8-7  a total of $1,000, 6 months of imprisonment or 120 hours of

8-8  community service.

8-9  3.  A governmental entity that designates an area as a temporary

8-10  traffic control zone in which construction, maintenance or repair of

8-11  a highway is conducted, or the person with whom the governmental

8-12  entity contracts to provide such service shall cause to be erected:

8-13          (a) A sign located before the beginning of such an area [which

8-14  states that a double penalty will be imposed upon a person who is

8-15  convicted of violating the speed limit within the temporary traffic

8-16  control zone;] informing drivers of the additional penalty that may

8-17  be imposed pursuant to this section;

8-18          (b) A sign to mark the beginning of the temporary traffic control

8-19  zone; and

8-20          (c) A sign to mark the end of the temporary traffic control zone.

8-21          4.  A person who otherwise would be subject to an additional

8-22  penalty pursuant to this section is not relieved of any criminal

8-23  liability because signs are not erected as required by subsection 3

8-24  if the violation results in injury to any person performing highway

8-25  construction or maintenance in the temporary traffic control zone

8-26  or in damage to property in an amount equal to $1,000 or more.

8-27          Sec. 18.  NRS 484.367 is hereby amended to read as follows:

8-28          484.367  1.  Except as otherwise provided in subsection 2 and

8-29  pursuant to the power granted in NRS 269.185, the town board or

8-30  board of county commissioners may, by ordinance, limit the speed

8-31  of motor vehicles in any unincorporated town in the county as may

8-32  be deemed proper.

8-33          2.  The Department of Transportation may establish the speed

8-34  limits for motor vehicles on highways within the boundaries of any

8-35  unincorporated town which are constructed and maintained under

8-36  the authority granted by chapter 408 of NRS.

8-37          3.  A person who violates any speed limit established pursuant

8-38  to this section may be subject to the additional penalty set forth in

8-39  NRS 484.3667.

8-40          Sec. 19.  NRS 484.368 is hereby amended to read as follows:

8-41          484.368  1.  The Department of Transportation may establish

8-42  the speed limits for motor vehicles on highways which are

8-43  constructed and maintained by the Department of Transportation

8-44  under the authority granted to it by chapter 408 of NRS.

9-1  2.  Except as otherwise provided by federal law, the Department

9-2  of Transportation may establish a speed limit on such highways not

9-3  to exceed 75 miles per hour and may establish a lower speed limit:

9-4  (a) Where necessary to protect public health and safety.

9-5  (b) For trucks, overweight and oversized vehicles, trailers drawn

9-6  by motor vehicles and buses.

9-7  3.  A person who violates any speed limit established pursuant

9-8  to this section may be subject to the additional penalty set forth in

9-9  NRS 484.3667.

9-10          Sec. 20.  NRS 484.3765 is hereby amended to read as follows:

9-11          484.3765  1.  A driver commits an offense of aggressive

9-12  driving if, during any single, continuous period of driving within the

9-13  course of 1 mile, the driver does all the following, in any sequence:

9-14          (a) Commits one or more acts of speeding in violation of NRS

9-15  484.361 or 484.366.

9-16      (b) Commits two or more of the following acts, in any

9-17  combination, or commits any of the following acts more than once:

9-18          (1) Failing to obey an official traffic-control device in

9-19  violation of NRS 484.278.

9-20          (2) Overtaking and passing another vehicle upon the right by

9-21  driving off the paved portion of the highway in violation of

9-22  NRS 484.297.

9-23          (3) Improper or unsafe driving upon a highway that has

9-24  marked lanes for traffic in violation of NRS 484.305.

9-25          (4) Following another vehicle too closely in violation of

9-26  NRS 484.307.

9-27          (5) Failing to yield the right-of-way in violation of any

9-28  provision of NRS 484.315 to 484.323, inclusive.

9-29          (c) Creates an immediate hazard, regardless of its duration, to

9-30  another vehicle or to another person, whether or not the other person

9-31  is riding in or upon the vehicle of the driver or any other vehicle.

9-32          2.  A driver may be prosecuted and convicted of an offense of

9-33  aggressive driving in violation of subsection 1 whether or not the

9-34  driver is prosecuted or convicted for committing any of the acts

9-35  described in paragraphs (a) and (b) of subsection 1.

9-36          3.  A driver who commits an offense of aggressive driving in

9-37  violation of subsection 1 is guilty of a misdemeanor. In addition to

9-38  any other penalty:

9-39          (a) For the first offense within 2 years, the court shall order the

9-40  driver to attend, at his own expense, a course of traffic safety

9-41  approved by the Department and may issue an order suspending the

9-42  driver’s license of the driver for a period of not more than 30 days.

9-43          (b) For a second or subsequent offense within 2 years, the court

9-44  shall issue an order revoking the driver’s license of the driver for a

9-45  period of 1 year.

10-1          4.  To determine whether the provisions of paragraph (a) or (b)

10-2  of subsection 3 apply to one or more offenses of aggressive driving,

10-3  the court shall use the date on which each offense of aggressive

10-4  driving was committed.

10-5          5.  If the driver is already the subject of any other order

10-6  suspending or revoking his driver’s license, the court shall order the

10-7  additional period of suspension or revocation, as appropriate, to

10-8  apply consecutively with the previous order.

10-9          6.  If the court issues an order suspending or revoking the

10-10  driver’s license of the driver pursuant to this section, the court shall

10-11  require the driver to surrender to the court all driver’s licenses then

10-12  held by the driver. The court shall, within 5 days after issuing the

10-13  order, forward the driver’s licenses and a copy of the order to the

10-14  Department.

10-15         7.  If the driver successfully completes a course of traffic safety

10-16  ordered pursuant to this section, the Department shall cancel three

10-17  demerit points from his driving record in accordance with NRS

10-18  483.475, unless the driver would not otherwise be entitled to have

10-19  those demerit points cancelled pursuant to the provisions of that

10-20  section.

10-21         8.  This section does not preclude the suspension or revocation

10-22  of the driver’s license of the driver pursuant to any other provision

10-23  of law.

10-24         9.  A person who violates any provision of subsection 1 may be

10-25  subject to the additional penalty set forth in NRS 484.3667.

10-26         Sec. 21.  NRS 484.377 is hereby amended to read as follows:

10-27         484.377  1.  It is unlawful for a person to:

10-28         (a) Drive a vehicle in willful or wanton disregard of the safety of

10-29  persons or property.

10-30         (b) Drive a vehicle in an unauthorized speed contest on a public

10-31  highway.

10-32  A violation of this subsection or subsection 1 of NRS 484.348

10-33  constitutes reckless driving.

10-34         2.  A person who does any act or neglects any duty imposed by

10-35  law while driving or in actual physical control of any vehicle in

10-36  willful or wanton disregard of the safety of persons or property, if

10-37  the act or neglect of duty proximately causes the death of or

10-38  substantial bodily harm to a person other than himself, is guilty of a

10-39  category B felony and shall be punished by imprisonment in the

10-40  state prison for a minimum term of not less than 1 year and a

10-41  maximum term of not more than 6 years, or by a fine of not more

10-42  than $5,000, or by both fine and imprisonment.

10-43         3.  A person who violates any provision of this section may be

10-44  subject to the additional penalty set forth in NRS 484.3667.

 

11-1          Sec. 22.  NRS 484.379 is hereby amended to read as follows:

11-2          484.379  1.  It is unlawful for any person who:

11-3          (a) Is under the influence of intoxicating liquor;

11-4          (b) Has a concentration of alcohol of 0.10 or more in his blood

11-5  or breath; or

11-6          (c) Is found by measurement within 2 hours after driving or

11-7  being in actual physical control of a vehicle to have a concentration

11-8  of alcohol of 0.10 or more in his blood or breath,

11-9  to drive or be in actual physical control of a vehicle on a highway or

11-10  on premises to which the public has access.

11-11         2.  It is unlawful for any person who:

11-12         (a) Is under the influence of a controlled substance;

11-13         (b) Is under the combined influence of intoxicating liquor and a

11-14  controlled substance; or

11-15         (c) Inhales, ingests, applies or otherwise uses any chemical,

11-16  poison or organic solvent, or any compound or combination of any

11-17  of these, to a degree which renders him incapable of safely driving

11-18  or exercising actual physical control of a vehicle,

11-19  to drive or be in actual physical control of a vehicle on a highway or

11-20  on premises to which the public has access. The fact that any person

11-21  charged with a violation of this subsection is or has been entitled to

11-22  use that drug under the laws of this state is not a defense against any

11-23  charge of violating this subsection.

11-24         3.  It is unlawful for any person to drive or be in actual physical

11-25  control of a vehicle on a highway or on premises to which the public

11-26  has access with an amount of a prohibited substance in his blood or

11-27  urine that is equal to or greater than:

 

11-28                                 Prohibited substanceUrine       Blood

11-29                                         NanogramsNanograms

11-30                                        per milliliterper milliliter

11-31     (a) Amphetamine           500              100

11-32     (b) Cocaine                    150                50

11-33     (c) Cocaine metabolite  150                50

11-34     (d) Heroin                   2,000                50

11-35     (e) Heroin metabolite:

11-36                             (1) Morphine           2,000  50

11-37      (2) 6-monoacetyl morphine                10  10

11-38     (f) Lysergic acid diethylamide             25  10

11-39     (g) Marijuana                   10                  2

11-40     (h) Marijuana metabolite15                  5

11-41     (i) Methamphetamine    500              100

11-42     (j) Phencyclidine              25                10

 

12-1          4.  If consumption is proven by a preponderance of the

12-2  evidence, it is an affirmative defense under paragraph (c) of

12-3  subsection 1 that the defendant consumed a sufficient quantity of

12-4  alcohol after driving or being in actual physical control of the

12-5  vehicle, and before his blood or breath was tested, to cause him to

12-6  have a concentration of alcohol of 0.10 or more in his blood or

12-7  breath. A defendant who intends to offer this defense at a trial

12-8  or preliminary hearing must, not less than 14 days before the trial or

12-9  hearing or at such other time as the court may direct, file and serve

12-10  on the prosecuting attorney a written notice of that intent.

12-11         5.  A person who violates any provision of this section may be

12-12  subject to the additional penalty set forth in NRS 484.3667.

12-13         Sec. 23.  NRS 484.448 is hereby amended to read as follows:

12-14         484.448  1.  It is unlawful for a person to drink an alcoholic

12-15  beverage while he is driving or in actual physical control of a motor

12-16  vehicle upon a highway.

12-17         2.  Except as otherwise provided in this subsection, it is

12-18  unlawful for a person to have an open container of an alcoholic

12-19  beverage within the passenger area of a motor vehicle while the

12-20  motor vehicle is upon a highway. This subsection does not apply to

12-21  a motor vehicle which is designed, maintained or used primarily for

12-22  the transportation of persons for compensation, or to the living

12-23  quarters of a house coach or house trailer.

12-24         3.  A person who violates any provision of this section may be

12-25  subject to the additional penalty set forth in NRS 484.3667.

12-26         4.  As used in this section:

12-27         (a) “Alcoholic beverage” has the meaning ascribed to it in

12-28  NRS 202.015.

12-29         (b) “Open container” means a container which has been opened

12-30  or the seal of which has been broken.

12-31         (c) “Passenger area” means that area of a vehicle which is

12-32  designed for the seating of the driver or a passenger.

12-33         Sec. 24.  NRS 484.453 is hereby amended to read as follows:

12-34         484.453  1.  A person shall not drive a vehicle when it is so

12-35  loaded, or when there are in the front seat such number of persons,

12-36  exceeding three, as to obstruct the view of the driver to the front or

12-37  sides of the vehicle or as to interfere with the driver’s control over

12-38  the driving mechanism of the vehicle.

12-39         2.  A passenger in a vehicle shall not ride in such position as to

12-40  interfere with the driver’s view ahead or to the sides, or to interfere

12-41  with his control over the driving mechanism of the vehicle.

12-42         3.  Except as otherwise provided in NRS 484.6195, a vehicle

12-43  must not be operated upon any highway unless the driver’s vision

12-44  through any required glass equipment is normal.

13-1          4.  A person who violates any provision of this section may be

13-2  subject to the additional penalty set forth in NRS 484.3667.

13-3          Sec. 25.  NRS 484.479 is hereby amended to read as follows:

13-4          484.479  1.  It [shall be] is unlawful for any person to remove

13-5  any barrier or sign stating that a highway is closed to traffic.

13-6          2.  It [shall be] is unlawful to pass over a highway that is

13-7  marked, signed or barricaded to indicate that it is closed to traffic. A

13-8  person who violates any provision of this subsection may be

13-9  subject to the additional penalty set forth in NRS 484.3667.

 

13-10  H