REQUIRES TWO-THIRDS MAJORITY VOTE (§ 5)                 

                                                  (Reprinted with amendments adopted on April 3, 2003)

 

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.

 

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 shall not use the device at any time unless:

    (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.  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:

1-35      (a) W equals the maximum load in pounds carried on any group

1-36  of two or more consecutive axles;

1-37      (b) L equals the distance in feet between the extremes of any

1-38  group of two or more consecutive axles; and

2-1  (c) N equals the number of axles in the group under

2-2  consideration.

2-3  The distance between axles must be measured to the nearest foot. If

2-4  a fraction is exactly one-half foot, the next largest whole number

2-5  must be used. The permits may be restricted in such manner as the

2-6  Department of Transportation considers necessary and may, at the

2-7  option of the Department, be canceled without notice. No such

2-8  permits may be issued for operation on any highway where that

2-9  operation would prevent this state from receiving federal money for

2-10  highway purposes.

2-11      6.  Upon approving an application for a permit to operate

2-12  combinations of vehicles pursuant to subsection 5, the Department

2-13  of Transportation shall withhold issuance of the permit until the

2-14  applicant has furnished proof of compliance with the provisions of

2-15  NRS 706.531.

2-16      7.  The load upon any motor vehicle operated alone, or the load

2-17  upon any combination of vehicles, must not extend beyond the front

2-18  or the rear of the vehicle or combination of vehicles for a distance of

2-19  more than 10 feet, or a total of 10 feet both to the front or the rear,

2-20  and a combination of vehicles and load thereon may not exceed a

2-21  total of 75 feet without having secured a permit pursuant to

2-22  subsection 4 or NRS 484.737. The provisions of this subsection do

2-23  not apply to the booms or masts of shovels, cranes or water well

2-24  drilling and servicing equipment carried upon a vehicle if:

2-25      (a) The booms or masts do not extend by a distance greater than

2-26  two-thirds of the wheelbase beyond the front tires of the vehicle.

2-27      (b) The projecting structure or attachments thereto are securely

2-28  held in place to prevent dropping or swaying.

2-29      (c) No part of the structure which extends beyond the front tires

2-30  is less than 7 feet from the roadway.

2-31      (d) The driver’s vision is not impaired by the projecting or

2-32  supporting structure.

2-33      8.  Lights and other warning devices which are required to be

2-34  mounted on a vehicle pursuant to this chapter must not be included

2-35  in determining the length of a vehicle or combination of vehicles

2-36  and the load thereon.

2-37      9.  This section does not apply to:

2-38      (a) Vehicles used by a public utility for the transportation of

2-39  poles;

2-40      (b) A combination of vehicles consisting of a truck-tractor

2-41  drawing a semitrailer that does not exceed 53 feet in length;

2-42      (c) A combination of vehicles consisting of a truck-tractor

2-43  drawing a semitrailer and a trailer, neither of which exceeds 28 1/2

2-44  feet in length; or

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

3-2  drawing no more than three saddle-mounted vehicles and one full-

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

3-4  10.  As used in this section:

3-5  (a) “Full-mounted vehicle” means a smaller vehicle mounted

3-6  completely on the frame of a saddle-mounted vehicle.

3-7  (b) “Saddle-mounted vehicle” means a vehicle forming part of a

3-8  combination of vehicles used in a driveaway-towaway operation

3-9  that is connected by a saddle mount to the frame or fifth-wheel

3-10  coupling of the vehicle in front of it.

3-11      Sec.  3.  NRS 484.745 is hereby amended to read as follows:

3-12      484.745  1.  Except as otherwise provided in NRS [484.746,]

3-13  484.748 and 484.7485, a vehicle may be operated or moved upon

3-14  any public highway if:

3-15      (a) The maximum weight on any single axle does not exceed

3-16  20,000 pounds.

3-17      (b) The maximum weight on any tandem axle does not exceed

3-18  34,000 pounds.

3-19      (c) Except as otherwise provided in subsection 2, the maximum

3-20  overall gross weight on any group of two or more consecutive axles

3-21  does not exceed the values set forth in the following formula:

3-22  W=500 [LN/(N‑1) + 12N + 36] wherein:

3-23          (1) W equals the maximum load in pounds carried on any

3-24  group of two or more consecutive axles;

3-25          (2) L equals the distance in feet between the extremes of any

3-26  group of two or more consecutive axles; and

3-27          (3) N equals the number of axles in the group under

3-28  consideration.

3-29      2.  Two consecutive sets of tandem axles may carry a gross load

3-30  of 34,000 pounds each if the distance between the first and last axles

3-31  of the consecutive sets of axles is 36 feet or more.

3-32      Sec.  4.  NRS 484.752 is hereby amended to read as follows:

3-33      484.752  1.  The provisions of NRS 484.745 [and 484.746,] do

3-34  not apply to any highway which is a part of the Federal-Aid Primary

3-35  System, Federal-Aid Urban System, Federal-Aid Secondary System

3-36  or Interstate System if their application would prevent this state

3-37  from receiving any federal funds for highway purposes under

3-38  section 127 of Title 23, U.S.C.

3-39      2.  The Department of Transportation, with respect to highways

3-40  under its jurisdiction, and the governing bodies of cities and

3-41  counties, with respect to roads and streets under their jurisdiction,

3-42  after determining that use by vehicles otherwise conforming with

3-43  the maximum weight limits prescribed in NRS 484.745 [or 484.746]

3-44  is likely to cause substantial stress to any highway, road, street , or

3-45  portion or structure thereof, may, by proper notice, fix a reduced

4-1  maximum weight limit for vehicles which may pass over any such

4-2  highway, road, street , or portion or structure thereof.

4-3  Sec.  5.  NRS 706.531 is hereby amended to read as follows:

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

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

4-6  of NRS 484.739.The permit must be carried and displayed in such a

4-7  manner as the Department determines on every combination so

4-8  operating. The permit issued may be transferred from one

4-9  combination to another, under such conditions as the Department

4-10  may by regulation prescribe, but must not be transferred from one

4-11  person or operator to another without prior approval of the

4-12  Department. The permit may be used only on motor vehicles

4-13  regularly licensed pursuant to the provisions of NRS 482.482.

4-14      2.  The annual fee for each permit for a combination of vehicles

4-15  is $60 for each 1,000 pounds or fraction thereof of gross weight in

4-16  excess of 80,000 pounds. [The maximum fee must not exceed

4-17  $2,940.] The fee must be reduced one-twelfth for each month that

4-18  has elapsed since the beginning of each calendar year, rounded to

4-19  the nearest dollar, but must not be less than $50. The annual fee for

4-20  each permit for a combination of vehicles not exceeding 80,000

4-21  pounds is $10. The fee must be paid in addition to all other fees

4-22  required by the provisions of this chapter.

4-23      3.  Any person operating a combination of vehicles licensed

4-24  pursuant to the provisions of subsection 2[,] who is apprehended

4-25  operating a combination in excess of the gross weight for which the

4-26  fee in subsection 2 has been paid is, in addition to all other penalties

4-27  provided by law, liable for the difference between the fee for the

4-28  load being carried and the fee paid, for the full licensing period.

4-29      4.  Any person apprehended operating a combination of

4-30  vehicles without having complied with the provisions of NRS

4-31  484.739 and this section is, in addition to all other penalties

4-32  provided by law, liable for the payment of the fee which would be

4-33  due pursuant to the provisions of subsection 2 for the balance of the

4-34  calendar year for the gross load being carried at the time of

4-35  apprehension.

4-36      5.  The holder of an original permit may, upon surrendering the

4-37  permit to the Department or upon delivering to the Department a

4-38  signed and notarized statement that the permit was lost or stolen and

4-39  such other documentation as the Department may require, apply to

4-40  the Department:

4-41      (a) For a refund of an amount equal to that portion of the fees

4-42  paid for the permit that is attributable, on a pro rata monthly basis,

4-43  to the remainder of the calendar year; or

 

5-1  (b) To have that amount credited against excise taxes due

5-2  pursuant to the provisions of chapter 366 of NRS.

5-3  Sec.  6.  NRS 484.746 is hereby repealed.

 

5-4  TEXT OF REPEALED SECTION

 

5-5  484.746  Alternative limitations on weight for trailer or

5-6  semitrailer.

5-7  1.  The provisions of this section apply only to vehicles which

5-8  contain a trailer or a semitrailer. Each vehicle contained in this

5-9  combination must comply with the provisions of this section or with

5-10  the provisions of NRS 484.745.

5-11      2.  The maximum weight on any single axle must not exceed

5-12  18,000 pounds.

5-13      3.  The total gross weight with load imposed on the highway by

5-14  any group of two or more consecutive axles of a vehicle or of a

5-15  combination of vehicles where the distance between the first and

5-16  last axles of the two or more consecutive axles is 18 feet or less,

5-17  must not exceed that given for the respective distances in the

5-18  following table:

 

5-19                                                    Distance in Feet   Allowed Load

5-20  Between First and Last                in Pounds on

5-21                                                     Axles of Group   Group of Axles

 

5-22                                                                            4.. 32,000

5-23                                                                            5.. 32,000

5-24                                                                            6.. 32,200

5-25                                                                            7.. 32,900

5-26                                                                            8.. 33,600

5-27                                                                            9.. 34,300

5-28                                                                          10.. 35,000

5-29                                                                          11.. 35,700

5-30                                                                          12.. 36,400

5-31                                                                          13.. 37,100

5-32                                                                          14.. 43,200

5-33                                                                          15.. 44,000

5-34                                                                          16.. 44,800

5-35                                                                          17.. 45,600

5-36                                                                          18.. 46,400

 

6-1  4.  The total gross weight with load imposed on the highway by

6-2  any vehicle or combination of vehicles where the distance between

6-3  the first and last axles is more than 18 feet must not exceed that

6-4  given for the respective distances in the following table:

 

6-5  Distance                                       Allowed Load

6-6                                                                  in Feet  in Pounds

 

6-7  19........................................................... 47,200

6-8  20........................................................... 48,000

6-9  21........................................................... 48,800

6-10                                                                          22.. 49,600

6-11                                                                          23.. 50,400

6-12                                                                          24.. 51,200

6-13                                                                          25.. 55,250

6-14                                                                          26.. 56,100

6-15                                                                          27.. 56,950

6-16                                                                          28.. 57,800

6-17                                                                          29.. 58,650

6-18                                                                          30.. 59,500

6-19                                                                          31.. 60,350

6-20                                                                          32.. 61,200

6-21                                                                          33.. 62,050

6-22                                                                          34.. 62,900

6-23                                                                          35.. 63,750

6-24                                                                          36.. 64,600

6-25                                                                          37.. 65,450

6-26                                                                          38.. 66,300

6-27                                                                          39.. 68,000

6-28                                                                          40.. 70,000

6-29                                                                          41.. 72,000

6-30                                                                          42.. 73,280

6-31                                                                          43.. 73,280

6-32                                                                          44.. 73,280

6-33                                                                          45.. 73,280

6-34                                                                          46.. 73,280

6-35                                                                          47.. 73,280

6-36                                                                          48.. 73,280

6-37                                                                          49.. 73,280

6-38                                                                          50.. 73,280

6-39                                                                          51.. 73,280

6-40                                                                          52.. 73,600

6-41                                                                          53.. 74,400

 

 

7-1  54........................................................... 75,200

7-2  55........................................................... 76,000

7-3  56 or over............................................... 76,800

 

7-4  H