[Rev. 12/21/2019 2:21:57 PM--2019]

CHAPTER 484A - TRAFFIC LAWS GENERALLY

GENERAL PROVISIONS

NRS 484A.005        Purposes of chapters 484A to 484E, inclusive, of NRS.

NRS 484A.010        Definitions.

NRS 484A.015        “Alley” defined.

NRS 484A.020        “Authorized emergency vehicle” defined.

NRS 484A.025        “Bicycle” defined.

NRS 484A.030        “Bus” defined.

NRS 484A.035        “Bus stand” defined.

NRS 484A.040        “Center” and “centerline” defined.

NRS 484A.045        “City” defined.

NRS 484A.050        “Combination of vehicles” defined.

NRS 484A.055        “Commercial vehicle” defined.

NRS 484A.060        “Controlled-access highway” defined.

NRS 484A.065        “Crosswalk” defined.

NRS 484A.070        “Divided highway” defined.

NRS 484A.075        “Driveaway-towaway operation” defined.

NRS 484A.080        “Driver” defined.

NRS 484A.082        “Electric scooter” defined.

NRS 484A.085        “Explosives” defined.

NRS 484A.090        “Funeral procession” defined.

NRS 484A.095        “Highway” defined.

NRS 484A.100        “House trailer” defined.

NRS 484A.105        “Intersection” defined.

NRS 484A.110        “Laned highway” defined.

NRS 484A.115        “Local authority” defined.

NRS 484A.120        “Manufactured home” defined.

NRS 484A.125        “Moped” defined.

NRS 484A.130        “Motor vehicle” defined.

NRS 484A.135        “Motorcycle” defined.

NRS 484A.140        “Nonresident” defined.

NRS 484A.145        “Official traffic-control device” defined.

NRS 484A.147        “Original equipment manufacturer” defined. [Expired by limitation.]

NRS 484A.150        “Owner” defined.

NRS 484A.155        “Park” and “parking” defined.

NRS 484A.160        “Passenger car” defined.

NRS 484A.165        “Pedestrian” defined.

NRS 484A.170        “Person with a disability which limits or impairs the ability to walk” defined.

NRS 484A.175        “Pole trailer” defined.

NRS 484A.180        “Police officer” defined.

NRS 484A.185        “Premises to which the public has access” defined.

NRS 484A.190        “Private way” and “driveway” defined.

NRS 484A.195        “Public authority” defined.

NRS 484A.196        “Qualified alternative fuel” defined. [Expired by limitation.]

NRS 484A.197        “Qualified alternative fuel vehicle” defined. [Expired by limitation.]

NRS 484A.198        “Qualified vehicle modifier of alternative fuel vehicles” defined. [Expired by limitation.]

NRS 484A.200        “Railroad” defined.

NRS 484A.205        “Regulatory agency” defined.

NRS 484A.210        “Right-of-way” defined.

NRS 484A.215        “Road” defined.

NRS 484A.220        “Roadway” defined.

NRS 484A.225        “Rural area” defined.

NRS 484A.230        “School bus” defined.

NRS 484A.235        “Semitrailer” defined.

NRS 484A.240        “Sidewalk” defined.

NRS 484A.245        “Special mobile equipment” defined.

NRS 484A.250        “Stand” and “standing” defined.

NRS 484A.255        “Stop” defined.

NRS 484A.260        “Stop” and “stopping” defined.

NRS 484A.265        “Street” defined.

NRS 484A.270        “Taxicab” defined.

NRS 484A.275        “Through highway” defined.

NRS 484A.280        “Tow car” defined.

NRS 484A.285        “Traffic” defined.

NRS 484A.290        “Traffic-control signal” defined.

NRS 484A.295        “Trailer” defined.

NRS 484A.300        “Traveled portion of highway” defined.

NRS 484A.305        “Truck” defined.

NRS 484A.310        “Truck-tractor” defined.

NRS 484A.315        “Urban area” defined.

NRS 484A.320        “Vehicle” defined.

POWERS OF STATE AND LOCAL AUTHORITIES

NRS 484A.400        Provisions uniform throughout State; local authority prohibited from enacting certain ordinances; trial for same offense for violation of traffic ordinance prohibited.

NRS 484A.410        City or county may adopt penalties for certain violations of driving under influence of alcohol or prohibited substance; person convicted of violation of city or county ordinance subject to other provisions of law for such violation.

NRS 484A.420        Powers of local authority.

NRS 484A.430        Adoption of manual and specifications for devices for control of traffic by Department of Transportation.

NRS 484A.440        Local device for control of traffic.

NRS 484A.450        Designation of through highways and intersections requiring stop or yield; vehicle entering intersection.

NRS 484A.460        Authority of Department of Transportation to designate carpool lanes; duties of Department of Transportation; regulations.

NRS 484A.463        Authority of Department of Transportation to adopt regulations to allow certain low emission and energy-efficient vehicles to be operated in lane designated for high-occupancy vehicles.

NRS 484A.467        County or city authorized to adopt ordinance to allow low emission and energy-efficient vehicles to travel in designated lane in planned community.

NRS 484A.468        Parking program for qualified alternative fuel vehicles: Requirements for establishment by local authorities; fee authorized; authorization for participating qualified vehicle to stop, stand or park without payment; exceptions. [Expired by limitation.]

NRS 484A.469        Local authority may regulate operation of electric scooters and scooter-share program; requirements for and limitations on scooter-share program.

NRS 484A.470        Authority of Department to adopt regulations concerning special mobile equipment.

NRS 484A.480        Designation of authorized emergency vehicles; equipment; limitations on use of warning devices.

NRS 484A.490        Permit for authorized emergency vehicle issued to other vehicles; certain vehicles not considered emergency vehicles.

VIOLATIONS OF TRAFFIC LAWS

Citations

NRS 484A.600        Use by governmental entity or agent of photographic, video or digital equipment to gather evidence for issuance of traffic citation.

NRS 484A.610        Issuance of forms for traffic citations; maintenance of records of books, electronic devices and citations.

NRS 484A.615        Court or traffic violations bureau authorized to establish system to allow person to respond to traffic citation by mail or electronic means; requirements of system; exceptions; Nevada Supreme Court may adopt rules regarding system.

NRS 484A.620        Citation filed with court deemed lawful complaint.

NRS 484A.630        Citation: Contents; minimum 5-day notice to appear in court; written promise to appear; physical receipt deemed personal service of notice to appear.

NRS 484A.640        Matching of certain information before officer issues citation or makes arrest; when officer may arrest driver for prior offense.

NRS 484A.650        Officer to demand proof of insurance; citation for operation of vehicle without insurance or for failure to present proof of insurance.

NRS 484A.660        Issuance of citation at scene of crash.

NRS 484A.670        Effect of violation of written promise to appear or failure to comply with notice to appear; when appearance by counsel in lieu of personal appearance is authorized; exceptions.

NRS 484A.680        Disposition and records of traffic citations.

NRS 484A.690        Audit of records of traffic citations.

NRS 484A.700        When warrant for failure to obey citation for parking violation may be issued; exception.

 

Arrests

NRS 484A.710        Arrest without warrant for certain offenses.

NRS 484A.720        When person must be taken immediately before magistrate.

NRS 484A.730        When peace officer has option to give citation or take person before magistrate.

NRS 484A.740        Arrest of nonresident.

NRS 484A.750        Appearance before magistrate having jurisdiction.

NRS 484A.760        Release of defendant when magistrate not available.

NRS 484A.770        Procedure prescribed for arrest without warrant not exclusive.

 

Incarceration

NRS 484A.772        Legislative findings and declarations.

NRS 484A.774        Presumption for release of person arrested for traffic violation; exceptions.

 

Administrative Assessments, Fines and Court Fees

NRS 484A.780        30-day grace period must be provided before warrant may be issued to person after failure to appear or failure to pay assessment, fine or fee for traffic violation; exceptions.

NRS 484A.782        Warrant must not be issued for failure to pay assessment, fine or fee for traffic violation unless person provided opportunity to satisfy assessment, fine or fee by way of community service and has failed to perform such service.

NRS 484A.784        Court fees not expressly authorized by statute or for specialty court participation must be assessed on per case basis.

NRS 484A.786        Order in which installment payments must be applied.

NRS 484A.788        Order in which payment must be applied when person has more than one outstanding citation or is charged with more than one offense; exceptions.

NRS 484A.790        Imposition and disposition of fee for traffic violation for purpose of reducing demerit points in lieu of completing course of traffic safety; duties of court collecting such fees; use of money collected.

NRS 484A.792        Certain fines and forfeitures of bail must be paid into State Permanent School Fund.

 

Miscellaneous Provisions

NRS 484A.798        Conviction for traffic violation not criminal conviction for applying for employment, professional licensure or educational opportunity; exceptions.

MISCELLANEOUS PROVISIONS

NRS 484A.800        Sponsor of special event to provide for control of vehicular traffic.

NRS 484A.805        Peace officer may seize license plates from or impound certain commercial vehicles subject to out-of-service order: Requirements; procedures; notice. [Effective on the earlier of July 1, 2020, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 180, Statutes of Nevada 2017, at page 971.]

NRS 484A.810        Department required to compile list of new and amended traffic laws and related provisions after each legislative session; posting and dissemination of information for public.

GENERAL VIOLATIONS

NRS 484A.900        Penalty for violation of traffic law when no penalty provided in statute; authority of court to order repeat offender to pay for and attend school for driver training.

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NOTE:                     Section 8 of chapter 472, Statutes of Nevada 2011, at p. 2876, has been codified as NRS 482A.020, 482A.030, 482A.050 and 482A.100.

_________

 

GENERAL PROVISIONS

      NRS 484A.005  Purposes of chapters 484A to 484E, inclusive, of NRS.  The purposes of chapters 484A to 484E, inclusive, of NRS 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) — (Substituted in revision for NRS 484.011)

      NRS 484A.010  Definitions.  As used in chapters 484A to 484E, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 484A.015 to 484A.320, 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; 2009, 397; 2011, 2876; 2019, 1883) — (Substituted in revision for part of NRS 484.013)

      NRS 484A.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) — (Substituted in revision for NRS 484.015)

      NRS 484A.020  “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) — (Substituted in revision for NRS 484.017)

      NRS 484A.025  “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) — (Substituted in revision for NRS 484.019)

      NRS 484A.030  “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) — (Substituted in revision for NRS 484.021)

      NRS 484A.035  “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) — (Substituted in revision for NRS 484.023)

      NRS 484A.040  “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) — (Substituted in revision for NRS 484.029)

      NRS 484A.045  “City” defined.  “City” means any incorporated city, whether incorporated under general or special law.

      (Added to NRS by 1969, 1477; A 1987, 1725) — (Substituted in revision for NRS 484.033)

      NRS 484A.050  “Combination of vehicles” defined.  “Combination of vehicles” means two or more vehicles coupled together.

      (Added to NRS by 1969, 1477) — (Substituted in revision for NRS 484.035)

      NRS 484A.055  “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) — (Substituted in revision for NRS 484.037)

      NRS 484A.060  “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) — (Substituted in revision for NRS 484.041)

      NRS 484A.065  “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) — (Substituted in revision for NRS 484.043)

      NRS 484A.070  “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) — (Substituted in revision for NRS 484.048)

      NRS 484A.075  “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) — (Substituted in revision for NRS 484.051)

      NRS 484A.080  “Driver” defined.

      1.  Except as otherwise provided in subsection 2, “driver” means every person who drives or is in actual physical control of a vehicle.

      2.  If a vehicle is an autonomous vehicle, as defined in NRS 482A.030, and the automated driving system, as defined in NRS 482A.025, of the autonomous vehicle is engaged, “driver” means a person who causes the automated driving system of the autonomous vehicle to engage.

      3.  If a vehicle is a fully autonomous vehicle, as defined in NRS 482A.036, and the automated driving system, as defined in NRS 482A.025, of the fully autonomous vehicle is engaged, “driver” does not include a natural person who causes the automated driving system of the fully autonomous vehicle to engage unless the natural person is the owner of the fully autonomous vehicle.

      (Added to NRS by 1969, 1477; A 2017, 4469) — (Substituted in revision for NRS 484.053)

      NRS 484A.082  “Electric scooter” defined.  “Electric scooter” means a vehicle with handlebars and an electric motor that is designed to be ridden on in an upright or seated position and propelled by its electric motor or by propulsion provided by the rider. Such a vehicle:

      1.  Must not weigh more than 100 pounds without a rider; and

      2.  Must have a maximum speed of not more than 20 miles per hour when powered solely by its electric motor.

      (Added to NRS by 2019, 1881)

      NRS 484A.085  “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) — (Substituted in revision for NRS 484.057)

      NRS 484A.090  “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) — (Substituted in revision for NRS 484.064)

      NRS 484A.095  “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) — (Substituted in revision for NRS 484.065)

      NRS 484A.100  “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) — (Substituted in revision for NRS 484.069)

      NRS 484A.105  “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) — (Substituted in revision for NRS 484.073)

      NRS 484A.110  “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) — (Substituted in revision for NRS 484.075)

      NRS 484A.115  “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) — (Substituted in revision for NRS 484.079)

      NRS 484A.120  “Manufactured home” defined.  “Manufactured home” has the meaning ascribed to it in NRS 489.113.

      (Added to NRS by 1989, 798) — (Substituted in revision for NRS 484.0792)

      NRS 484A.125  “Moped” defined.  “Moped” means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, 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.

Ê The term does not include an electric bicycle or an electric scooter.

      (Added to NRS by 1975, 1076; A 1983, 895; 2009, 397; 2019, 1883) — (Substituted in revision for NRS 484.0798)

      NRS 484A.130  “Motor vehicle” defined.  “Motor vehicle” means every vehicle which is self-propelled but not operated upon rails. The term does not include an electric bicycle or an electric scooter.

      (Added to NRS by 1969, 1479; A 2019, 1884) — (Substituted in revision for NRS 484.081)

      NRS 484A.135  “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, excluding an electric bicycle, a tractor or a moped.

      (Added to NRS by 1969, 1479; A 1971, 1472; 1975, 1077; 2009, 398) — (Substituted in revision for NRS 484.083)

      NRS 484A.140  “Nonresident” defined.  “Nonresident” means every person who is not a resident of this State.

      (Added to NRS by 1969, 1479) — (Substituted in revision for NRS 484.085)

      NRS 484A.145  “Official traffic-control device” defined.  “Official traffic-control device” means every sign, signal, marking and device not inconsistent with chapters 484A to 484E, inclusive, of NRS 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) — (Substituted in revision for NRS 484.089)

      NRS 484A.147  “Original equipment manufacturer” defined.  Expired by limitation. (See chapter 472, Statutes of Nevada 2011, at page 2877.)

 

      NRS 484A.150  “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) — (Substituted in revision for NRS 484.091)

      NRS 484A.155  “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) — (Substituted in revision for NRS 484.097)

      NRS 484A.160  “Passenger car” defined.  “Passenger car” means every motor vehicle, except motorcycles and motor-driven cycles, designed for carrying 10 passengers or less and used for the transportation of persons.

      (Added to NRS by 1969, 1203; A 2009, 398) — (Substituted in revision for NRS 484.101)

      NRS 484A.165  “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) — (Substituted in revision for NRS 484.111)

      NRS 484A.170  “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) — (Substituted in revision for NRS 484.112)

      NRS 484A.175  “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) — (Substituted in revision for NRS 484.116)

      NRS 484A.180  “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) — (Substituted in revision for NRS 484.118)

      NRS 484A.185  “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) — (Substituted in revision for NRS 484.122)

      NRS 484A.190  “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) — (Substituted in revision for NRS 484.124)

      NRS 484A.195  “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) — (Substituted in revision for NRS 484.126)

      NRS 484A.196  “Qualified alternative fuel” defined.  Expired by limitation. (See chapter 472, Statutes of Nevada 2011, at page 2877.)

 

      NRS 484A.197  “Qualified alternative fuel vehicle” defined.  Expired by limitation. (See chapter 472, Statutes of Nevada 2011, at page 2877.)

 

      NRS 484A.198  “Qualified vehicle modifier of alternative fuel vehicles” defined.  Expired by limitation. (See chapter 472, Statutes of Nevada 2011, at page 2877.)

 

      NRS 484A.200  “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) — (Substituted in revision for NRS 484.128)

      NRS 484A.205  “Regulatory agency” defined.  “Regulatory agency” means any of the agencies granted police or enforcement powers under the provisions of subsection 1 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; 2011, 727) — (Substituted in revision for NRS 484.1345)

      NRS 484A.210  “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 the danger of a crash unless one grants precedence to the other.

      (Added to NRS by 1969, 1480; A 2015, 1634) — (Substituted in revision for NRS 484.141)

      NRS 484A.215  “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) — (Substituted in revision for NRS 484.144)

      NRS 484A.220  “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) — (Substituted in revision for NRS 484.145)

      NRS 484A.225  “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) — (Substituted in revision for NRS 484.1455)

      NRS 484A.230  “School bus” defined.

      1.  “School bus” means every motor vehicle which is designed or used to carry more than 10 passengers in addition to the driver and which is:

      (a) 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

      (b) 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) A passenger car operated under a contract to transport children to and from school;

      (b) 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; or

      (c) A multifunction school activity bus whose purposes do not include transporting students to and from home or school bus stops.

      (Added to NRS by 1969, 1480; A 1997, 1619, 2007; 2017, 2177) — (Substituted in revision for NRS 484.148)

      NRS 484A.235  “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) — (Substituted in revision for NRS 484.168)

      NRS 484A.240  “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) — (Substituted in revision for NRS 484.171)

      NRS 484A.245  “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) — (Substituted in revision for NRS 484.173)

      NRS 484A.250  “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) — (Substituted in revision for NRS 484.183)

      NRS 484A.255  “Stop” defined.  “Stop,” when required, means complete cessation from movement.

      (Added to NRS by 1969, 1481) — (Substituted in revision for NRS 484.185)

      NRS 484A.260  “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) — (Substituted in revision for NRS 484.187)

      NRS 484A.265  “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) — (Substituted in revision for NRS 484.189)

      NRS 484A.270  “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) — (Substituted in revision for NRS 484.191)

      NRS 484A.275  “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) — (Substituted in revision for NRS 484.199)

      NRS 484A.280  “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) — (Substituted in revision for NRS 484.201)

      NRS 484A.285  “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) — (Substituted in revision for NRS 484.203)

      NRS 484A.290  “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) — (Substituted in revision for NRS 484.205)

      NRS 484A.295  “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) — (Substituted in revision for NRS 484.207)

      NRS 484A.300  “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) — (Substituted in revision for NRS 484.209)

      NRS 484A.305  “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) — (Substituted in revision for NRS 484.211)

      NRS 484A.310  “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) — (Substituted in revision for NRS 484.213)

      NRS 484A.315  “Urban area” defined.  “Urban area” means the area encompassed within the city limits of a city whose population is 15,000 or more.

      (Added to NRS by 1973, 448; A 1979, 555; 1989, 1931; 2011, 1289) — (Substituted in revision for NRS 484.2155)

      NRS 484A.320  “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;

      2.  Electric bicycles;

      3.  Electric personal assistive mobility devices as defined in NRS 482.029; and

      4.  An electric scooter.

      (Added to NRS by 1969, 1482; A 2003, 1206; 2019, 1884) — (Substituted in revision for NRS 484.217)

POWERS OF STATE AND LOCAL AUTHORITIES

      NRS 484A.400  Provisions uniform throughout State; local authority prohibited from enacting certain ordinances; trial for same offense for violation of traffic ordinance prohibited.

      1.  The provisions of chapters 484A to 484E, inclusive, of NRS are applicable and uniform throughout this State on all highways to which the public has a right of access, to which persons have access as invitees or licensees or such other premises as provided by statute.

      2.  Except as otherwise provided in subsection 3 and unless otherwise provided by specific statute, any local authority may enact by ordinance traffic regulations which cover the same subject matter as the various sections of chapters 484A to 484E, inclusive, of NRS if the provisions of the ordinance are not in conflict with chapters 484A to 484E, inclusive, of NRS, or regulations adopted pursuant thereto. It may also enact by ordinance regulations requiring the registration and licensing of bicycles.

      3.  A local authority shall not enact an ordinance:

      (a) Governing the registration of vehicles and the licensing of drivers;

      (b) Governing the duties and obligations of persons involved in traffic crashes, other than the duties to stop, render aid and provide necessary information;

      (c) Providing a penalty for an offense for which the penalty prescribed by chapters 484A to 484E, inclusive, of NRS is greater than that imposed for a misdemeanor; or

      (d) Requiring a permit for a vehicle, or to operate a vehicle, on a highway in this State.

      4.  No person convicted or adjudged guilty or guilty but mentally ill of a violation of a traffic ordinance may be charged or tried in any other court in this State for the same offense.

      (Added to NRS by 1969, 1482; A 1971, 22; 1973, 406; 1983, 1079; 2007, 1458, 2735; 2015, 1634; 2019, 2653) — (Substituted in revision for NRS 484.777)

      NRS 484A.410  City or county may adopt penalties for certain violations of driving under influence of alcohol or prohibited substance; person convicted of violation of city or county ordinance subject to other provisions of law for such violation.

      1.  The governing body of each city or county may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 484C.400 for similar offenses under city or county ordinance.

      2.  A person convicted of a violation of an ordinance enacted by the governing body of a city or county that prohibits the same or similar conduct as set forth in NRS 484C.110 or 484C.120 is subject to each provision of law that applies to a person convicted of a violation of NRS 484C.110 or 484C.120, including, without limitation, the revocation of the license, permit or privilege to drive of the person pursuant to NRS 483.460.

      (Added to NRS by 1981, 1928; A 1989, 598; 2013, 93) — (Substituted in revision for NRS 484.778)

      NRS 484A.420  Powers of local authority.

      1.  Except as otherwise provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under its jurisdiction within the reasonable exercise of the police power:

      (a) Regulating or prohibiting processions or assemblages on the highways.

      (b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.

      (c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the highway, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection.

      (d) Designating truck, bicycle, electric bicycle and electric scooter routes.

      (e) Adopting such other traffic regulations related to specific highways as are expressly authorized by chapters 484A to 484E, inclusive, of NRS.

      2.  An ordinance relating to traffic control enacted under this section is not effective until official devices for traffic control giving notice of those local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as is most appropriate.

      3.  An ordinance enacted under this section is not effective with respect to:

      (a) Highways constructed and maintained by the Department of Transportation under the authority granted by chapter 408 of NRS; or

      (b) Alternative routes for the transport of radioactive, chemical or other hazardous materials which are governed by regulations of the United States Department of Transportation,

Ê until the ordinance has been approved by the Board of Directors of the Department of Transportation.

      4.  As used in this section, “hazardous material” has the meaning ascribed to it in NRS 459.7024.

      (Added to NRS by 1969, 1488; A 1979, 1813; 1981, 234; 1983, 1079; 1987, 1757; 1989, 1313; 1993, 850; 2009, 402; 2019, 1884) — (Substituted in revision for NRS 484.779)

      NRS 484A.430  Adoption of manual and specifications for devices for control of traffic by Department of Transportation.

      1.  The Department of Transportation shall adopt a manual and specifications for a uniform system of official traffic-control devices consistent with the provisions of chapters 484A to 484E, inclusive, of NRS for use upon highways within this State. The uniform system must correlate with and so far as possible conform to the system then current and approved by the American Association of State Highway Officials and the National Joint Committee on Uniform Traffic Control Devices.

      2.  All devices used by local authorities or the Department of Transportation must conform with the manual and specifications adopted by the Department.

      (Added to NRS by 1969, 1488; A 1979, 1814) — (Substituted in revision for NRS 484.781)

      NRS 484A.440  Local device for control of traffic.

      1.  Except as provided in subsection 2, local authorities shall place and maintain such official traffic-control devices upon highways under their jurisdiction as are determined necessary to indicate and to carry out the provisions of chapters 484A to 484E, inclusive, of NRS and to regulate, warn or guide traffic.

      2.  No traffic-control device may be placed by a local authority on a highway constructed and maintained by the Department of Transportation under the authority granted by chapter 408 of NRS without prior approval by the Department.

      (Added to NRS by 1969, 1488; A 1979, 1814) — (Substituted in revision for NRS 484.783)

      NRS 484A.450  Designation of through highways and intersections requiring stop or yield; vehicle entering intersection.

      1.  The Department of Transportation and local authorities, with reference to highways under their respective jurisdictions, may designate through highways and erect official traffic-control devices in the form of stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such an intersection.

      2.  Every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, shall stop at a clearly marked stop line, or if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering the intersection.

      3.  The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the nearest side of the intersection or, if there is no crosswalk, at a clearly marked stop line, or if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway.

      (Added to NRS by 1969, 1496; A 1979, 1814) — (Substituted in revision for NRS 484.785)

      NRS 484A.460  Authority of Department of Transportation to designate carpool lanes; duties of Department of Transportation; 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.  The Department of Transportation may adopt regulations necessary to carry out the provisions of this section.

      4.  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) — (Substituted in revision for part of NRS 484.312)

      NRS 484A.463  Authority of Department of Transportation to adopt regulations to allow certain low emission and energy-efficient vehicles to be operated in lane designated for high-occupancy vehicles.

      1.  To the extent not inconsistent with federal law, the Department of Transportation may, in consultation with the Federal Highway Administration and the United States Environmental Protection Agency, adopt regulations establishing a program to allow a vehicle that is certified by the Administrator of the United States Environmental Protection Agency as a low emission and energy-efficient vehicle to be operated in a lane that is designated for the use of high-occupancy vehicles pursuant to NRS 484A.460.

      2.  As used in this section, “low emission and energy-efficient vehicle” has the meaning ascribed to it in 23 U.S.C. § 166(f)(3).

      (Added to NRS by 2009, 84; A 2011, 2876, 2877)

      NRS 484A.467  County or city authorized to adopt ordinance to allow low emission and energy-efficient vehicles to travel in designated lane in planned community.

      1.  A county or city may adopt an ordinance to allow low emission and energy-efficient vehicles to travel in a designated lane on streets within a planned community.

      2.  As used in this section:

      (a) “Low emission and energy-efficient vehicle” has the meaning ascribed to it in 23 U.S.C. § 166(f)(3) except that the term includes golf carts.

      (b) “Planned community” has the meaning ascribed to it in NRS 116.075.

      (Added to NRS by 2009, 85)

      NRS 484A.468  Parking program for qualified alternative fuel vehicles: Requirements for establishment by local authorities; fee authorized; authorization for participating qualified vehicle to stop, stand or park without payment; exceptions.  Expired by limitation. (See chapter 472, Statutes of Nevada 2011, at page 2877.)

 

      NRS 484A.469  Local authority may regulate operation of electric scooters and scooter-share program; requirements for and limitations on scooter-share program.

      1.  A local authority may adopt, to protect the health and safety of the public, an ordinance which regulates the time, place and manner of operation of electric scooters in the jurisdiction of the local authority in a manner that is generally consistent with such regulation of bicycles and electric bicycles and which may, without limitation:

      (a) Prohibit the use of an electric scooter in a specified area or areas of the jurisdiction; or

      (b) Establish a speed limit for electric scooters operating on sidewalks in the jurisdiction.

      2.  A local authority may by ordinance regulate the operation of a scooter-share program in the jurisdiction of the local authority as provided in this section.

      3.  An ordinance enacted pursuant to subsection 2 may:

      (a) Require a scooter-share operator to pay a reasonable fee for the privilege of operating a scooter-share program, provided that such fee does not exceed the cost to the local authority for regulating the scooter-share program.

      (b) Require a scooter-share operator to indemnify the local authority against claims, losses, liabilities, damages, costs and attorney’s fees arising out of any negligent act, error, omission or willful misconduct by a scooter-share operator or its officers or employees, except for those claims, losses, liabilities, damages, costs and attorney’s fees which arise out of the negligence or willful misconduct of the local authority.

      (c) Except as otherwise provided in subsection 1, designate locations where a scooter-share operator may not stage shared scooters, provided that at least one such staging location must be allowed on each side of each city block in any commercial zone or business district in the jurisdiction of the local authority where use of electric scooters is allowed, provided that such a staging location does not impede the normal and reasonable movement of pedestrians at the location.

      (d) Except as otherwise provided in subsection 5, enact or identify moving or parking violations specific to shared scooters and assessing penalties for such violations, provided that such penalties do not exceed those imposed, if any, for similar violations by the rider of a bicycle.

      (e) Require a scooter-share operator to provide to the local authority trip data for all trips starting or ending in the jurisdiction of the local authority on each shared scooter of the scooter-share operator or any person or company controlled by, controlling or under common control with the scooter-share operator. To ensure privacy, such trip data must be:

             (1) Provided via an application programming interface, subject to the scooter-share operator’s license agreement for the interface;

             (2) Subject to a publicly available privacy policy of the local authority or a designee of the local authority, disclosing what data is collected and how the data is used or shared with third parties;

             (3) Safely and securely stored by the local authority, which must implement reasonable administrative, physical and technical safeguards to protect, secure and, if applicable, encrypt or otherwise limit access to the data;

             (4) Except as otherwise provided in subparagraphs (5) and (6), treated by the local authority as personal, proprietary business information and trade secret of the scooter-share operator, exempt from public disclosure pursuant to any public records request, deemed confidential and not a public record for the purposes of chapter 239 of NRS and not considered property of the local authority;

             (5) Shared with law enforcement agencies only pursuant to valid legal process; and

             (6) Shared with third parties only with the consent of the scooter-share operator, except that, for the purposes of subparagraph (1), the local authority may, upon a showing of legitimate necessity, designate a third party to receive trip data from the scooter-share operator if the third party is in privity with the local authority and agrees to the requirements of this section.

      4.  An ordinance enacted pursuant to subsection 2 may not, except as required to protect the health and safety of the public as provided in subsection 1, subject customers of a scooter-share program to requirements more restrictive than those applicable to riders of bicycles or electric bicycles, except those requirements which by their nature only apply to electric scooters.

      5.  An ordinance enacted pursuant to subsection 2 must:

      (a) Prohibit a scooter-share operator from knowingly allowing a person who is under 16 years of age to operate a shared scooter.

      (b) Prohibit a person from knowingly allowing a person who is under the age of 16 to operate a shared scooter.

      (c) Provide that a violation of paragraph (a) or (b) is:

             (1) Not a misdemeanor; and

             (2) Punishable by the imposition of a civil penalty of $250.

      (d) Require a scooter-share operator to maintain insurance coverage that must include, without limitation:

             (1) Commercial general liability insurance in an amount of not less than $1,000,000 for each occurrence and $5,000,000 in the aggregate;

             (2) Motor vehicle insurance with a combined single limit of not less than $1,000,000;

             (3) Umbrella or excess liability coverage with a limit of not less than $5,000,000 for each occurrence and $5,000,000 in the aggregate; and

             (4) If the scooter-share operator has employees, industrial insurance as required pursuant to chapters 616A to 617, inclusive, of NRS.

      6.  As used in this section:

      (a) “Scooter-share operator” means a person offering shared scooters for hire through a scooter-share program.

      (b) “Scooter-share program” means the offering of shared scooters for hire.

      (c) “Shared scooter” means an electric scooter offered for hire as part of a scooter-share program.

      (d) “Trip data” means any data elements related to the use of a shared scooter by a customer of a scooter-share program, including, without limitation, route data, GPS information and timestamps.

      (Added to NRS by 2019, 1882)

      NRS 484A.470  Authority of Department to adopt regulations concerning special mobile equipment.  The Department may adopt regulations relating to the administration and enforcement of provisions in chapters 484A to 484E, inclusive, of NRS pertaining to special mobile equipment as defined in NRS 484A.245.

      (Added to NRS by 2007, 230) — (Substituted in revision for NRS 484.7777)

      NRS 484A.480  Designation of authorized emergency vehicles; equipment; limitations on use of warning devices.

      1.  Except as otherwise provided in NRS 484A.490, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:

      (a) A police or fire department.

      (b) A sheriff’s office.

      (c) The Department of Public Safety, for vehicles that are:

             (1) Operated in the performance of the duty of the Capitol Police Division, the Investigation Division, the Nevada Highway Patrol Division, the State Fire Marshal Division, the Training Division and the Office of the Director of the Department of Public Safety; or

             (2) Designated an authorized emergency vehicle by the Director of the Department of Public Safety.

      (d) The Division of Forestry of the State Department of Conservation and Natural Resources in responding to a fire.

      (e) The Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel in the Department of Motor Vehicles.

      (f) A public ambulance agency.

      (g) A public lifeguard or lifesaving agency.

      2.  A vehicle publicly maintained in whole or in part by the State, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriff’s office or traffic law enforcement department, is an authorized emergency vehicle if:

      (a) The vehicle has a permit, pursuant to NRS 484A.490, from the Department of Public Safety;

      (b) The person operates the vehicle in responding to emergency calls or fire alarms, or at the request of the Nevada Highway Patrol or in the pursuit of actual or suspected violators of the law; and

      (c) The State, county or city does not furnish a publicly owned vehicle for the purposes stated in paragraph (b).

      3.  Every authorized emergency vehicle must be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in chapters 484A to 484E, inclusive, of NRS, which lamp and siren must be in compliance with standards approved by the Department of Public Safety. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.

      4.  An authorized emergency vehicle may be equipped with a system or device that causes the upper-beam headlamps of the vehicle to continue to flash alternately while the system or device is activated. The driver of a vehicle that is so equipped may use the system or device when responding to an emergency call or fire alarm, while escorting a funeral procession, or when in pursuit of an actual or suspected violator of the law. As used in this subsection, “upper-beam headlamp” means a headlamp or that part of a headlamp which projects a distribution of light or composite beam meeting the requirements of subsection 1 of NRS 484D.210.

      5.  Except as otherwise provided in subsection 4, a person shall not operate a motor vehicle with any system or device that causes the headlamps of the vehicle to continue to flash alternately or simultaneously while the system or device is activated. This subsection does not prohibit the operation of a motorcycle equipped with any system or device that modulates the intensity of light produced by the headlamp of the motorcycle, if the system or device is used only during daylight hours and conforms to the requirements of 49 C.F.R. § 571.108.

      6.  A person shall not operate a vehicle with any lamp or device displaying a red light visible from directly in front of the center of the vehicle except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.

      7.  A person shall not operate a vehicle with any lamp or device displaying a blue light, except a motorcycle pursuant to NRS 486.261 or an authorized emergency vehicle.

      (Added to NRS by 1969, 1505; A 1975, 320; 1979, 1814; 1985, 26, 341, 1956; 1989, 1132; 2003, 402; 2011, 343; 2019, 1228) — (Substituted in revision for NRS 484.787)

      NRS 484A.490  Permit for authorized emergency vehicle issued to other vehicles; certain vehicles not considered emergency vehicles.

      1.  The Department of Public Safety may issue permits for authorized emergency vehicles to vehicles required to be operated primarily for the immediate preservation of life or property or for the apprehension of violators of the law. The permits must not be issued to vehicles when there are available comparable services provided by agencies referred to in NRS 484A.480.

      2.  The issuance of the permits to vehicles under this section must be limited to:

      (a) Agencies designated in NRS 484A.480;

      (b) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work;

      (c) Ambulances designed and operated exclusively as such; and

      (d) Supervisory vehicles which are:

             (1) Marked and used to coordinate and direct the response of ambulances to emergencies;

             (2) Privately owned by a person licensed to operate an ambulance; and

             (3) Operated under contract with a local governmental agency and at the request of its law enforcement agency or fire department.

      3.  The following are not emergency vehicles and must not be permitted to operate as such:

      (a) Tow cars;

      (b) Vehicles used by public utilities;

      (c) Vehicles used in merchant patrols;

      (d) Vehicles used in private escort service;

      (e) Privately owned vehicles of volunteer firefighters;

      (f) Privately owned vehicles of reserve members of a police department or a sheriff’s office; and

      (g) Vehicles of private detectives.

      (Added to NRS by 1969, 1505; A 1985, 1957; 1987, 912; 2005, 316; 2011, 344) — (Substituted in revision for NRS 484.789)

VIOLATIONS OF TRAFFIC LAWS

Citations

      NRS 484A.600  Use by governmental entity or agent of photographic, video or digital equipment to gather evidence for issuance of traffic citation.  A governmental entity and any agent thereof shall not use photographic, video or digital equipment for gathering evidence to be used for the issuance of a traffic citation for a violation of chapters 484A to 484E, inclusive, of NRS unless the equipment is held in the hand or installed temporarily or permanently within a vehicle or facility of a law enforcement agency.

      (Added to NRS by 1999, 3278) — (Substituted in revision for NRS 484.910)

      NRS 484A.610  Issuance of forms for traffic citations; maintenance of records of books, electronic devices and citations.

      1.  Every traffic enforcement agency in this State shall provide in appropriate form traffic citations containing notices to appear which must meet the requirements of chapters 484A to 484E, inclusive, of NRS and be:

      (a) Issued in books; or

      (b) Available through an electronic device used to prepare citations.

      2.  The chief administrative officer of each traffic enforcement agency is responsible for the issuance of such books and electronic devices and shall maintain a record of each book, each electronic device and each citation contained therein issued to individual members of the traffic enforcement agency and volunteers of the traffic enforcement agency appointed pursuant to NRS 484B.470. The chief administrative officer shall require and retain a receipt for every book and electronic device that is issued.

      3.  Any traffic citation provided by a traffic enforcement agency pursuant to this section may be designed such that the traffic citation:

      (a) Clearly states at the top of the citation the purpose of the citation and the actions that must be taken by the person to whom the citation is issued;

      (b) Provides in a conspicuous location near the top of the citation fields for the date and time when and the location where the person to whom the citation is issued is required to appear in court; and

      (c) Clearly states, in bold type, the consequences of failing to appear in court.

      (Added to NRS by 1967, 1213; A 1991, 15; 1999, 1148; 2019, 382) — (Substituted in revision for NRS 484.811)

      NRS 484A.615  Court or traffic violations bureau authorized to establish system to allow person to respond to traffic citation by mail or electronic means; requirements of system; exceptions; Nevada Supreme Court may adopt rules regarding system.

      1.  A court having jurisdiction over an offense for which a traffic citation may be issued pursuant to NRS 484A.630 or its traffic violations bureau may establish a system by which, except as otherwise provided in subsection 5, the court or traffic violations bureau may allow a person who has been issued a traffic citation that is filed with the court or traffic violations bureau to make a plea and state his or her defense or any mitigating circumstances by mail, by electronic mail, over the Internet or by other electronic means.

      2.  Except as otherwise provided in subsection 5, if a court or traffic violations bureau has established a system pursuant to subsection 1, a person who has been issued a traffic citation that is filed with the court or traffic violations bureau may, if allowed by the court and in lieu of making a plea and statement of his or her defense or any mitigating circumstances in court, make a plea and state his or her defense or any mitigating circumstances by using the system. Any such plea and statement must be received by the court before the date on which the person is required to appear in court pursuant to the traffic citation.

      3.  If a court or traffic violations bureau allows an eligible person to whom a traffic citation is issued to use a system established pursuant to subsection 1 to make a plea and state his or her defense or any mitigating circumstances and the person chooses to make a plea and state his or her defense or any mitigating circumstances by using such a system, the person waives his or her right to a trial and the right to confront any witnesses.

      4.  Any system established pursuant to subsection 1 must:

      (a) For the purpose of authenticating that the person making the plea and statement of his or her defense or any mitigating circumstances is the person to whom the traffic citation was issued, be capable of requiring the person to submit any of the following information, at the discretion of the court or traffic violations bureau:

             (1) The traffic citation number;

             (2) The name and address of the person;

             (3) The state registration number of the person’s vehicle, if any;

             (4) The number of the driver’s license of the person, if any;

             (5) The offense charged; or

             (6) Any other information required by any rules adopted by the Nevada Supreme Court pursuant to subsection 6.

      (b) Provide notice to each person who uses the system to make a plea and statement of his or her defense or any mitigating circumstances that the person waives his or her right to a trial and the right to confront any witnesses.

      (c) If a plea and statement of the defense or mitigating circumstances is submitted by electronic mail, over the Internet or by other electronic means, confirm receipt of the plea and statement or make available to the person making the plea a copy of the plea and statement.

      5.  A person who has been issued a traffic citation for any of the following offenses may not make a plea and state his or her defense or any mitigating circumstances by using a system established pursuant to subsection 1:

      (a) Aggressive driving in violation of NRS 484B.650;

      (b) Reckless driving in violation of NRS 484B.653;

      (c) Vehicular manslaughter in violation of NRS 484B.657; or

      (d) Driving, operating or being 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 in violation of NRS 484C.110, 484C.120 or 488.410, as applicable.

      6.  The Nevada Supreme Court may adopt rules not inconsistent with the laws of this State to carry out the provisions of this section.

      (Added to NRS by 2019, 380)

      NRS 484A.620  Citation filed with court deemed lawful complaint.  Regardless of whether a citation is prepared electronically or by other means, if the form of citation includes information whose truthfulness is attested as required for a complaint charging commission of the offense alleged in the citation to have been committed, then the citation when filed with a court of competent jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution pursuant to chapters 484A to 484E, inclusive, of NRS.

      (Added to NRS by 1967, 1213; A 1983, 446; 1999, 1149; 2019, 1442) — (Substituted in revision for NRS 484.817)

      NRS 484A.630  Citation: Contents; minimum 5-day notice to appear in court; written promise to appear; physical receipt deemed personal service of notice to appear.

      1.  Whenever a person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484A.720 and 484A.730, the peace officer may prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing a notice to appear in court, the name and address of the person, the state registration number of the person’s vehicle, if any, the number of the person’s driver’s license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary. The peace officer may also request, and the person may provide, the electronic mail address and mobile telephone number of the person for the purpose of enabling the court in which the person is required to appear to communicate with the person. If the peace officer requests such information, the peace officer shall expressly inform the person that providing such information is voluntary and, if the person provides such information, the person thereby gives his or her consent for the court to communicate with the person through such means. The peace officer shall sign the citation and deliver a copy of the citation to the person charged with the violation. If the citation is prepared electronically, the peace officer shall sign the copy of the citation that is delivered to the person charged with the violation.

      2.  The time specified in the notice to appear must be at least 5 days after the alleged violation.

      3.  The place specified in the notice to appear must be before a magistrate, as designated in NRS 484A.750.

      4.  The person charged with the violation may give his or her written promise to appear in court by signing or physically receiving at least one copy of the traffic citation prepared by the peace officer and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the peace officer shall indicate on the electronic record of the citation whether the person charged gave his or her written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave his or her written promise to appear suffices as proof of service.

      5.  If the person charged with the violation refuses to sign a copy of the traffic citation but physically receives a copy of the citation delivered by the peace officer:

      (a) The receipt shall be deemed personal service of the notice to appear in court;

      (b) A copy of the citation signed by the peace officer suffices as proof of service; and

      (c) The peace officer shall not take the person into physical custody for the violation.

      (Added to NRS by 1967, 1211; A 1975, 142; 1991, 15; 1999, 1146; 2017, 1419; 2019, 382, 1442) — (Substituted in revision for NRS 484.799)

      NRS 484A.640  Matching of certain information before officer issues citation or makes arrest; when officer may arrest driver for prior offense.

      1.  Except for a citation issued pursuant to NRS 484A.700, whenever a police officer makes an arrest or issues a citation to a person for any violation of chapters 484A to 484E, inclusive, of NRS, the police officer shall record the name as given by that person, the number of the person’s driver’s license and a brief description of the person’s physical appearance. This information must be maintained in a record for offenses kept at the traffic enforcement agency which employs that officer.

      2.  Whenever a police officer stops a driver of a motor vehicle for any violation of chapters 484A to 484E, inclusive, of NRS and requests information from a traffic enforcement agency concerning that person’s record of prior offenses, the police officer shall compare not only the driver’s name but also the number of his or her driver’s license and physical description with any information obtained from the agency as a result of the request. If the information received from the agency indicates that the driver’s name is on an outstanding warrant for a prior offense, the officer shall not arrest the driver for that prior offense unless the additional information used for comparison also connects the driver with that prior offense.

      (Added to NRS by 1985, 1160) — (Substituted in revision for NRS 484.800)

      NRS 484A.650  Officer to demand proof of insurance; citation for operation of vehicle without insurance or for failure to present proof of insurance.

      1.  Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of chapters 484A to 484E, inclusive, of NRS, except for violating a provision of NRS 484B.440 to 484B.523, inclusive, the officer shall demand proof of the insurance required by NRS 485.185 or 490.0825 and issue a citation as provided in NRS 484A.630 if the officer has probable cause to believe that the driver of the vehicle is in violation of NRS 485.187 or subsection 4 of NRS 490.520. If the driver of the vehicle is not the owner, a citation must also be issued to the owner, and in such a case the driver:

      (a) May sign the citation on behalf of the owner; and

      (b) Shall notify the owner of the citation within 3 days after it is issued.

Ê The agency which employs the peace officer shall immediately forward a copy of the citation to the registered owner of the vehicle, by certified mail, at his or her address as it appears on the certificate of registration.

      2.  When the evidence of insurance provided by the driver of the vehicle upon the demand of the peace officer is in an electronic format displayed on a mobile electronic device, the peace officer may view only the evidence of insurance and shall not intentionally view any other content on the mobile electronic device.

      (Added to NRS by 1987, 1442; A 1993, 2482; 1995, 2733; 2013, 703; 2015, 798) — (Substituted in revision for NRS 484.792)

      NRS 484A.660  Issuance of citation at scene of crash.  Except for felonies and those offenses set forth in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484A.710, a peace officer at the scene of a traffic crash may issue a traffic citation, as provided in NRS 484A.630, or a misdemeanor citation, as provided in NRS 171.1773, to any person involved in the crash when, based upon personal investigation, the peace officer has reasonable and probable grounds to believe that the person has committed any offense pursuant to the provisions of chapters 482 to 486, inclusive, or 706 of NRS in connection with the crash.

      (Added to NRS by 1967, 1212; A 1987, 480; 1989, 1131; 1999, 1147; 2005, 153; 2015, 1635) — (Substituted in revision for NRS 484.801)

      NRS 484A.670  Effect of violation of written promise to appear or failure to comply with notice to appear; when appearance by counsel in lieu of personal appearance is authorized; exceptions.

      1.  Unless a person makes a plea by using a system established by a court or traffic violations bureau in accordance with NRS 484A.615, regardless of the disposition of the charge for which a traffic citation was originally issued, it is unlawful for a person to:

      (a) Violate a written promise to appear in court given to a peace officer upon the issuance of a traffic citation prepared by the peace officer; or

      (b) Fail to appear at the time and place set forth in a notice to appear in court that is contained in a traffic citation prepared by a peace officer.

      2.  Except as otherwise provided in this subsection, a person may comply with a written promise to appear in court or a notice to appear in court by an appearance by counsel. A person who has been convicted of two or more moving traffic violations in unrelated incidents within a 12-month period and is subsequently arrested or issued a citation within that 12-month period shall appear personally in court with or without counsel.

      3.  Except as otherwise provided in NRS 484A.780 and unless a person makes a plea by using a system established by a court or traffic violations bureau in accordance with NRS 484A.615, a warrant may issue upon a violation of a written promise to appear in court or a failure to appear at the time and place set forth in a notice to appear in court.

      (Added to NRS by 1967, 1212; A 1977, 1061; 1999, 1148; 2005, 54; 2007, 2730; 2017, 1420; 2019, 383, 2281) — (Substituted in revision for NRS 484.807)

      NRS 484A.680  Disposition and records of traffic citations.

      1.  Every peace officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this State or of any traffic ordinance of any city or town shall file manually or, if the provisions of subsection 2 are satisfied, file electronically the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.

      2.  A copy of a traffic citation that is prepared electronically and issued to an alleged violator of any provision of the motor vehicle laws of this State or of any traffic ordinance of any city or town may be filed electronically with a court having jurisdiction over the alleged offense or with its traffic violations bureau if the court or traffic violations bureau, respectively:

      (a) Authorizes such electronic filing;

      (b) Has the ability to receive and store the citation electronically; and

      (c) Has the ability to physically reproduce the citation upon request.

      3.  Upon the filing of the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the traffic citation may be disposed of only by trial in that court or other official action by a judge of that court, including forfeiture of the bail, or by the deposit of sufficient bail with, or payment of a fine to, the traffic violations bureau by the person to whom the traffic citation has been issued by the peace officer.

      4.  It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of a traffic citation or copies of it or of the record of the issuance of a traffic citation in a manner other than as required in this section.

      5.  The chief administrative officer of every traffic enforcement agency shall require the return to him or her of a physical copy or electronic record of every traffic citation issued by an officer under his or her supervision to an alleged violator of any traffic law or ordinance and of all physical copies or electronic records of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.

      6.  The chief administrative officer shall also maintain or cause to be maintained a record of every traffic citation issued by officers under his or her supervision. The record must be retained for at least 2 years after issuance of the citation.

      7.  As used in this section, “officer” includes a volunteer appointed to a traffic enforcement agency pursuant to NRS 484B.470.

      (Added to NRS by 1967, 1213; A 1979, 37; 1999, 1148) — (Substituted in revision for NRS 484.813)

      NRS 484A.690  Audit of records of traffic citations.  Every record of traffic citations required in chapters 484A to 484E, inclusive, of NRS must be audited at least annually by the appropriate fiscal officer of the governmental agency to which the traffic enforcement agency is responsible.

      (Added to NRS by 1967, 1213; A 2011, 6) — (Substituted in revision for NRS 484.815)

      NRS 484A.700  When warrant for failure to obey citation for parking violation may be issued; exception.

      1.  A traffic citation for a parking violation may be prepared manually or electronically.

      2.  Except as otherwise provided in subsection 3, when a traffic citation for a parking violation has been issued identifying by license number a vehicle registered to a person who has not signed the citation, a bench warrant may be issued for that person for failure to appear before the court if:

      (a) A notice to appear concerning the violation is first sent to the person by first-class mail within 60 days after the citation is issued; and

      (b) The person does not appear within 20 days after the date of the notice.

      3.  A bench warrant may not be issued pursuant to subsection 2 if the notice to appear is returned with a report that it cannot be delivered.

      (Added to NRS by 1977, 576; A 1981, 401; 1999, 1148; 2019, 383) — (Substituted in revision for NRS 484.810)

Arrests

      NRS 484A.710  Arrest without warrant for certain offenses.

      1.  Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:

      (a) Homicide by vehicle;

      (b) A violation of NRS 484C.110 or 484C.120;

      (c) A violation of NRS 484C.430;

      (d) A violation of NRS 484C.130;

      (e) Failure to stop, give information or render reasonable assistance in the event of a crash resulting in death or personal injuries in violation of NRS 484E.010 or 484E.030;

      (f) Failure to stop or give information in the event of a crash resulting in damage to a vehicle or to other property legally upon or adjacent to a highway in violation of NRS 484E.020 or 484E.040;

      (g) Reckless driving;

      (h) Driving a motor vehicle on a highway or on premises to which the public has access at a time when the person’s driver’s license has been cancelled, revoked or suspended; or

      (i) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to the person pursuant to NRS 483.490.

      2.  Whenever any person is arrested as authorized in this section, the person must be taken without unnecessary delay before the proper magistrate as specified in NRS 484A.750, except that in the case of either of the offenses designated in paragraphs (f) and (g) of subsection 1, a peace officer has the same discretion as is provided in other cases in NRS 484A.730.

      (Added to NRS by 1967, 1210; A 1969, 1509; 1975, 125; 1983, 1080; 1987, 480; 1999, 2461, 3429; 2001, 172; 2005, 152; 2007, 2807; 2015, 1635) — (Substituted in revision for NRS 484.791)

      NRS 484A.720  When person must be taken immediately before magistrate.  Whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS not amounting to a gross misdemeanor or felony, the person shall be taken without unnecessary delay before the proper magistrate, as specified in NRS 484A.750, in either of the following cases:

      1.  When the person demands an immediate appearance before a magistrate; or

      2.  In any other event when the person is issued a traffic citation by an authorized person and refuses to sign or take physical delivery of a copy of the traffic citation.

      (Added to NRS by 1967, 1211; A 2017, 1420; 2019, 1443) — (Substituted in revision for NRS 484.793)

      NRS 484A.730  When peace officer has option to give citation or take person before magistrate.  Whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS and is not required to be taken before a magistrate, the person may, in the discretion of the peace officer, either be given a traffic citation, or be taken without unnecessary delay before the proper magistrate. The person must be taken before the magistrate in any of the following cases:

      1.  When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court or a notice to appear in court;

      2.  When the person is charged with a violation of NRS 484D.580 relating to the refusal of a driver of a vehicle to submit the vehicle to an inspection and test;

      3.  When the person is charged with a violation of NRS 484D.675 relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or

      4.  When the person is charged with a violation of NRS 484C.110 or 484C.120, unless the person is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking the person before the magistrate.

      (Added to NRS by 1967, 1211; A 1969, 1509; 1981, 1362; 2007, 2807; 2017, 1420) — (Substituted in revision for NRS 484.795)

      NRS 484A.740  Arrest of nonresident.

      1.  All of the provisions of chapters 484A to 484E, inclusive, of NRS apply both to residents and nonresidents of this State, except the special provisions in this section, which shall govern in respect to nonresidents.

      2.  A peace officer at the scene of a traffic crash may arrest without a warrant any driver of a vehicle who is a nonresident of this State and who is involved in the crash when, based upon personal investigation, the peace officer has reasonable cause for believing that the person has committed any offense under the provisions of chapters 484A to 484E, inclusive, of NRS in connection with the crash, and if the peace officer has reasonable cause for believing that the person will disregard a written promise to appear in court.

      3.  Whenever any person is arrested under the provisions of this section, the person shall be taken without unnecessary delay before the proper magistrate, as specified in NRS 484A.750.

      (Added to NRS by 1967, 1211; A 2015, 1635) — (Substituted in revision for NRS 484.797)

      NRS 484A.750  Appearance before magistrate having jurisdiction.

      1.  Whenever any person is taken before a magistrate or is given a traffic citation containing a notice to appear before a magistrate as provided for in NRS 484A.630, the magistrate must be a justice of the peace or municipal judge who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred, except that when the offense is alleged to have been committed within an incorporated municipality wherein there is an established court having jurisdiction of the offense, the person must be taken without unnecessary delay before that court.

      2.  For the purpose of this section, the terms “magistrate” and “court” include magistrates and courts having jurisdiction of offenses under the law of this State as committing magistrates and courts and those having jurisdiction of the trials of such offenses.

      (Added to NRS by 1967, 1212; A 1983, 905; 1999, 1147) — (Substituted in revision for NRS 484.803)

      NRS 484A.760  Release of defendant when magistrate not available.  Whenever any person is taken into custody by a peace officer for the purpose of taking him or her before a magistrate or court as authorized or required in chapters 484A to 484E, inclusive, of NRS upon any charge other than a felony or the offenses enumerated in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484A.710, and no magistrate is available at the time of arrest, and there is no bail schedule established by the magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, the person must be released from custody upon the issuance to the person of a misdemeanor citation or traffic citation and the person signing a promise to appear, as provided in NRS 171.1773 or 484A.630, respectively, or physically receiving a copy of the traffic citation, as provided in NRS 484A.630.

      (Added to NRS by 1967, 1212; A 1987, 481; 1999, 1147; 2005, 153; 2017, 1421; 2019, 1443) — (Substituted in revision for NRS 484.805)

      NRS 484A.770  Procedure prescribed for arrest without warrant not exclusive.  NRS 484A.630 to 484A.670, inclusive, and 484A.710 to 484A.760, inclusive, govern all peace officers in making arrests without a warrant for violations of any provision of chapters 484A to 484E, inclusive, of NRS, but the procedure prescribed in those sections is not otherwise exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.

      (Added to NRS by 1967, 1213; A 1985, 1160; 1987, 1442) — (Substituted in revision for NRS 484.809)

Incarceration

      NRS 484A.772  Legislative findings and declarations.  The Legislature hereby finds and declares that the incarceration of a person for failing to appear in court or failing to pay any administrative assessment, fine or court fee imposed for the commission of a minor traffic violation should generally be disfavored unless a court determines that failing to incarcerate such a person would substantially jeopardize public safety.

      (Added to NRS by 2019, 2277)

      NRS 484A.774  Presumption for release of person arrested for traffic violation; exceptions.

      1.  Except as otherwise provided in subsection 2, after a person is arrested for the commission of a traffic violation pursuant to chapters 484A to 484E, inclusive, of NRS, there is a presumption that the person should be released on his or her own recognizance.

      2.  The presumption established in subsection 1 does not apply if:

      (a) A person is arrested for:

             (1) Reckless driving in violation of NRS 484B.653;

             (2) Vehicular manslaughter in violation of NRS 484B.657; or

             (3) Driving, operating or being 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 in violation of NRS 484C.110, 484C.120 or 488.410, as applicable; or

      (b) The court determines that a person is willfully refusing to satisfy any obligations imposed by the court, including, without limitation, willfully refusing to pay any amount owed or willfully refusing to perform community service.

      (Added to NRS by 2019, 2277)

Administrative Assessments, Fines and Court Fees

      NRS 484A.780  30-day grace period must be provided before warrant may be issued to person after failure to appear or failure to pay assessment, fine or fee for traffic violation; exceptions.

      1.  Except as otherwise provided in subsection 2, and subject to the limitation imposed by NRS 484A.782, a grace period of not less than 30 calendar days must be provided to a person who has failed to appear in court or failed to pay any administrative assessment, fine or court fee imposed upon the person for a violation of any provision of chapters 484A to 484E, inclusive, of NRS before a warrant can be issued for such a failure to appear or failure to pay.

      2.  The provisions of subsection 1 do not apply if:

      (a) The court determines that providing such a grace period would substantially jeopardize public safety;

      (b) The person was issued a traffic citation for:

             (1) Reckless driving in violation of NRS 484B.653;

             (2) Vehicular manslaughter in violation of NRS 484B.657; or

             (3) Driving, operating or being 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 in violation of NRS 484C.110, 484C.120 or 488.410, as applicable; or

      (c) During the immediately preceding 30 calendar days, the person was released from custody and given a date to return to court but failed to appear in court.

      (Added to NRS by 2019, 2278)

      NRS 484A.782  Warrant must not be issued for failure to pay assessment, fine or fee for traffic violation unless person provided opportunity to satisfy assessment, fine or fee by way of community service and has failed to perform such service.  If a person has failed to pay any administrative assessment, fine or court fee imposed upon the person for a violation of any provision of chapters 484A to 484E, inclusive, of NRS, a warrant must not be issued unless the person has been provided with the opportunity to perform community service to satisfy the entire amount due and has failed to perform such community service.

      (Added to NRS by 2019, 2278)

      NRS 484A.784  Court fees not expressly authorized by statute or for specialty court participation must be assessed on per case basis.

      1.  Any fee assessed by a court pursuant to chapters 484A to 484E, inclusive, of NRS that is not expressly authorized by statute or is not solely for the purpose of recovering any costs incurred relating to the participation of a person in a specialty court program must be assessed on a per case basis and not on a per charge basis. The provisions of this subsection must not be construed to apply to any credit card processing fees that are assessed solely for the purpose of recouping any costs incurred to process a credit card payment.

      2.  As used in this section:

      (a) “Case” means a single complaint, citation, information or indictment naming a single defendant that is based on the same act or transaction or based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

      (b) “Specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from a mental illness or who abuse alcohol or drugs or are homeless. Such a program includes, without limitation, a program established pursuant to NRS 176A.250 or 453.580.

      (Added to NRS by 2019, 2278)

      NRS 484A.786  Order in which installment payments must be applied.  In accordance with NRS 484A.788 and any provision of law that further specifies the order in which more than one administrative assessment, court fee or fine that is imposed upon a person must be paid, including, without limitation, NRS 176.0611 and 176.0613, if a court imposes upon a person an administrative assessment, court fee or fine for a violation of any provision of chapters 484A to 484E, inclusive, of NRS, and the court permits any such administrative assessment, court fee or fine to be paid in installments, the payments must be applied in the following order:

      1.  To pay the unpaid balance of an administrative assessment;

      2.  To pay the unpaid balance of a court fee; and

      3.  To pay the unpaid balance of a fine.

      (Added to NRS by 2019, 2279)

      NRS 484A.788  Order in which payment must be applied when person has more than one outstanding citation or is charged with more than one offense; exceptions.

      1.  If a traffic citation that is issued to a person contains more than one offense charged, or if a person has been issued more than one traffic citation that is outstanding, any payment made by the person must be applied, in accordance with the provisions of subsection 3 and NRS 484A.786, to one offense or one citation, as applicable, in chronological order beginning with the citation that was issued first until all administrative assessments, court fees and fines due for that offense or citation are paid in full.

      2.  Once all administrative assessments, court fees and fines due for an offense or citation are paid in full, any remaining portion of a payment made by a person must be applied to the next offense or citation, as applicable, until all administrative assessments, court fees and fines due for that offense or citation are paid in full.

      3.  Except as otherwise provided in this subsection, in addition to the manner in which payments must be applied pursuant to subsections 1 and 2, payments must be applied first to traffic violations and then to any violations that are not traffic violations. If the application of any payment pursuant to this subsection would conflict with the provisions of subsections 1 and 2, the requirement set forth in this subsection does not apply.

      4.  Payments made by a person must continue to be applied in the manner set forth in this section until all administrative assessments, court fees and fines due for all offenses charged or all outstanding traffic citations are paid in full.

      (Added to NRS by 2019, 2279)

      NRS 484A.790  Imposition and disposition of fee for traffic violation for purpose of reducing demerit points in lieu of completing course of traffic safety; duties of court collecting such fees; use of money collected.

      1.  Except as otherwise provided in this section, if a court authorizes a defendant who pleads guilty, guilty but mentally ill or nolo contendere to, or who is found guilty or guilty but mentally ill of, a violation of chapters 484A to 484E, inclusive, of NRS to pay a fee for the purpose of reducing demerit points, in lieu of requiring the defendant to complete a course of traffic safety for the purpose of reducing demerit points, the court must include the fee in the sentence, in addition to any other penalty or administrative assessment provided by law, and render a judgment against the defendant for the fee.

      2.  The money collected for the fee imposed pursuant to this section must not be deducted from any fine imposed by the court but must be collected from the defendant in addition to the fine. The money collected for such a fee must be stated separately on the court’s docket. If the court cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the fee remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay them. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of any amount of the fine or fee that the defendant has paid.

      3.  A court shall, if requested by a defendant, allow a fee imposed pursuant to this section to be paid in installments under terms established by the court.

      4.  The money collected for a fee pursuant to this section in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the city treasurer shall deposit:

      (a) Twenty-five percent of the money received for each such fee with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

      (b) Seventy-five percent of the money received for each such fee in a special revenue fund. The city may use the money in the special revenue fund only to:

             (1) Fund local specialty court programs; or

             (2) Pay for upgrades to court information technology.

      5.  The money collected for a fee pursuant to this section in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the county treasurer shall deposit:

      (a) Twenty-five percent of the money received for each such fee with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

      (b) Seventy-five percent of the money received for each such fee in a special revenue fund. The county may use the money in the special revenue fund only to:

             (1) Fund local specialty court programs; or

             (2) Pay for upgrades to court information technology.

      6.  Money that is apportioned to a court from specialty courts fees pursuant to this section must be used by the court to:

      (a) Pay for any level of treatment, including, without limitation, psychiatric care, required for successful completion and testing of persons who participate in the program;

      (b) Pay for the transportation to and from the program of persons who participate in the program; and

      (c) Improve the operations of the specialty court program by any combination of:

             (1) Acquiring necessary capital goods;

             (2) Providing for personnel to staff and oversee the specialty court program;

             (3) Providing training and education to personnel;

             (4) Studying the management and operation of the program;

             (5) Conducting audits of the program;

             (6) Providing for prosecutor and public defender representation;

             (7) Acquiring or using appropriate technology;

             (8) Providing capital for building facilities necessary to house persons who participate in the program;

             (9) Providing funding for employment programs for persons who participate in the program; and

             (10) Providing funding for statewide public information campaigns necessary to deter driving under the influence of intoxicating liquor or a controlled substance.

      7.  As used in this section:

      (a) “Office of Court Administrator” means the Office of Court Administrator created by NRS 1.320; and

      (b) “Specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from a mental illness or who abuse alcohol or drugs or are homeless. Such a program includes, without limitation, a program established pursuant to NRS 176A.250 or 453.580.

      (Added to NRS by 2019, 2279)

      NRS 484A.792  Certain fines and forfeitures of bail must be paid into State Permanent School Fund.  If a person commits any offense for which a local authority is prohibited from enacting an ordinance pursuant to subsection 3 of NRS 484A.400, any fine paid or forfeiture of bail by the person must be paid into the State Treasury for credit to the State Permanent School Fund.

      (Added to NRS by 2019, 2281)

Miscellaneous Provisions

      NRS 484A.798  Conviction for traffic violation not criminal conviction for applying for employment, professional licensure or educational opportunity; exceptions.

      1.  Notwithstanding any other provision of law, and except as otherwise provided in subsection 2, any conviction for a traffic violation pursuant to chapters 484A to 484E, inclusive, of NRS is not a criminal conviction for the purpose of applying for employment, a professional license or any educational opportunity.

      2.  The provisions of subsection 1 do not apply if a person is convicted of:

      (a) Reckless driving in violation of NRS 484B.653;

      (b) Vehicular manslaughter in violation of NRS 484B.657; or

      (c) Driving, operating or being 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 in violation of NRS 484C.110, 484C.120 or 488.410, as applicable.

      (Added to NRS by 2019, 2278)

MISCELLANEOUS PROVISIONS

      NRS 484A.800  Sponsor of special event to provide for control of vehicular traffic.

      1.  Any person or governmental agency sponsoring a special event shall ensure that adequate provision is made for the control of vehicular traffic related to or affected by the event.

      2.  As used in this section, “special event” means any scheduled activity or event:

      (a) That is attended or observed by more than 500 persons; or

      (b) That substantially increases or disrupts the normal flow of traffic on any street or highway.

      (Added to NRS by 1989, 667) — (Substituted in revision for NRS 484.900)

      NRS 484A.805  Peace officer may seize license plates from or impound certain commercial vehicles subject to out-of-service order: Requirements; procedures; notice. [Effective on the earlier of July 1, 2020, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 180, Statutes of Nevada 2017, at page 971.]

      1.  Except as otherwise provided in subsection 4, a peace officer may seize the license plates from a commercial motor vehicle which is:

      (a) Registered or operating in this State pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and has a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 10,000 pounds;

      (b) Registered in this State pursuant to chapter 482 of NRS, operating in intrastate commerce and has a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 26,000 pounds; or

      (c) Transporting hazardous material,

Ê if the peace officer determines that the motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order.

      2.  Upon the seizure of any license plates pursuant to subsection 1, a peace officer shall immediately:

      (a) Provide the motor carrier responsible for the safety of the commercial motor vehicle, if present, or the driver of the commercial motor vehicle if the motor carrier responsible for the safety of the commercial motor vehicle is not present, a notice which explains the procedures required pursuant to this section and NRS 482.465; and

      (b) Transmit the license plates to the Department.

      3.  The Department, upon the receipt of the license plates pursuant to subsection 2, shall proceed as provided in NRS 482.465.

      4.  A peace officer may impound a commercial motor vehicle which meets the requirements of paragraph (a), (b) or (c) of subsection 1 if the peace officer determines that:

      (a) The motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order; and

      (b) The motor carrier responsible for the safety of the commercial motor vehicle is not the registered owner of the vehicle.

      5.  Upon the impounding of a commercial motor vehicle pursuant to subsection 4, the peace officer who impounded the vehicle or the law enforcement agency for which he or she is employed shall notify the registered owner of the commercial motor vehicle of the impoundment as soon as practicable.

      6.  As used in this section:

      (a) “Combined gross vehicle weight” has the meaning ascribed to it in NRS 482.0152.

      (b) “Combined gross vehicle weight rating” has the meaning ascribed to it in NRS 482.0153.

      (c) “Gross vehicle weight” has the meaning ascribed to it in NRS 482.0443.

      (d) “Gross vehicle weight rating” has the meaning ascribed to it in NRS 482.0445.

      (e) “Hazardous material” has the meaning ascribed to it in NRS 459.7024.

      (f) “Out-of-service order” has the meaning ascribed to it in NRS 482.083.

      (Added to NRS by 2017, 980, effective on the earlier of July 1, 2020, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 180, Statutes of Nevada 2017, at page 971)

      NRS 484A.810  Department required to compile list of new and amended traffic laws and related provisions after each legislative session; posting and dissemination of information for public.

      1.  The Department of Motor Vehicles, after each regular session of the Nevada Legislature, shall:

      (a) Compile a list of new traffic laws, changes to existing traffic laws and other new or amended provisions of this title relevant to the operation of a motor vehicle upon the highways of this State made during the immediately preceding legislative session;

      (b) Post information on the Internet website of the Department in a manner designed to inform and educate the public about the new and changed traffic laws and other provisions on the list compiled pursuant to paragraph (a); and

      (c) Disseminate such information in any other manner deemed appropriate by the Department, including without limitation, by including such information in any:

             (1) Information provided to a person applying for the initial issuance of a driver’s license or instruction permit, including any information provided for the purposes of preparing for an examination required pursuant to NRS 483.330; and

             (2) Notices of renewal or other similar information mailed or sent via electronic communication to drivers licensed in this State or to owners of motor vehicles registered in this State.

      2.  The Department may consult with the Office of Traffic Safety of the Department of Public Safety in carrying out the requirements of this section.

      (Added to NRS by 2019, 1226)

GENERAL VIOLATIONS

      NRS 484A.900  Penalty for violation of traffic law when no penalty provided in statute; authority of court to order repeat offender to pay for and attend school for driver training.

      1.  It is unlawful and, unless otherwise declared in chapters 484A to 484E, inclusive, of NRS with respect to a particular offense, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in chapters 484A to 484E, inclusive, of NRS.

      2.  The court may order any person who is twice convicted of violating a provision of chapters 484A to 484E, inclusive, of NRS to pay tuition for and attend a school for driver training which is approved by the Department for retraining such drivers. The person so ordered may choose from those so approved the school which the person will attend. A person who willfully fails to comply with such an order is guilty of a misdemeanor.

      (Added to NRS by 1957, 505; A 1983, 319; 1985, 1945) — (Substituted in revision for NRS 484.999)