[Rev. 1/17/2009 6:57:50 PM]
GENERAL PROVISIONS
NRS 484.011 Purposes of chapter.
NRS 484.013 Definitions.
NRS 484.014 “Administrative roadblock” defined.
NRS 484.015 “Alley” defined.
NRS 484.017 “Authorized emergency vehicle” defined.
NRS 484.019 “Bicycle” defined.
NRS 484.021 “Bus” defined.
NRS 484.023 “Bus stand” defined.
NRS 484.027 “Business district” defined.
NRS 484.029 “Center” and “centerline” defined.
NRS 484.031 “Central business district” defined.
NRS 484.033 “City” defined.
NRS 484.035 “Combination of vehicles” defined.
NRS 484.037 “Commercial vehicle” defined.
NRS 484.038 “Concentration of alcohol of 0.08 or more in his blood or breath” defined. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.038 “Concentration of alcohol of 0.10 or more in his blood or breath” defined. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.041 “Controlled-access highway” defined.
NRS 484.043 “Crosswalk” defined.
NRS 484.045 “Curb loading zone” defined.
NRS 484.048 “Divided highway” defined.
NRS 484.051 “Driveaway-towaway operation” defined.
NRS 484.053 “Driver” defined.
NRS 484.057 “Explosives” defined.
NRS 484.059 “Farm tractor” defined.
NRS 484.061 “Flammable liquid” defined.
NRS 484.063 “Freight curb loading zone” defined.
NRS 484.064 “Funeral procession” defined.
NRS 484.065 “Highway” defined.
NRS 484.067 “House coach” defined.
NRS 484.069 “House trailer” defined.
NRS 484.071 “Implement of husbandry” defined.
NRS 484.073 “Intersection” defined.
NRS 484.074 “Interstate highway” defined.
NRS 484.075 “Laned highway” defined.
NRS 484.077 “License to drive a motor vehicle” defined.
NRS 484.079 “Local authority” defined.
NRS 484.0792 “Manufactured home” defined.
NRS 484.0795 “Mobile home” defined.
NRS 484.0798 “Moped” defined.
NRS 484.081 “Motor vehicle” defined.
NRS 484.083 “Motorcycle” defined.
NRS 484.085 “Nonresident” defined.
NRS 484.087 “Nonresident’s driving privilege” defined.
NRS 484.089 “Official traffic-control device” defined.
NRS 484.091 “Owner” defined.
NRS 484.097 “Park” and “parking” defined.
NRS 484.099 “Parking meter” defined.
NRS 484.101 “Passenger car” defined.
NRS 484.109 “Passenger curb loading zone” defined.
NRS 484.111 “Pedestrian” defined.
NRS 484.1115 “Person with a disability of moderate duration” defined.
NRS 484.112 “Person with a disability which limits or impairs the ability to walk” defined.
NRS 484.1135 “Person with a permanent disability” defined.
NRS 484.1145 “Person with a temporary disability” defined.
NRS 484.116 “Pole trailer” defined.
NRS 484.118 “Police officer” defined.
NRS 484.122 “Premises to which the public has access” defined.
NRS 484.124 “Private way” and “driveway” defined.
NRS 484.1245 “Prohibited substance” defined.
NRS 484.126 “Public authority” defined.
NRS 484.128 “Railroad” defined.
NRS 484.131 “Railroad sign” and “railroad signal” defined.
NRS 484.134 “Railroad train” defined.
NRS 484.1342 “Recreational vehicle” defined.
NRS 484.1345 “Regulatory agency” defined.
NRS 484.136 “Residence district” defined.
NRS 484.138 “Revocation of driver’s license” defined.
NRS 484.141 “Right-of-way” defined.
NRS 484.144 “Road” defined.
NRS 484.145 “Roadway” defined.
NRS 484.1455 “Rural area” defined.
NRS 484.146 “Safety zone” defined.
NRS 484.148 “School bus” defined.
NRS 484.1485 “School crossing zone” defined.
NRS 484.149 “School zone” defined.
NRS 484.157 “Security agreement” defined.
NRS 484.159 “Security interest” defined.
NRS 484.168 “Semitrailer” defined.
NRS 484.171 “Sidewalk” defined.
NRS 484.173 “Special mobile equipment” defined.
NRS 484.183 “Stand” and “standing” defined.
NRS 484.185 “Stop” defined.
NRS 484.187 “Stop” and “stopping” defined.
NRS 484.189 “Street” defined.
NRS 484.1905 “Tandem axle” defined.
NRS 484.191 “Taxicab” defined.
NRS 484.193 “Taxicab stand” defined.
NRS 484.194 “Temporary roadblock” defined.
NRS 484.199 “Through highway” defined.
NRS 484.201 “Tow car” defined.
NRS 484.202 “Towable tools or equipment” defined.
NRS 484.203 “Traffic” defined.
NRS 484.205 “Traffic-control signal” defined.
NRS 484.207 “Trailer” defined.
NRS 484.209 “Traveled portion of highway” defined.
NRS 484.211 “Truck” defined.
NRS 484.213 “Truck-tractor” defined.
NRS 484.215 “Two-directional highway” defined.
NRS 484.2155 “Urban area” defined.
NRS 484.216 “U-turn” defined.
NRS 484.217 “Vehicle” defined.
ACCIDENTS AND REPORTS OF ACCIDENTS
NRS 484.219 Duty to stop at scene of accident involving death or personal injury; penalty.
NRS 484.221 Duty to stop at scene of accident involving damage to vehicle or property.
NRS 484.223 Duty to give information and render aid.
NRS 484.225 Duty upon damaging unattended vehicle or other property.
NRS 484.227 Immediate notice to police officer of accident involving unattended vehicle or other property.
NRS 484.228 Seizure and impoundment of vehicle for failure to surrender license plates and certificate of registration upon suspension of registration.
NRS 484.229 Written report of accident to Department by driver or owner; exceptions; confidentiality; use as evidence at trial.
NRS 484.236 Failure to report; false report; penalties.
NRS 484.238 State Registrar of Vital Statistics to report death to Department.
NRS 484.241 Garage or repair shop to maintain record of repairs made to vehicle involved in accident.
NRS 484.243 Police to report to Department; report not confidential.
NRS 484.247 Forms for report of accident.
NRS 484.249 Department to tabulate and analyze reports.
RULES OF THE ROAD
General Duties of Drivers; Applicability and Effect of Traffic Laws
NRS 484.253 Obedience to police officer.
NRS 484.254 Obedience to signal of authorized flagman; prosecution of violations; penalties.
NRS 484.257 Rights and duties of person riding animal or driving vehicle drawn by animal.
NRS 484.259 Applicability of chapter to person, motor vehicle or other equipment engaged in work upon highway.
NRS 484.261 Privileges granted to driver of authorized emergency vehicle, official vehicle of regulatory agency or vehicle escorting funeral procession; application of privileges; limitation of privileges.
NRS 484.262 Rental agency not liable for traffic violation by user of rented vehicle.
Traffic Signs, Signals and Markings
NRS 484.278 Obedience to devices for control of traffic; placement of devices; additional penalty for violation committed in work zone.
NRS 484.283 Traffic controlled by official traffic-control devices exhibiting different colored lights: Rights and duties of vehicular traffic and pedestrians depending upon particular signal displayed; signals placed over individual lanes; certain restrictions upon local authorities.
NRS 484.285 Flashing signals.
NRS 484.287 Display of unauthorized signs, signals or markings; removal as public nuisance; exceptions; use of advertising revenues to repay bonds.
NRS 484.289 Interference with official device for control of traffic or sign or signal for railroad prohibited; additional penalty for violation committed in work zone.
NRS 484.2895 Devices and mechanisms capable of interfering with or altering signal of traffic-control signal: General prohibition against operating and selling; seizure by police; presence in or on vehicle as prima facie evidence of violation; penalty; exceptions for providers of mass transit and response agencies.
Driving on Right Side of Highway; Overtaking and Passing; Use of Highway
NRS 484.291 Driving on right half of highway required; exceptions; additional penalty for violation committed in work zone.
NRS 484.293 Duties of drivers passing vehicles proceeding in opposite directions; additional penalty for violation committed in work zone.
NRS 484.295 Overtaking vehicle on left side: Duties of drivers of overtaking and overtaken vehicle; additional penalty for violation committed in work zone.
NRS 484.297 When overtaking on right side allowed; additional penalty for violation committed in work zone.
NRS 484.299 Limitations on overtaking on left side; additional penalty for violation committed in work zone.
NRS 484.301 Zones in which overtaking on left side or making left-hand turn prohibited; exceptions; additional penalty for violation committed in work zone.
NRS 484.303 One-way highway; rotary traffic island.
NRS 484.305 Driving on highway having multiple marked lanes for traffic; additional penalty for violation committed in work zone.
NRS 484.307 Following too closely.
NRS 484.309 Driving on divided highway: Prohibited turns; additional penalty for violation committed in work zone.
NRS 484.311 Restricted access onto or from controlled-access highway; additional penalty for violation committed in work zone.
NRS 484.312 Carpool lanes: Authority of Department of Transportation to designate; duties of Department; prohibited use; penalty; regulations.
NRS 484.3125 Heavy-vehicle lanes: Authority of Department of Transportation to erect advisory signs on controlled-access facilities.
NRS 484.313 Restrictions on use of controlled-access highway; penalty.
Right-of-Way
NRS 484.315 Vehicle approaching or entering intersection.
NRS 484.317 Vehicle turning left.
NRS 484.319 Vehicle entering intersection marked stop or yield.
NRS 484.321 Vehicle entering highway from private way.
NRS 484.322 Vehicle entering or exiting controlled-access highway: Duty to yield right-of-way.
NRS 484.323 Operation of vehicle on approach of authorized emergency vehicle or official vehicle of regulatory agency.
NRS 484.324 Vehicles and bicycles.
Pedestrians
NRS 484.3245 Duties of driver of motor vehicle to pedestrian.
NRS 484.325 Right-of-way in crosswalk; obedience to signals and other devices for control of traffic.
NRS 484.327 Crossing other than at crosswalk.
NRS 484.328 Right-of-way of person who is blind; penalty.
NRS 484.329 Use of right half of crosswalk.
NRS 484.331 Walking along and upon highways; solicitation of ride, business or contribution from driver or occupant of vehicle; presence of intoxicated pedestrian within traveled portion of highway; applicability to riders of animals; criminal penalty.
Turning and Starting and Signals on Stopping and Turning
NRS 484.333 Required position and method of turning at intersections.
NRS 484.335 Disobedience of directions of device for control of traffic unlawful; additional penalty for violation committed in work zone.
NRS 484.337 Allowed and prohibited U-turns; additional penalty for violation committed in work zone.
NRS 484.339 Turning on curve or crest of grade prohibited.
NRS 484.341 Starting parked vehicle.
NRS 484.343 Movement and signals for turning; signal for stopping or decreasing speed.
NRS 484.345 Signal by hand and arm or signal lamp or device.
NRS 484.347 Methods of giving signals by hand and arm.
Special Stops Required
NRS 484.348 Stop required upon signal of peace officer; manner in which signal must be given; penalties.
NRS 484.349 Obedience to signal indicating approach of railroad train.
NRS 484.351 Stop required at certain grade crossings of railroad.
NRS 484.353 Certain vehicles required to stop at all grade crossings of railroad; exceptions.
NRS 484.355 Moving heavy equipment at grade crossing of railroad.
NRS 484.356 Stop required in obedience to direction or traffic-control signal of school crossing guard; penalty.
NRS 484.357 Overtaking and passing school bus: Duties of driver; exceptions; penalties.
NRS 484.358 Report by driver of school bus of violation of NRS 484.357; submission of report to school district and Department; provision of notice to owner of vehicle.
NRS 484.359 Administrative roadblock: Establishment; minimum requirements.
NRS 484.3591 Temporary roadblock: Establishment; minimum requirements.
NRS 484.3593 Authority of police officers not limited by provisions relating to roadblocks.
NRS 484.3595 Failure to stop at roadblock; penalties.
Restrictions on Speed
NRS 484.361 Basic rule; additional penalty for violation committed in work zone.
NRS 484.363 Duty of driver to decrease speed under certain circumstances; additional penalty for violation committed in work zone.
NRS 484.364 Approach to stopped authorized emergency vehicle making use of flashing lights: Duties of approaching driver; penalty.
NRS 484.365 School bus: Maximum speed.
NRS 484.366 School zone or school crossing zone: Speed limit; designation; signs; determination of hours in which speed limit is in effect.
NRS 484.3665 School zone or school crossing zone: Requirements for signs; placement of portable signs.
NRS 484.3667 Double penalty for certain traffic violations committed in work zones.
NRS 484.367 Speed limit in unincorporated town; additional penalty for violation committed in work zone.
NRS 484.368 Speed limit: Establishment for vehicles on highways constructed and maintained by Department of Transportation; additional penalty for violation committed in work zone.
NRS 484.3685 Certain violations of speed limit in rural areas: Fines; Department not to record violation on driver’s record; violation not deemed moving traffic violation.
NRS 484.369 Speed zones and signs.
NRS 484.371 Slow driving; establishment of minimum speed limit.
NRS 484.373 Duties of driver driving motor vehicle at speed so slow as to impede forward movement of traffic; prohibition against stopping vehicle on roadway so as to impede or block normal and reasonable movement of traffic; exception.
NRS 484.374 Duty of driver of slow-moving vehicle to turn off roadway; circumstances in which duty arises; criminal penalty.
NRS 484.375 Special limitations on speed.
Aggressive Driving; Reckless Driving; Vehicular Manslaughter
NRS 484.3765 Aggressive driving: Acts constituting; penalties; additional penalty for violation committed in work zone.
NRS 484.377 Reckless driving or organization of unauthorized speed contest: Acts constituting reckless driving; penalties; court to suspend driver’s license of certain offenders; additional penalty for violation committed in work zone.
NRS 484.3775 Vehicular manslaughter; additional penalty for violation committed in work zone; notification to Department of conviction by court; recordation of conviction upon driving record of violator.
Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance
NRS 484.379 Unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.379 Unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.3791 Civil penalty.
NRS 484.3792 Penalties; segregation of offender; probation, suspension of sentence and plea bargaining restricted; intermittent confinement; consecutive sentences.
NRS 484.3793 Evaluation and treatment for alcohol or drug abuse: Definitions.
NRS 484.37935 Evaluation and treatment for alcohol or drug abuse: Standards for approval of evaluation center.
NRS 484.37937 Evaluation and treatment for alcohol or drug abuse: Application by first-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department.
NRS 484.3794 Evaluation and treatment for alcohol or drug abuse: Application by second-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department.
NRS 484.37941 Evaluation and treatment for alcohol or drug abuse: Application by third-time offender to undergo program of treatment; sentencing of offender and conditional suspension of proceedings; requirements to participate in program of treatment; certain previous convictions preclude offender from participating in program of treatment.
NRS 484.37943 Evaluation and treatment for alcohol or drug abuse: Evaluation of certain offenders; evaluation to be conducted at evaluation center; exceptions; offender to pay cost of evaluation.
NRS 484.37945 Evaluation and treatment for alcohol or drug abuse: Placement of offender under clinical supervision of treatment facility; payment of charges for treatment; liability of facility limited.
NRS 484.37947 Evaluation and treatment for alcohol or drug abuse: Evaluation or treatment by private company authorized.
NRS 484.3795 Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.3795 Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.37955 Vehicular homicide; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.37955 Vehicular homicide; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.3796 Evaluation of certain offenders before sentencing; persons qualified to conduct evaluation; results of evaluation to be forwarded to Director of Department of Corrections.
NRS 484.3797 Offender to attend meeting of panel of victims and provide proof of attendance to court.
NRS 484.37975 Mandatory suspension of registration of each motor vehicle registered to person convicted of second or subsequent violation or convicted of vehicular homicide; duration of suspension; court to forward copy of order to Department; contents of order; limited exceptions.
NRS 484.379778 Unlawful acts relating to operation of commercial motor vehicle; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.379778 Unlawful acts relating to operation of commercial motor vehicle; affirmative defense; additional penalty for violation committed in work zone. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.3798 Fee for chemical analysis.
NRS 484.382 Implied consent to preliminary test; failure to submit to test; use of results of test.
NRS 484.383 Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which police officer may direct person to submit to blood test; restrictions on requiring urine test; failure to submit to test; notification of parent or guardian of minor directed to submit to test.
NRS 484.384 Test showing concentration of alcohol of 0.08 or more in blood or breath; revocation of license, permit or privilege; periods of ineligibility to run consecutively. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.384 Test showing concentration of alcohol of 0.10 or more in blood or breath; revocation of license, permit or privilege; periods of ineligibility to run consecutively. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.385 Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.385 Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.386 Requirements for evidentiary test of breath to determine concentration of alcohol in breath; use of reasonable force to obtain sample or conduct test.
NRS 484.387 Hearing by Department; additional temporary license; judicial review; cancellation of temporary license. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.387 Hearing by Department; additional temporary license; judicial review; cancellation of temporary license. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
NRS 484.388 Committee on Testing for Intoxication: Creation; appointment and qualifications of members; meetings; quorum; appeal from decision of Committee.
NRS 484.3882 Committee on Testing for Intoxication: Certification of breath-testing devices; creation and maintenance of list of such devices; presumption of accuracy and reliability of device; other evidence of concentration of alcohol in breath not precluded.
NRS 484.3884 Committee on Testing for Intoxication: Adoption of regulations to prescribe standards and procedures to calibrate breath-testing devices; issuance of certificates by Director of Department of Public Safety.
NRS 484.3886 Committee on Testing for Intoxication: Adoption of regulations for certification of persons to operate device to test concentration in breath; judicial notice; presumption of proper operation; evidence of test performed by others not precluded.
NRS 484.3888 Committee on Testing for Intoxication: Adoption of regulations for calibration of devices to test blood or urine and certification of persons who calibrate or operate devices or who examine operators; adoption of regulations concerning operation of devices to test blood or urine.
NRS 484.389 Admissibility of evidence of refusal to submit to evidentiary test and results of test; availability of results of test.
NRS 484.391 Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited.
NRS 484.393 Admissibility of results of blood test in hearing or criminal action; immunity from liability for person administering blood test in certain circumstances.
NRS 484.3935 Presumption that solution or gas used to calibrate device for testing breath is properly prepared.
NRS 484.394 Analysis of blood of deceased victim of accident involving motor vehicle to determine presence and concentration of alcohol.
NRS 484.3941 Device to prevent person who has consumed alcohol from starting vehicle: “Device” defined.
NRS 484.3943 Device to prevent person who has consumed alcohol from starting vehicle: Imposition by court order; installation and inspection; exceptions.
NRS 484.3945 Device to prevent person who has consumed alcohol from starting vehicle: Penalties for tampering with or driving without device; probation and suspension of sentence prohibited; plea bargaining restricted.
NRS 484.3947 Device to prevent person who has consumed alcohol from starting vehicle: Regulations.
Stopping, Standing and Parking
NRS 484.395 Stopping, standing or parking outside of business or residence district.
NRS 484.397 Police officer authorized to remove certain vehicles; protocol for selection and use of towing services; duties and liability of tow car operator.
NRS 484.398 Preservation of criminal evidence on removal of vehicle from highway.
NRS 484.399 Stopping, standing or parking prohibited in specified places.
NRS 484.401 Prohibited parking in front of theaters, hotels and other buildings.
NRS 484.403 Parallel and angle parking; stopping, standing and parking on highways under jurisdiction of Department of Transportation.
NRS 484.405 Obedience to devices permitting angle parking.
NRS 484.407 Special license plate or plates and special or temporary parking placards and stickers: Use; alternative use of special plate or plates issued to veteran with a disability; limitations.
NRS 484.408 Parking space designated for persons who are handicapped: Signs; required plates, stickers or placards for parking; prohibited acts; penalty.
NRS 484.4085 Local law enforcement agency authorized to appoint volunteers to enforce certain laws concerning parking for persons who are handicapped.
NRS 484.409 Parked vehicle at nighttime: Reflectors; lights.
NRS 484.411 Stopping, standing or parking in alley.
NRS 484.413 All-night parking prohibited.
NRS 484.418 Parking for certain purposes prohibited.
NRS 484.421 Parking adjacent to school.
NRS 484.423 Parking on narrow highway.
NRS 484.425 Standing or parking on one-way street.
NRS 484.427 Standing or parking on one-way roadway.
NRS 484.429 Stopping, standing or parking near hazardous or congested place.
NRS 484.431 Stopping, standing or parking in zone for loading passengers at curb.
NRS 484.433 Stopping, standing or parking in zone for loading freight at curb.
NRS 484.435 Stopping, standing or parking in restricted parking zone.
NRS 484.437 Stopping, standing and parking of bus or taxicab.
NRS 484.439 Restricted use of bus and taxicab stands.
NRS 484.441 Regulation of stopping, standing or parking by local authority.
NRS 484.443 Stopping, standing or parking in metered parking zone; unlawful tampering with meter.
NRS 484.444 Local authority authorized to file notice of nonpayment with Department if registered owner of motor vehicle fails to pay certain penalties, fines or other charges; contents of notice; regulations.
Miscellaneous Rules
NRS 484.445 Unattended motor vehicle: Stopping engine, locking ignition and removing key.
NRS 484.447 Unattended motor vehicle: Standing on grade.
NRS 484.448 Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.
NRS 484.449 Limitations on backing.
NRS 484.451 Driving upon sidewalk.
NRS 484.453 Obstruction of or interference with driver’s view; interference with driver’s control over driving mechanism; vision of driver through required glass equipment; additional penalty for violation committed in work zone.
NRS 484.455 Riding in house trailer.
NRS 484.457 Driving on mountain highway.
NRS 484.459 Coasting prohibited.
NRS 484.461 Following fire apparatus prohibited.
NRS 484.463 Crossing fire hose.
NRS 484.465 Putting glass or other injurious substance on highway prohibited.
NRS 484.466 Violation of curfew by drivers who are 16 or 17 years of age; exception for scheduled events; violation does not constitute primary offense.
NRS 484.467 Driving through funeral or other procession.
NRS 484.469 Driving in procession.
NRS 484.471 Permits required for certain parades and processions, sound trucks and oversized or overweight vehicles or equipment; duties of Department of Transportation; authority of cities and counties to provide recommendations and notice; regulations; penalty.
NRS 484.473 Unlawful riding.
NRS 484.474 Child less than 6 years of age and weighing 60 pounds or less to be secured in child restraint system while being transported in motor vehicle; requirements for system; penalties; programs of training; waiver or reduction of penalty under certain circumstances; application of section.
NRS 484.475 Boarding or alighting from vehicle; opening door of vehicle.
NRS 484.477 Motor must be shut off when supply tank being filled with fuel.
NRS 484.479 Highway closed to traffic: Removal of barriers and signs unlawful; driving on highway unlawful; additional penalty for violation committed in work zone.
NRS 484.491 Fusee: Limitation on color.
NRS 484.493 Police officer to remove lights and sirens unlawfully installed or operated.
NRS 484.495 Driving through safety zone prohibited.
NRS 484.496 Reflective material required for person directing or controlling traffic near school.
NRS 484.497 Operator of tow car: Placement of warning signs when rendering assistance to disabled vehicle on certain roadways.
NRS 484.499 Operator of tow car: Placement of flares, warning lights or reflectors near warning signs when rendering assistance to disabled vehicle on highway during darkness.
Operation of Bicycles and Vehicles for Play
NRS 484.501 Penalty; responsibility of parent or guardian of minor; applicability to bicycle.
NRS 484.503 Traffic laws apply to person riding bicycle.
NRS 484.504 Persons exempt from traffic laws otherwise applicable to person riding bicycle; exception.
NRS 484.505 Riding on bicycle.
NRS 484.507 Clinging to another vehicle on roadway prohibited.
NRS 484.509 Operating bicycle on roadway.
NRS 484.511 Carrying articles.
NRS 484.513 Lamps, reflectors and brakes required on bicycles.
Operation of Low-Speed Vehicles
NRS 484.527 “Low-speed vehicle” defined; highways upon which low-speed vehicles may be operated; exception.
EQUIPMENT OF VEHICLES
Scope and Effect of Regulations
NRS 484.541 General requirements for equipment.
Lamps and Other Equipment for Lighting
NRS 484.545 When lighted lamps are required.
NRS 484.547 Distance of visibility and mounted height of lamps.
NRS 484.549 Head lamps on motor vehicles and special mobile equipment.
NRS 484.551 Tail lamps.
NRS 484.553 Reflectors.
NRS 484.555 Stop lamps.
NRS 484.557 Turn signals.
NRS 484.559 Requirements for pole trailer.
NRS 484.561 Additional equipment for lighting required on certain vehicles.
NRS 484.563 Colors of certain lamps, lights and reflectors.
NRS 484.565 Mounting of reflectors, clearance lamps and side marker lamps.
NRS 484.567 Visibility requirements for reflectors, clearance lamps, identification lamps and marker lamps.
NRS 484.569 Obstructed lights.
NRS 484.571 Lamps on parked vehicle.
NRS 484.573 Lamps and reflectors on farm tractors, farm equipment and implements of husbandry.
NRS 484.575 Lamps and reflectors on other vehicles.
NRS 484.577 Spot lamps, auxiliary lamps and lamps for fog.
NRS 484.579 Flashing amber warning light: Limitations on operation and display; permit to mount on certain vehicles; fee.
NRS 484.582 Display of flashing amber warning light and signs by certain vehicles used to sell food or beverage.
NRS 484.583 Display of flashing amber warning light by vehicle of public utility.
NRS 484.584 Use and display of blue tail lamps by certain vehicles of Department of Transportation; conditions.
NRS 484.585 Additional equipment for lighting.
NRS 484.587 Equipment for lighting road with multiple beams.
NRS 484.589 Use of equipment for lighting road with multiple beams.
NRS 484.591 Number and intensity of lamps on front of vehicle.
Brakes
NRS 484.593 Equipment required.
NRS 484.595 Requirements for performance.
NRS 484.597 Maintenance.
NRS 484.599 Equipment for towing vehicle.
NRS 484.601 Arrangement of system; device for control.
NRS 484.603 Reservoirs.
NRS 484.605 Warning signals and devices for certain buses, trucks and truck-tractors.
NRS 484.6055 Conditions upon use of compression brakes; penalty.
Odometers
NRS 484.606 Definitions.
NRS 484.6061 Unlawful devices.
NRS 484.6062 Unlawful change of mileage.
NRS 484.6063 Operation of, or causing or allowing to be operated, with intent to defraud, motor vehicle that has disconnected, nonfunctional or altered odometer.
NRS 484.6064 Conspiracy.
NRS 484.6065 Lawful service, repair or replacement; notice to be attached to vehicle when odometer adjusted to read zero.
NRS 484.60665 Department to enforce provisions of federal law relating to disclosure of odometer reading of motor vehicle and certain other information.
NRS 484.6067 Criminal penalties.
NRS 484.6068 Civil penalties.
NRS 484.6069 Injunctive relief.
Other Equipment
NRS 484.607 Horns and other warning devices.
NRS 484.609 Unlawful to operate out-of-state or foreign privately owned motor vehicle equipped with red light or siren; exception; penalty.
NRS 484.6101 Standards and regulations for noise emission; compliance.
NRS 484.611 Mufflers: Prevention of emissions.
NRS 484.612 Mudguards.
NRS 484.613 Mirrors on trucks.
NRS 484.617 Mirrors on all motor vehicles.
NRS 484.619 Windshield and windows must be unobstructed.
NRS 484.6195 Restrictions on tinting of windshield or side or rear window.
NRS 484.621 Windshield wipers.
NRS 484.623 Safety glazing material in motor vehicles and campers.
NRS 484.625 Replacement of glazing materials.
NRS 484.627 Certain vehicles to carry pot torches, lanterns or reflectors; display of devices when vehicle is disabled.
NRS 484.629 Display of warning devices by vehicle of public utility parked at site of work.
NRS 484.631 Tow cars required to be equipped with broom, shovel and fire extinguisher; duties of driver; failure to perform duties.
NRS 484.633 Equipment for tow car: Flashing amber warning lamp; flares, lanterns, lights or reflectors.
NRS 484.637 Equipment for tow car: Rear and stop lamps; portable electric extension cord.
NRS 484.638 Event recording device: Disclosure by manufacturer of new motor vehicle in owner’s manual; downloading or retrieval of data; subscription services; penalty.
NRS 484.639 Television-type receiving equipment.
NRS 484.641 Safety belts and shoulder harness assembly; requirements for child and other passenger; penalty; exemptions. [Effective until the date the Federal Government rescinds the requirement for the installation of automatic restraints in new private passenger motor vehicles, if that action is based upon the enactment or continued operation of certain amendatory and transitory provisions contained in chapter 480, Statutes of Nevada 1987.]
NRS 484.641 Safety belts and shoulder harness assembly. [Effective on the date the Federal Government rescinds the requirement for the installation of automatic restraints in new private passenger motor vehicles, if that action is based upon the enactment or continued operation of certain amendatory and transitory provisions contained in chapter 480, Statutes of Nevada 1987.]
NRS 484.6415 Use of safety belts within taxicabs.
NRS 484.642 Pneumatic tires: Standards; sale or use of nonconforming tire prohibited.
NRS 484.6425 Use of certain cleated or studded tires prohibited; exceptions.
NRS 484.643 Traction devices, tire chains or snow tires: Use required where highway marked or posted.
NRS 484.6432 Traction devices, tire chains or snow tires: Requirements under certain circumstances.
NRS 484.6434 Traction devices, tire chains or snow tires: Installation and mounting.
NRS 484.6436 Mechanical device to provide traction.
NRS 484.644 Device for control of pollution: Use required; disconnection or alteration prohibited; exceptions.
NRS 484.6441 Device for control of pollution: Penalty; proof of conformity may be required.
NRS 484.646 Emblem for slow moving vehicle displayed on certain vehicles; standards.
INSPECTION OF VEHICLES
NRS 484.695 Inspection by peace officer or inspector; citation or notice of violation; centers for inspection; standards for tires and brakes.
NRS 484.697 Operation of vehicle without required equipment or in unsafe condition prohibited; exceptions.
NRS 484.701 Penalty for failure or refusal to stop and submit to inspection or test.
SIZE, WEIGHT AND LOAD
General Restrictions and Exemptions; Permits
NRS 484.737 Prohibited acts concerning size or weight of vehicle; special permit; emergencies; exceptions.
NRS 484.738 Height of vehicle: Maximum heights with load; exception; unlawful acts.
NRS 484.7385 Height of vehicle: Maximum ground clearance; exceptions.
NRS 484.739 Length of vehicle: Restrictions; special permit; exceptions.
NRS 484.741 Length of vehicle: Penalty.
NRS 484.743 Authorized movement of vehicle on public highway in excess of limits on size and weight; permit; fee.
NRS 484.744 Operation of motor vehicle exceeding its declared gross weight unlawful.
NRS 484.745 Maximum weight of vehicle on any axle or per tire.
NRS 484.748 Limitations on weight for vehicle used by licensed hauler of garbage and refuse.
NRS 484.7485 Limitations on weight for vehicle used by regional transportation commission or its contractor to provide public mass transportation; exception for certain vehicles used as part of demonstration project; definitions.
NRS 484.751 Measurement of distance between axles.
NRS 484.7515 Factors to be considered by Department of Transportation before reduction of maximum weight limits.
NRS 484.752 Applicability of limits on weight to federal highways; reduction of limits by Department of Transportation or governing body of city or county.
NRS 484.7525 Certain larger vehicles prohibited from traveling on State Route 159; duty of Department of Transportation to erect certain markers; exceptions.
NRS 484.753 Exemption for traction engine and tractor; circular metal band required.
NRS 484.755 Enforcement by officer of Nevada Highway Patrol; weighing; requiring removal of excess load; penalty.
NRS 484.757 Fines for violations of limits on weight.
NRS 484.759 Maximum width of vehicle; permit for increased size or weight.
NRS 484.7595 Maximum width of bus.
NRS 484.7598 Maximum width of recreational vehicle.
NRS 484.760 Maximum width of trailer, semitrailer, special mobile equipment or equipment for construction or maintenance of highway.
NRS 484.7605 Width of load of loosely piled agricultural products; restrictions for implement of husbandry moved over highway.
NRS 484.7615 Applicability of limits on width to federal highways.
NRS 484.762 Permit for movement of oversized manufactured or mobile home or similar structure: Requirements; conditions; regulations.
NRS 484.7625 Permit for movement of oversized manufactured or mobile home or similar structure: Additional requirements and conditions; designation of highways; regulations.
NRS 484.7631 Permit to operate oversized vehicle; coordination with affected entities; regulations limiting hours, days or routes for movement of oversized vehicle; meetings with affected industries; expedited procedure. [Repealed.]
NRS 484.7633 Permit to operate or move vehicles with oversized loads.
NRS 484.764 Contents of application for permit.
NRS 484.765 Continuous and multiple trip-limited time permits: Maximum weight per axle; fee for investigation; revocation; new application; Department of Transportation to consider recommendation of city or county.
NRS 484.767 Carrying and inspection of permit.
Unlawful Acts; Penalties
NRS 484.769 Penalties for operation of oversized or overweight vehicle without permit or in violation of permit.
Regional Advisement in Counties Whose Population is 400,000 or More
NRS 484.770 Committee: Creation; matters subject to recommendation; membership; terms of members; vacancies; members serve without compensation.
NRS 484.7705 Duties of committee; duties of Department of Transportation.
Miscellaneous Provisions
NRS 484.771 Load on vehicle.
NRS 484.773 Regulations: Loading and securing loads; safety chains and cables for combinations of vehicles.
NRS 484.775 Display of red lights or flag on load.
RESPECTIVE POWERS OF STATE AND LOCAL AUTHORITIES
NRS 484.777 Provisions uniform throughout State; local authority prohibited from enacting certain ordinances; trial for same offense prohibited.
NRS 484.7777 Authority of Department to adopt regulations concerning “special mobile equipment.”
NRS 484.778 City may adopt penalties for misdemeanors imposed by NRS 484.3792.
NRS 484.779 Powers of local authority.
NRS 484.781 Adoption of manual and specifications for devices for control of traffic by Department of Transportation.
NRS 484.783 Local device for control of traffic.
NRS 484.785 Designation of through highways and intersections requiring stop or yield; vehicle entering intersection.
NRS 484.787 Designation of authorized emergency vehicles; equipment; limitations on use of warning devices.
NRS 484.789 Permit for authorized emergency vehicle issued to other vehicles; certain vehicles not considered emergency vehicles.
PROCEDURE UPON ARREST
NRS 484.791 Arrest without warrant for certain offenses.
NRS 484.792 Citation for operation of vehicle without insurance or for failure to present proof of insurance.
NRS 484.793 When person must be taken immediately before magistrate.
NRS 484.795 When peace officer has option to take person before magistrate.
NRS 484.797 Arrest of nonresident.
NRS 484.799 Citation: Contents; 5-day notice to appear in court; written promise to appear.
NRS 484.800 Matching of certain information before driver arrested for prior offense.
NRS 484.801 Authority of peace officer at scene of accident.
NRS 484.803 Appearance before magistrate having jurisdiction.
NRS 484.805 Release of defendant when magistrate not available.
NRS 484.807 Effect of violation of written promise to appear; when appearance by counsel in lieu of personal appearance is authorized.
NRS 484.809 Procedure prescribed for arrest without warrant not exclusive.
NRS 484.810 Issuance of warrant for failure to obey citation for parking violation.
NRS 484.811 Issuance of forms for traffic citations; records.
NRS 484.813 Disposition and records of traffic citations.
NRS 484.815 Audit of records of traffic citations.
NRS 484.817 Copy of citation deemed lawful complaint.
MISCELLANEOUS PROVISIONS
NRS 484.900 Sponsor of special event to provide for control of vehicular traffic.
NRS 484.910 Use by governmental entity or agent of photographic, video or digital equipment to gather evidence for issuance of traffic citation.
GENERAL VIOLATIONS OF CHAPTER
NRS 484.999 General rule: Performance of act forbidden by chapter or failure to perform act required by chapter is misdemeanor; authority of court to order repeat offender to pay for and attend school for driver training.
_________
GENERAL PROVISIONS
NRS 484.011 Purposes of chapter. The purposes of this chapter are to:
1. Establish traffic laws which are uniform throughout the State of Nevada, whether or not incorporated into local ordinances.
2. Minimize the differences between the traffic laws of the State of Nevada and those of other states.
(Added to NRS by 1969, 1482)
NRS 484.013 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.014 to 484.217, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 1202, 1476; A 1973, 448; 1975, 1076; 1981, 621; 1987, 1073; 1989, 291, 798; 1993, 1392, 1414, 2586; 1995, 568; 1999, 3415; 2003, 380; 2005, 21, 72)
NRS 484.014 “Administrative roadblock” defined. “Administrative roadblock” means any structure, device or means used by police officers to control all traffic through a point on the highway whereby all vehicles may be slowed or stopped for a lawful purpose other than identifying the occupants of the vehicles or an emergency.
(Added to NRS by 1987, 1072)
NRS 484.015 “Alley” defined. “Alley” means a highway:
1. Within a city block set apart for public use, vehicular traffic and local convenience.
2. Which primarily services access to the rear entrance of abutting property.
3. Designed for the special accommodation of abutting property, but not a cul-de-sac.
(Added to NRS by 1969, 1476)
NRS 484.017 “Authorized emergency vehicle” defined. “Authorized emergency vehicle” means a vehicle permitted to depart from certain traffic laws when equipped and operated in the manner provided by law.
(Added to NRS by 1969, 1476)
NRS 484.019 “Bicycle” defined. “Bicycle” means a device propelled by human power upon which a person may ride, having two tandem wheels either of which is over 14 inches in diameter, or every such device generally recognized as a bicycle though equipped with two front or two rear wheels except a moped.
(Added to NRS by 1969, 1476; A 1975, 1077)
NRS 484.021 “Bus” defined. “Bus” means a vehicle owned by the State, a political subdivision or a private school or nursery, designed for carrying more than 10 passengers and used for the transportation of persons, or a vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
(Added to NRS by 1969, 1476)
NRS 484.023 “Bus stand” defined. “Bus stand” means a fixed area in or adjacent to the highway to be occupied exclusively by buses for layover and operating schedules or in receiving or discharging passengers.
(Added to NRS by 1969, 1476)
NRS 484.027 “Business district” defined. “Business district” means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
(Added to NRS by 1969, 1476)
NRS 484.029 “Center” and “centerline” defined. “Center” or “centerline” means a continuous or broken line marked upon the surface of a highway by paint or otherwise to indicate each portion of a highway allocated to traffic proceeding in the two opposite directions, and, if a line is not marked, it is an imaginary line in the highway equally distant from the edges or curbs of the highway.
(Added to NRS by 1969, 1477)
NRS 484.031 “Central business district” defined. “Central business district” means all highways within the area described as such by an ordinance of an incorporated city.
(Added to NRS by 1969, 1477)
NRS 484.033 “City” defined. “City” means any incorporated city, whether incorporated under general or special law.
(Added to NRS by 1969, 1477; A 1987, 1725)
NRS 484.035 “Combination of vehicles” defined. “Combination of vehicles” means two or more vehicles coupled together.
(Added to NRS by 1969, 1477)
NRS 484.037 “Commercial vehicle” defined. “Commercial vehicle” means every vehicle designed, maintained or used primarily for the transportation of property in furtherance of commercial enterprise.
(Added to NRS by 1969, 1477; A 1973, 448)
NRS 484.038 “Concentration of alcohol of 0.08 or more in his blood or breath” defined. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.] The phrase “concentration of alcohol of 0.08 or more in his blood or breath” means 0.08 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
(Added to NRS by 1989, 291; A 1999, 2451; 2003, 2559)
NRS 484.038 “Concentration of alcohol of 0.10 or more in his blood or breath” defined. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.] The phrase “concentration of alcohol of 0.10 or more in his blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
(Added to NRS by 1989, 291; A 1999, 2451; 2003, 2559, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)
NRS 484.041 “Controlled-access highway” defined. “Controlled-access highway” means every highway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in such manner as may be determined by a public authority.
(Added to NRS by 1969, 1477)
NRS 484.043 “Crosswalk” defined. “Crosswalk” means:
1. That part of a highway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traveled portions of highways; or
2. Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
(Added to NRS by 1969, 1477)
NRS 484.045 “Curb loading zone” defined. “Curb loading zone” means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
(Added to NRS by 1969, 1477)
NRS 484.048 “Divided highway” defined. “Divided highway” means a highway divided into two or more roadways by means of a physical barrier or dividing section, constructed so as to impede the conflict of vehicular traffic traveling in opposite directions.
(Added to NRS by 1973, 447)
NRS 484.051 “Driveaway-towaway operation” defined. “Driveaway-towaway operation” means any operation in which any motor vehicle, trailer or semitrailer, singly or in combination, new or used, constitutes the commodity being transported, when one set or more of wheels of any such vehicle are on the highway during the course of transportation, whether or not any such vehicle furnishes the motive power.
(Added to NRS by 1969, 1203)
NRS 484.053 “Driver” defined. “Driver” means every person who drives or is in actual physical control of a vehicle.
(Added to NRS by 1969, 1477)
NRS 484.057 “Explosives” defined. “Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
(Added to NRS by 1969, 1477)
NRS 484.059 “Farm tractor” defined. “Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
(Added to NRS by 1969, 1477)
NRS 484.061 “Flammable liquid” defined. “Flammable liquid” means any liquid which has a flash point of 70° F., or less, as determined by a tagliabue or equivalent closed-cup test device.
(Added to NRS by 1969, 1478)
NRS 484.063 “Freight curb loading zone” defined. “Freight curb loading zone” means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.
(Added to NRS by 1969, 1478)
NRS 484.064 “Funeral procession” defined. “Funeral procession” means a procession of two or more vehicles accompanying a vehicle containing the body of a deceased person.
(Added to NRS by 1985, 944)
NRS 484.065 “Highway” defined. “Highway” means the entire width between the boundary lines of every way dedicated to a public authority when any part of the way is open to the use of the public for purposes of vehicular traffic, whether or not the public authority is maintaining the way.
(Added to NRS by 1969, 1478; A 1981, 1690)
NRS 484.067 “House coach” defined. “House coach” means a motor vehicle which is designed, constructed and equipped as a dwelling place or living abode, either permanently or temporarily.
(Added to NRS by 1969, 1478)
NRS 484.069 “House trailer” defined. “House trailer” means:
1. A trailer or a semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on a highway; or
2. A trailer or semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subsection 1, but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.
(Added to NRS by 1969, 1478)
NRS 484.071 “Implement of husbandry” defined. “Implement of husbandry” means every vehicle designed and adapted exclusively for agricultural, horticultural or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.
(Added to NRS by 1969, 1203)
NRS 484.073 “Intersection” defined. “Intersection” means:
1. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
2. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
3. The junction of an alley with a street, road or highway shall not constitute an intersection.
(Added to NRS by 1969, 1478)
NRS 484.074 “Interstate highway” defined. “Interstate highway” means a portion of the Dwight D. Eisenhower National System of Interstate and Defense Highways located within this State as officially designated pursuant to the provisions of Title 23 of the United States Code.
(Added to NRS by 2005, 71)
NRS 484.075 “Laned highway” defined. “Laned highway” means a highway which is divided into two or more clearly marked lanes for vehicular traffic.
(Added to NRS by 1969, 1478)
NRS 484.077 “License to drive a motor vehicle” defined. “License to drive a motor vehicle” means any license or permit to drive a motor vehicle issued under the laws of this State, including:
1. Any temporary license or instruction permit.
2. The privilege of any person to drive a motor vehicle whether or not such person holds a valid license.
3. Any nonresident’s driving privilege.
(Added to NRS by 1969, 1478)
NRS 484.079 “Local authority” defined. “Local authority” means the governing board of a county, city or other political subdivision having authority to enact laws or ordinances or promulgate regulations relating to traffic over a highway.
(Added to NRS by 1969, 1478)
NRS 484.0792 “Manufactured home” defined. “Manufactured home” has the meaning ascribed to it in NRS 489.113.
(Added to NRS by 1989, 798)
NRS 484.0795 “Mobile home” defined.
1. “Mobile home” means a vehicular structure which is built on a chassis or frame, is designed to be used with or without a permanent foundation, is capable of being drawn by a motor vehicle and may be used as a dwelling when connected to utilities.
2. “Mobile home” includes a vehicular structure as described in subsection 1 which is used permanently or temporarily for the advertising, display, promotion or sale of merchandise or services.
(Added to NRS by 1973, 448)
NRS 484.0798 “Moped” defined. “Moped” means a vehicle which looks and handles essentially like a bicycle and is propelled by a small engine which produces not more than 2 gross brake horsepower and which has a displacement of not more than 50 cubic centimeters, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
(Added to NRS by 1975, 1076; A 1983, 895)
NRS 484.081 “Motor vehicle” defined. “Motor vehicle” means every vehicle which is self-propelled but not operated upon rails.
(Added to NRS by 1969, 1479)
NRS 484.083 “Motorcycle” defined. “Motorcycle” means every motor vehicle equipped with a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, including a power cycle but excluding a tractor or a moped.
(Added to NRS by 1969, 1479; A 1971, 1472; 1975, 1077)
NRS 484.085 “Nonresident” defined. “Nonresident” means every person who is not a resident of this State.
(Added to NRS by 1969, 1479)
NRS 484.087 “Nonresident’s driving privilege” defined. “Nonresident’s driving privilege” means the privilege conferred upon a nonresident by the laws of this State pertaining to the driving by such person of a motor vehicle, or the use of a vehicle owned by such person, in this State.
(Added to NRS by 1969, 1479)
NRS 484.089 “Official traffic-control device” defined. “Official traffic-control device” means every sign, signal, marking and device not inconsistent with this chapter or prohibited by law, placed or erected by a public authority or railroad for the purpose of regulating, warning or guiding traffic.
(Added to NRS by 1969, 1479; A 1973, 448)
NRS 484.091 “Owner” defined. “Owner” means a person who holds the legal title to a vehicle. The term includes a conditional vendee or lessee, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with or without the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee. The term also includes a mortgagor, in the event of a mortgage of the vehicle, when the mortgagor of a vehicle is entitled to possession.
(Added to NRS by 1969, 1479; A 1973, 448)
NRS 484.097 “Park” and “parking” defined. “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers.
(Added to NRS by 1969, 1479)
NRS 484.099 “Parking meter” defined. “Parking meter” means a mechanical timing device authorized by an ordinance of a municipality to be used for the purpose of regulating parking.
(Added to NRS by 1969, 1479)
NRS 484.101 “Passenger car” defined. “Passenger car” means every motor vehicle, except motorcycles, power cycles and motor-driven cycles, designed for carrying 10 passengers or less and used for the transportation of persons.
(Added to NRS by 1969, 1203)
NRS 484.109 “Passenger curb loading zone” defined. “Passenger curb loading zone” means an area adjacent to a curb or edge of a highway reserved for the exclusive use of vehicles during the loading or unloading of passengers.
(Added to NRS by 1969, 1479)
NRS 484.111 “Pedestrian” defined. “Pedestrian” means a person afoot, a person in a manual or motorized wheelchair, or a person on an electric personal assistive mobility device as defined in NRS 482.029.
(Added to NRS by 1969, 1479; A 2003, 1206)
NRS 484.1115 “Person with a disability of moderate duration” defined. “Person with a disability of moderate duration” has the meaning ascribed to it in NRS 482.3833.
(Added to NRS by 2003, 380)
NRS 484.112 “Person with a disability which limits or impairs the ability to walk” defined. “Person with a disability which limits or impairs the ability to walk” has the meaning ascribed to it in NRS 482.3835.
(Added to NRS by 1993, 1392)
NRS 484.1135 “Person with a permanent disability” defined. “Person with a permanent disability” has the meaning ascribed to it in NRS 482.3837.
(Added to NRS by 2003, 380)
NRS 484.1145 “Person with a temporary disability” defined. “Person with a temporary disability” has the meaning ascribed to it in NRS 482.3839.
(Added to NRS by 2003, 380)
NRS 484.116 “Pole trailer” defined. “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(Added to NRS by 1969, 1203)
NRS 484.118 “Police officer” defined. “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic laws, ordinances or regulations.
(Added to NRS by 1969, 1479)
NRS 484.122 “Premises to which the public has access” defined.
1. “Premises to which the public has access” means property in private or public ownership onto which members of the public regularly enter, are reasonably likely to enter, or are invited or permitted to enter as invitees or licensees, whether or not access to the property by some members of the public is restricted or controlled by a person or a device.
2. The term includes, but is not limited to:
(a) A parking deck, parking garage or other parking structure.
(b) A paved or unpaved parking lot or other paved or unpaved area where vehicles are parked or are reasonably likely to be parked.
(c) A way that provides access to or is appurtenant to:
(1) A place of business;
(2) A governmental building;
(3) An apartment building;
(4) A mobile home park;
(5) A residential area or residential community which is gated or enclosed or the access to which is restricted or controlled by a person or a device; or
(6) Any other similar area, community, building or structure.
3. The term does not include:
(a) A private way on a farm.
(b) The driveway of an individual dwelling.
(Added to NRS by 1983, 1065; A 1997, 325)
NRS 484.124 “Private way” and “driveway” defined. “Private way” or “driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
(Added to NRS by 1969, 1479)
NRS 484.1245 “Prohibited substance” defined. “Prohibited substance” means any of the following substances if the person who uses the substance has not been issued a valid prescription to use the substance and the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 when it is used:
1. Amphetamine.
2. Cocaine or cocaine metabolite.
3. Heroin or heroin metabolite (morphine or 6-monoacetyl morphine).
4. Lysergic acid diethylamide.
5. Marijuana or marijuana metabolite.
6. Methamphetamine.
7. Phencyclidine.
(Added to NRS by 1999, 3414)
NRS 484.126 “Public authority” defined. “Public authority” means the Department of Transportation or the local authority having jurisdiction to enact laws or ordinances or adopt regulations relating to traffic over a highway.
(Added to NRS by 1969, 1479; A 1979, 1801)
NRS 484.128 “Railroad” defined. “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
(Added to NRS by 1969, 1480)
NRS 484.131 “Railroad sign” and “railroad signal” defined. “Railroad sign” or “railroad signal” means any sign, signal or device erected by a public authority or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
(Added to NRS by 1969, 1480)
NRS 484.134 “Railroad train” defined. “Railroad train” means a steam, electric or other motor engine, with or without cars coupled thereto, operated upon stationary rails, except streetcars.
(Added to NRS by 1969, 1480)
NRS 484.1342 “Recreational vehicle” defined. “Recreational vehicle” has the meaning ascribed to it in NRS 482.101.
(Added to NRS by 2005, 21)
NRS 484.1345 “Regulatory agency” defined. “Regulatory agency” means any of the agencies granted police or enforcement powers under the provisions of subsection 2 of NRS 289.250, NRS 289.260, subsection 2 of NRS 289.270, NRS 289.280, subsection 3 of NRS 289.290 or NRS 289.320, 289.340, 407.065, 472.040, 481.048, 501.349, 565.155 or 706.8821.
(Added to NRS by 1985, 25; A 1985, 2002; 1993, 2540; 2003, 2166; 2005, 677)
NRS 484.136 “Residence district” defined. “Residence district” means the territory contiguous to a highway not comprising a business district when the frontage on such for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for residence.
(Added to NRS by 1969, 1480)
NRS 484.138 “Revocation of driver’s license” defined. “Revocation of driver’s license” means the termination by formal action of the Department of a person’s license to drive a motor vehicle.
(Added to NRS by 1969, 1480; A 1985, 1943)
NRS 484.141 “Right-of-way” defined. “Right-of-way” means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
(Added to NRS by 1969, 1480)
NRS 484.144 “Road” defined. “Road” means the entire width between the boundary lines of every highway outside the territorial limits of a city and open to the use of the public for purposes of vehicular traffic.
(Added to NRS by 1969, 1480)
NRS 484.145 “Roadway” defined. “Roadway” means that portion of a highway which is improved and ordinarily used for vehicular traffic, exclusive of the shoulder.
(Added to NRS by 1973, 448)
NRS 484.1455 “Rural area” defined. “Rural area” means the area of the State which is not included within an urban area.
(Added to NRS by 1973, 448)
NRS 484.146 “Safety zone” defined. “Safety zone” means the area officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.
(Added to NRS by 1969, 1480)
NRS 484.148 “School bus” defined.
1. “School bus” means every motor vehicle owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.
2. “School bus” does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the Surface Transportation Board or the Nevada Transportation Authority when such vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.
(Added to NRS by 1969, 1480; A 1997, 1619, 2007)
NRS 484.1485 “School crossing zone” defined. “School crossing zone” means those sections of streets not adjacent to school property that pupils cross while following a designated walking route to school.
(Added to NRS by 1993, 2586)
NRS 484.149 “School zone” defined. “School zone” means those sections of streets which are adjacent to school property.
(Added to NRS by 1993, 2586)
NRS 484.157 “Security agreement” defined. “Security agreement” means a written agreement which reserves or creates a security interest.
(Added to NRS by 1969, 1480)
NRS 484.159 “Security interest” defined. “Security interest” means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security. A security interest is perfected when it is valid against third parties generally, subject only to specific statutory exceptions.
(Added to NRS by 1969, 1480)
NRS 484.168 “Semitrailer” defined. “Semitrailer” means every vehicle so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, except a pole trailer.
(Added to NRS by 1969, 1480)
NRS 484.171 “Sidewalk” defined. “Sidewalk” means that portion of a highway between the curb lines or the lateral lines of a highway and the adjacent property lines intended for the use of pedestrians.
(Added to NRS by 1969, 1481)
NRS 484.173 “Special mobile equipment” defined.
1. “Special mobile equipment” means every motor vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a highway, including, but not limited to, scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck-tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and earth-moving equipment.
2. “Special mobile equipment” does not include house trailers, dump trucks, truck-mounted transit mixers, concrete pumpers, cranes or drill rigs with highway-rated tires or other vehicles designed for the transportation of persons or property to which machinery has been attached.
3. The Director may make the final determination as to whether a vehicle not specifically enumerated in subsection 1 or 2 falls within this definition.
4. The Department shall, by regulation, define “incidentally operated or moved upon a highway” for purposes of this section.
(Added to NRS by 1969, 1203; A 1973, 448; 2007, 230)
NRS 484.183 “Stand” and “standing” defined. “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.
(Added to NRS by 1969, 1481)
NRS 484.185 “Stop” defined. “Stop,” when required, means complete cessation from movement.
(Added to NRS by 1969, 1481)
NRS 484.187 “Stop” and “stopping” defined. “Stop” or “stopping” means, when prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.
(Added to NRS by 1969, 1481)
NRS 484.189 “Street” defined. “Street” means the entire width between the boundary lines of every highway inside the territorial limits of a city when any part of such highway is open to the use of the public for purposes of vehicular traffic.
(Added to NRS by 1969, 1481)
NRS 484.1905 “Tandem axle” defined. “Tandem axle” means any two or more consecutive axles whose centers are more than 40 inches, but not more than 96 inches apart and are individually attached to or articulated from a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles.
(Added to NRS by 1993, 1414)
NRS 484.191 “Taxicab” defined. “Taxicab” means a motor vehicle designed or constructed to accommodate and transport not more than six passengers, including the driver, and used to transport passengers for a charge or fee.
(Added to NRS by 1969, 1481)
NRS 484.193 “Taxicab stand” defined. “Taxicab stand” means a fixed area in a highway parallel and adjacent to the curb or edge of the highway and set aside for taxicabs to stand for passengers.
(Added to NRS by 1969, 1481)
NRS 484.194 “Temporary roadblock” defined. “Temporary roadblock” means any structure, device or means used by police officers to control traffic at a place on a highway whereby vehicles may be slowed or stopped:
1. To identify the occupants of those vehicles; or
2. Because of the existence of an emergency.
(Added to NRS by 1987, 1072)
NRS 484.199 “Through highway” defined. “Through highway” means every highway or portion thereof on which vehicular traffic is given the right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either an authorized stop sign or a yield sign, or other official traffic-control device.
(Added to NRS by 1969, 1481)
NRS 484.201 “Tow car” defined. “Tow car” means a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, hoist, tow bar, towline or dolly, or is otherwise exclusively used to render assistance to other vehicles.
(Added to NRS by 1969, 1481)
NRS 484.202 “Towable tools or equipment” defined.
1. “Towable tools or equipment” means all tools or equipment:
(a) Mounted on wheels;
(b) Whose body does not exceed 70 inches in width;
(c) Designed for towing by a motor vehicle; and
(d) Which is not designed or used primarily for the transportation of persons or property, but is only incidentally operated or moved upon a highway.
2. The term includes without limitation air compressors, concrete mixers, arc welders, tarpots, engine hoists, concrete pumps, plaster mixers, mortar mixers, grout pumps, portable conveyors, generators, log splitters, brush chippers, spray rigs, tree spades, scissor lifts, light towers, pumps, steam cleaners, sand blasters, welders, stump grinders, radial arm saws, sod cutters, aerators, pavement rollers, and scaffolding.
(Added to NRS by 1981, 620)
NRS 484.203 “Traffic” defined. “Traffic” means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together using any highway for purposes of travel.
(Added to NRS by 1969, 1481)
NRS 484.205 “Traffic-control signal” defined. “Traffic-control signal” means any official traffic-control device, whether manually, electrically or mechanically operated, placed or erected by a public authority or railroad, by which traffic is alternately directed to stop or proceed.
(Added to NRS by 1969, 1481; A 1973, 449)
NRS 484.207 “Trailer” defined. “Trailer” means every vehicle designed to be drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle, except a pole trailer.
(Added to NRS by 1969, 1481)
NRS 484.209 “Traveled portion of highway” defined. “Traveled portion of highway” means that portion of a highway improved, designed or ordinarily used for vehicular traffic, exclusive of the berm or shoulder.
(Added to NRS by 1969, 1481)
NRS 484.211 “Truck” defined. “Truck” means every motor vehicle which is used for the transportation or delivery of goods with a body built and designed for that purpose.
(Added to NRS by 1969, 1481)
NRS 484.213 “Truck-tractor” defined. “Truck-tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than the part of the weight of the vehicle and load so drawn.
(Added to NRS by 1969, 1203)
NRS 484.215 “Two-directional highway” defined. “Two-directional highway” means an undivided highway upon which vehicles are allowed to proceed in opposite directions.
(Added to NRS by 1969, 1482; A 1973, 449)
NRS 484.2155 “Urban area” defined. “Urban area” means the area encompassed within the city limits of a city whose population is 10,000 or more.
(Added to NRS by 1973, 448; A 1979, 555; 1989, 1931)
NRS 484.216 “U-turn” defined. “U-turn” means the turning of a vehicle upon a highway so as to proceed in the opposite direction, whether accomplished by one continuous movement or not.
(Added to NRS by 1971, 1141)
NRS 484.217 “Vehicle” defined. “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except:
1. Devices moved by human power or used exclusively upon stationary rails; and
2. Electric personal assistive mobility devices as defined in NRS 482.029.
(Added to NRS by 1969, 1482; A 2003, 1206)
ACCIDENTS AND REPORTS OF ACCIDENTS
NRS 484.219 Duty to stop at scene of accident involving death or personal injury; penalty.
1. The driver of any vehicle involved in an accident on a highway or on premises to which the public has access resulting in bodily injury to or the death of a person shall immediately stop his vehicle at the scene of the accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of NRS 484.223.
2. Every such stop must be made without obstructing traffic more than is necessary.
3. A person failing to comply with the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not less than $2,000 nor more than $5,000.
(Added to NRS by 1969, 1482; A 1979, 1484; 1983, 1066; 1993, 2135; 1995, 1297)
NRS 484.221 Duty to stop at scene of accident involving damage to vehicle or property. The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall:
1. Immediately stop his vehicle at the scene of the accident; and
2. As soon as reasonably practicable, if his vehicle is obstructing traffic and can be moved safely, move the vehicle or cause the vehicle to be moved to a location as close thereto as possible that does not obstruct traffic and return to and remain at the scene of the accident until he has fulfilled the requirements of NRS 484.223.
(Added to NRS by 1969, 1483; A 1997, 2798; 2007, 77)
NRS 484.223 Duty to give information and render aid.
1. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:
(a) Give his name, address and the registration number of the vehicle he is driving, and shall upon request and if available exhibit his license to operate a motor vehicle to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident;
(b) Give such information and upon request manually surrender such license to any police officer at the scene of the accident or who is investigating the accident; and
(c) Render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.
2. If no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection 1 and NRS 484.219, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of a police authority or of the Nevada Highway Patrol and submit thereto the information specified in subsection 1.
(Added to NRS by 1969, 1483)
NRS 484.225 Duty upon damaging unattended vehicle or other property. The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.
(Added to NRS by 1969, 1483)
NRS 484.227 Immediate notice to police officer of accident involving unattended vehicle or other property.
1. The driver of a vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately by the quickest means of communication give notice of such accident to the nearest office of a police authority or of the Nevada Highway Patrol.
2. Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection 1 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.
(Added to NRS by 1969, 1483)
NRS 484.228 Seizure and impoundment of vehicle for failure to surrender license plates and certificate of registration upon suspension of registration.
1. A peace officer at the scene of an accident involving a motor vehicle shall, by radio, request that the information on file with the Department be checked regarding the validity of the registration for each motor vehicle involved in the accident. If he is informed that the registration of a motor vehicle involved in the accident has been suspended pursuant to any provision of chapter 485 of NRS, he shall determine whether the license plates and certificate of registration for the motor vehicle have been surrendered as required by NRS 485.320. If the license plates and certificate have not been surrendered, the peace officer shall:
(a) Issue a traffic citation in the manner provided in NRS 484.799 charging the registered owner with a violation of NRS 485.320 and 485.330; and
(b) Without a warrant, seize and take possession of the motor vehicle and cause it to be towed and impounded until the owner claims it by:
(1) Presenting proof that the vehicle’s registration has been reinstated by the Department; and
(2) Paying the cost of the towing and impoundment.
2. Neither the peace officer nor the governmental entity which employs him is civilly liable for any damage to the vehicle that occurs after the vehicle is seized, but before the towing process begins.
(Added to NRS by 1987, 319)
NRS 484.229 Written report of accident to Department by driver or owner; exceptions; confidentiality; use as evidence at trial.
1. Except as otherwise provided in subsections 2, 3 and 4, the driver of a vehicle which is in any manner involved in an accident on a highway or on premises to which the public has access, if the accident results in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $750 or more, shall, within 10 days after the accident, forward a written report of the accident to the Department. Whenever damage occurs to a motor vehicle, the operator shall attach to the accident report an estimate of repairs or a statement of the total loss from an established repair garage, an insurance adjuster employed by an insurer licensed to do business in this State, an adjuster licensed pursuant to chapter 684A of NRS or an appraiser licensed pursuant to chapter 684B of NRS. The Department may require the driver or owner of the vehicle to file supplemental written reports whenever the original report is insufficient in the opinion of the Department.
2. A report is not required from any person if the accident was investigated by a law enforcement agency and the report of the investigating officer contains:
(a) The name and address of the insurance company providing coverage to each person involved in the accident;
(b) The number of each policy; and
(c) The dates on which the coverage begins and ends.
3. The driver of a vehicle subject to the jurisdiction of the Surface Transportation Board or the Nevada Transportation Authority need not submit in his report the information requested pursuant to subsection 3 of NRS 484.247 until the 10th day of the month following the month in which the accident occurred.
4. A written accident report is not required pursuant to this chapter from any person who is physically incapable of making a report, during the period of his incapacity. Whenever the driver is physically incapable of making a written report of an accident as required in this section and he is not the owner of the vehicle, the owner shall within 10 days after knowledge of the accident make the report not made by the driver.
5. All written reports required in this section to be forwarded to the Department by drivers or owners of vehicles involved in accidents are without prejudice to the person so reporting and are for the confidential use of the Department or other state agencies having use of the records for accident prevention, except as otherwise provided in NRS 239.0115 and except that the Department may disclose to a person involved in an accident or to his insurer the identity of another person involved in the accident when his identity is not otherwise known or when he denies his presence at the accident. The Department may also disclose the name of his insurer and the number of his policy.
6. A written report forwarded pursuant to the provisions of this section may not be used as evidence in any trial, civil or criminal, arising out of an accident except that the Department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Department in compliance with law, and, if the report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. The report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484.236.
(Added to NRS by 1969, 1484; A 1981, 1126, 1865; 1983, 1067; 1985, 1174, 1943; 1995, 2732; 1997, 1620, 2008; 2007, 2117)
NRS 484.236 Failure to report; false report; penalties.
1. If a person willfully fails, refuses or neglects to make a report of an accident in accordance with the provisions of this chapter, his driving privilege may be suspended. Suspension action taken under this section remains in effect for 1 year unless terminated by receipt of the report of the accident or upon receipt of evidence that failure to report was not willful.
2. Any person who gives information in oral or written reports as required in this chapter, knowing or having reason to believe that such information is false, is guilty of a gross misdemeanor.
(Added to NRS by 1969, 1484; A 1981, 1127)
NRS 484.238 State Registrar of Vital Statistics to report death to Department. The State Registrar of Vital Statistics shall on or before the 10th day of each month report in writing to the Department the death of any person resulting from a vehicle accident, giving the time and place of accident and the circumstances relating thereto.
(Added to NRS by 1969, 1484; A 1985, 1944)
NRS 484.241 Garage or repair shop to maintain record of repairs made to vehicle involved in accident. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident and which is repaired in that garage or repair shop shall maintain for 2 years a record of those repairs including the:
1. Registration number of the vehicle;
2. Vehicle identification number;
3. Color of the vehicle before the repairs;
4. Location on the vehicle of the damage repaired;
5. Total amount of the damage; and
6. Name and address of the person who requested the repairs.
(Added to NRS by 1969, 1484; A 1975, 142; 1987, 685)
NRS 484.243 Police to report to Department; report not confidential.
1. Every police officer who investigates a vehicle accident of which a report must be made as required in this chapter, or who otherwise prepares a written report as a result of an investigation either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, shall forward a written report of the accident to the Department within 10 days after his investigation of the accident.
2. The written reports required to be forwarded by police officers and the information contained therein are not privileged or confidential.
3. Every sheriff, chief of police or office of the Nevada Highway Patrol receiving any report required under NRS 484.223 to 484.238, inclusive, shall immediately prepare a copy thereof and file the copy with the Department.
(Added to NRS by 1969, 1485; A 1985, 1945; 1987, 685)
NRS 484.247 Forms for report of accident.
1. The Department shall prepare and upon request supply to police departments, sheriffs and other appropriate agencies or persons forms for written accident reports as required in this chapter, suitable with respect to the persons required to make the reports and the purposes to be served. The forms must be designed to call for sufficiently detailed information to disclose with reference to an accident the cause, conditions then existing, the persons and vehicles involved, the name and address of the insurance company, the number of the policy providing coverage and the dates on which the coverage begins and ends.
2. The form prepared for a report to be made by persons pursuant to NRS 484.229 must call for such information as is required by the Department to enable it to determine whether the requirements for the deposit of security under chapter 485 of NRS are inapplicable. The Department may rely upon the accuracy of information supplied by a driver or owner on the form unless it has reason to believe that the information is erroneous.
3. Every accident report required to be made in writing must be made on the appropriate form approved by the Department and must contain all the information required therein unless it is not available.
(Added to NRS by 1969, 1485; A 1981, 1127; 1985, 1175, 1945; 1999, 3578)
NRS 484.249 Department to tabulate and analyze reports. The Department shall tabulate and analyze all accident reports received in compliance with this chapter and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of vehicle accidents.
(Added to NRS by 1969, 1485; A 1985, 1945)
RULES OF THE ROAD
General Duties of Drivers; Applicability and Effect of Traffic Laws
NRS 484.253 Obedience to police officer. It is unlawful for any person willfully to fail or refuse to comply with any lawful order or direction of any police officer while he is performing his duties in the enforcement of this chapter.
(Added to NRS by 1969, 1482; A 1973, 282)
NRS 484.254 Obedience to signal of authorized flagman; prosecution of violations; penalties.
1. It is unlawful for a driver of a vehicle to fail or refuse to comply with any signal of an authorized flagman serving in a traffic control capacity in a clearly marked area of highway construction or maintenance.
2. A district attorney shall prosecute all violations of subsection 1 which occur in his jurisdiction and which result in injury to any person performing highway construction or maintenance unless the district attorney has good cause for not prosecuting the violation. In addition to any other penalty, if a driver violates any provision of subsection 1 and the violation results in injury to any person performing highway construction or maintenance, or in damage to property in an amount of not less than $1,000, the driver shall be punished by a fine of not less than $1,000 or more than $2,000, and ordered to perform 120 hours of community service.
3. A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484.3667.
4. As used in this section, “authorized flagman serving in a traffic control capacity” means:
(a) An employee of the Department of Transportation or of a contractor performing highway construction or maintenance for the Department of Transportation while he is carrying out the duties of his employment;
(b) An employee of any other governmental entity or of a contractor performing highway construction or maintenance for the governmental entity while he is carrying out the duties of his employment; or
(c) Any other person employed by a private entity performing highway construction or maintenance while he is carrying out the duties of his employment if the person has satisfactorily completed training as a flagman approved or recognized by the Department of Transportation.
(Added to NRS by 1975, 1024; A 1979, 1801; 2003, 3236)
NRS 484.257 Rights and duties of person riding animal or driving vehicle drawn by animal. Every person riding an animal or driving any animal-drawn vehicle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except those provisions which by their nature can have no application.
(Added to NRS by 1969, 1482)
NRS 484.259 Applicability of chapter to person, motor vehicle or other equipment engaged in work upon highway.
1. Except for the provisions of NRS 484.379 to 484.3947, inclusive, and any provisions made applicable by specific statute, the provisions of this chapter do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway.
2. The provisions of this chapter apply to the persons, teams, motor vehicles and other equipment described in subsection 1 when traveling to or from such work.
(Added to NRS by 1969, 1482; A 1973, 1323; 1983, 1068; 1999, 3415; 2005, 139)
NRS 484.261 Privileges granted to driver of authorized emergency vehicle, official vehicle of regulatory agency or vehicle escorting funeral procession; application of privileges; limitation of privileges.
1. The driver of an authorized emergency vehicle or an official vehicle of a regulatory agency, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, or a vehicle escorting a funeral procession, may:
(a) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
(b) Exceed any speed limits so long as he does not endanger life or property, except that a vehicle escorting a funeral procession may not exceed the speed limit by more than 15 miles per hour to overtake the procession and direct traffic at the next intersection.
(c) Disregard regulations governing direction of movement or turning in specified directions. The driver of a vehicle escorting a funeral procession may direct the movements of the vehicles in the procession in a similar manner and may direct the movements of other vehicles.
2. The privileges granted in subsection 1 apply only when the vehicle is making use of:
(a) Audible and visual signals; or
(b) Visual signals only,
Ê as required by law.
3. The driver of an authorized emergency vehicle or an official vehicle of a regulatory agency may park or stand without regard to the provisions of this chapter if he makes use of a warning lamp.
4. The provisions of this section do not relieve the driver from the duty to drive with due regard for the safety of all persons and do not protect the driver from the consequences of his reckless disregard for the safety of others.
(Added to NRS by 1969, 1506; A 1985, 25, 944, 1040; 2001, 740)
NRS 484.262 Rental agency not liable for traffic violation by user of rented vehicle. No automobile rental agency shall be liable for any traffic violation arising out of the use of a leased or rented motor vehicle during the period such motor vehicle is not in the possession of the agency. This section does not absolve any such agency from liability for any misdemeanor committed by an officer, employee or agent of the agency.
(Added to NRS by 1973, 1160)
Traffic Signs, Signals and Markings
NRS 484.278 Obedience to devices for control of traffic; placement of devices; additional penalty for violation committed in work zone.
1. It is unlawful for any driver to disobey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer.
2. No provision of this chapter for which such devices are required may be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular provision of this chapter does not state that such devices are required, the provision is effective even though no devices are erected or in place.
3. Whenever devices are placed in position approximately conforming to the requirements of this chapter, such devices are presumed to have been so placed by the official act or direction of a public authority, unless the contrary is established by competent evidence.
4. Any device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices is presumed to comply with the requirements of this chapter unless the contrary is established by competent evidence.
5. A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1489; A 2003, 3237)
NRS 484.283 Traffic controlled by official traffic-control devices exhibiting different colored lights: Rights and duties of vehicular traffic and pedestrians depending upon particular signal displayed; signals placed over individual lanes; certain restrictions upon local authorities.
1. Whenever traffic is controlled by official traffic-control devices exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the manual and specifications adopted by the Department of Transportation, only the colors green, yellow and red may be used, except for special pedestrian-control devices carrying a word legend as provided in NRS 484.325. The lights, arrows and combinations thereof indicate and apply to drivers of vehicles and pedestrians as provided in this section.
2. When the signal is circular green alone:
(a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless another device at the place prohibits either or both such turns. Such vehicular traffic, including vehicles turning right or left, must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.
3. Where the signal is circular green with a green turn arrow:
(a) Vehicular traffic facing the signal may proceed to make the movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but the traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time the signal is exhibited. Drivers turning in the direction of the arrow when displayed with the circular green are thereby advised that so long as a turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.
(b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.
4. Where the signal is a green turn arrow alone:
(a) Vehicular traffic facing the signal may proceed only in the direction indicated by the arrow signal so long as the arrow is illuminated, but the traffic must yield the right-of-way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection.
(b) Pedestrians facing such a signal shall not enter the highway until permitted to proceed by another device as provided in NRS 484.325.
5. Where the signal is a green straight-through arrow alone:
(a) Vehicular traffic facing the signal may proceed straight through, but must not turn right or left. Such vehicular traffic must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the highway within the appropriate marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.
6. Where the signal is a steady yellow signal alone:
(a) Vehicular traffic facing the signal is thereby warned that the related green movement is being terminated or that a steady red indication will be exhibited immediately thereafter, and such vehicular traffic must not enter the intersection when the red signal is exhibited.
(b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in NRS 484.325, are thereby advised that there is insufficient time to cross the highway.
7. Where the signal is a steady red signal alone:
(a) Vehicular traffic facing the signal must stop before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicates where the stop must be made, or in the absence of any such crosswalk, sign or marking, then before entering the intersection, and, except as provided in paragraph (c), must remain stopped or standing until the green signal is shown.
(b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484.325.
(c) After complying with the requirement to stop, vehicular traffic facing such a signal and situated on the extreme right of the highway may proceed into the intersection for a right turn only when the intersecting highway is two-directional or one-way to the right, or vehicular traffic facing such a signal and situated on the extreme left of a one-way highway may proceed into the intersection for a left turn only when the intersecting highway is one-way to the left, but must yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection.
(d) Vehicular traffic facing the signal may not proceed on or through any private or public property to enter the intersecting street where traffic is not facing a red signal to avoid the red signal.
8. Where the signal is a steady red with a green turn arrow:
(a) Vehicular traffic facing the signal may enter the intersection only to make the movement indicated by the green turn arrow, but must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Drivers turning in the direction of the arrow are thereby advised that so long as the turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.
(b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484.325.
9. If a signal is erected and maintained at a place other than an intersection, the provisions of this section are applicable except as to those provisions which by their nature can have no application. Any stop required must be made at a sign or pavement marking indicating where the stop must be made, but in the absence of any such device the stop must be made at the signal.
10. Whenever signals are placed over the individual lanes of a highway, the signals indicate, and apply to drivers of vehicles, as follows:
(a) A downward-pointing green arrow means that a driver facing the signal may drive in any lane over which the green signal is shown.
(b) A red “X” symbol means a driver facing the signal must not enter or drive in any lane over which the red signal is shown.
11. A local authority shall not adopt an ordinance or regulation or take any other action that prohibits vehicular traffic from crossing an intersection when:
(a) The red signal is exhibited; and
(b) The vehicular traffic in question had already completely entered the intersection before the red signal was exhibited. For the purposes of this paragraph, a vehicle shall be considered to have “completely entered” an intersection when all portions of the vehicle have crossed the limit line or other point of demarcation behind which vehicular traffic must stop when a red signal is displayed.
(Added to NRS by 1969, 1490; A 1973, 1323; 1979, 1802; 1981, 864; 2007, 665)
NRS 484.285 Flashing signals. Whenever an illuminated flashing red or yellow signal is used in conjunction with an official traffic-control device, it shall require obedience by vehicular traffic as follows:
1. When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk in an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a required stop.
2. When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed past such signal and through the intersection or other hazardous location only with caution.
(Added to NRS by 1969, 1492)
NRS 484.287 Display of unauthorized signs, signals or markings; removal as public nuisance; exceptions; use of advertising revenues to repay bonds.
1. It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in subsection 4, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or 373.1183, or on monorail stations.
2. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.
3. This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.
4. A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.
5. If a franchisee receives revenues from commercial advertising authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.
6. As used in this section, “monorail station” means:
(a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and
(b) Any facilities or appurtenances within such a structure.
(Added to NRS by 1969, 1492; A 1989, 996; 1999, 1261; 2001, 848; 2003, 3237; 2005, 2315)
NRS 484.289 Interference with official device for control of traffic or sign or signal for railroad prohibited; additional penalty for violation committed in work zone.
1. A person shall not, without lawful authority, attempt to or alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insigne thereon, or any other part thereof.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1492; A 2003, 3238)
NRS 484.2895 Devices and mechanisms capable of interfering with or altering signal of traffic-control signal: General prohibition against operating and selling; seizure by police; presence in or on vehicle as prima facie evidence of violation; penalty; exceptions for providers of mass transit and response agencies.
1. Except as otherwise provided in this section:
(a) A person shall not operate a vehicle on the highways of this State if the vehicle is equipped with any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal.
(b) A person shall not operate any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal.
2. Except as otherwise provided in this subsection, a person shall not in this State sell or offer for sale any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal. The provisions of this subsection do not prohibit a person from selling or offering for sale:
(a) To a provider of mass transit, a signal prioritization device; or
(b) To a response agency, a signal preemption device or a signal prioritization device, or both.
3. A police officer:
(a) Shall, without a warrant, seize any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal; or
(b) May, without a warrant, seize and take possession of a vehicle equipped with any device or mechanism that is capable of interfering with or altering the signal of a traffic-control signal, including, without limitation, a mobile transmitter, if the device or mechanism cannot be removed from the motor vehicle by the police officer, and may cause the vehicle to be towed and impounded until:
(1) The device or mechanism is removed from the vehicle; and
(2) The owner claims the vehicle by paying the cost of the towing and impoundment.
4. Neither the police officer nor the governmental entity which employs him is civilly liable for any damage to a vehicle seized pursuant to the provisions of paragraph (b) of subsection 3 that occurs after the vehicle is seized but before the towing process begins.
5. Except as otherwise provided in subsection 8, the presence of any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal in or on a vehicle on the highways of this State constitutes prima facie evidence of a violation of this section. The State need not prove that the device or mechanism in question was in an operative condition or being operated.
6. A person who violates the provisions of subsection 1 or 2 is guilty of a misdemeanor.
7. A provider of mass transit shall not operate or cause to be operated a signal prioritization device in such a manner as to impede or interfere with the use by response agencies of signal preemption devices.
8. The provisions of this section do not:
(a) Except as otherwise provided in subsection 7, prohibit a provider of mass transit from acquiring, possessing or operating a signal prioritization device.
(b) Prohibit a response agency from acquiring, possessing or operating a signal preemption device or a signal prioritization device, or both.
9. As used in this section:
(a) “Mobile transmitter” means a device or mechanism that is:
(1) Portable, installed within a vehicle or capable of being installed within a vehicle; and
(2) Designed to affect or alter, through the emission or transmission of sound, infrared light, strobe light or any other audible, visual or electronic method, the normal operation of a traffic-control signal.
Ê The term includes, without limitation, a signal preemption device and a signal prioritization device.
(b) “Provider of mass transit” means a governmental entity or a contractor of a governmental entity which operates, in whole or in part:
(1) A public transit system, as that term is defined in NRS 377A.016; or
(2) A system of public transportation referred to in NRS 373.1165.
(c) “Response agency” means an agency of this State or of a political subdivision of this State that provides services related to law enforcement, firefighting, emergency medical care or public safety. The term includes a nonprofit organization or private company that, as authorized pursuant to chapter 450B of NRS:
(1) Provides ambulance service; or
(2) Provides intermediate or advanced medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility.
(d) “Signal preemption device” means a mobile transmitter that, when activated and when a vehicle equipped with such a device approaches an intersection controlled by a traffic-control signal, causes:
(1) The signal, in the direction of travel of the vehicle, to remain green if the signal is already displaying a green light;
(2) The signal, in the direction of travel of the vehicle, to change from red to green if the signal is displaying a red light;
(3) The signal, in other directions of travel, to remain red or change to red, as applicable, to prevent other vehicles from entering the intersection; and
(4) The applicable functions described in subparagraphs (1), (2) and (3) to continue until such time as the vehicle equipped with the device is clear of the intersection.
(e) “Signal prioritization device” means a mobile transmitter that, when activated and when a vehicle equipped with such a device approaches an intersection controlled by a traffic-control signal, causes:
(1) The signal, in the direction of travel of the vehicle, to display a green light a few seconds sooner than the green light would otherwise be displayed;
(2) The signal, in the direction of travel of the vehicle, to display a green light for a few seconds longer than the green light would otherwise be displayed; or
(3) The functions described in both subparagraphs (1) and (2).
(f) “Traffic-control signal” means a traffic-control signal, as defined in NRS 484.205, which is capable of receiving and responding to an emission or transmission from a mobile transmitter.
(Added to NRS by 2005, 936)
Driving on Right Side of Highway; Overtaking and Passing; Use of Highway
NRS 484.291 Driving on right half of highway required; exceptions; additional penalty for violation committed in work zone.
1. Upon all highways of sufficient width a vehicle must be driven upon the right half of the highway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the laws governing such movements;
(b) When the right half of the highway is closed to traffic;
(c) Upon a highway divided into three lanes for traffic under the laws applicable thereon;
(d) Upon a highway designated and posted for one-way traffic; or
(e) When the highway is not of sufficient width.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1498; A 2003, 3238)
NRS 484.293 Duties of drivers passing vehicles proceeding in opposite directions; additional penalty for violation committed in work zone.
1. Drivers of vehicles proceeding in opposite directions shall pass each other keeping to the right, and upon highways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the paved portion of the highway as nearly as possible.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1499; A 2003, 3238)
NRS 484.295 Overtaking vehicle on left side: Duties of drivers of overtaking and overtaken vehicle; additional penalty for violation committed in work zone.
1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle.
2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle upon observing the overtaking vehicle or hearing a signal. The driver of an overtaken vehicle shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1499; A 1973, 1325; 2003, 3239)
NRS 484.297 When overtaking on right side allowed; additional penalty for violation committed in work zone.
1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the driver of the vehicle overtaken is making or signaling to make a left turn.
(b) Upon a highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction.
(c) Upon any highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.
3. The driver of a vehicle shall not overtake and pass another vehicle upon the right when such movement requires driving off the paved portion of the highway.
4. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1499; A 2003, 3239)
NRS 484.299 Limitations on overtaking on left side; additional penalty for violation committed in work zone.
1. A vehicle must not be driven to the left side of the center of a two-lane, two-directional highway and overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
2. A vehicle must not be driven to the left side of the highway at any time:
(a) When approaching the crest of a grade or upon a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.
(b) When approaching within 100 feet or traversing any intersection or railroad grade crossing.
(c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
3. Subsection 2 does not apply upon a one-way highway.
4. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1499; A 2003, 3239)
NRS 484.301 Zones in which overtaking on left side or making left-hand turn prohibited; exceptions; additional penalty for violation committed in work zone.
1. The Department of Transportation with respect to highways constructed under the authority of chapter 408 of NRS, and local authorities with respect to highways under their jurisdiction, may determine those zones of highways where overtaking and passing to the left or making a left-hand turn would be hazardous, and may by the erection of official traffic-control devices indicate such zones. When such devices are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.
2. Except as otherwise provided in subsections 3 and 4, a driver shall not drive on the left side of the highway within such zone or drive across or on the left side of any pavement striping designed to mark such zone throughout its length.
3. A driver may drive across a pavement striping marking such zone to an adjoining highway if he has first given the appropriate turn signal and there will be no impediment to oncoming or following traffic.
4. Except where otherwise provided, a driver may drive across a pavement striping marking such a zone to make a left-hand turn if he has first given the appropriate turn signal in compliance with NRS 484.343, if it is safe and if it would not be an impediment to oncoming or following traffic.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1489; A 1973, 1325; 1979, 1804; 2003, 3240)
NRS 484.303 One-way highway; rotary traffic island.
1. Upon a highway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.
2. A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
(Added to NRS by 1969, 1500)
NRS 484.305 Driving on highway having multiple marked lanes for traffic; additional penalty for violation committed in work zone.
1. If a highway has two or more clearly marked lanes for traffic traveling in one direction, vehicles must:
(a) Be driven as nearly as practicable entirely within a single lane; and
(b) Not be moved from that lane until the driver has given the appropriate turn signal and ascertained that such movement can be made with safety.
2. Upon a highway which has been divided into three clearly marked lanes, a vehicle must not be driven in the extreme left lane at any time. A vehicle on such a highway must not be driven in the center lane except:
(a) When overtaking and passing another vehicle where the highway is clearly visible and the center lane is clear of traffic for a safe distance;
(b) In preparation for a left turn; or
(c) When the center lane is allocated exclusively to traffic moving in the direction in which the vehicle is proceeding and a sign is posted to give notice of such allocation.
3. If a highway has been designed to provide a single center lane to be used only for turning by traffic moving in both directions, the following rules apply:
(a) A vehicle may be driven in the center turn lane only for the purpose of making a left-hand turn onto or from the highway.
(b) A vehicle must not travel more than 200 feet in a center turn lane before making a left-hand turn from the highway.
(c) A vehicle must not travel more than 50 feet in a center turn lane after making a left-hand turn onto the highway before merging with traffic.
4. If a highway has been designed to provide a single right lane to be used only for turning, a vehicle must:
(a) Be driven in the right turn lane only for the purpose of making a right turn; and
(b) While being driven in the right turn lane, not travel through an intersection.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1500; A 1973, 1326; 1999, 1664; 2003, 3240; 2005, 309)
NRS 484.307 Following too closely.
1. The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
2. The driver of any truck or combination of vehicles 80 inches or more in overall width, which is following a truck, or combination of vehicles 80 inches or more in overall width, shall, whenever conditions permit, leave a space of 500 feet so that an overtaking vehicle may enter and occupy such space without danger, but this shall not prevent a truck or combination of vehicles from overtaking and passing any vehicle or combination of vehicles. This subsection does not apply to any vehicle or combination of vehicles while moving on a highway on which there are two or more lanes available for traffic moving in the same direction.
3. Motor vehicles being driven upon any highway outside of a business district in a caravan or motorcade, whether or not towing other vehicles, shall be operated to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle or combination of vehicles to enter and occupy such space without danger.
(Added to NRS by 1969, 1489)
NRS 484.309 Driving on divided highway: Prohibited turns; additional penalty for violation committed in work zone.
1. Every vehicle driven upon a divided highway must be driven only upon the right-hand roadway and must not be driven over, across or within any dividing space, barrier or section or make any left turn, semicircular turn or U-turn, except through an opening in the barrier or dividing section or space or at a crossover or intersection established by a public authority.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1500; A 1973, 449; 2003, 3241)
NRS 484.311 Restricted access onto or from controlled-access highway; additional penalty for violation committed in work zone.
1. When official traffic-control devices are erected giving notice thereof, a person shall not drive a vehicle onto or from any controlled-access highway except at those entrances and exits which are indicated by such devices.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1500; A 2003, 3241)
NRS 484.312 Carpool lanes: Authority of Department of Transportation to designate; duties of Department; prohibited use; penalty; regulations.
1. The Department of Transportation, with respect to highways under its jurisdiction, may designate a lane on a highway for the preferential or exclusive use of high-occupancy vehicles.
2. The Department of Transportation shall, for each lane that it designates pursuant to this section for the use of high-occupancy vehicles:
(a) Determine the conditions for use of the lane, including, without limitation:
(1) The number of occupants required per vehicle; and
(2) The hours of the day that the use of the lane is restricted.
(b) Place and maintain signs and other official traffic-control devices that:
(1) Identify the lane as designated for the use of high-occupancy vehicles; and
(2) Advise operators of vehicles of the required conditions for the use of the lane.
3. A person shall not operate a vehicle in a lane designated for the use of high-occupancy vehicles except in conformity with the established conditions which are placed and maintained on signs and other official traffic-control devices pursuant to subsection 2 or established by regulation.
4. A person who violates subsection 3 is guilty of a misdemeanor and shall be fined $250 for each offense.
5. The Department of Transportation may adopt regulations necessary to carry out the provisions of this section.
6. As used in this section, “high-occupancy vehicle” means:
(a) A vehicle that is transporting more than one person;
(b) A motorcycle, regardless of the number of passengers;
(c) A bus, regardless of the number of passengers; and
(d) Any other vehicle designated by regulation.
(Added to NRS by 2005, 72)
NRS 484.3125 Heavy-vehicle lanes: Authority of Department of Transportation to erect advisory signs on controlled-access facilities.
1. The Department of Transportation may erect advisory signs at reasonable intervals on any controlled-access facility within its jurisdiction which has three or more lanes for traffic traveling in one direction to advise operators of vehicles with a declared gross weight in excess of 26,000 pounds in which lanes they should travel.
2. As used in this section, “controlled-access facility” means a highway or street especially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement, or only a controlled right or easement of access, light, air or view, by reason of the fact that their property abuts upon the controlled-access facility or for any other reason.
(Added to NRS by 2007, 241)
NRS 484.313 Restrictions on use of controlled-access highway; penalty.
1. The Department of Transportation or a local authority, after considering the advice of the Nevada Bicycle Advisory Board, may with respect to any controlled-access highway under its jurisdiction:
(a) Require a permit for the use of the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle; or
(b) If it determines that the use of the highway for such a purpose would not be safe, prohibit the use of the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle.
2. Any person who violates any prohibition or restriction enacted pursuant to subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1969, 1500; A 1979, 1804; 1987, 1103; 1991, 2229)
Right-of-Way
NRS 484.315 Vehicle approaching or entering intersection.
1. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
2. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
3. When two vehicles enter an intersection at approximately the same time, one vehicle traveling on a highway which ends at the intersection and the other vehicle traveling on a through highway, the driver of the vehicle on the highway which ends at the intersection shall yield the right-of-way to the other vehicle.
4. When a vehicle enters an intersection controlled by a traffic-control signal which is installed and has its vehicular signals uncovered, but is inoperative at the time the vehicle enters the intersection, the driver of the vehicle shall proceed as if a stop sign had been erected at each entrance to the intersection and shall stop at a clearly marked stop line or, if there is none, before entering the crosswalk on the near side of the intersection or, if there is none, at the point nearest the intersection where the driver has a view of approaching traffic on the through highway. After making such a stop, the driver shall proceed cautiously, yielding to vehicles which have previously completed a stop or are within the intersection.
5. Except as otherwise provided in subsection 4, this section does not apply at intersections controlled by official traffic-control devices or to vehicles approaching each other from opposite directions, when the driver of one of the vehicles is intending to or is making a left turn.
(Added to NRS by 1969, 1497; A 1981, 866; 1993, 33)
NRS 484.317 Vehicle turning left. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but such driver, having so yielded and having given a signal when and as required, may make such left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.
(Added to NRS by 1969, 1497; A 1973, 1326)
NRS 484.319 Vehicle entering intersection marked stop or yield. Except when traffic is being controlled by a police officer or a traffic-control signal:
1. When proper signs have been erected, the driver of a vehicle shall stop or yield at a clearly marked stop line or, if there is none, before entering the crosswalk on the near side of the intersection or, if there is none, then at the point nearest the intersection where the driver has a view of approaching traffic on the through highway. After having stopped or, in the event of a yield sign, slowed or stopped, the driver shall yield the right-of-way to other vehicles which have entered the intersection from such through highway or which are approaching so closely on such through highway as to constitute an immediate hazard during the time such driver is moving across or within the intersection.
2. The driver of a vehicle shall stop in obedience to a stop sign or yield in compliance with a yield sign, in compliance with the manner prescribed in subsection 1, prior to entering an intersection if a stop sign or a yield sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obligated to stop or yield and which are within the intersection or approaching so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.
(Added to NRS by 1969, 1496; A 1973, 1326)
NRS 484.321 Vehicle entering highway from private way. The driver of a vehicle about to enter or cross a highway from a private way shall yield the right-of-way to all vehicles approaching on such highway.
(Added to NRS by 1969, 1497)
NRS 484.322 Vehicle entering or exiting controlled-access highway: Duty to yield right-of-way. The driver of a vehicle about to enter or exit a controlled-access highway shall yield the right-of-way to all vehicles approaching on the highway whose proximity constitutes an immediate hazard and shall continue to yield the right-of-way to that traffic until the driver may proceed with reasonable safety.
(Added to NRS by 1981, 863; A 1993, 1445; 2003, 350)
NRS 484.323 Operation of vehicle on approach of authorized emergency vehicle or official vehicle of regulatory agency. Upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency, making use of flashing lights meeting the requirements of subsection 3 of NRS 484.787, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or official vehicle has passed, except when otherwise directed by a police officer.
(Added to NRS by 1969, 1495; A 1985, 26; 1993, 1445; 1995, 577)
NRS 484.324 Vehicles and bicycles.
1. The driver of a motor vehicle shall not:
(a) Intentionally interfere with the movement of a person lawfully riding a bicycle; or
(b) Overtake and pass a person riding a bicycle unless he can do so safely without endangering the person riding the bicycle.
2. The driver of a motor vehicle shall yield the right-of-way to any person riding a bicycle on the pathway or lane. The driver of a motor vehicle shall not enter, stop, stand, park or drive within a pathway or lane provided for bicycles except:
(a) When entering or exiting an alley or driveway;
(b) When operating or parking a disabled vehicle;
(c) To avoid conflict with other traffic;
(d) In the performance of official duties;
(e) In compliance with the directions of a police officer; or
(f ) In an emergency.
3. Except as otherwise provided in subsection 2, the driver of a motor vehicle shall not enter or proceed through an intersection while driving within a pathway or lane provided for bicycles.
4. The driver of a motor vehicle shall:
(a) Exercise due care to avoid a collision with a person riding a bicycle; and
(b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision.
5. The operator of a bicycle shall not:
(a) Intentionally interfere with the movement of a motor vehicle; or
(b) Overtake and pass a motor vehicle unless he can do so safely without endangering himself or the occupants of the motor vehicle.
(Added to NRS by 1991, 2228; A 1997, 739; 1999, 1664)
Pedestrians
NRS 484.3245 Duties of driver of motor vehicle to pedestrian. A driver of a motor vehicle shall:
1. Exercise due care to avoid a collision with a pedestrian;
2. Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision; and
3. Exercise proper caution upon observing a pedestrian on or near a highway, street or road or in or near a school crossing zone marked in accordance with NRS 484.366 or a marked or unmarked crosswalk.
(Added to NRS by 1997, 739)
NRS 484.325 Right-of-way in crosswalk; obedience to signals and other devices for control of traffic. Except as otherwise provided in NRS 484.327, 484.328 and 484.356:
1. When official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.
2. A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
3. Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.
4. Whenever signals exhibiting the words “Walk” or “Don’t Walk” are in place, such signals indicate as follows:
(a) While the “Walk” indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.
(b) While the “Don’t Walk” indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed his crossing during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided.
(c) Whenever the word “Wait” still appears in a signal, the indication has the same meaning as assigned in this section to the “Don’t Walk” indication.
(d) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484.283.
(Added to NRS by 1969, 1492; A 1981, 669, 1918; 2003, 364)
NRS 484.327 Crossing other than at crosswalk. Except as provided in NRS 484.328:
1. Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.
2. Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.
3. Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.
4. A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.
5. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
(Added to NRS by 1969, 1493; A 1981, 670, 1919)
NRS 484.328 Right-of-way of person who is blind; penalty.
1. A person who is blind and who is on foot and using a service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road of this State. Any driver of a vehicle who approaches or encounters such a person shall yield the right-of-way, come to a full stop, if necessary, and take precautions before proceeding to avoid accident or injury to the person.
2. Any person who violates subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.
(Added to NRS by 1981, 669; A 1995, 1993; 2005, 631)
NRS 484.329 Use of right half of crosswalk. Pedestrians shall move whenever practicable upon the right half of crosswalks.
(Added to NRS by 1969, 1493)
NRS 484.331 Walking along and upon highways; solicitation of ride, business or contribution from driver or occupant of vehicle; presence of intoxicated pedestrian within traveled portion of highway; applicability to riders of animals; criminal penalty.
1. Where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon an adjacent highway.
2. Pedestrians walking along highways where sidewalks are not provided shall walk on the left side of those highways facing the approaching traffic.
3. A person shall not stand in a highway to solicit a ride or any business from the driver or any occupant of a vehicle. A person shall not, without a permit issued pursuant to NRS 244.3555 or 268.423, solicit any contribution from the driver or any occupant of a vehicle.
4. It is unlawful for any pedestrian who is under the influence of intoxicating liquors or any narcotic or stupefying drug to be within the traveled portion of any highway.
5. The provisions of this section apply to riders of animals, except that the provisions of subsections 1, 2 and 3 do not apply to a peace officer who rides an animal while performing his duties as a peace officer.
6. A person who violates the provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1969, 1493; A 1991, 143; 2001, 997)
Turning and Starting and Signals on Stopping and Turning
NRS 484.333 Required position and method of turning at intersections. If the driver of a vehicle intends to turn at an intersection and:
1. The turn is a right turn, both the approach for the right turn and the right turn must be made from the right turn lane if the highway has a right turn lane as set forth in subsection 4 of NRS 484.305, or must be made from the extreme right lane.
2. Both intersecting highways are two-directional:
(a) The approach for a left turn must be made in that portion of the right half of the highway nearest the centerline thereof;
(b) After entering the intersection, the left turn must be made so as to leave the intersection to the right of the centerline of the highway being entered; and
(c) Except as otherwise directed by official traffic-control devices, simultaneous left turns by opposing traffic must be made in front of each other.
3. The turn is a left turn from a two-directional highway onto a one-way highway, the approach for the left turn must be made in that portion of the right half of the highway nearest the centerline thereof, and the turn must be made by turning from the right of the centerline where it enters the intersection as close as practicable to the left-hand curb of the one-way highway.
4. The turn is a left turn from a one-way highway onto a two-directional highway, the left turn must be made by passing to the right of the centerline of the highway being entered upon leaving the intersection, and the approach for the left turn must be made as close as practicable to the left-hand curb of the one-way highway.
5. The turn is a left turn where both intersecting highways are one-way, both the approach for the left turn and the left turn must be made as close as practicable to the left-hand curb or edge of the highway.
(Added to NRS by 1969, 1497; A 1999, 1665)
NRS 484.335 Disobedience of directions of device for control of traffic unlawful; additional penalty for violation committed in work zone.
1. Whenever official traffic-control devices are erected indicating that no right or left turn is permitted, it is unlawful for any driver of a vehicle to disobey the directions of any such devices.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1498; A 2003, 3241)
NRS 484.337 Allowed and prohibited U-turns; additional penalty for violation committed in work zone.
1. A U-turn may be made on any road where the turn can be made with safety, except as prohibited by this section and by the provisions of NRS 484.309 and 484.339.
2. If an official traffic-control device indicates that a U-turn is prohibited, the driver shall obey the directions of the device.
3. The driver of a vehicle shall not make a U-turn in a business district, except at an intersection or on a divided highway where an appropriate opening or crossing place exists.
4. Notwithstanding the foregoing provisions of this section, local authorities and the Department of Transportation may prohibit U-turns at any location within their respective jurisdictions.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1498; A 1971, 1142; 1991, 247; 2003, 3241)
NRS 484.339 Turning on curve or crest of grade prohibited. A vehicle shall not be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.
(Added to NRS by 1969, 1489)
NRS 484.341 Starting parked vehicle. A person, except when stopping, standing or parking where no parking is permitted, shall not start a vehicle which is stopped, standing or parked on a highway nor enter upon a highway unless and until such movement can be made with safety.
(Added to NRS by 1969, 1498)
NRS 484.343 Movement and signals for turning; signal for stopping or decreasing speed.
1. A driver shall not turn a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety, and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement and after giving an appropriate signal if any other vehicle may be affected by such movement.
2. A signal of intention to turn right or left, or otherwise turn a vehicle from a direct course, shall be given continuously during not less than the last 100 feet traveled in a business or residential district and not less than the last 300 feet traveled in any other area prior to changing the course of a vehicle. This rule shall be observed, regardless of the weather.
3. A driver shall not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear.
(Added to NRS by 1969, 1494; A 1973, 1327)
NRS 484.345 Signal by hand and arm or signal lamp or device. Any signal required by this chapter to be made by a driver when making a turn or a stop must be given either by means of a hand and arm or by a signal lamp or signal device of a type approved by the department, except if a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of the vehicle, the signals must be given by a signal lamp or signal device.
(Added to NRS by 1969, 1498; A 1985, 1946)
NRS 484.347 Methods of giving signals by hand and arm. All signals given by hand and arm shall be given by hand and arm extended beyond the left side of the vehicle in the following manner, and shall indicate the turns that follow:
1. Left turn: Hand and arm extended horizontally.
2. Right turn: Hand and arm extended upward.
3. Stop or decrease speed: Hand and arm extended downward.
4. Reentering lane of traffic from parked position: Hand and arm extended horizontally.
(Added to NRS by 1969, 1498)
Special Stops Required
NRS 484.348 Stop required upon signal of peace officer; manner in which signal must be given; penalties.
1. Except as otherwise provided in this section, the driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring his vehicle to a stop is guilty of a misdemeanor.
2. The signal by the peace officer described in subsection 1 must be by flashing red lamp and siren.
3. Unless the provisions of NRS 484.377 apply if, while violating the provisions of subsection 1, the driver of the motor vehicle:
(a) Is the proximate cause of damage to the property of a person other than himself; or
(b) Operates the motor vehicle in a manner which endangers or is likely to endanger any person other than himself or the property of any person other than himself,
Ê the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
4. If, while violating the provisions of subsection 1, the driver of the motor vehicle is the proximate cause of the death of or bodily harm to any person other than himself, the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.
5. If the driver of the motor vehicle is convicted of a violation of NRS 484.379 or 484.379778 arising out of the same act or transaction as a violation of subsection 1, the driver is guilty of a category D felony and shall be punished as provided in NRS 193.130 for the violation of subsection 1.
(Added to NRS by 1975, 320; A 1979, 1805; 1981, 533; 1983, 1014; 1985, 26; 1989, 1194; 1993, 524; 1995, 1297, 1725; 1997, 547; 2003, 487; 2007, 2728)
NRS 484.349 Obedience to signal indicating approach of railroad train.
1. Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible official traffic-control or railroad device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such railroad and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.
(b) A crossing gate is lowered or when a flagman gives or continues to give a signal of the approach or passage of a railroad train.
(c) A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard.
(d) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
2. A person shall not drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
(Added to NRS by 1969, 1493)
NRS 484.351 Stop required at certain grade crossings of railroad. The Department of Transportation, and local authorities with the approval of the Department of Transportation, may designate dangerous highway grade crossings of railroads and erect official traffic-control devices at such crossings directing a stop. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such a grade crossing and afterward may proceed only upon exercising due care.
(Added to NRS by 1969, 1494; A 1979, 1804)
NRS 484.353 Certain vehicles required to stop at all grade crossings of railroad; exceptions.
1. Except as otherwise provided in this section, the driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying any explosive or flammable liquid as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, and shall not proceed until he can do so safely.
2. After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in a gear of the vehicle that there will be no necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.
3. When stopping is required at a railroad crossing the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the highway is marked for four or more lanes of traffic.
4. No such stop need be made at a railroad crossing:
(a) Where a police officer or official traffic-control device controls the movement of traffic.
(b) Which is marked with a device indicating that the crossing is abandoned.
(c) Which is a streetcar crossing or is used exclusively for industrial switching purposes within an area designated as a business district.
(d) Which is marked with a sign identifying it as an exempt crossing. Signs identifying a crossing as exempt may be erected only:
(1) If the tracks are an industrial or spur line;
(2) By or with the consent of the appropriate state or local authority which has jurisdiction over the road; and
(3) After the State or the local authority has held a public hearing to determine whether the crossing should be designated an exempt crossing.
(Added to NRS by 1969, 1495; A 1979, 1117)
NRS 484.355 Moving heavy equipment at grade crossing of railroad.
1. It is unlawful for any person to operate or move any crawler-type tractor, power shovel, derrick, roller, or any vehicle, equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a highway, upon or across any tracks at a railroad grade crossing without first complying with this section.
2. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
3. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.
(Added to NRS by 1969, 1494)
NRS 484.356 Stop required in obedience to direction or traffic-control signal of school crossing guard; penalty.
1. The driver of a vehicle:
(a) Shall stop in obedience to the direction or traffic-control signal of a school crossing guard; and
(b) Shall not proceed until the highway is clear of all persons, including, without limitation, the school crossing guard.
2. A person who violates any of the provisions of this section is guilty of a misdemeanor.
3. As used in this section, “school crossing guard” means a volunteer or paid employee of a local authority, local law enforcement agency or school district whose duties include assisting pupils to cross a highway.
(Added to NRS by 2003, 364)
NRS 484.357 Overtaking and passing school bus: Duties of driver; exceptions; penalties.
1. Except as otherwise provided in subsection 2, the driver of any vehicle, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped to receive or discharge any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring his vehicle to an immediate stop and shall not attempt to overtake or proceed past the school bus until the flashing red signal ceases operation.
2. The driver of a vehicle upon a divided highway need not stop upon meeting or passing a school bus which is positioned in the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus where traffic is controlled by a traffic officer.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor and:
(a) For a third or any subsequent offense within 2 years after the most recent offense, shall be punished by a fine of not more than $1,000 and his driver’s license must be suspended for not more than 1 year.
(b) For a second offense within 1 year after the first offense, shall be punished by a fine of not less than $250 nor more than $500 and his driver’s license must be suspended for 6 months.
(c) For a first offense or any subsequent offense for which a punishment is not provided for in paragraph (a) or (b), shall be punished by a fine of not less than $250 nor more than $500.
(Added to NRS by 1969, 1506; A 1975, 825; 1991, 276; 1997, 3060; 2007, 15)
NRS 484.358 Report by driver of school bus of violation of NRS 484.357; submission of report to school district and Department; provision of notice to owner of vehicle.
1. The driver of a school bus who observes a violation of NRS 484.357 may prepare a report of the violation. The report must be signed by the driver and include:
(a) The date, time and approximate location of the violation;
(b) The number and state of issuance of the license plate of the vehicle whose driver committed the violation; and
(c) An identification of the vehicle by type and color.
2. The driver of a school bus who prepares a report pursuant to subsection 1 shall, within 2 working days after the violation, send the report to the superintendent of his school district and a copy to the Department, which shall thereupon mail to the last known registered owner of the vehicle a notice containing:
(a) The information included in the report;
(b) The provisions of NRS 484.357; and
(c) An explanation that the notice is not a citation but a warning of the seriousness of the violation.
(Added to NRS by 1997, 3060)
NRS 484.359 Administrative roadblock: Establishment; minimum requirements.
1. The police officers in this State may establish, in their respective jurisdictions, administrative roadblocks upon the highways of this State for any lawful purpose other than identifying the occupants of a vehicle or because of the existence of an emergency.
2. To warn and protect the traveling public, administrative roadblocks established by police officers must meet the following requirements:
(a) The administrative roadblock must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than 100 yards in either direction.
(b) At the point of the administrative roadblock, a sign must be placed near the centerline of the highway displaying the word “Stop” in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards in the direction affected by the roadblock, either in daytime or darkness.
(c) At the same point of the administrative roadblock, at least one red flashing or intermittent light, on and burning, must be placed at the side of the highway, clearly visible to the oncoming traffic at a distance of not less than 100 yards.
(d) At a distance of not less than one-quarter of a mile from the point of the administrative roadblock, warning signs must be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a “police stop” lies ahead. A burning beam light, flare or lantern must be placed near the signs to attract the attention of the traffic to the sign.
(Added to NRS by 1969, 1495; A 1987, 1073)
NRS 484.3591 Temporary roadblock: Establishment; minimum requirements.
1. The police officers in this State may establish, in their respective jurisdictions, or in other jurisdictions within this State, temporary roadblocks upon the highways of this State:
(a) To apprehend persons known to be wanted for violation of the laws of this State, another state or the United States, and using the highways of this State for the purpose of escape; or
(b) To control traffic at or near the scene of a potential or existing emergency or hazard.
2. To warn and protect the traveling public, temporary roadblocks established by police officers must meet the following requirements:
(a) The temporary roadblock must be established at a point on the highway clearly visible at a distance of not less than 100 yards in either direction.
(b) At the point of the temporary roadblock, an authorized emergency vehicle, plainly and clearly marked as such and with its warning lights in operation, must be placed so as to be clearly visible to traffic affected by the roadblock at a distance of not less than 100 yards. When so placed, at least one of the vehicle’s flashing red lights must be visible to approaching traffic at a distance of not less than 100 yards.
(c) At the same point of the temporary roadblock, sufficient cones, reflectors, burning flares or similar devices must be in place to identify the point of the roadblock and direct, as necessary, the path to be followed by a vehicle approaching the roadblock. The devices, when in place, must be clearly visible to traffic affected by the roadblock at a distance of not less than 100 yards.
(d) At a point located not less than 200 yards, but not more than 400 yards, from the point of the temporary roadblock, cones, reflectors, burning flares or similar devices must be placed on both shoulders of the highway and near the centerline of the highway to warn traffic that a condition hazardous to traffic exists in the immediate vicinity.
(Added to NRS by 1987, 1072)
NRS 484.3593 Authority of police officers not limited by provisions relating to roadblocks. The provisions of NRS 484.359 and 484.3591 do not limit the existing authority of police officers in the performance of their duties involving traffic control.
(Added to NRS by 1987, 1073)
NRS 484.3595 Failure to stop at roadblock; penalties.
1. It is unlawful for a person to:
(a) Proceed or travel through an administrative roadblock or a temporary roadblock without subjecting himself to the traffic control established at the roadblock.
(b) Disobey the lawful orders or directions of a police officer at an administrative roadblock or a temporary roadblock.
2. A person who unlawfully proceeds through an administrative roadblock or a temporary roadblock shall be punished:
(a) If he is the direct cause of a death or substantial bodily harm to any person, or damage to property in excess of $1,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) If no death, substantial bodily harm or damage to property in excess of $1,000 occurs, for a gross misdemeanor.
(Added to NRS by 1987, 1073; A 1995, 1298)
Restrictions on Speed
NRS 484.361 Basic rule; additional penalty for violation committed in work zone.
1. It is unlawful for any person to drive or operate a vehicle of any kind or character at:
(a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.
(b) Such a rate of speed as to endanger the life, limb or property of any person.
(c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
(d) In any event, a rate of speed greater than 75 miles per hour.
2. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1486; A 1975, 754; 1987, 656; 1995, 2441, 2442; 2003, 3241)
NRS 484.363 Duty of driver to decrease speed under certain circumstances; additional penalty for violation committed in work zone.
1. The fact that the speed of a vehicle is lower than the prescribed limits does not relieve a driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding highway, or when special hazards exist or may exist with respect to pedestrians or other traffic, or by reason of weather or other highway conditions, and speed must be decreased as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering a highway in compliance with legal requirements and the duty of all persons to use due care.
2. Any person who fails to use due care as required by subsection 1 may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1495; A 2003, 3242)
NRS 484.364 Approach to stopped authorized emergency vehicle making use of flashing lights: Duties of approaching driver; penalty.
1. Upon approaching an authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484.787, the driver of the approaching vehicle shall, in the absence of other direction given by a peace officer:
(a) Decrease the speed of his vehicle to a speed that is:
(1) Reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484.361; and
(2) Less than the posted speed limit, if a speed limit has been posted;
(b) Proceed with caution;
(c) Be prepared to stop; and
(d) If possible, drive in a lane that is not adjacent to the lane in which the emergency vehicle is stopped, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.
2. A person who violates subsection 1 is guilty of a misdemeanor.
(Added to NRS by 2003, 486)
NRS 484.365 School bus: Maximum speed. A school bus shall not exceed a speed of 55 miles per hour when transporting pupils to and from school or any activity which is properly a part of a school program.
(Added to NRS by 1969, 1486; A 1973, 1297; 1977, 407)
NRS 484.366 School zone or school crossing zone: Speed limit; designation; signs; determination of hours in which speed limit is in effect.
1. A person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone except:
(a) On a day on which school is not in session;
(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;
(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or
(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.
2. A person shall not drive a motor vehicle at a speed in excess of 25 miles per hour in an area designated as a school crossing zone except:
(a) On a day on which school is not in session;
(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;
(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or
(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.
3. The governing body of a local government or the Department of Transportation shall designate school zones and school crossing zones. An area must not be designated as a school zone if imposing a speed limit of 15 miles per hour would be unsafe because of higher speed limits in adjoining areas.
4. Each such governing body and the Department shall provide signs to mark the beginning and end of each school zone and school crossing zone which it respectively designates. Each sign marking the beginning of such a zone must include a designation of the hours when the speed limit is in effect or that the speed limit is in effect when children are present.
5. With respect to each school zone and school crossing zone in a school district, the superintendent of the school district or his designee, in conjunction with the Department of Transportation and the governing body of the local government that designated the school zone or school crossing zone and after consulting with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone, shall determine the times when the speed limit is in effect.
6. As used in this section, “speed limit beacon” means a device which is used in conjunction with a sign and equipped with two or more yellow lights that flash alternately to indicate when the speed limit in a school zone or school crossing zone is in effect.
(Added to NRS by 1985, 640; A 1993, 2586; 1999, 2674)
NRS 484.3665 School zone or school crossing zone: Requirements for signs; placement of portable signs.
1. Each permanent sign which designates a school zone or school crossing zone and the speed limit in that zone must be uniform in size and color and must clearly designate the hours during which the speed limit applies.
2. Each portable sign designating a school zone or school crossing zone and the speed limit in the zone must be uniform in size and color. A portable sign may be placed on or beside a roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions.
(Added to NRS by 1985, 640; A 2001, 955; 2003, 365)
NRS 484.3667 Double penalty for certain traffic violations committed in work zones.
1. Except as otherwise provided in subsection 2, a person who is convicted of a violation of a speed limit, or of NRS 484.254, 484.278, 484.289, 484.2895, 484.291 to 484.301, inclusive, 484.305, 484.309, 484.311, 484.335, 484.337, 484.361, 484.363, 484.3765, 484.377, 484.3775, 484.379, 484.379778, 484.448, 484.453 or 484.479, that occurred:
(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, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions,
Ê shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
2. The additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.
3. A governmental entity that designates an area as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted, or the person with whom the governmental entity contracts to provide such service, shall cause to be erected:
(a) A sign located before the beginning of such an area stating “DOUBLE PENALTIES IN WORK ZONES” to indicate a double penalty may be imposed pursuant to this section;
(b) A sign to mark the beginning of the temporary traffic control zone; and
(c) A sign to mark the end of the temporary traffic control zone.
4. A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.
(Added to NRS by 1997, 1481; A 2001 Special Session, 146; 2003, 3242; 2005, 78, 938; 2007, 2794)
NRS 484.367 Speed limit in unincorporated town; additional penalty for violation committed in work zone.
1. Except as otherwise provided in subsection 2 and pursuant to the power granted in NRS 269.185, the town board or board of county commissioners may, by ordinance, limit the speed of motor vehicles in any unincorporated town in the county as may be deemed proper.
2. The Department of Transportation may establish the speed limits for motor vehicles on highways within the boundaries of any unincorporated town which are constructed and maintained under the authority granted by chapter 408 of NRS.
3. A person who violates any speed limit established pursuant to this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1486; A 1979, 1804; 1985, 301; 2003, 3243)
NRS 484.368 Speed limit: Establishment for vehicles on highways constructed and maintained by Department of Transportation; additional penalty for violation committed in work zone.
1. The Department of Transportation may establish the speed limits for motor vehicles on highways which are constructed and maintained by the Department of Transportation under the authority granted to it by chapter 408 of NRS.
2. Except as otherwise provided by federal law, the Department of Transportation may establish a speed limit on such highways not to exceed 75 miles per hour and may establish a lower speed limit:
(a) Where necessary to protect public health and safety.
(b) For trucks, overweight and oversized vehicles, trailers drawn by motor vehicles and buses.
3. A person who violates any speed limit established pursuant to this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1995, 2440; A 1997, 640; 2003, 3243)
NRS 484.3685 Certain violations of speed limit in rural areas: Fines; Department not to record violation on driver’s record; violation not deemed moving traffic violation.
1. Except as otherwise provided in subsection 3, a person driving a motor vehicle during the hours of daylight at a speed in excess of the speed limit posted by a public authority for the portion of highway being traversed shall be punished by a fine of $25 if:
(a) The posted speed limit is 60 miles per hour and the person is not exceeding a speed of 70 miles per hour.
(b) The posted speed limit is 65 miles per hour and the person is not exceeding a speed of 75 miles per hour.
(c) The posted speed limit is 70 miles per hour and the person is not exceeding a speed of 75 miles per hour.
2. A violation of the speed limit under any of the circumstances set forth in subsection 1 must not be recorded by the Department on a driver’s record and shall not be deemed a moving traffic violation.
3. The provisions of this section do not apply to a violation specified in subsection 1 that occurs in a county whose population is 100,000 or more if the portion of highway being traversed is in:
(a) An urban area; or
(b) An area which is adjacent to an urban area and which has been designated by the public authority that established the posted speed limit for the portion of highway being traversed as an area that requires strict observance of the posted speed limit to protect public health and safety.
(Added to NRS by 1997, 2524; A 1999, 572, 1711)
NRS 484.369 Speed zones and signs.
1. The Department of Transportation may prescribe speed zones, and install appropriate speed signs controlling vehicular traffic on the state highway system as established in chapter 408 of NRS through hazardous areas, after necessary studies have been made to determine the need therefor, and to eliminate speed zones and remove the signs therefrom whenever the need therefor ceases to exist.
2. After the establishment of a speed zone and the installation of appropriate signs to control speed, it is unlawful for any person to drive a motor vehicle upon the road and in the speed zone in excess of the speed therein authorized.
(Added to NRS by 1969, 1487; A 1979, 1805; 1985, 641)
NRS 484.371 Slow driving; establishment of minimum speed limit.
1. A person shall not drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
2. Whenever a public authority determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, such authority may establish a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.
3. Such speed limit shall be in effect after the erection of appropriate signs.
(Added to NRS by 1969, 1487)
NRS 484.373 Duties of driver driving motor vehicle at speed so slow as to impede forward movement of traffic; prohibition against stopping vehicle on roadway so as to impede or block normal and reasonable movement of traffic; exception.
1. If any driver drives a motor vehicle at a speed so slow as to impede the forward movement of traffic proceeding immediately behind him, the driver shall:
(a) If the highway has one lane for traveling in each direction and the width of the paved portion permits, drive to the extreme right side of the highway and, if applicable, comply with the provisions of NRS 484.374;
(b) If the highway has two or more clearly marked lanes for traffic traveling in his direction, drive in the extreme right-hand lane except when necessary to pass other slowly moving vehicles; or
(c) If the highway is a controlled-access highway, use alternate routes whenever possible.
2. A person shall not bring a vehicle to a complete stop upon a roadway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.
(Added to NRS by 1969, 1487; A 1983, 822; 1985, 339; 1995, 2441; 2001, 1506)
NRS 484.374 Duty of driver of slow-moving vehicle to turn off roadway; circumstances in which duty arises; criminal penalty.
1. On a highway that has one lane for traveling in each direction, where passing is unsafe because of traffic traveling in the opposite direction or other conditions, the driver of a slow-moving vehicle, behind which five or more vehicles are formed in a line, shall, to allow the vehicles following behind to proceed, turn off the roadway:
(a) At the nearest place designated as a turnout by signs erected by the public authority having jurisdiction over the highway; or
(b) In the absence of such a designated turnout, at the nearest place where:
(1) Sufficient area for a safe turnout exists; and
(2) The circumstances and conditions are such that the driver is able to turn off the roadway in a safe manner.
2. A person who violates subsection 1 is guilty of a misdemeanor.
3. As used in this section, “slow-moving vehicle” means a vehicle that is traveling at a rate of speed which is less than the posted speed limit for the highway or portion of the highway upon which the vehicle is traveling.
(Added to NRS by 2001, 1506)
NRS 484.375 Special limitations on speed.
1. It is unlawful for any person to drive any vehicle equipped with solid rubber or cushion tires at a speed greater than 10 miles per hour.
2. It is unlawful for any person to drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to the bridge or structure, when such structure is signposted as provided in this section.
3. The Department of Transportation upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway constructed and maintained under the authority granted by chapter 408 of NRS, and if it thereupon finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the Department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of 100 feet before each end of such structure.
4. Upon the trial of any person charged with a violation of this section, proof of the determination of the maximum speed by the Department and the existence of such signs constitutes conclusive evidence of the maximum speed which can be maintained with safety to the bridge or structure.
(Added to NRS by 1969, 1487; A 1979, 1805)
Aggressive Driving; Reckless Driving; Vehicular Manslaughter
NRS 484.3765 Aggressive driving: Acts constituting; penalties; additional penalty for violation committed in work zone.
1. A driver commits an offense of aggressive driving if, during any single, continuous period of driving within the course of 1 mile, the driver does all the following, in any sequence:
(a) Commits one or more acts of speeding in violation of NRS 484.361 or 484.366.
(b) Commits two or more of the following acts, in any combination, or commits any of the following acts more than once:
(1) Failing to obey an official traffic-control device in violation of NRS 484.278.
(2) Overtaking and passing another vehicle upon the right by driving off the paved portion of the highway in violation of NRS 484.297.
(3) Improper or unsafe driving upon a highway that has marked lanes for traffic in violation of NRS 484.305.
(4) Following another vehicle too closely in violation of NRS 484.307.
(5) Failing to yield the right-of-way in violation of any provision of NRS 484.315 to 484.323, inclusive.
(c) Creates an immediate hazard, regardless of its duration, to another vehicle or to another person, whether or not the other person is riding in or upon the vehicle of the driver or any other vehicle.
2. A driver may be prosecuted and convicted of an offense of aggressive driving in violation of subsection 1 whether or not the driver is prosecuted or convicted for committing any of the acts described in paragraphs (a) and (b) of subsection 1.
3. A driver who commits an offense of aggressive driving in violation of subsection 1 is guilty of a misdemeanor and:
(a) For the first offense, shall be punished:
(1) By a fine of not less than $250 but not more than $1,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(b) For the second offense, shall be punished:
(1) By a fine of not less than $1,000 but not more than $1,500; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense, shall be punished:
(1) By a fine of not less than $1,500 but not more than $2,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
4. In addition to any other penalty pursuant to subsection 3:
(a) For the first offense within 2 years, the court shall order the driver to attend, at his own expense, a course of traffic safety approved by the Department and may issue an order suspending the driver’s license of the driver for a period of not more than 30 days.
(b) For a second or subsequent offense within 2 years, the court shall issue an order revoking the driver’s license of the driver for a period of 1 year.
5. To determine whether the provisions of paragraph (a) or (b) of subsection 4 apply to one or more offenses of aggressive driving, the court shall use the date on which each offense of aggressive driving was committed.
6. If the driver is already the subject of any other order suspending or revoking his driver’s license, the court shall order the additional period of suspension or revocation, as appropriate, to apply consecutively with the previous order.
7. If the court issues an order suspending or revoking the driver’s license of the driver pursuant to this section, the court shall require the driver to surrender to the court all driver’s licenses then held by the driver. The court shall, within 5 days after issuing the order, forward the driver’s licenses and a copy of the order to the Department.
8. If the driver successfully completes a course of traffic safety ordered pursuant to this section, the Department shall cancel three demerit points from his driving record in accordance with NRS 483.448 or 483.475, as appropriate, unless the driver would not otherwise be entitled to have those demerit points cancelled pursuant to the provisions of that section.
9. This section does not preclude the suspension or revocation of the driver’s license of the driver, or the suspension of the future driving privileges of a person, pursuant to any other provision of law.
10. A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1999, 1385; A 2003, 1243, 3243; 2007, 2729)
NRS 484.377 Reckless driving or organization of unauthorized speed contest: Acts constituting reckless driving; penalties; court to suspend driver’s license of certain offenders; additional penalty for violation committed in work zone.
1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.
(b) Drive a vehicle in an unauthorized speed contest on a public highway.
(c) Organize an unauthorized speed contest on a public highway.
Ê A violation of paragraph (a) or (b) of this subsection or subsection 1 of NRS 484.348 constitutes reckless driving.
2. A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:
(a) For the first offense, shall be punished:
(1) By a fine of not less than $250 but not more than $1,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(b) For the second offense, shall be punished:
(1) By a fine of not less than $1,000 but not more than $1,500; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense, shall be punished:
(1) By a fine of not less than $1,500 but not more than $2,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
3. A person who violates paragraph (b) or (c) of subsection 1 is guilty of a misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $250 but not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
4. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 3, the court:
(a) Shall issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;
(c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and
(d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.
5. Unless a greater penalty is provided pursuant to subsection 4 of NRS 484.348, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.
6. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484.348.
7. As used in this section, “organize” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.
(Added to NRS by 1969, 1486; A 1981, 866; 1983, 1015; 1993, 524; 1995, 1298; 2003, 487, 3244; 2007, 2039)
NRS 484.3775 Vehicular manslaughter; additional penalty for violation committed in work zone; notification to Department of conviction by court; recordation of conviction upon driving record of violator.
1. A person who, while driving or in actual physical control of any vehicle, proximately causes the death of another person through an act or omission that constitutes simple negligence is guilty of vehicular manslaughter and shall be punished for a misdemeanor.
2. A person who commits an offense of vehicular manslaughter may be subject to the additional penalty set forth in NRS 484.3667.
3. Upon the conviction of a person for a violation of the provisions of subsection 1, the court shall notify the Department of the conviction.
4. Upon receipt of notification from a court pursuant to subsection 3, the Department shall cause an entry of the conviction to be made upon the driving record of the person so convicted.
(Added to NRS by 2005, 78)
Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance
NRS 484.379 Unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath,
Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,
Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.
3. It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
Urine Blood
Nanograms Nanograms
Prohibited substance per milliliter per milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marijuana 10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1485; A 1971, 2030; 1973, 587, 1277, 1501; 1975, 788; 1981, 1924; 1983, 1068; 1993, 539; 1999, 2451, 3415; 2001, 172; 2003, 2559, 3245)
NRS 484.379 Unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 or more in his blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 or more in his blood or breath,
Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,
Ê to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.
3. It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
Urine Blood
Nanograms Nanograms
Prohibited substance per milliliter per milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marijuana 10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
(Added to NRS by 1969, 1485; A 1971, 2030; 1973, 587, 1277, 1501; 1975, 788; 1981, 1924; 1983, 1068; 1993, 539; 1999, 2451, 3415; 2001, 172; 2003, 2559, 3245, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)
1. In addition to any other penalty provided by law, a person convicted of a violation of NRS 484.379 or 484.379778 is liable to the State for a civil penalty of $35, payable to the Department.
2. The Department shall not issue any license to drive a motor vehicle to a person convicted of a violation of NRS 484.379 or 484.379778 until the civil penalty is paid.
3. Any money received by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
(Added to NRS by 1987, 2273; A 2007, 2795)
NRS 484.3792 Penalties; segregation of offender; probation, suspension of sentence and plea bargaining restricted; intermittent confinement; consecutive sentences.
1. Unless a greater penalty is provided pursuant to NRS 484.3795 or 484.37955, and except as otherwise provided in subsection 2, a person who violates the provisions of NRS 484.379 or 484.379778:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:
(1) Except as otherwise provided in subparagraph (4) or subsection 7, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379 or 484.379778;
(3) Fine him not less than $400 nor more than $1,000; and
(4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall:
(1) Sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;
(2) Fine him not less than $750 nor more than $1,000, or order him to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379 or 484.379778; and
(3) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
Ê A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) Except as otherwise provided in NRS 484.37941, for a third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender who is imprisoned pursuant to the provisions of this paragraph must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. Unless a greater penalty is provided in NRS 484.37955, a person who has previously been convicted of:
(a) A violation of NRS 484.379 or 484.379778 that is punishable as a felony pursuant to paragraph (c) of subsection 1;
(b) A violation of NRS 484.3795;
(c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955;
(d) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c); or
(e) A violation of NRS 484.379 or 484.379778 that is punishable pursuant to paragraph (b) of subsection 1 of this section that was reduced from a felony pursuant to NRS 484.37941,
Ê and who violates the provisions of NRS 484.379 or 484.379778 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
3. Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. An offense which is listed in paragraphs (a) to (e), inclusive, of subsection 2 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
4. A person convicted of violating the provisions of NRS 484.379 or 484.379778 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937, 484.3794 and 484.37941, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 or 484.379778 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
5. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
6. Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.
7. If the person who violated the provisions of NRS 484.379 or 484.379778 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,
Ê and the court shall notify the Department if the person fails to complete the assigned course within the specified time.
8. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
9. For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation must be excluded.
10. As used in this section, unless the context otherwise requires:
(a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
(b) “Offense” means:
(1) A violation of NRS 484.379, 484.3795 or 484.379778;
(2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or
(3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2).
(c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.
(Added to NRS by 1983, 1070; A 1985, 1946; 1987, 907, 1136; 1989, 195, 2046; 1991, 218, 836; 1993, 2262, 2892; 1995, 1298, 2471; 1997, 38, 642, 1746; 1999, 52, 2138, 3110, 3416, 3438; 2001, 220, 223, 1884, 2392; 2001 Special Session, 147; 2003, 277, 446, 1490; 2005, 139, 607, 2039; 2005, 22nd Special Session, 102; 2007, 1060, 1450, 2795)
NRS 484.3793 Evaluation and treatment for alcohol or drug abuse: Definitions. As used in NRS 484.3793 to 484.37947, inclusive:
1. “Evaluation center” means a facility which is approved by the Health Division of the Department of Health and Human Services to provide an evaluation of an offender to a court to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency.
2. “Treatment facility” means a facility for the treatment of abuse of alcohol or drugs, which is certified by the Health Division of the Department of Health and Human Services.
(Added to NRS by 1993, 2890; A 1997, 1748; 1999, 1882; 2001, 435)
NRS 484.37935 Evaluation and treatment for alcohol or drug abuse: Standards for approval of evaluation center. The State Board of Health shall adopt by regulation the standards to be used for approving the operation of a facility as an evaluation center for the purposes of NRS 484.37937 to 484.37945, inclusive.
(Added to NRS by 1993, 2890; A 1997, 1748; 1999, 1882; 2001, 435)
NRS 484.37937 Evaluation and treatment for alcohol or drug abuse: Application by first-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department.
1. An offender who is found guilty of a violation of NRS 484.379 or 484.379778 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his blood or breath, may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 6 months. The court shall authorize that treatment if:
(a) The offender is diagnosed as an alcoholic or abuser of drugs by:
(1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or
(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;
(b) The offender agrees to pay the cost of the treatment to the extent of his financial resources; and
(c) The offender has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service.
2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
4. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
6. The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
(Added to NRS by 1997, 1744; A 1999, 1882, 3070, 3418; 2001, 127, 133, 435, 1886; 2001 Special Session, 149; 2003, 448; 2005, 141, 609; 2007, 3089)
NRS 484.3794 Evaluation and treatment for alcohol or drug abuse: Application by second-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department.
1. An offender who is found guilty of a violation of NRS 484.379 or 484.379778 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 1 year if:
(a) The offender is diagnosed as an alcoholic or abuser of drugs by:
(1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or
(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;
(b) The offender agrees to pay the costs of the treatment to the extent of his financial resources; and
(c) The offender has served or will serve a term of imprisonment in jail of 5 days and, if required pursuant to NRS 484.3792, has performed or will perform not less than one-half of the hours of community service.
2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
4. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
6. The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
(Added to NRS by 1983, 1072; A 1987, 719, 964; 1989, 197; 1993, 1642, 2264, 2894; 1995, 579; 1997, 40, 153, 1748; 1999, 1884, 3071, 3420; 2001, 127, 133, 436; 2001 Special Session, 150; 2003, 449; 2005, 142, 611; 2007, 2798, 3090)
NRS 484.37941 Evaluation and treatment for alcohol or drug abuse: Application by third-time offender to undergo program of treatment; sentencing of offender and conditional suspension of proceedings; requirements to participate in program of treatment; certain previous convictions preclude offender from participating in program of treatment.
1. An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484.379 or 484.379778 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484.3792 may, at the time he enters his plea, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 3 years if:
(a) The offender is diagnosed as an alcoholic or abuser of drugs by:
(1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or
(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; and
(b) The offender agrees to pay the costs of the treatment to the extent of his financial resources.
Ê An alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor or a physician who diagnoses an offender as an alcoholic or abuser of drugs shall make a report and recommendation to the court concerning the length and type of treatment required for the offender.
2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter and other information before the court.
4. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place him on probation for not more than 5 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(b) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for not more than 5 years and during treatment he may be confined in an institution or, at the discretion of the treatment facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a treatment facility, or if he fails to complete the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484.3792. Any sentence of imprisonment may be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484.3792.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence or set aside the conviction upon the election of treatment, except as otherwise provided in this section; and
(b) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484.3792 for a violation of a condition ordered by the court.
6. To participate in a program of treatment, the offender must:
(a) Serve not less than 6 months of residential confinement;
(b) Install, at his own expense, a device for not less than 12 months;
(c) Not drive any vehicle unless it is equipped with a device;
(d) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and
(e) Agree to any other conditions that the court deems necessary.
7. An offender may not apply to the court to undergo a program of treatment for alcoholism or drug abuse pursuant to this section if he has previously applied to receive treatment pursuant to this section or if he has previously been convicted of:
(a) A violation of NRS 484.3795;
(b) A violation of NRS 484.37955;
(c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955;
(d) A violation of paragraph (c) of subsection 1 of NRS 484.3792;
(e) A violation of subsection 2 of NRS 484.3792; or
(f) A violation of law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b), (c) or (d).
8. As used is this section:
(a) “Device” has the meaning ascribed to it in NRS 484.3941.
(b) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.
(Added to NRS by 2007, 1058)
NRS 484.37943 Evaluation and treatment for alcohol or drug abuse: Evaluation of certain offenders; evaluation to be conducted at evaluation center; exceptions; offender to pay cost of evaluation.
1. If an offender is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 and if the concentration of alcohol in the offender’s blood or breath at the time of the offense was 0.18 or more, or if an offender is found guilty of a violation of NRS 484.379 or 484.379778 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.
2. If an offender is convicted of a violation of NRS 484.379 or 484.379778 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 and if the offender is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.
3. Except as otherwise provided in subsection 4, 5 or 6, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that evaluation; or
(b) A physician who is certified to make that evaluation by the Board of Medical Examiners,
Ê who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
6. The evaluation of an offender who resides in this State may, upon approval of the court, be conducted in another state by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation if the location of the physician or other person in the other state is closer to the residence of the offender than the nearest location in this State at which an evaluation may be conducted. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
7. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this State outside an evaluation center shall not charge an offender more than $100 for the evaluation.
(Added to NRS by 1993, 2890; A 1995, 420; 1997, 134; 1999, 1885, 2451, 3073; 2001, 172; 2005, 33, 612; 2007, 3091)
NRS 484.37945 Evaluation and treatment for alcohol or drug abuse: Placement of offender under clinical supervision of treatment facility; payment of charges for treatment; liability of facility limited.
1. When a program of treatment is ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792 or NRS 484.37941, the court shall place the offender under the clinical supervision of a treatment facility for treatment in accordance with the report submitted to the court pursuant to subsection 3, 4, 5 or 6 of NRS 484.37943 or NRS 484.37941, as appropriate. The court shall:
(a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or
(b) Release the offender for treatment in the community,
Ê for the period of supervision ordered by the court.
2. The court shall:
(a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and
(b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.
3. A treatment facility is not liable for any damages to person or property caused by a person who:
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, 484.379778, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct,
Ê after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792 or NRS 484.37941.
(Added to NRS by 1993, 2891; A 1995, 421; 1997, 135; 1999, 3421; 2001, 1887, 2394; 2003, 106; 2005, 34, 144; 2007, 1063, 2799)
NRS 484.37947 Evaluation and treatment for alcohol or drug abuse: Evaluation or treatment by private company authorized. The provisions of NRS 484.37941, 484.37943 and 484.37945 do not prohibit a court from:
1. Requiring an evaluation pursuant to NRS 484.37943 to be conducted by an evaluation center that is administered by a private company if the company meets the standards of the State Board of Health pursuant to NRS 484.37935; or
2. Ordering the offender to attend a program of treatment that is administered by a private company.
(Added to NRS by 1993, 2892; A 1999, 1886; 2001, 438; 2007, 1063)
NRS 484.3795 Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. Unless a greater penalty is provided pursuant to NRS 484.37955, a person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his blood or breath;
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath;
(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379,
Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
(Added to NRS by 1973, 447; A 1979, 1484; 1981, 1926; 1983, 1073; 1985, 818, 1015; 1989, 1111; 1991, 220, 489, 498, 837; 1995, 312, 1300, 2473; 1997, 644; 1999, 2452, 3422; 2001, 172; 2003, 1492, 2560; 2005, 144; 2007, 1453)
NRS 484.3795 Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. Unless a greater penalty is provided pursuant to NRS 484.37955, a person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 or more in his blood or breath;
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 or more in his blood or breath;
(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379,
Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
(Added to NRS by 1973, 447; A 1979, 1484; 1981, 1926; 1983, 1073; 1985, 818, 1015; 1989, 1111; 1991, 220, 489, 498, 837; 1995, 312, 1300, 2473; 1997, 644; 1999, 2452, 3422; 2001, 172; 2003, 1492, 2560; 2005, 144, 145; 2007, 1453, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)
NRS 484.37955 Vehicular homicide; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. A person commits vehicular homicide if he:
(a) Drives or is in actual physical control of a vehicle on or off the highways of this State and:
(1) Is under the influence of intoxicating liquor;
(2) Has a concentration of alcohol of 0.08 or more in his blood or breath;
(3) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath;
(4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or
(6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379;
(b) Proximately causes the death of a person other than himself while driving or in actual physical control of a vehicle on or off the highways of this State; and
(c) Has previously been convicted of at least three offenses.
2. A person who commits vehicular homicide is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
3. A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
4. A prosecuting attorney shall not dismiss a charge of vehicular homicide in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.
5. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
6. If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
7. As used in this section, “offense” means:
(a) A violation of NRS 484.379, 484.3795 or 484.379778;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
(Added to NRS by 2005, 138; A 2007, 1454)
NRS 484.37955 Vehicular homicide; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. A person commits vehicular homicide if he:
(a) Drives or is in actual physical control of a vehicle on or off the highways of this State and:
(1) Is under the influence of intoxicating liquor;
(2) Has a concentration of alcohol of 0.10 or more in his blood or breath;
(3) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 or more in his blood or breath;
(4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or
(6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379;
(b) Proximately causes the death of a person other than himself while driving or in actual physical control of a vehicle on or off the highways of this State; and
(c) Has previously been convicted of at least three offenses.
2. A person who commits vehicular homicide is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
3. A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
4. A prosecuting attorney shall not dismiss a charge of vehicular homicide in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.
5. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
6. If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
7. As used in this section, “offense” means:
(a) A violation of NRS 484.379, 484.3795 or 484.379778;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
(Added to NRS by 2005, 138, 173; A 2007, 1454, 1455, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)
NRS 484.3796 Evaluation of certain offenders before sentencing; persons qualified to conduct evaluation; results of evaluation to be forwarded to Director of Department of Corrections.
1. Before sentencing an offender for a violation of NRS 484.379 or 484.379778 that is punishable as a felony pursuant to NRS 484.3792, other than an offender who has been evaluated pursuant to NRS 484.37941, or a violation of NRS 484.3795 or 484.37955, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.
2. The evaluation must be conducted by:
(a) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make such an evaluation;
(b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or
(c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.
3. The alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.
(Added to NRS by 1991, 784; A 1993, 1643, 2016; 1999, 1886, 3074; 2001 Special Session, 245; 2005, 146, 613; 2007, 1064, 2800, 3092)
NRS 484.3797 Offender to attend meeting of panel of victims and provide proof of attendance to court.
1. The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who:
(a) Have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778 or a law of any other jurisdiction that prohibits the same or similar conduct; and
(b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.
Ê The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.
2. Except as otherwise provided in this subsection, if a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of NRS 484.379, 484.3795, 484.37955 or 484.379778, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:
(a) Attend, at the defendant’s expense, a meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778 or a law of any other jurisdiction that prohibits the same or similar conduct, in order to have the defendant understand the effect such a crime has on other persons; and
(b) Pay the fee, if any, established by the court pursuant to subsection 1.
Ê The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendant’s residence.
3. A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.
(Added to NRS by 1993, 250; A 1995, 2474; 1999, 3423; 2003, 1493; 2005, 146; 2007, 1457, 2800)
NRS 484.37975 Mandatory suspension of registration of each motor vehicle registered to person convicted of second or subsequent violation or convicted of vehicular homicide; duration of suspension; court to forward copy of order to Department; contents of order; limited exceptions.
1. If a person is convicted of a second or subsequent violation of NRS 484.379, 484.3795 or 484.379778 within 7 years or a violation of NRS 484.37955, the court shall issue an order directing the Department to suspend the registration of each motor vehicle that is registered to or owned by the person for 5 days.
2. If a court issues an order directing the Department to suspend the registration of a motor vehicle pursuant to subsection 1, the court shall forward a copy of the order to the Department within 5 days after issuing the order. The order must include, without limitation, information concerning each motor vehicle that is registered to or owned by the person, including, without limitation, the registration number of the motor vehicle, if such information is available.
3. A court shall provide for limited exceptions to the provisions of subsection 1 on an individual basis to avoid undue hardship to a person other than the person to whom that provision applies. Such an exception must be provided if the court determines that:
(a) A member of the immediate family of the person whose registration is suspended needs to use the motor vehicle:
(1) To travel to or from work or in the course and scope of his employment;
(2) To obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or
(3) To transport himself or another member of his immediate family to or from school; or
(b) An alternative means of transportation is not available to a member of the immediate family of the person whose registration is suspended.
(Added to NRS by 1999, 2138; A 2005, 147; 2007, 2801)
NRS 484.379778 Unlawful acts relating to operation of commercial motor vehicle; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.04 or more but less than 0.08 in his blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a commercial motor vehicle to have a concentration of alcohol of 0.04 or more but less than 0.08 in his blood or breath,
Ê to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a commercial motor vehicle,
Ê to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.
3. It is unlawful for any person to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
Urine Blood
Nanograms Nanograms
Prohibited substance per milliliter per milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marijuana 10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the commercial motor vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.04 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
6. As used in this section:
(a) “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(1) Has a gross combination weight rating of 26,001 or more pounds which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
(2) Has a gross vehicle weight rating of 26,001 or more pounds;
(3) Is designed to transport 16 or more passengers, including the driver; or
(4) Regardless of size, is used in the transportation of materials which are considered to be hazardous for the purposes of the federal Hazardous Materials Transportation Act, 49 U.S.C. §§ 5101 et. seq., and for which the display of identifying placards is required pursuant to 49 C.F.R. Part 172, Subpart F.
(b) The phrase “concentration of alcohol of 0.04 or more but less than 0.08 in his blood or breath” means 0.04 gram or more but less than 0.08 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
(Added to NRS by 2007, 2793)
NRS 484.379778 Unlawful acts relating to operation of commercial motor vehicle; affirmative defense; additional penalty for violation committed in work zone. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.04 or more but less than 0.10 in his blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a commercial motor vehicle to have a concentration of alcohol of 0.04 or more but less than 0.10 in his blood or breath,
Ê to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a commercial motor vehicle,
Ê to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.
3. It is unlawful for any person to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
Urine Blood
Nanograms Nanograms
Prohibited substance per milliliter per milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marijuana 10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the commercial motor vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.04 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
6. As used in this section:
(a) “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(1) Has a gross combination weight rating of 26,001 or more pounds which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
(2) Has a gross vehicle weight rating of 26,001 or more pounds;
(3) Is designed to transport 16 or more passengers, including the driver; or
(4) Regardless of size, is used in the transportation of materials which are considered to be hazardous for the purposes of the federal Hazardous Materials Transportation Act, 49 U.S.C. §§ 5101 et. seq., and for which the display of identifying placards is required pursuant to 49 C.F.R. Part 172, Subpart F.
(b) The phrase “concentration of alcohol of 0.04 or more but less than 0.10 in his blood or breath” means 0.04 gram or more but less than 0.10 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
(Added to NRS by 2007, 2793; A 2007, 2812, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)
NRS 484.3798 Fee for chemical analysis.
1. If a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of NRS 484.379, 484.3795, 484.37955 or 484.379778 and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the court’s docket.
2. All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.
3. The treasurer shall deposit all money received by him pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.
4. Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
5. In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:
(a) Except as otherwise provided in paragraph (b), must be:
(1) Expended to pay for the chemical analyses performed within the county;
(2) Expended to purchase and maintain equipment to conduct such analyses;
(3) Expended for the training and continuing education of the employees who conduct such analyses; and
(4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.
(b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by or training for employees of an analytical laboratory that is approved by the Committee on Testing for Intoxication created in NRS 484.388.
(Added to NRS by 1991, 271; A 1993, 2463; 1995, 2475; 2003, 1494; 2005, 148; 2007, 1457, 2801)
NRS 484.382 Implied consent to preliminary test; failure to submit to test; use of results of test.
1. Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath to determine the concentration of alcohol in his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778.
2. If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
(Added to NRS by 1983, 1066; A 1993, 2072; 1995, 1883; 1999, 2453, 3424; 2001, 172; 2005, 148; 2007, 2802)
NRS 484.383 Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which police officer may direct person to submit to blood test; restrictions on requiring urine test; failure to submit to test; notification of parent or guardian of minor directed to submit to test.
1. Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance to determine the concentration of alcohol in of his blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778.
2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.
3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.
4. If the concentration of alcohol in the blood or breath of the person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.
(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.
(c) A police officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:
(1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or
(2) Has been convicted within the previous 7 years of:
(I) A violation of NRS 484.379, 484.3795, 484.37955, 484.379778, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of another jurisdiction that prohibits the same or similar conduct; or
(II) Any other offense in this State or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).
5. If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
6. Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.
7. If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778,
Ê the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the concentration of alcohol or presence of a controlled substance or another prohibited substance in his blood.
8. If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.
(Added to NRS by 1969, 593; A 1973, 1502; 1975, 73; 1979, 1164; 1981, 1361; 1983, 18, 1074; 1985, 785; 1987, 1237; 1989, 2048; 1993, 117, 2073; 1995, 1883; 1997, 325, 3047; 1999, 633, 2453, 3434; 2001, 172; 2005, 149; 2007, 2802)
NRS 484.384 Test showing concentration of alcohol of 0.08 or more in blood or breath; revocation of license, permit or privilege; periods of ineligibility to run consecutively. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. If the result of a test given under NRS 484.382 or 484.383 shows that a person had a concentration of alcohol of 0.08 or more in his blood or breath at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days.
2. If a revocation of a person’s license, permit or privilege to drive under NRS 62E.640 or 483.460 follows a revocation under subsection 1 which was based on his having a concentration of alcohol of 0.08 or more in his blood or breath, the Department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.
3. Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.
(Added to NRS by 1983, 1066; A 1995, 1884, 1919; 1999, 2455; 2003, 1158, 2561)
NRS 484.384 Test showing concentration of alcohol of 0.10 or more in blood or breath; revocation of license, permit or privilege; periods of ineligibility to run consecutively. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. If the result of a test given under NRS 484.382 or 484.383 shows that a person had a concentration of alcohol of 0.10 or more in his blood or breath at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days.
2. If a revocation of a person’s license, permit or privilege to drive under NRS 62E.640 or 483.460 follows a revocation under subsection 1 which was based on his having a concentration of alcohol of 0.10 or more in his blood or breath, the Department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.
3. Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.
(Added to NRS by 1983, 1066; A 1995, 1884, 1919; 1999, 2455; 2003, 1158, 2561, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)
NRS 484.385 Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. As agent for the Department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.08 or more in his blood or breath or has a detectable amount of a prohibited substance in his blood or urine, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation pursuant to NRS 484.387 and, except as otherwise provided in this subsection, that he has a right to request a temporary license. If the person currently is driving with a temporary license that was issued pursuant to this section or NRS 484.387, he is not entitled to request an additional temporary license pursuant to this section or NRS 484.387, and the order of revocation issued by the officer must revoke the temporary license that was previously issued. If the person is entitled to request a temporary license, the officer shall issue him a temporary license on a form approved by the Department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the Department along with the written certificate required by subsection 2.
2. When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.08 or more in his blood or breath or had a detectable amount of a prohibited substance in his blood or urine, the officer shall immediately prepare and transmit to the Department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.08 or more in his blood or breath or with a detectable amount of a prohibited substance in his blood or urine, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.
3. The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.
4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
(Added to NRS by 1969, 593; A 1973, 484, 1503; 1981, 1927; 1983, 1075; 1985, 1948; 1991, 1588; 1995, 1885; 1999, 2455, 3425; 2001, 172; 2003, 2562; 2007, 2046)
NRS 484.385 Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. As agent for the Department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.10 or more in his blood or breath or has a detectable amount of a prohibited substance in his blood or urine, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation pursuant to NRS 484.387 and, except as otherwise provided in this subsection, that he has a right to request a temporary license. If the person currently is driving with a temporary license that was issued pursuant to this section or NRS 484.387, he is not entitled to request an additional temporary license pursuant to this section or NRS 484.387, and the order of revocation issued by the officer must revoke the temporary license that was previously issued. If the person is entitled to request a temporary license, the officer shall issue him a temporary license on a form approved by the Department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the Department along with the written certificate required by subsection 2.
2. When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.10 or more in his blood or breath or had a detectable amount of a prohibited substance in his blood or urine, the officer shall immediately prepare and transmit to the Department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.10 or more in his blood or breath or with a detectable amount of a prohibited substance in his blood or urine, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.
3. The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.
4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
(Added to NRS by 1969, 593; A 1973, 484, 1503; 1981, 1927; 1983, 1075; 1985, 1948; 1991, 1588; 1995, 1885; 1999, 2455, 3425; 2001, 172; 2003, 2562; 2007, 2046, 2047, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)
NRS 484.386 Requirements for evidentiary test of breath to determine concentration of alcohol in breath; use of reasonable force to obtain sample or conduct test.
1. Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the concentration of alcohol in a person’s breath may be used to establish that concentration only if two consecutive samples of the person’s breath are taken and:
(a) The difference between the concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;
(b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or
(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 484.383, the fourth evidentiary test must be a blood test.
2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the concentration.
3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a police officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 484.383.
(Added to NRS by 1985, 1226; A 1