AB83

requires two-thirds majority vote (§ 5)

A.B. 83

Assembly Bill No. 83–Committee on Transportation

(On Behalf of The Nevada Motor
Transportation Association)

February 13, 2003

____________

Referred to Committee on Transportation

SUMMARY—Makes various changes concerning certain motor vehicles. (BDR 43‑85)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State: No.

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

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to motor vehicles; prohibiting the use of certain devices for braking in certain circumstances; requiring that regulations adopted by the Department of Transportation concerning combinations of vehicles in excess of 70 feet in length be consistent with certain federal requirements; eliminating the limitation on the maximum fee which may be charged for a permit for a combination of vehicles in excess of 80,000 pounds; repealing certain provisions relating to alternative limitations on the weight of a trailer or semitrailer; 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:

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

1. The driver of a vehicle which is equipped with a device for braking that uses the compression of the engine of the vehicle may use the device at any time if:

(a) The device is equipped with an operational muffler; or

(b) The driver reasonably believes that an emergency requires the use of the device to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of damage to property.

2. The driver of a vehicle which is equipped with a device for braking that uses the compression of the engine of the vehicle shall not use the device in any circumstances other than those described in subsection 1.

3. A person who violates the provisions of this section is guilty of a misdemeanor.

1-1 Sec. 2. NRS 484.739 is hereby amended to read as follows:

1-2 484.739 1. Except as otherwise provided in subsection 2, the

1-3 length of a bus may not exceed 45 feet and the length of a

1-4 motortruck may not exceed 40 feet.

1-5 2. A passenger bus which has three or more axles and two

1-6 sections joined together by an articulated joint with a trailer which is

1-7 equipped with a mechanically steered rear axle may not exceed a

1-8 length of 65 feet.

1-9 3. Except as otherwise provided in subsections 4, 7 and 9, no

1-10 combination of vehicles, including any attachments thereto coupled

1-11 together, may exceed a length of 70 feet.

1-12 4. The Department of Transportation, by regulation, shall

1-13 provide for the operation of combinations of vehicles in excess of 70

1-14 feet in length . [, but in no event exceeding 105 feet.] The

1-15 regulations must establish standards for the operation of such

1-16 vehicles which must be consistent with their safe operation upon the

1-17 public highways and with the provisions of 23 C.F.R. § 658.23.

1-18 Such standards must include:

1-19 (a) Types and number of vehicles to be permitted in

1-20 combination;

1-21 (b) Horsepower of a motortruck;

1-22 (c) Operating speeds;

1-23 (d) Braking ability; and

1-24 (e)Driver qualifications.

1-25 The operation of such vehicles is not permitted on highways where,

1-26 in the opinion of the Department of Transportation, their use would

1-27 be inconsistent with the public safety because of a narrow roadway,

1-28 excessive grades, extreme curvature or vehicular congestion.

1-29 5. Combinations of vehicles operated under the provisions of

1-30 subsection 4 may, after obtaining a special permit issued at the

1-31 discretion of, and in accordance with procedures established by, the

1-32 Department of Transportation, carry loads not to exceed the values

1-33 set forth in the following formula: W=500 [LN/(N-1) + 12N + 36],

1-34 wherein:

2-1 (a) W equals the maximum load in pounds carried on any group

2-2 of two or more consecutive axles;

2-3 (b) L equals the distance in feet between the extremes of any

2-4 group of two or more consecutive axles; and

2-5 (c) N equals the number of axles in the group under

2-6 consideration.

2-7 The distance between axles must be measured to the nearest foot. If

2-8 a fraction is exactly one-half foot, the next largest whole number

2-9 must be used. The permits may be restricted in such manner as the

2-10 Department of Transportation considers necessary and may, at the

2-11 option of the Department, be canceled without notice. No such

2-12 permits may be issued for operation on any highway where that

2-13 operation would prevent this state from receiving federal money for

2-14 highway purposes.

2-15 6. Upon approving an application for a permit to operate

2-16 combinations of vehicles pursuant to subsection 5, the Department

2-17 of Transportation shall withhold issuance of the permit until the

2-18 applicant has furnished proof of compliance with the provisions of

2-19 NRS 706.531.

2-20 7. The load upon any motor vehicle operated alone, or the load

2-21 upon any combination of vehicles, must not extend beyond the front

2-22 or the rear of the vehicle or combination of vehicles for a distance of

2-23 more than 10 feet, or a total of 10 feet both to the front or the rear,

2-24 and a combination of vehicles and load thereon may not exceed a

2-25 total of 75 feet without having secured a permit pursuant to

2-26 subsection 4 or NRS 484.737. The provisions of this subsection do

2-27 not apply to the booms or masts of shovels, cranes or water well

2-28 drilling and servicing equipment carried upon a vehicle if:

2-29 (a) The booms or masts do not extend by a distance greater than

2-30 two-thirds of the wheelbase beyond the front tires of the vehicle.

2-31 (b) The projecting structure or attachments thereto are securely

2-32 held in place to prevent dropping or swaying.

2-33 (c) No part of the structure which extends beyond the front tires

2-34 is less than 7 feet from the roadway.

2-35 (d) The driver’s vision is not impaired by the projecting or

2-36 supporting structure.

2-37 8. Lights and other warning devices which are required to be

2-38 mounted on a vehicle pursuant to this chapter must not be included

2-39 in determining the length of a vehicle or combination of vehicles

2-40 and the load thereon.

2-41 9. This section does not apply to:

2-42 (a) Vehicles used by a public utility for the transportation of

2-43 poles;

2-44 (b) A combination of vehicles consisting of a truck-tractor

2-45 drawing a semitrailer that does not exceed 53 feet in length;

3-1 (c) A combination of vehicles consisting of a truck-tractor

3-2 drawing a semitrailer and a trailer, neither of which exceeds 28 1/2

3-3 feet in length; or

3-4 (d) A combination of vehicles consisting of a truck-tractor

3-5 drawing no more than three saddle-mounted vehicles and one full-

3-6 mounted vehicle that does not exceed 75 feet in length.

3-7 10. As used in this section:

3-8 (a) “Full-mounted vehicle” means a smaller vehicle mounted

3-9 completely on the frame of a saddle-mounted vehicle.

3-10 (b) “Saddle-mounted vehicle” means a vehicle forming part of a

3-11 combination of vehicles used in a driveaway-towaway operation

3-12 that is connected by a saddle mount to the frame or fifth-wheel

3-13 coupling of the vehicle in front of it.

3-14 Sec. 3. NRS 484.745 is hereby amended to read as follows:

3-15 484.745 1. Except as otherwise provided in NRS [484.746,]

3-16 484.748 and 484.7485, a vehicle may be operated or moved upon

3-17 any public highway if:

3-18 (a) The maximum weight on any single axle does not exceed

3-19 20,000 pounds.

3-20 (b) The maximum weight on any tandem axle does not exceed

3-21 34,000 pounds.

3-22 (c) Except as otherwise provided in subsection 2, the maximum

3-23 overall gross weight on any group of two or more consecutive axles

3-24 does not exceed the values set forth in the following formula:

3-25 W=500 [LN/(N‑1) + 12N + 36] wherein:

3-26 (1) W equals the maximum load in pounds carried on any

3-27 group of two or more consecutive axles;

3-28 (2) L equals the distance in feet between the extremes of any

3-29 group of two or more consecutive axles; and

3-30 (3) N equals the number of axles in the group under

3-31 consideration.

3-32 2. Two consecutive sets of tandem axles may carry a gross load

3-33 of 34,000 pounds each if the distance between the first and last axles

3-34 of the consecutive sets of axles is 36 feet or more.

3-35 Sec. 4. NRS 484.752 is hereby amended to read as follows:

3-36 484.752 1. The provisions of NRS 484.745 [and 484.746,] do

3-37 not apply to any highway which is a part of the Federal-Aid Primary

3-38 System, Federal-Aid Urban System, Federal-Aid Secondary System

3-39 or Interstate System if their application would prevent this state

3-40 from receiving any federal funds for highway purposes under

3-41 section 127 of Title 23, U.S.C.

3-42 2. The Department of Transportation, with respect to highways

3-43 under its jurisdiction, and the governing bodies of cities and

3-44 counties, with respect to roads and streets under their jurisdiction,

3-45 after determining that use by vehicles otherwise conforming with

4-1 the maximum weight limits prescribed in NRS 484.745 [or 484.746]

4-2 is likely to cause substantial stress to any highway, road, street , or

4-3 portion or structure thereof, may, by proper notice, fix a reduced

4-4 maximum weight limit for vehicles which may pass over any such

4-5 highway, road, street , or portion or structure thereof.

4-6 Sec. 5. NRS 706.531 is hereby amended to read as follows:

4-7 706.531 1. The Department of Transportation shall approve

4-8 an application for a permit pursuant to the provisions of subsection 5

4-9 of NRS 484.739.The permit must be carried and displayed in such a

4-10 manner as the Department determines on every combination so

4-11 operating. The permit issued may be transferred from one

4-12 combination to another, under such conditions as the Department

4-13 may by regulation prescribe, but must not be transferred from one

4-14 person or operator to another without prior approval of the

4-15 Department. The permit may be used only on motor vehicles

4-16 regularly licensed pursuant to the provisions of NRS 482.482.

4-17 2. The annual fee for each permit for a combination of vehicles

4-18 is $60 for each 1,000 pounds or fraction thereof of gross weight in

4-19 excess of 80,000 pounds. [The maximum fee must not exceed

4-20 $2,940.] The fee must be reduced one-twelfth for each month that

4-21 has elapsed since the beginning of each calendar year, rounded to

4-22 the nearest dollar, but must not be less than $50. The annual fee for

4-23 each permit for a combination of vehicles not exceeding 80,000

4-24 pounds is $10. The fee must be paid in addition to all other fees

4-25 required by the provisions of this chapter.

4-26 3. Any person operating a combination of vehicles licensed

4-27 pursuant to the provisions of subsection 2[,] who is apprehended

4-28 operating a combination in excess of the gross weight for which the

4-29 fee in subsection 2 has been paid is, in addition to all other penalties

4-30 provided by law, liable for the difference between the fee for the

4-31 load being carried and the fee paid, for the full licensing period.

4-32 4. Any person apprehended operating a combination of

4-33 vehicles without having complied with the provisions of NRS

4-34 484.739 and this section is, in addition to all other penalties

4-35 provided by law, liable for the payment of the fee which would be

4-36 due pursuant to the provisions of subsection 2 for the balance of the

4-37 calendar year for the gross load being carried at the time of

4-38 apprehension.

4-39 5. The holder of an original permit may, upon surrendering the

4-40 permit to the Department or upon delivering to the Department a

4-41 signed and notarized statement that the permit was lost or stolen and

4-42 such other documentation as the Department may require, apply to

4-43 the Department:

5-1 (a) For a refund of an amount equal to that portion of the fees

5-2 paid for the permit that is attributable, on a pro rata monthly basis,

5-3 to the remainder of the calendar year; or

5-4 (b) To have that amount credited against excise taxes due

5-5 pursuant to the provisions of chapter 366 of NRS.

5-6 Sec. 6. NRS 484.746 is hereby repealed.

5-7 TEXT OF REPEALED SECTION

5-8 484.746 Alternative limitations on weight for trailer or

5-9 semitrailer.

5-10 1. The provisions of this section apply only to vehicles which

5-11 contain a trailer or a semitrailer. Each vehicle contained in this

5-12 combination must comply with the provisions of this section or

5-13 with the provisions of NRS 484.745.

5-14 2. The maximum weight on any single axle must not exceed

5-15 18,000 pounds.

5-16 3. The total gross weight with load imposed on the highway by

5-17 any group of two or more consecutive axles of a vehicle or of a

5-18 combination of vehicles where the distance between the first and

5-19 last axles of the two or more consecutive axles is 18 feet or less,

5-20 must not exceed that given for the respective distances in the

5-21 following table:

5-22 Distance in Feet Allowed Load

5-23 Between First and Last in Pounds on

5-24 Axles of Group Group of Axles

5-25 4.. 32,000

5-26 5.. 32,000

5-27 6.. 32,200

5-28 7.. 32,900

5-29 8.. 33,600

5-30 9.. 34,300

5-31 10.. 35,000

5-32 11.. 35,700

5-33 12.. 36,400

5-34 13.. 37,100

5-35 14.. 43,200

5-36 15.. 44,000

6-1 16........................................................... 44,800

6-2 17........................................................... 45,600

6-3 18........................................................... 46,400

6-4 4. The total gross weight with load imposed on the highway by

6-5 any vehicle or combination of vehicles where the distance between

6-6 the first and last axles is more than 18 feet must not exceed that

6-7 given for the respective distances in the following table:

6-8 Distance Allowed Load

6-9 in Feet in Pounds

6-10 19.. 47,200

6-11 20.. 48,000

6-12 21.. 48,800

6-13 22.. 49,600

6-14 23.. 50,400

6-15 24.. 51,200

6-16 25.. 55,250

6-17 26.. 56,100

6-18 27.. 56,950

6-19 28.. 57,800

6-20 29.. 58,650

6-21 30.. 59,500

6-22 31.. 60,350

6-23 32.. 61,200

6-24 33.. 62,050

6-25 34.. 62,900

6-26 35.. 63,750

6-27 36.. 64,600

6-28 37.. 65,450

6-29 38.. 66,300

6-30 39.. 68,000

6-31 40.. 70,000

6-32 41.. 72,000

6-33 42.. 73,280

6-34 43.. 73,280

6-35 44.. 73,280

6-36 45.. 73,280

6-37 46.. 73,280

6-38 47.. 73,280

6-39 48.. 73,280

6-40 49.. 73,280

6-41 50.. 73,280

6-42 51.. 73,280

7-1 52........................................................... 73,600

7-2 53........................................................... 74,400

7-3 54........................................................... 75,200

7-4 55........................................................... 76,000

7-5 56 or over............................................... 76,800

7-6 H