(Reprinted with amendments adopted on April 14, 2003)

 

Assembly Bill No. 444–Committee on Transportation

 

March 19, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Makes various changes relating to traffic laws. (BDR 43‑1098)

 

FISCAL NOTE:    Effect on Local Government: Yes.

                             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 traffic laws; authorizing vehicles used by the Department of Transportation in the construction, maintenance or repair of highways to be equipped with tail lamps that emit nonflashing blue light under certain circumstances; 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:

 

    Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

    An authorized vehicle used by the Department of Transportation for the construction, maintenance or repair of highways may be equipped with tail lamps that emit nonflashing blue light which may be used:

    1.  For vehicles that perform construction, maintenance or repair of highways, including, without limitation, vehicles used for the removal of snow, when the vehicle is engaged in such construction, maintenance or repair; and

    2.  For all other authorized vehicles of the Department of Transportation used in the construction, maintenance or repair of highways:

    (a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and

    (b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present.

1-1  Sec. 1.5 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.

1-14      3.  A person who violates any provision of subsection 1 may be

1-15  subject to the additional penalty set forth in NRS 484.3667.

1-16      4.  As used in this section, “authorized flagman serving in a

1-17  traffic control capacity” means [an] :

1-18      (a) An employee of the Department of Transportation or of a

1-19  contractor performing highway construction or maintenance for the

1-20  Department of Transportation while he is carrying out the duties of

1-21  his employment [.] ;

1-22      (b) An employee of any other governmental entity or of a

1-23  contractor performing highway construction or maintenance for

1-24  the governmental entity while he is carrying out the duties of his

1-25  employment; or

1-26      (c) Any other person employed by a private entity performing

1-27  highway construction or maintenance while he is carrying out the

1-28  duties of his employment if the person has satisfactorily completed

1-29  training as a flagman approved or recognized by the Department

1-30  of Transportation.

1-31      Sec. 2.  NRS 484.278 is hereby amended to read as follows:

1-32      484.278  1.  It is unlawful for any driver to disobey the

1-33  instructions of any official traffic-control device placed in

1-34  accordance with the provisions of this chapter, unless at the time

1-35  otherwise directed by a police officer.

1-36      2.  No provision of this chapter for which such devices are

1-37  required [shall] may be enforced against an alleged violator if at the

2-1  time and place of the alleged violation [such] the device is not in

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

2-3  observant person. Whenever a particular provision of this chapter

2-4  does not state that such devices are required, [such provision shall

2-5  be] the provision is effective even though no devices are erected or

2-6  in place.

2-7  3.  Whenever devices are placed in position approximately

2-8  conforming to the requirements of this chapter, such devices [shall

2-9  be] are presumed to have been so placed by the official act or

2-10  direction of a public authority, unless the contrary is established by

2-11  competent evidence.

2-12      4.  Any device placed pursuant to the provisions of this chapter

2-13  and purporting to conform to the lawful requirements pertaining to

2-14  such devices [shall be] is presumed to comply with the requirements

2-15  of this chapter unless the contrary is established by competent

2-16  evidence.

2-17      5.  A person who violates any provision of subsection 1 may be

2-18  subject to the additional penalty set forth in NRS 484.3667.

2-19      Sec. 3.  NRS 484.289 is hereby amended to read as follows:

2-20      484.289  1.  A person shall not, without lawful authority,

2-21  attempt to or alter, deface, injure, knock down or remove any

2-22  official traffic-control device or any railroad sign or signal or any

2-23  inscription, shield or insigne thereon, or any other part thereof.

2-24      2.  A person who violates any provision of this section may be

2-25  subject to the additional penalty set forth in NRS 484.3667.

2-26      Sec. 4.  NRS 484.291 is hereby amended to read as follows:

2-27      484.291  1.  Upon all highways of sufficient width a vehicle

2-28  [shall] must be driven upon the right half of the highway, except as

2-29  follows:

2-30      [1.] (a) When overtaking and passing another vehicle

2-31  proceeding in the same direction under the laws governing such

2-32  movements;

2-33      [2.] (b) When the right half of the highway is closed to traffic;

2-34      [3.] (c) Upon a highway divided into three lanes for traffic

2-35  under the laws applicable thereon;

2-36      [4.] (d) Upon a highway designated and posted for one-way

2-37  traffic; or

2-38      [5.] (e) When the highway is not of sufficient width.

2-39      2.  A person who violates any provision of this section may be

2-40  subject to the additional penalty set forth in NRS 484.3667.

2-41      Sec. 5.  NRS 484.293 is hereby amended to read as follows:

2-42      484.293  1.  Drivers of vehicles proceeding in opposite

2-43  directions shall pass each other keeping to the right, and upon

2-44  highways having width for not more than one line of traffic in each

3-1  direction, each driver shall give to the other at least one-half of the

3-2  paved portion of the highway as nearly as possible.

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

3-4  subject to the additional penalty set forth in NRS 484.3667.

3-5  Sec. 6.  NRS 484.295 is hereby amended to read as follows:

3-6  484.295  1.  The driver of a vehicle overtaking another vehicle

3-7  proceeding in the same direction shall pass to the left thereof at a

3-8  safe distance and shall not again drive to the right side of the

3-9  highway until safely clear of the overtaken vehicle.

3-10      2.  Except when overtaking and passing on the right is

3-11  permitted, the driver of an overtaken vehicle shall give way to the

3-12  right in favor of the overtaking vehicle upon observing the

3-13  overtaking vehicle or hearing a signal. The driver of an overtaken

3-14  vehicle shall not increase the speed of his vehicle until completely

3-15  passed by the overtaking vehicle.

3-16      3.  A person who violates any provision of this section may be

3-17  subject to the additional penalty set forth in NRS 484.3667.

3-18          Sec. 7.  NRS 484.297 is hereby amended to read as follows:

3-19          484.297  1.  The driver of a vehicle may overtake and pass

3-20  upon the right of another vehicle only under the following

3-21  conditions:

3-22          (a) When the driver of the vehicle overtaken is making or

3-23  signaling to make a left turn.

3-24          (b) Upon a highway with unobstructed pavement, not occupied

3-25  by parked vehicles, of sufficient width for two or more lines of

3-26  moving vehicles in each direction.

3-27          (c) Upon any highway on which traffic is restricted to one

3-28  direction of movement, where the highway is free from obstructions

3-29  and of sufficient width for two or more lines of moving vehicles.

3-30          2.  The driver of a vehicle may overtake and pass another

3-31  vehicle upon the right only under conditions permitting such

3-32  movement in safety.

3-33          3.  The driver of a vehicle shall not overtake and pass another

3-34  vehicle upon the right when such movement requires driving off the

3-35  paved portion of the highway.

3-36          4.  A person who violates any provision of this section may be

3-37  subject to the additional penalty set forth in NRS 484.3667.

3-38          Sec. 8.  NRS 484.299 is hereby amended to read as follows:

3-39          484.299  1.  A vehicle [shall] must not be driven to the left

3-40  side of the center of a two-lane, two-directional highway and

3-41  overtaking and passing another vehicle proceeding in the same

3-42  direction, unless such left side is clearly visible and is free of

3-43  oncoming traffic for a sufficient distance ahead to permit such

3-44  overtaking and passing to be completely made without interfering

4-1  with the safe operation of any vehicle approaching from the

4-2  opposite direction or any vehicle overtaken.

4-3  2.  A vehicle [shall] must not be driven to the left side of the

4-4  highway at any time:

4-5  (a) When approaching the crest of a grade or upon a curve in the

4-6  highway where the driver’s view is obstructed within such distance

4-7  as to create a hazard in the event another vehicle might approach

4-8  from the opposite direction.

4-9  (b) When approaching within 100 feet or traversing any

4-10  intersection or railroad grade crossing.

4-11          (c) When the view is obstructed upon approaching within 100

4-12  feet of any bridge, viaduct or tunnel.

4-13          3.  Subsection 2 does not apply upon a one‑way highway.

4-14          4.  A person who violates any provision of this section may be

4-15  subject to the additional penalty set forth in NRS 484.3667.

4-16          Sec. 9.  NRS 484.301 is hereby amended to read as follows:

4-17          484.301  1.  The Department of Transportation with respect to

4-18  highways constructed under the authority of chapter 408 of NRS,

4-19  and local authorities with respect to highways under their

4-20  jurisdiction, may determine those zones of highways where

4-21  overtaking and passing to the left or making a left-hand turn would

4-22  be hazardous, and may by the erection of official traffic-control

4-23  devices indicate such zones. When such devices are in place and

4-24  clearly visible to an ordinarily observant person , every driver of a

4-25  vehicle shall obey the directions thereof.

4-26          2.  Except as otherwise provided in subsections 3 and 4, a

4-27  driver shall not drive on the left side of the highway within such

4-28  zone or drive across or on the left side of any pavement striping

4-29  designed to mark such zone throughout its length.

4-30          3.  A driver may drive across a pavement striping marking such

4-31  zone to an adjoining highway if he has first given the appropriate

4-32  turn signal and there will be no impediment to oncoming or

4-33  following traffic.

4-34          4.  Except where otherwise provided, a driver may drive across

4-35  a pavement striping marking such a zone to make a left-hand turn if

4-36  he has first given the appropriate turn signal in compliance with

4-37  NRS 484.343, if it is safe and if it would not be an impediment to

4-38  oncoming or following traffic.

4-39          5.  A person who violates any provision of this section may be

4-40  subject to the additional penalty set forth in NRS 484.3667.

4-41          Sec. 10.  NRS 484.305 is hereby amended to read as follows:

4-42          484.305  1.  If a highway has two or more clearly marked

4-43  lanes for traffic traveling in one direction, vehicles must:

4-44          (a) Be driven as nearly as practicable entirely within a single

4-45  lane; and

5-1  (b) Not be moved from that lane until the driver has given the

5-2  appropriate turn signal and ascertained that such movement can be

5-3  made with safety.

5-4  2.  Upon a highway which has been divided into three clearly

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

5-6  any time. A vehicle on such a highway must not be driven in the

5-7  center lane except:

5-8  (a) When overtaking and passing another vehicle where the

5-9  highway is clearly visible and the center lane is clear of traffic for a

5-10  safe distance;

5-11          (b) In preparation for a left turn; or

5-12          (c) When the center lane is allocated exclusively to traffic

5-13  moving in the direction in which the vehicle is proceeding and a

5-14  sign is posted to give notice of such allocation.

5-15          3.  If a highway has been designed to provide a single center

5-16  lane to be used only for turning by traffic moving in both directions,

5-17  the following rules apply:

5-18          (a) A vehicle may be driven in the center turn lane only for the

5-19  purpose of making a left-hand turn.

5-20          (b) A vehicle must not travel more than 200 feet in a center turn

5-21  lane before making a left-hand turn.

5-22          4.  If a highway has been designed to provide a single right lane

5-23  to be used only for turning, a vehicle must:

5-24          (a) Be driven in the right turn lane only for the purpose of

5-25  making a right turn; and

5-26          (b) While being driven in the right turn lane, not travel through

5-27  an intersection.

5-28          5.  A person who violates any provision of this section may be

5-29  subject to the additional penalty set forth in NRS 484.3667.

5-30          Sec. 11.  NRS 484.309 is hereby amended to read as follows:

5-31          484.309  1.  Every vehicle driven upon a divided highway

5-32  [shall] must be driven only upon the right-hand roadway and [shall]

5-33  must not be driven over, across or within any dividing space, barrier

5-34  or section [nor] or make any left turn, semicircular turn or U-turn,

5-35  except through an opening in the barrier or dividing section or space

5-36  or at a crossover or intersection established by a public authority.

5-37          2.  A person who violates any provision of this section may be

5-38  subject to the additional penalty set forth in NRS 484.3667.

5-39          Sec. 12.  NRS 484.311 is hereby amended to read as follows:

5-40          484.311  1.  When official traffic-control devices are erected

5-41  giving notice thereof, a person shall not drive a vehicle onto or from

5-42  any controlled-access highway except at those entrances and exits

5-43  which are indicated by such devices.

5-44          2.  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. 13.  NRS 484.335 is hereby amended to read as follows:

6-2  484.335  1.  Whenever official traffic-control devices are

6-3  erected indicating that no right or left turn is permitted, it is

6-4  unlawful for any driver of a vehicle to disobey the directions of any

6-5  such [sign.] devices.

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

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

6-8  Sec. 14.  NRS 484.337 is hereby amended to read as follows:

6-9  484.337  1.  A U‑turn may be made on any road where the

6-10  turn can be made with safety, except as prohibited by this section

6-11  and by the provisions of NRS 484.309 and 484.339.

6-12      2.  If an official traffic-control device indicates that a U‑turn is

6-13  prohibited, the driver shall obey the directions of the device.

6-14      3.  The driver of a vehicle shall not make a U‑turn in a business

6-15  district, except at an intersection or on a divided highway where an

6-16  appropriate opening or crossing place exists.

6-17      4.  Notwithstanding the foregoing provisions of this section,

6-18  local authorities and the Department of Transportation may prohibit

6-19  U‑turns at any location within their respective jurisdictions.

6-20      5.  A person who violates any provision of this section may be

6-21  subject to the additional penalty set forth in NRS 484.3667.

6-22      Sec. 15.  NRS 484.361 is hereby amended to read as follows:

6-23      484.361  1.  It is unlawful for any person to drive or operate a

6-24  vehicle of any kind or character at:

6-25      [1.] (a) A rate of speed greater than is reasonable or proper,

6-26  having due regard for the traffic, surface and width of the highway,

6-27  the weather and other highway conditions.

6-28      [2.] (b) Such a rate of speed as to endanger the life, limb or

6-29  property of any person.

6-30      [3.] (c) A rate of speed greater than that posted by a public

6-31  authority for the particular portion of highway being traversed.

6-32      [4.] (d) In any event, a rate of speed greater than 75 miles per

6-33  hour.

6-34      2.  A person who violates any provision of this section may be

6-35  subject to the additional penalty set forth in NRS 484.3667.

6-36      Sec. 16.  NRS 484.363 is hereby amended to read as follows:

6-37      484.363  1.  The fact that the speed of a vehicle is lower than

6-38  the prescribed limits does not relieve a driver from the duty to

6-39  decrease speed when approaching and crossing an intersection,

6-40  when approaching and going around a curve, when approaching a

6-41  hill crest, when traveling upon any narrow or winding highway, or

6-42  when special hazards exist or may exist with respect to pedestrians

6-43  or other traffic, or by reason of weather or other highway conditions,

6-44  and speed [shall] must be decreased as may be necessary to avoid

6-45  colliding with any person, vehicle or other conveyance on or

7-1  entering a highway in compliance with legal requirements and the

7-2  duty of all persons to use due care.

7-3  2.  Any person who fails to use due care as required by

7-4  subsection 1 may be subject to the additional penalty set forth in

7-5  NRS 484.3667.

7-6  Sec. 17.  NRS 484.3667 is hereby amended to read as follows:

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

7-8  person who is convicted of a violation of a speed limit[:] , or of

7-9  NRS 484.254, 484.278, 484.289, 484.291 to 484.301, inclusive,

7-10  484.305, 484.309, 484.311, 484.335, 484.337, 484.361, 484.363,

7-11  484.3765, 484.377, 484.379, 484.448, 484.453 or 484.479, that

7-12  occurred:

7-13      (a) In an area designated as a temporary traffic control zone in

7-14  which construction, maintenance or repair of a highway is

7-15  conducted; and

7-16      (b) At a time when the workers who are performing the

7-17  construction, maintenance or repair of the highway are present, or

7-18  when the effects of the act may be aggravated because of the

7-19  condition of the highway caused by construction, maintenance or

7-20  repair, including, without limitation, reduction in lane width,

7-21  reduction in the number of lanes, shifting of lanes from the

7-22  designated alignment and uneven or temporary surfaces,

7-23  including, without limitation, modifications to road beds, cement-

7-24  treated bases, chip seals and other similar conditions,

7-25  shall be punished by imprisonment or by a fine, or both, for a term

7-26  or an amount equal to and in addition to the term of imprisonment or

7-27  amount of the fine, or both, that the court imposes for the primary

7-28  offense. Any term of imprisonment imposed pursuant to this

7-29  subsection runs consecutively with the sentence prescribed by the

7-30  court for the crime. This subsection does not create a separate

7-31  offense, but provides an additional penalty for the primary offense,

7-32  whose imposition is contingent upon the finding of the prescribed

7-33  fact.

7-34      2.  The [penalty imposed for the primary offense and the]

7-35  additional penalty imposed pursuant to subsection 1 must not exceed

7-36  a total of $1,000, 6 months of imprisonment or 120 hours of

7-37  community service.

7-38      3.  A governmental entity that designates an area as a temporary

7-39  traffic control zone in which construction, maintenance or repair of

7-40  a highway is conducted, or the person with whom the governmental

7-41  entity contracts to provide such service shall cause to be erected:

7-42      (a) A sign located before the beginning of such an area which

7-43  states that a double penalty [will] may be imposed [upon a person

7-44  who is convicted of violating the speed limit within the temporary

7-45  traffic control zone;] pursuant to this section;

8-1  (b) A sign to mark the beginning of the temporary traffic control

8-2  zone; and

8-3  (c) A sign to mark the end of the temporary traffic control zone.

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

8-5  penalty pursuant to this section is not relieved of any criminal

8-6  liability because signs are not erected as required by subsection 3

8-7  if the violation results in injury to any person performing highway

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

8-9  or in damage to property in an amount equal to $1,000 or more.

8-10      Sec. 18.  NRS 484.367 is hereby amended to read as follows:

8-11      484.367  1.  Except as otherwise provided in subsection 2 and

8-12  pursuant to the power granted in NRS 269.185, the town board or

8-13  board of county commissioners may, by ordinance, limit the speed

8-14  of motor vehicles in any unincorporated town in the county as may

8-15  be deemed proper.

8-16      2.  The Department of Transportation may establish the speed

8-17  limits for motor vehicles on highways within the boundaries of any

8-18  unincorporated town which are constructed and maintained under

8-19  the authority granted by chapter 408 of NRS.

8-20      3.  A person who violates any speed limit established pursuant

8-21  to this section may be subject to the additional penalty set forth in

8-22  NRS 484.3667.

8-23      Sec. 19.  NRS 484.368 is hereby amended to read as follows:

8-24      484.368  1.  The Department of Transportation may establish

8-25  the speed limits for motor vehicles on highways which are

8-26  constructed and maintained by the Department of Transportation

8-27  under the authority granted to it by chapter 408 of NRS.

8-28      2.  Except as otherwise provided by federal law, the Department

8-29  of Transportation may establish a speed limit on such highways not

8-30  to exceed 75 miles per hour and may establish a lower speed limit:

8-31      (a) Where necessary to protect public health and safety.

8-32      (b) For trucks, overweight and oversized vehicles, trailers drawn

8-33  by motor vehicles and buses.

8-34      3.  A person who violates any speed limit established pursuant

8-35  to this section may be subject to the additional penalty set forth in

8-36  NRS 484.3667.

8-37      Sec. 20.  NRS 484.3765 is hereby amended to read as follows:

8-38      484.3765  1.  A driver commits an offense of aggressive

8-39  driving if, during any single, continuous period of driving within the

8-40  course of 1 mile, the driver does all the following, in any sequence:

8-41      (a) Commits one or more acts of speeding in violation of NRS

8-42  484.361 or 484.366.

8-43      (b) Commits two or more of the following acts, in any

8-44  combination, or commits any of the following acts more than once:

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

9-2  violation of NRS 484.278.

9-3       (2) Overtaking and passing another vehicle upon the right by

9-4  driving off the paved portion of the highway in violation of

9-5  NRS 484.297.

9-6       (3) Improper or unsafe driving upon a highway that has

9-7  marked lanes for traffic in violation of NRS 484.305.

9-8       (4) Following another vehicle too closely in violation of

9-9  NRS 484.307.

9-10          (5) Failing to yield the right-of-way in violation of any

9-11  provision of NRS 484.315 to 484.323, inclusive.

9-12      (c) Creates an immediate hazard, regardless of its duration, to

9-13  another vehicle or to another person, whether or not the other person

9-14  is riding in or upon the vehicle of the driver or any other vehicle.

9-15      2.  A driver may be prosecuted and convicted of an offense of

9-16  aggressive driving in violation of subsection 1 whether or not the

9-17  driver is prosecuted or convicted for committing any of the acts

9-18  described in paragraphs (a) and (b) of subsection 1.

9-19      3.  A driver who commits an offense of aggressive driving in

9-20  violation of subsection 1 is guilty of a misdemeanor. In addition to

9-21  any other penalty:

9-22      (a) For the first offense within 2 years, the court shall order the

9-23  driver to attend, at his own expense, a course of traffic safety

9-24  approved by the Department and may issue an order suspending the

9-25  driver’s license of the driver for a period of not more than 30 days.

9-26      (b) For a second or subsequent offense within 2 years, the court

9-27  shall issue an order revoking the driver’s license of the driver for a

9-28  period of 1 year.

9-29      4.  To determine whether the provisions of paragraph (a) or (b)

9-30  of subsection 3 apply to one or more offenses of aggressive driving,

9-31  the court shall use the date on which each offense of aggressive

9-32  driving was committed.

9-33      5.  If the driver is already the subject of any other order

9-34  suspending or revoking his driver’s license, the court shall order the

9-35  additional period of suspension or revocation, as appropriate, to

9-36  apply consecutively with the previous order.

9-37      6.  If the court issues an order suspending or revoking the

9-38  driver’s license of the driver pursuant to this section, the court shall

9-39  require the driver to surrender to the court all driver’s licenses then

9-40  held by the driver. The court shall, within 5 days after issuing the

9-41  order, forward the driver’s licenses and a copy of the order to the

9-42  Department.

9-43      7.  If the driver successfully completes a course of traffic safety

9-44  ordered pursuant to this section, the Department shall cancel three

9-45  demerit points from his driving record in accordance with NRS

10-1  483.475, unless the driver would not otherwise be entitled to have

10-2  those demerit points cancelled pursuant to the provisions of that

10-3  section.

10-4      8.  This section does not preclude the suspension or revocation

10-5  of the driver’s license of the driver pursuant to any other provision

10-6  of law.

10-7      9.  A person who violates any provision of subsection 1 may be

10-8  subject to the additional penalty set forth in NRS 484.3667.

10-9      Sec. 21.  NRS 484.377 is hereby amended to read as follows:

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

10-11     (a) Drive a vehicle in willful or wanton disregard of the safety of

10-12  persons or property.

10-13     (b) Drive a vehicle in an unauthorized speed contest on a public

10-14  highway.

10-15  A violation of this subsection or subsection 1 of NRS 484.348

10-16  constitutes reckless driving.

10-17     2.  A person who does any act or neglects any duty imposed by

10-18  law while driving or in actual physical control of any vehicle in

10-19  willful or wanton disregard of the safety of persons or property, if

10-20  the act or neglect of duty proximately causes the death of or

10-21  substantial bodily harm to a person other than himself, is guilty of a

10-22  category B felony and shall be punished by imprisonment in the

10-23  state prison for a minimum term of not less than 1 year and a

10-24  maximum term of not more than 6 years, or by a fine of not more

10-25  than $5,000, or by both fine and imprisonment.

10-26     3.  A person who violates any provision of this section may be

10-27  subject to the additional penalty set forth in NRS 484.3667.

10-28     Sec. 22.  NRS 484.379 is hereby amended to read as follows:

10-29     484.379  1.  It is unlawful for any person who:

10-30     (a) Is under the influence of intoxicating liquor;

10-31     (b) Has a concentration of alcohol of 0.10 or more in his blood

10-32  or breath; or

10-33     (c) Is found by measurement within 2 hours after driving or

10-34  being in actual physical control of a vehicle to have a concentration

10-35  of alcohol of 0.10 or more in his blood or breath,

10-36  to drive or be in actual physical control of a vehicle on a highway or

10-37  on premises to which the public has access.

10-38     2.  It is unlawful for any person who:

10-39     (a) Is under the influence of a controlled substance;

10-40     (b) Is under the combined influence of intoxicating liquor and a

10-41  controlled substance; or

10-42     (c) Inhales, ingests, applies or otherwise uses any chemical,

10-43  poison or organic solvent, or any compound or combination of any

10-44  of these, to a degree which renders him incapable of safely driving

10-45  or exercising actual physical control of a vehicle,

11-1  to drive or be in actual physical control of a vehicle on a highway or

11-2  on premises to which the public has access. The fact that any person

11-3  charged with a violation of this subsection is or has been entitled to

11-4  use that drug under the laws of this state is not a defense against any

11-5  charge of violating this subsection.

11-6      3.  It is unlawful for any person to drive or be in actual physical

11-7  control of a vehicle on a highway or on premises to which the public

11-8  has access with an amount of a prohibited substance in his blood or

11-9  urine that is equal to or greater than:

 

11-10                                 Prohibited substanceUrine       Blood

11-11                                         NanogramsNanograms

11-12                                        per milliliterper milliliter

11-13     (a) Amphetamine           500              100

11-14     (b) Cocaine                    150                50

11-15     (c) Cocaine metabolite  150                50

11-16     (d) Heroin                   2,000                50

11-17     (e) Heroin metabolite:

11-18                             (1) Morphine           2,000  50

11-19      (2) 6-monoacetyl morphine                10  10

11-20     (f) Lysergic acid diethylamide             25  10

11-21     (g) Marijuana                   10                  2

11-22     (h) Marijuana metabolite15                  5

11-23     (i) Methamphetamine    500              100

11-24     (j) Phencyclidine              25                10

 

11-25         4.  If consumption is proven by a preponderance of the

11-26  evidence, it is an affirmative defense under paragraph (c) of

11-27  subsection 1 that the defendant consumed a sufficient quantity of

11-28  alcohol after driving or being in actual physical control of the

11-29  vehicle, and before his blood or breath was tested, to cause him to

11-30  have a concentration of alcohol of 0.10 or more in his blood or

11-31  breath. A defendant who intends to offer this defense at a trial

11-32  or preliminary hearing must, not less than 14 days before the trial or

11-33  hearing or at such other time as the court may direct, file and serve

11-34  on the prosecuting attorney a written notice of that intent.

11-35         5.  A person who violates any provision of this section may be

11-36  subject to the additional penalty set forth in NRS 484.3667.

11-37         Sec. 23.  NRS 484.448 is hereby amended to read as follows:

11-38         484.448  1.  It is unlawful for a person to drink an alcoholic

11-39  beverage while he is driving or in actual physical control of a motor

11-40  vehicle upon a highway.

11-41         2.  Except as otherwise provided in this subsection, it is

11-42  unlawful for a person to have an open container of an alcoholic

11-43  beverage within the passenger area of a motor vehicle while the

12-1  motor vehicle is upon a highway. This subsection does not apply to

12-2  a motor vehicle which is designed, maintained or used primarily for

12-3  the transportation of persons for compensation, or to the living

12-4  quarters of a house coach or house trailer.

12-5          3.  A person who violates any provision of this section may be

12-6  subject to the additional penalty set forth in NRS 484.3667.

12-7          4.  As used in this section:

12-8          (a) “Alcoholic beverage” has the meaning ascribed to it in

12-9  NRS 202.015.

12-10         (b) “Open container” means a container which has been opened

12-11  or the seal of which has been broken.

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

12-13  designed for the seating of the driver or a passenger.

12-14         Sec. 24.  NRS 484.453 is hereby amended to read as follows:

12-15         484.453  1.  A person shall not drive a vehicle when it is so

12-16  loaded, or when there are in the front seat such number of persons,

12-17  exceeding three, as to obstruct the view of the driver to the front or

12-18  sides of the vehicle or as to interfere with the driver’s control over

12-19  the driving mechanism of the vehicle.

12-20         2.  A passenger in a vehicle shall not ride in such position as to

12-21  interfere with the driver’s view ahead or to the sides, or to interfere

12-22  with his control over the driving mechanism of the vehicle.

12-23         3.  Except as otherwise provided in NRS 484.6195, a vehicle

12-24  must not be operated upon any highway unless the driver’s vision

12-25  through any required glass equipment is normal.

12-26         4.  A person who violates any provision of this section may be

12-27  subject to the additional penalty set forth in NRS 484.3667.

12-28         Sec. 25.  NRS 484.479 is hereby amended to read as follows:

12-29         484.479  1.  It [shall be] is unlawful for any person to remove

12-30  any barrier or sign stating that a highway is closed to traffic.

12-31         2.  It [shall be] is unlawful to pass over a highway that is

12-32  marked, signed or barricaded to indicate that it is closed to traffic. A

12-33  person who violates any provision of this subsection may be

12-34  subject to the additional penalty set forth in NRS 484.3667.

 

12-35  H