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Ely Shoshone Tribal Code

CHAPTER 484 - TRAFFIC LAWS

GENERAL PROVISIONS

SECTION 484.011            Purposes of chapter.

SECTION 484.014            “Administrative roadblock” defined.

SECTION 484.015            “Alley” defined.

SECTION 484.017            “Authorized emergency vehicle” defined.

SECTION 484.019            “Bicycle” defined.

SECTION 484.021            “Bus” defined.

SECTION 484.023            “Bus stand” defined.

SECTION 484.027            “Business district” defined.

SECTION 484.029            “Center” and “centerline” defined.

SECTION 484.035            “Combination of vehicles” defined.

SECTION 484.037            “Commercial vehicle” defined.

SECTION 484.038            “Concentration of alcohol of 0.10 or more in his blood or breath” defined. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

SECTION 484.043            “Crosswalk” defined.

SECTION 484.045            “Curb loading zone” defined.

SECTION 484.048            “Divided highway” defined.

SECTION 484.051            “Driveaway-towaway operation” defined.

SECTION 484.053            “Driver” defined.

SECTION 484.057            “Explosives” defined.

SECTION 484.059            “Farm tractor” defined.

SECTION 484.061            “Flammable liquid” defined.

SECTION 484.063            “Freight curb loading zone” defined.

SECTION 484.064            “Funeral procession” defined.

SECTION 484.065            “Highway” defined.

SECTION 484.067            “House coach” defined.

SECTION 484.069            “House trailer” defined.

SECTION 484.071            “Implement of husbandry” defined.

SECTION 484.073            “Intersection” defined.

SECTION 484.074            “Interstate highway” defined.

SECTION 484.075            “Laned highway” defined.

SECTION 484.077            “License to drive a motor vehicle” defined.

SECTION 484.0792          “Manufactured home” defined.

SECTION 484.0795          “Mobile home” defined.

SECTION 484.0798          “Moped” defined.

SECTION 484.081            “Motor vehicle” defined.

SECTION 484.083            “Motorcycle” defined.

SECTION 484.085            “Nonresident” defined.

SECTION 484.087            “Nonresident’s driving privilege” defined.

SECTION 484.089            “Official traffic-control device” defined.

SECTION 484.091            “Owner” defined.

SECTION 484.097            “Park” and “parking” defined.

SECTION 484.099            “Parking meter” defined.

SECTION 484.101            “Passenger car” defined.

SECTION 484.109            “Passenger curb loading zone” defined.

SECTION 484.111            “Pedestrian” defined.

SECTION 484.1115          “Person with a disability of moderate duration” defined.

SECTION 484.112            “Person with a disability which limits or impairs the ability to walk” defined.

SECTION 484.1135          “Person with a permanent disability” defined.

SECTION 484.1145          “Person with a temporary disability” defined.

SECTION 484.116            “Pole trailer” defined.

SECTION 484.118            “Police officer” defined.

SECTION 484.122            “Premises to which the public has access” defined.

SECTION 484.124            “Private way” and “driveway” defined.

SECTION 484.1245          “Prohibited substance” defined.

SECTION 484.126            “Public authority” defined.

SECTION 484.128            “Railroad” defined.

SECTION 484.131            “Railroad sign” and “railroad signal” defined.

SECTION 484.134            “Railroad train” defined.

SECTION 484.1342          “Recreational vehicle” defined.

SECTION 484.136            “Residence district” defined.

SECTION 484.141            “Right-of-way” defined.

SECTION 484.144            “Road” defined.

SECTION 484.145            “Roadway” defined.

SECTION 484.146            “Safety zone” defined.

SECTION 484.148            “School bus” defined.

SECTION 484.1485          “School crossing zone” defined.

SECTION 484.149            “School zone” defined.

SECTION 484.168            “Semitrailer” defined.

SECTION 484.171            “Sidewalk” defined.

SECTION 484.173            “Special mobile equipment” defined.

SECTION 484.183            “Stand” and “standing” defined.

SECTION 484.185            “Stop” defined.

SECTION 484.187            “Stop” and “stopping” defined.

SECTION 484.189            “Street” defined.

SECTION 484.1905          “Tandem axle” defined.

SECTION 484.191            “Taxicab” defined.

SECTION 484.193            “Taxicab stand” defined.

SECTION 484.194            “Temporary roadblock” defined.

SECTION 484.199            “Through highway” defined.

SECTION 484.201            “Tow car” defined.

SECTION 484.202            “Towable tools or equipment” defined.

SECTION 484.203            “Traffic” defined.

SECTION 484.205            “Traffic-control signal” defined.

SECTION 484.207            “Trailer” defined.

SECTION 484.209            “Traveled portion of highway” defined.

SECTION 484.211            “Truck” defined.

SECTION 484.213            “Truck-tractor” defined.

SECTION 484.215            “Two-directional highway” defined.

SECTION 484.2155          “Urban area” defined.

SECTION 484.216            “U-turn” defined.

SECTION 484.217            “Vehicle” defined.

ACCIDENTS AND REPORTS OF ACCIDENTS

SECTION 484.219            Duty to stop at scene of accident involving death or personal injury; penalty.

SECTION 484.221            Duty to stop at scene of accident involving damage to vehicle or property.

SECTION 484.223            Duty to give information and render aid.

SECTION 484.225            Duty upon damaging unattended vehicle or other property.

SECTION 484.227            Immediate notice to police officer of accident involving unattended vehicle or other property.

SECTION 484.228            Seizure and impoundment of vehicle for failure to surrender license plates and certificate of registration upon suspension of registration.

SECTION 484.236            Failure to report; false report; penalties.

SECTION 484.243            Police to report to Department; report not confidential.

RULES OF THE ROAD

General Duties of Drivers; Applicability and Effect of Traffic Laws

SECTION 484.253            Obedience to police officer.

SECTION 484.254            Obedience to signal of authorized flagman; prosecution of violations; penalties.

SECTION 484.257            Rights and duties of person riding animal or driving vehicle drawn by animal.

SECTION 484.259            Applicability of chapter to person, motor vehicle or other equipment engaged in work upon highway.

SECTION 484.261            Privileges granted to driver of authorized emergency vehicle, official vehicle of regulatory agency or vehicle escorting funeral procession; application of privileges; limitation of privileges.

Traffic Signs, Signals and Markings

SECTION 484.278            Obedience to devices for control of traffic; placement of devices; additional penalty for violation committed in work zone.

SECTION 484.283            Colored lights and lighted arrows as signals on device for control of traffic.

SECTION 484.285            Flashing signals.

SECTION 484.287            Display of unauthorized signs, signals or markings; removal as public nuisance; exceptions; use of advertising revenues to repay bonds.

SECTION 484.289            Interference with official device for control of traffic or sign or signal for railroad prohibited; additional penalty for violation committed in work zone.

Driving on Right Side of Highway; Overtaking and Passing; Use of Highway

SECTION 484.291            Driving on right half of highway required; exceptions; additional penalty for violation committed in work zone.

SECTION 484.293            Duties of drivers passing vehicles proceeding in opposite directions; additional penalty for violation committed in work zone.

SECTION 484.295            Overtaking vehicle on left side: Duties of drivers of overtaking and overtaken vehicle; additional penalty for violation committed in work zone.

SECTION 484.297            When overtaking on right side allowed; additional penalty for violation committed in work zone.

SECTION 484.299            Limitations on overtaking on left side; additional penalty for violation committed in work zone.

SECTION 484.305            Driving on highway having multiple marked lanes for traffic; additional penalty for violation committed in work zone.

SECTION 484.307            Following too closely.

SECTION 484.309            Driving on divided highway: Prohibited turns; additional penalty for violation committed in work zone.

SECTION 484.311            Restricted access onto or from controlled-access highway; additional penalty for violation committed in work zone.

SECTION 484.313            Restrictions on use of controlled-access highway; penalty.

Right-of-Way

SECTION 484.315            Vehicle approaching or entering intersection.

SECTION 484.317            Vehicle turning left.

SECTION 484.319            Vehicle entering intersection marked stop or yield.

SECTION 484.321            Vehicle entering highway from private way.

SECTION 484.322            Vehicle entering or exiting controlled-access highway: Duty to yield right-of-way.

SECTION 484.323            Operation of vehicle on approach of authorized emergency vehicle or official vehicle of regulatory agency.

SECTION 484.324            Vehicles and bicycles.

Pedestrians

SECTION 484.3245          Duties of driver of motor vehicle to pedestrian.

SECTION 484.325            Right-of-way in crosswalk; obedience to signals and other devices for control of traffic.

SECTION 484.327            Crossing other than at crosswalk.

SECTION 484.328            Right-of-way of blind person; penalty.

SECTION 484.329            Use of right half of crosswalk.

SECTION 484.331            Walking along and upon highways; solicitation of ride, business or contribution from driver or occupant of vehicle; presence of intoxicated pedestrian within traveled portion of highway; applicability to riders of animals; criminal penalty.

Turning and Starting and Signals on Stopping and Turning

SECTION 484.333            Required position and method of turning at intersections.

SECTION 484.335            Disobedience of directions of device for control of traffic unlawful; additional penalty for violation committed in work zone.

SECTION 484.337            Allowed and prohibited U-turns; additional penalty for violation committed in work zone.

SECTION 484.339            Turning on curve or crest of grade prohibited.

SECTION 484.341            Starting parked vehicle.

SECTION 484.343            Movement and signals for turning; signal for stopping or decreasing speed.

SECTION 484.345            Signal by hand and arm or signal lamp or device.

SECTION 484.347            Methods of giving signals by hand and arm.

Special Stops Required

SECTION 484.348            Stop required on signal of peace officer; penalties.

SECTION 484.349            Obedience to signal indicating approach of railroad train.

SECTION 484.353            Certain vehicles required to stop at all grade crossings of railroad; exceptions.

SECTION 484.355            Moving heavy equipment at grade crossing of railroad.

SECTION 484.356            Stop required in obedience to direction or traffic-control signal of school crossing guard; penalty.

SECTION 484.357            Overtaking and passing school bus; penalty.

SECTION 484.359            Administrative roadblock: Establishment; minimum requirements.

SECTION 484.3591          Temporary roadblock: Establishment; minimum requirements.

SECTION 484.3593          Authority of police officers not limited by provisions relating to roadblocks.

SECTION 484.3595          Failure to stop at roadblock; penalties.

Restrictions on Speed

SECTION 484.361            Basic rule; additional penalty for violation committed in work zone.

SECTION 484.363            Duty of driver to decrease speed under certain circumstances; additional penalty for violation committed in work zone.

SECTION 484.364            Approach to stopped authorized emergency vehicle making use of flashing lights: Duties of approaching driver; penalty.

SECTION 484.365            School bus: Maximum speed.

SECTION 484.366            School zone or school crossing zone: Speed limit; designation; signs; determination of hours in which speed limit is in effect.

SECTION 484.3665          School zone or school crossing zone: Requirements for signs; placement of portable signs.

SECTION 484.3667          Double penalty for certain traffic violations committed in work zones.

SECTION 484.371            Slow driving; establishment of minimum speed limit.

SECTION 484.373            Duties of driver driving motor vehicle at speed so slow as to impede forward movement of traffic; prohibition against stopping vehicle on roadway so as to impede or block normal and reasonable movement of traffic; exception.

SECTION 484.374            Duty of driver of slow-moving vehicle to turn off roadway; circumstances in which duty arises; criminal penalty.

Aggressive Driving; Reckless Driving; Vehicular Manslaughter

SECTION 484.3765          Aggressive driving; additional penalty for violation committed in work zone.

SECTION 484.377            Reckless driving; penalty for willful or wanton disregard for safety causing death or substantial bodily harm; additional penalties.

SECTION 484.3775          Vehicular manslaughter; additional penalty for violation committed in work zone; notification to Department of conviction by court; recordation of conviction upon driving record of violator.

Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance

SECTION 484.379            Unlawful acts; affirmative defense; additional penalty for violation committed in work zone.

SECTION 484.3792          Penalties; segregation of offender; probation, suspension of sentence and plea bargaining restricted; intermittent confinement; consecutive sentences.

SECTION 484.3793          Evaluation and treatment for alcohol or drug abuse: Definitions.

SECTION 484.37935        Evaluation and treatment for alcohol or drug abuse: Standards for approval of evaluation center.

SECTION 484.37937        Evaluation and treatment for alcohol or drug abuse: Application by first-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence.

SECTION 484.3794          Evaluation and treatment for alcohol or drug abuse: Application by second-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department.

SECTION 484.37943        Evaluation and treatment for alcohol or drug abuse: Evaluation of certain offenders; evaluation to be conducted at evaluation center; exceptions; offender to pay cost of evaluation.

SECTION 484.37945        Evaluation and treatment for alcohol or drug abuse: Placement of offender under clinical supervision of treatment facility; payment of charges for treatment; liability of facility limited.

SECTION 484.3795          Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor.

SECTION 484.37955        Vehicular homicide; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor.

SECTION 484.3796          Evaluation of certain offenders before sentencing; persons qualified to conduct evaluation.

SECTION 484.3798          Fee for chemical analysis.

SECTION 484.383            Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which police officer may direct person to submit to blood test; restrictions on requiring urine test; failure to submit to test; notification of parent or guardian of minor directed to submit to test.

SECTION 484.386            Requirements for evidentiary test of breath to determine concentration of alcohol in breath; use of reasonable force to obtain sample or conduct test.

SECTION 484.391            Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited.

SECTION 484.3935          Presumption that solution or gas used to calibrate device for testing breath is properly prepared.

SECTION 484.394            Analysis of blood of deceased victim of accident involving motor vehicle to determine presence and concentration of alcohol.

Stopping, Standing and Parking

SECTION 484.395            Stopping, standing or parking outside of business or residence district.

SECTION 484.397            Police officer authorized to remove certain vehicles; protocol for selection and use of towing services; duties and liability of tow car operator.

SECTION 484.398            Preservation of criminal evidence on removal of vehicle from highway.

SECTION 484.399            Stopping, standing or parking prohibited in specified places.

SECTION 484.401            Prohibited parking in front of theaters, hotels and other buildings.

SECTION 484.403            Parallel and angle parking; stopping, standing and parking on highways under jurisdiction of Department of Transportation.

SECTION 484.405            Obedience to devices permitting angle parking.

SECTION 484.407            Special license plate or plates and special or temporary parking placards and stickers: Use; alternative use of special plate or plates issued to disabled veterans; limitations.

SECTION 484.408            Parking space designated for handicapped: Signs; required plates, stickers or placards for parking; prohibited acts; penalty.

SECTION 484.4085          Local law enforcement agency authorized to appoint volunteers to enforce certain laws concerning parking for handicapped.

SECTION 484.409            Parked vehicle at nighttime: Reflectors; lights.

SECTION 484.411            Stopping, standing or parking in alley.

SECTION 484.413            All-night parking prohibited.

SECTION 484.418            Parking for certain purposes prohibited.

SECTION 484.421            Parking adjacent to school.

SECTION 484.423            Parking on narrow highway.

SECTION 484.425            Standing or parking on one-way street.

SECTION 484.427            Standing or parking on one-way roadway.

SECTION 484.429            Stopping, standing or parking near hazardous or congested place.

SECTION 484.431            Stopping, standing or parking in zone for loading passengers at curb.

SECTION 484.433            Stopping, standing or parking in zone for loading freight at curb.

SECTION 484.435            Stopping, standing or parking in restricted parking zone.

SECTION 484.437            Stopping, standing and parking of bus or taxicab.

SECTION 484.439            Restricted use of bus and taxicab stands.

SECTION 484.441            Regulation of stopping, standing or parking by local authority.

SECTION 484.443            Stopping, standing or parking in metered parking zone; unlawful tampering with meter.

Miscellaneous Rules

SECTION 484.445            Unattended motor vehicle: Stopping engine, locking ignition and removing key.

SECTION 484.447            Unattended motor vehicle: Standing on grade.

SECTION 484.448            Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.

SECTION 484.449            Limitations on backing.

SECTION 484.451            Driving upon sidewalk.

SECTION 484.453            Obstruction of or interference with driver’s view; interference with driver’s control over driving mechanism; vision of driver through required glass equipment; additional penalty for violation committed in work zone.

SECTION 484.455            Riding in house trailer.

SECTION 484.457            Driving on mountain highway.

SECTION 484.459            Coasting prohibited.

SECTION 484.461            Following fire apparatus prohibited.

SECTION 484.463            Crossing fire hose.

SECTION 484.465            Putting glass or other injurious substance on highway prohibited.

SECTION 484.466            Violation of curfew by drivers who are 16 or 17 years of age; exception for scheduled events; violation does not constitute primary offense.

SECTION 484.467            Driving through funeral or other procession.

SECTION 484.469            Driving in procession.

SECTION 484.471            Permits required for certain parades and processions, sound trucks and oversized or overweight vehicles or equipment; penalty for violation.

SECTION 484.473            Unlawful riding.

SECTION 484.474            Child less than 6 years of age and weighing 60 pounds or less to be secured in child restraint system while being transported in motor vehicle; requirements for system; programs of training; fees; penalties; exceptions.

SECTION 484.475            Boarding or alighting from vehicle; opening door of vehicle.

SECTION 484.477            Motor must be shut off when supply tank being filled with fuel.

SECTION 484.479            Highway closed to traffic: Removal of barriers and signs unlawful; driving on highway unlawful; additional penalty for violation committed in work zone.

SECTION 484.491            Fusee: Limitation on color.

SECTION 484.493            Police officer to remove lights and sirens unlawfully installed or operated.

SECTION 484.495            Driving through safety zone prohibited.

SECTION 484.496            Reflective material required for person directing or controlling traffic near school.

SECTION 484.497            Operator of tow car: Placement of warning signs when rendering assistance to disabled vehicle on certain roadways.

SECTION 484.499            Operator of tow car: Placement of flares, warning lights or reflectors near warning signs when rendering assistance to disabled vehicle on highway during darkness.

Operation of Bicycles and Vehicles for Play

SECTION 484.501            Penalty; responsibility of parent or guardian of minor; applicability to bicycle.

SECTION 484.503            Traffic laws apply to person riding bicycle.

SECTION 484.504            Persons exempt from traffic laws otherwise applicable to person riding bicycle; exception.

SECTION 484.505            Riding on bicycle.

SECTION 484.507            Clinging to another vehicle on roadway prohibited.

SECTION 484.509            Operating bicycle on roadway.

SECTION 484.511            Carrying articles.

SECTION 484.513            Lamps, reflectors and brakes required on bicycles.

Operation of Low-Speed Vehicles

SECTION 484.527            “Low-speed vehicle” defined; highways upon which low-speed vehicles may be operated; exception.

EQUIPMENT OF VEHICLES

Scope and Effect of Regulations

SECTION 484.541            General requirements for equipment.

Lamps and Other Equipment for Lighting

SECTION 484.545            When lighted lamps are required.

SECTION 484.547            Distance of visibility and mounted height of lamps.

SECTION 484.549            Head lamps on motor vehicles and special mobile equipment.

SECTION 484.551            Tail lamps.

SECTION 484.553            Reflectors.

SECTION 484.555            Stop lamps.

SECTION 484.557            Turn signals.

SECTION 484.559            Requirements for pole trailer.

SECTION 484.561            Additional equipment for lighting required on certain vehicles.

SECTION 484.563            Colors of certain lamps, lights and reflectors.

SECTION 484.565            Mounting of reflectors, clearance lamps and side marker lamps.

SECTION 484.567            Visibility requirements for reflectors, clearance lamps, identification lamps and marker lamps.

SECTION 484.569            Obstructed lights.

SECTION 484.571            Lamps on parked vehicle.

SECTION 484.573            Lamps and reflectors on farm tractors, farm equipment and implements of husbandry.

SECTION 484.575            Lamps and reflectors on other vehicles.

SECTION 484.577            Spot lamps, auxiliary lamps and lamps for fog.

SECTION 484.579            Flashing amber warning light: Limitations on operation and display; permit to mount on certain vehicles; fee.

SECTION 484.582            Display of flashing amber warning light and signs by certain vehicles used to sell food or beverage.

SECTION 484.583            Display of flashing amber warning light by vehicle of public utility.

SECTION 484.584            Use and display of blue tail lamps by certain vehicles of Department of Transportation; conditions.

SECTION 484.585            Additional equipment for lighting.

SECTION 484.587            Equipment for lighting road with multiple beams.

SECTION 484.589            Use of equipment for lighting road with multiple beams.

SECTION 484.591            Number and intensity of lamps on front of vehicle.

 

 

Brakes

SECTION 484.593            Equipment required.

SECTION 484.595            Requirements for performance.

SECTION 484.597            Maintenance.

SECTION 484.599            Equipment for towing vehicle.

SECTION 484.601            Arrangement of system; device for control.

SECTION 484.603            Reservoirs.

SECTION 484.605            Warning signals and devices for certain buses, trucks and truck-tractors.

SECTION 484.6055          Conditions upon use of compression brakes; penalty.

  

Other Equipment

SECTION 484.607            Horns and other warning devices.

SECTION 484.609            Unlawful to operate out-of-state or foreign privately owned motor vehicle equipped with red light or siren; exception; penalty.

SECTION 484.611            Mufflers: Prevention of emissions.

SECTION 484.612            Mudguards.

SECTION 484.613            Mirrors on trucks.

SECTION 484.617            Mirrors on all motor vehicles.

SECTION 484.619            Windshield and windows must be unobstructed.

SECTION 484.6195          Restrictions on tinting of windshield or side or rear window.

SECTION 484.621            Windshield wipers.

SECTION 484.627            Certain vehicles to carry pot torches, lanterns or reflectors; display of devices when vehicle is disabled.

SECTION 484.629            Display of warning devices by vehicle of public utility parked at site of work.

SECTION 484.631            Tow cars required to be equipped with broom, shovel and fire extinguisher; duties of driver; failure to perform duties.

SECTION 484.633            Equipment for tow car: Flashing amber warning lamp; flares, lanterns, lights or reflectors.

SECTION 484.637            Equipment for tow car: Rear and stop lamps; portable electric extension cord.

SECTION 484.639            Television-type receiving equipment.

SECTION 484.641            Safety belts and shoulder harness assembly; requirements for child and other passenger; penalty; exemptions.

SECTION 484.6415          Use of safety belts within taxicabs.

SECTION 484.6425          Use of certain studded tires prohibited.

SECTION 484.643            Traction devices, tire chains or snow tires: Use required where highway marked or posted.

SECTION 484.6432          Traction devices, tire chains or snow tires: Requirements under certain circumstances.

SECTION 484.6434          Traction devices, tire chains or snow tires: Installation and mounting.

SECTION 484.6436          Mechanical device to provide traction.

SECTION 484.644            Device for control of pollution: Use required; disconnection or alteration prohibited; exceptions.

SECTION 484.6441          Device for control of pollution: Penalty; proof of conformity may be required.

SECTION 484.646            Emblem for slow moving vehicle displayed on certain vehicles; standards.

INSPECTION OF VEHICLES

SECTION 484.695            Inspection by peace officer or inspector; citation or notice of violation; centers for inspection; standards for tires and brakes.

SECTION 484.697            Operation of vehicle without required equipment or in unsafe condition prohibited; exceptions.

SECTION 484.701            Penalty for failure or refusal to stop and submit to inspection or test.

SIZE, WEIGHT AND LOAD

SECTION 484.737            Prohibited acts concerning size or weight of vehicle; special permit; emergencies; exceptions.

SECTION 484.738            Height of vehicle: Maximum heights with load; exception; unlawful acts.

SECTION 484.7385          Height of vehicle: Maximum ground clearance; exceptions.

SECTION 484.739            Length of vehicle: Restrictions; special permit; exceptions.

SECTION 484.741            Length of vehicle: Penalty.

SECTION 484.744            Operation of motor vehicle exceeding its declared gross weight unlawful.

SECTION 484.745            Maximum weight of vehicle on any axle or per tire.

SECTION 484.748            Limitations on weight for vehicle used by licensed hauler of garbage and refuse.

SECTION 484.7485          Limitations on weight for vehicle used by regional transportation commission or its contractor to provide public mass transportation; exception for certain vehicles used as part of demonstration project; definitions.

SECTION 484.751            Measurement of distance between axles.

SECTION 484.752            Applicability of limits on weight to federal highways; reduction of limits by Department of Transportation or governing body of city or county.

SECTION 484.753            Exemption for traction engine and tractor; circular metal band required.

SECTION 484.759            Maximum width of vehicle; permit for increased size or weight.

SECTION 484.7595          Maximum width of bus.

SECTION 484.7598          Maximum width of recreational vehicle.

SECTION 484.760            Maximum width of trailer, semitrailer, special mobile equipment or equipment for construction or maintenance of highway.

SECTION 484.7605          Width of load of loosely piled agricultural products; restrictions for implement of husbandry moved over highway.

SECTION 484.7615          Applicability of limits on width to federal highways.

SECTION 484.767            Carrying and inspection of permit.

SECTION 484.769            Penalties for operation of oversized or overweight vehicle without permit or in violation of permit.

SECTION 484.771            Load on vehicle.

SECTION 484.773            Regulations: Loading and securing loads; safety chains and cables for combinations of vehicles.

SECTION 484.775            Display of red lights or flag on load.

RESPECTIVE POWERS OF STATE AND LOCAL AUTHORITIES

SECTION 484.783            Local device for control of traffic.

SECTION 484.785            Designation of through highways and intersections requiring stop or yield; vehicle entering intersection.

SECTION 484.787            Designation of authorized emergency vehicles; equipment; limitations on use of warning devices.

SECTION 484.789            Permit for authorized emergency vehicle issued to other vehicles; certain vehicles not considered emergency vehicles.

PROCEDURE UPON ARREST

SECTION 484.791            Arrest without warrant for certain offenses.

SECTION 484.792            Citation for operation of vehicle without insurance or for failure to present proof of insurance.

SECTION 484.795            When peace officer has option to take person before magistrate.

SECTION 484.797            Arrest of nonresident.

SECTION 484.799            Citation: Contents; notice to appear in court; written promise to appear.

SECTION 484.800            Matching of certain information before driver arrested for prior offense.

SECTION 484.801            Authority of peace officer at scene of accident.

SECTION 484.805            Release of defendant when magistrate not available.

SECTION 484.807            Failure to obey citation.

SECTION 484.809            Procedure prescribed for arrest without warrant not exclusive.

SECTION 484.810            Issuance of warrant for failure to obey citation for parking violation.

SECTION 484.813            Disposition and records of traffic citations.

SECTION 484.815            Audit of records of traffic citations.

SECTION 484.817            Copy of citation deemed lawful complaint.

MISCELLANEOUS PROVISIONS

SECTION 484.900            Sponsor of special event to provide for control of vehicular traffic.

SECTION 484.910            Use by governmental entity or agent of photographic, video or digital equipment to gather evidence for issuance of traffic citation.

_________

GENERAL PROVISIONS

SECTION 484.011  Purposes of chapter.  The purpose of this chapter is to establish traffic laws which are uniform throughout the boundaries of the Ely Shoshone Reservation.

 

SECTION 484.014  “Administrative roadblock” defined.  “Administrative roadblock” means any structure, device or means used by police officers to control all traffic through a point on the highway whereby all vehicles may be slowed or stopped for a lawful purpose other than identifying the occupants of the vehicles or an emergency.

SECTION 484.015  “Alley” defined.  “Alley” means a highway:

      1.  Within a city block set apart for public use, vehicular traffic and local convenience.

      2.  Which primarily services access to the rear entrance of abutting property.

      3.  Designed for the special accommodation of abutting property, but not a cul-de-sac.

SECTION 484.017  “Authorized emergency vehicle” defined.  “Authorized emergency vehicle” means a vehicle permitted to depart from certain traffic laws when equipped and operated in the manner provided by law.

SECTION 484.019  “Bicycle” defined.  “Bicycle” means a device propelled by human power upon which a person may ride, having two tandem wheels either of which is over 14 inches in diameter, or every such device generally recognized as a bicycle though equipped with two front or two rear wheels except a moped.

SECTION 484.021  “Bus” defined.  “Bus” means a vehicle owned by the Tribe, 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.

SECTION 484.023  “Bus stand” defined.  “Bus stand” means a fixed area in or adjacent to the highway to be occupied exclusively by buses for layover and operating schedules or in receiving or discharging passengers.

SECTION 484.027  “Business district” defined.  “Business district” means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

SECTION 484.029  “Center” and “centerline” defined.  “Center” or “centerline” means a continuous or broken line marked upon the surface of a highway by paint or otherwise to indicate each portion of a highway allocated to traffic proceeding in the two opposite directions, and, if a line is not marked, it is an imaginary line in the highway equally distant from the edges or curbs of the highway.

SECTION 484.035  “Combination of vehicles” defined.  “Combination of vehicles” means two or more vehicles coupled together.

SECTION 484.037  “Commercial vehicle” defined.  “Commercial vehicle” means every vehicle designed, maintained or used primarily for the transportation of property in furtherance of commercial enterprise.

SECTION 484.038  “Concentration of alcohol of 0.08 or more in his blood or breath” defined.  The phrase “concentration of alcohol of 0.08 or more in his blood or breath” means 0.08 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

 

SECTION 484.043  “Crosswalk” defined.  “Crosswalk” means:

      1.  That part of a highway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traveled portions of highways; or

      2.  Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

SECTION 484.045  “Curb loading zone” defined.  “Curb loading zone” means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

SECTION 484.048  “Divided highway” defined.  “Divided highway” means a highway divided into two or more roadways by means of a physical barrier or dividing section, constructed so as to impede the conflict of vehicular traffic traveling in opposite directions.

SECTION 484.051  “Driveaway-towaway operation” defined.  “Driveaway-towaway operation” means any operation in which any motor vehicle, trailer or semitrailer, singly or in combination, new or used, constitutes the commodity being transported, when one set or more of wheels of any such vehicle are on the highway during the course of transportation, whether or not any such vehicle furnishes the motive power.

SECTION 484.053  “Driver” defined.  “Driver” means every person who drives or is in actual physical control of a vehicle.

SECTION 484.057  “Explosives” defined.  “Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

SECTION 484.059  “Farm tractor” defined.  “Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.

SECTION 484.061  “Flammable liquid” defined.  “Flammable liquid” means any liquid which has a flash point of 70° F., or less, as determined by a tagliabue or equivalent closed-cup test device.

SECTION 484.063  “Freight curb loading zone” defined.  “Freight curb loading zone” means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.

SECTION 484.064  “Funeral procession” defined.  “Funeral procession” means a procession of two or more vehicles accompanying a vehicle containing the body of a deceased person.

SECTION 484.065  “Highway” defined.  “Highway” means the entire width between the boundary lines of every way dedicated to a public authority when any part of the way is open to the use of the public for purposes of vehicular traffic, whether or not the public authority is maintaining the way.

SECTION 484.067  “House coach” defined.  “House coach” means a motor vehicle which is designed, constructed and equipped as a dwelling place or living abode, either permanently or temporarily.

SECTION 484.069  “House trailer” defined.  “House trailer” means:

      1.  A trailer or a semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on a highway; or

      2.  A trailer or semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subsection 1, but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.

SECTION 484.071  “Implement of husbandry” defined.  “Implement of husbandry” means every vehicle designed and adapted exclusively for agricultural, horticultural or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.

SECTION 484.073  “Intersection” defined.  “Intersection” means:

      1.  The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

      2.  Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

      3.  The junction of an alley with a street, road or highway shall not constitute an intersection.

SECTION 484.074  “Interstate highway” defined.  “Interstate highway” means a portion of the Dwight D. Eisenhower National System of Interstate and Defense Highways located within this State as officially designated pursuant to the provisions of Title 23 of the United States Code.

SECTION 484.075  “Laned highway” defined.  “Laned highway” means a highway which is divided into two or more clearly marked lanes for vehicular traffic.

SECTION 484.077  “License to drive a motor vehicle” defined.  “License to drive a motor vehicle” means any license or permit to drive a motor vehicle issued under the laws of this State, including:

      1.  Any temporary license or instruction permit.

      2.  The privilege of any person to drive a motor vehicle whether or not such person holds a valid license.

      3.  Any nonresident’s driving privilege.

 

SECTION 484.0792  “Manufactured home” defined.  “Manufactured home” has the meaning ascribed to it in NRS 489.113..

SECTION 484.0795  “Mobile home” defined.

      1.  “Mobile home” means a vehicular structure which is built on a chassis or frame, is designed to be used with or without a permanent foundation, is capable of being drawn by a motor vehicle and may be used as a dwelling when connected to utilities.

      2.  “Mobile home” includes a vehicular structure as described in subsection 1 which is used permanently or temporarily for the advertising, display, promotion or sale of merchandise or services.

SECTION 484.0798  “Moped” defined.  “Moped” means a vehicle which looks and handles essentially like a bicycle and is propelled by a small engine which produces not more than 2 gross brake horsepower and which has a displacement of not more than 50 cubic centimeters, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

SECTION 484.081  “Motor vehicle” defined.  “Motor vehicle” means every vehicle which is self-propelled but not operated upon rails.

SECTION 484.083  “Motorcycle” defined.  “Motorcycle” means every motor vehicle equipped with a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, including a power cycle but excluding a tractor or a moped.

SECTION 484.085  “Nonresident” defined.  “Nonresident” means every person who is not a resident of this State.

SECTION 484.087  “Nonresident’s driving privilege” defined.  “Nonresident’s driving privilege” means the privilege conferred upon a nonresident by the laws of this State pertaining to the driving by such person of a motor vehicle, or the use of a vehicle owned by such person, in this State.

SECTION 484.089  “Official traffic-control device” defined.  “Official traffic-control device” means every sign, signal, marking and device not inconsistent with this chapter or prohibited by law, placed or erected by a public authority or railroad for the purpose of regulating, warning or guiding traffic.

SECTION 484.091  “Owner” defined.  “Owner” means a person who holds the legal title to a vehicle. The term includes a conditional vendee or lessee, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with or without the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee. The term also includes a mortgagor, in the event of a mortgage of the vehicle, when the mortgagor of a vehicle is entitled to possession.

SECTION 484.097  “Park” and “parking” defined.  “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers.

SECTION 484.101  “Passenger car” defined.  “Passenger car” means every motor vehicle, except motorcycles, power cycles and motor-driven cycles, designed for carrying 10 passengers or less and used for the transportation of persons.

SECTION 484.109  “Passenger curb loading zone” defined.  “Passenger curb loading zone” means an area adjacent to a curb or edge of a highway reserved for the exclusive use of vehicles during the loading or unloading of passengers.

SECTION 484.111  “Pedestrian” defined.  “Pedestrian” means a person afoot, a person in a manual or motorized wheelchair, or a person on an electric personal assistive mobility device as defined in SECTION 482.029.

SECTION 484.1115  “Person with a disability of moderate duration” defined.  “Person with a disability of moderate duration” has the meaning ascribed to it in NRS 482.3833.

SECTION 484.112  “Person with a disability which limits or impairs the ability to walk” defined.  “Person with a disability which limits or impairs the ability to walk” has the meaning ascribed to it in NRS 482.3835.

SECTION 484.1135  “Person with a permanent disability” defined.  “Person with a permanent disability” has the meaning ascribed to it in NRS 482.3837.

SECTION 484.1145  “Person with a temporary disability” defined.  “Person with a temporary disability” has the meaning ascribed to it in NRS 482.3839.

SECTION 484.116  “Pole trailer” defined.  “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

SECTION 484.118  “Police officer” defined.  “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic laws, ordinances or regulations.

SECTION 484.122  “Premises to which the public has access” defined.

      1.  “Premises to which the public has access” means property in private or public ownership onto which members of the public regularly enter, are reasonably likely to enter, or are invited or permitted to enter as invitees or licensees, whether or not access to the property by some members of the public is restricted or controlled by a person or a device.

      2.  The term includes, but is not limited to:

      (a) A parking deck, parking garage or other parking structure.

      (b) A paved or unpaved parking lot or other paved or unpaved area where vehicles are parked or are reasonably likely to be parked.

      (c) A way that provides access to or is appurtenant to:

             (1) A place of business;

             (2) A governmental building;

             (3) An apartment building;

             (4) A mobile home park;

             (5) A residential area or residential community which is gated or enclosed or the access to which is restricted or controlled by a person or a device; or

             (6) Any other similar area, community, building or structure.

      3.  The term does not include:

      (a) A private way on a farm.

      (b) The driveway of an individual dwelling.

SECTION 484.124  “Private way” and “driveway” defined.  “Private way” or “driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

SECTION 484.1245  “Prohibited substance” defined.  “Prohibited substance” means any of the following substances if the person who uses the substance has not been issued a valid prescription to use the substance and the substance is classified in schedule I or II pursuant to SECTION 453.166 when it is used:

      1.  Amphetamine.

      2.  Cocaine or cocaine metabolite.

      3.  Heroin or heroin metabolite (morphine or 6-monoacetyl morphine).

      4.  Lysergic acid diethylamide.

      5.  Marijuana or marijuana metabolite.

      6.  Methamphetamine.

      7.  Phencyclidine.

SECTION 484.126  “Public authority” defined.  “Public authority” means the Department of Transportation or the local authority having jurisdiction to enact laws or ordinances or adopt regulations relating to traffic over a highway.

SECTION 484.128  “Railroad” defined.  “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

SECTION 484.131  “Railroad sign” and “railroad signal” defined.  “Railroad sign” or “railroad signal” means any sign, signal or device erected by a public authority or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

SECTION 484.134  “Railroad train” defined.  “Railroad train” means a steam, electric or other motor engine, with or without cars coupled thereto, operated upon stationary rails, except streetcars.

SECTION 484.1342  “Recreational vehicle” defined.  “Recreational vehicle” has the meaning ascribed to it in SECTION 482.101.

SECTION 484.136  “Residence district” defined.  “Residence district” means the territory contiguous to a highway not comprising a business district when the frontage on such for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for residence.

SECTION 484.141  “Right-of-way” defined.  “Right-of-way” means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

SECTION 484.144  “Road” defined.  “Road” means the entire width between the boundary lines of every highway outside the territorial limits of a city and open to the use of the public for purposes of vehicular traffic.

SECTION 484.145  “Roadway” defined.  “Roadway” means that portion of a highway which is improved and ordinarily used for vehicular traffic, exclusive of the shoulder.

 

SECTION 484.146  “Safety zone” defined.  “Safety zone” means the area officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.

SECTION 484.148  “School bus” defined.

      1.  “School bus” means every motor vehicle owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.

      2.  “School bus” does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the Surface Transportation Board or the Transportation Services Authority when such vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.

SECTION 484.1485  “School crossing zone” defined.  “School crossing zone” means those sections of streets not adjacent to school property that pupils cross while following a designated walking route to school.

SECTION 484.149  “School zone” defined.  “School zone” means those sections of streets which are adjacent to school property.

SECTION 484.168  “Semitrailer” defined.  “Semitrailer” means every vehicle so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, except a pole trailer.

SECTION 484.171  “Sidewalk” defined.  “Sidewalk” means that portion of a highway between the curb lines or the lateral lines of a highway and the adjacent property lines intended for the use of pedestrians.

SECTION 484.173  “Special mobile equipment” defined.

      1.  “Special mobile equipment” means every 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 self-propelled cranes and earth-moving equipment.

      2.  “Special mobile equipment” does not include house trailers, dump trucks, truck-mounted transit mixers, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

      3.  The Director may make an individual determination as to whether any particular vehicle, not specifically enumerated in subsections 1 and 2, is special mobile equipment as defined in this section.

SECTION 484.183  “Stand” and “standing” defined.  “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

SECTION 484.185  “Stop” defined.  “Stop,” when required, means complete cessation from movement.

SECTION 484.187  “Stop” and “stopping” defined.  “Stop” or “stopping” means, when prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

SECTION 484.189  “Street” defined.  “Street” means the entire width between the boundary lines of every highway inside the territorial limits of a city when any part of such highway is open to the use of the public for purposes of vehicular traffic.

SECTION 484.1905  “Tandem axle” defined.  “Tandem axle” means any two or more consecutive axles whose centers are more than 40 inches, but not more than 96 inches apart and are individually attached to or articulated from a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles.

SECTION 484.191  “Taxicab” defined.  “Taxicab” means a motor vehicle designed or constructed to accommodate and transport not more than six passengers, including the driver, and used to transport passengers for a charge or fee.

SECTION 484.193  “Taxicab stand” defined.  “Taxicab stand” means a fixed area in a highway parallel and adjacent to the curb or edge of the highway and set aside for taxicabs to stand for passengers.

SECTION 484.194  “Temporary roadblock” defined.  “Temporary roadblock” means any structure, device or means used by police officers to control traffic at a place on a highway whereby vehicles may be slowed or stopped:

      1.  To identify the occupants of those vehicles; or

      2.  Because of the existence of an emergency.

SECTION 484.199  “Through highway” defined.  “Through highway” means every highway or portion thereof on which vehicular traffic is given the right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either an authorized stop sign or a yield sign, or other official traffic-control device.

SECTION 484.201  “Tow car” defined.  “Tow car” means a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, hoist, tow bar, towline or dolly, or is otherwise exclusively used to render assistance to other vehicles.

SECTION 484.202  “Towable tools or equipment” defined.

      1.  “Towable tools or equipment” means all tools or equipment:

      (a) Mounted on wheels;

      (b) Whose body does not exceed 70 inches in width;

      (c) Designed for towing by a motor vehicle; and

      (d) Which is not designed or used primarily for the transportation of persons or property, but is only incidentally operated or moved upon a highway.

      2.  The term includes without limitation air compressors, concrete mixers, arc welders, tarpots, engine hoists, concrete pumps, plaster mixers, mortar mixers, grout pumps, portable conveyors, generators, log splitters, brush chippers, spray rigs, tree spades, scissor lifts, light towers, pumps, steam cleaners, sand blasters, welders, stump grinders, radial arm saws, sod cutters, aerators, pavement rollers, and scaffolding.

SECTION 484.203  “Traffic” defined.  “Traffic” means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together using any highway for purposes of travel.

SECTION 484.205  “Traffic-control signal” defined.  “Traffic-control signal” means any official traffic-control device, whether manually, electrically or mechanically operated, placed or erected by a public authority or railroad, by which traffic is alternately directed to stop or proceed.

SECTION 484.207  “Trailer” defined.  “Trailer” means every vehicle designed to be drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle, except a pole trailer.

SECTION 484.209  “Traveled portion of highway” defined.  “Traveled portion of highway” means that portion of a highway improved, designed or ordinarily used for vehicular traffic, exclusive of the berm or shoulder.

SECTION 484.211  “Truck” defined.  “Truck” means every motor vehicle which is used for the transportation or delivery of goods with a body built and designed for that purpose.

SECTION 484.213  “Truck-tractor” defined.  “Truck-tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than the part of the weight of the vehicle and load so drawn.

SECTION 484.215  “Two-directional highway” defined.  “Two-directional highway” means an undivided highway upon which vehicles are allowed to proceed in opposite directions.

SECTION 484.2155  “Urban area” defined.  “Urban area” means the area encompassed within the city limits of a city whose population is 10,000 or more.

SECTION 484.216  “U-turn” defined.  “U-turn” means the turning of a vehicle upon a highway so as to proceed in the opposite direction, whether accomplished by one continuous movement or not.

SECTION 484.217  “Vehicle” defined.  “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except:

      1.  Devices moved by human power or used exclusively upon stationary rails; and

      2.  Electric personal assistive mobility devices as defined in SECTION 482.029.

ACCIDENTS AND REPORTS OF ACCIDENTS

SECTION 484.219  Duty to stop at scene of accident involving death or personal injury; penalty.

      1.  The driver of any vehicle involved in an accident on a highway or on premises to which the public has access resulting in bodily injury to or the death of a person shall immediately stop his vehicle at the scene of the accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of SECTION 484.223.

      2.  Every such stop must be made without obstructing traffic more than is necessary.

      3.  A person failing to comply with the provisions of subsection 1 is guilty of a Category A offense.

SECTION 484.221  Duty to stop at scene of accident involving damage to vehicle or property.  The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop his vehicle at the scene of the accident or, if his vehicle is obstructing traffic, at a location as close thereto as possible that does not obstruct traffic, and shall forthwith return to and remain at the scene of the accident until he has fulfilled the requirements of SECTION 484.223.

SECTION 484.223  Duty to give information and render aid.

      1.  The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:

      (a) Give his name, address and the registration number of the vehicle he is driving, and shall upon request and if available exhibit his license to operate a motor vehicle to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident;

      (b) Give such information and upon request manually surrender such license to any police officer at the scene of the accident or who is investigating the accident; and

      (c) Render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.

      2.  If no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection 1 and SECTION 484.219, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of a police authority or of the Nevada Highway Patrol and submit thereto the information specified in subsection 1.

SECTION 484.225  Duty upon damaging unattended vehicle or other property.  The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.

SECTION 484.227  Immediate notice to police officer of accident involving unattended vehicle or other property.

      1.  The driver of a vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately by the quickest means of communication give notice of such accident to the nearest office of a police authority or of the Nevada Highway Patrol.

      2.  Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection 1 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.

SECTION 484.228  Seizure and impoundment of vehicle for failure to surrender license plates and certificate of registration upon suspension of registration.

      1.  A peace officer at the scene of an accident involving a motor vehicle shall, by radio, request that the information on file with the Department be checked regarding the validity of the registration for each motor vehicle involved in the accident. If he is informed that the registration of a motor vehicle involved in the accident has been suspended pursuant to any provision of chapter 485 of the NRS, he shall determine whether the license plates and certificate of registration for the motor vehicle have been surrendered as required by NRS 485.320. If the license plates and certificate have not been surrendered, the peace officer shall:

      (a) Issue a traffic citation in the manner provided in SECTION 484.799 charging the registered owner with a violation of NRS 485.320and 485.330; and

      (b) Without a warrant, seize and take possession of the motor vehicle and cause it to be towed and impounded until the owner claims it by:

             (1) Presenting proof that the vehicle’s registration has been reinstated by the Department; and

             (2) Paying the cost of the towing and impoundment.

      2.  Neither the peace officer nor the governmental entity which employs him is civilly liable for any damage to the vehicle that occurs after the vehicle is seized, but before the towing process begins.

SECTION 484.236  Failure to report; false report; penalties.

      1.  If a person willfully fails, refuses or neglects to make a report of an accident in accordance with the provisions of this chapter, his driving privilege may be suspended. Suspension action taken under this section remains in effect for 1 year unless terminated by receipt of the report of the accident or upon receipt of evidence that failure to report was not willful.

      2.  Any person who gives information in oral or written reports as required in this chapter, knowing or having reason to believe that such information is false, is guilty of a Category B offense.

 

RULES OF THE ROAD

General Duties of Drivers; Applicability and Effect of Traffic Laws

SECTION 484.253  Obedience to police officer.  It is unlawful for any person willfully to fail or refuse to comply with any lawful order or direction of any police officer while he is performing his duties in the enforcement of this chapter.

SECTION 484.254  Obedience to signal of authorized flagman; prosecution of violations; penalties.

      1.  It is unlawful for a driver of a vehicle to fail or refuse to comply with any signal of an authorized flagman serving in a traffic control capacity in a clearly marked area of highway construction or maintenance.

      2.  A prosecuting attorney shall prosecute all violations of subsection 1 which occur in his jurisdiction and which result in injury to any person performing highway construction or maintenance unless the tribal attorney has good cause for not prosecuting the violation. In addition to any other penalty, if a driver violates any provision of subsection 1 and the violation results in injury to any person performing highway construction or maintenance, or in damage to property is guilty of a Category D offense.

      3.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in SECTION 484.3667.

      4.  As used in this section, “authorized flagman serving in a traffic control capacity” means:

      (a) An employee of the Department of Transportation or of a contractor performing highway construction or maintenance for the Department of Transportation while he is carrying out the duties of his employment;

      (b) An employee of any other governmental entity or of a contractor performing highway construction or maintenance for the governmental entity while he is carrying out the duties of his employment; or

      (c) Any other person employed by a private entity performing highway construction or maintenance while he is carrying out the duties of his employment if the person has satisfactorily completed training as a flagman approved or recognized by the Department of Transportation.

SECTION 484.257  Rights and duties of person riding animal or driving vehicle drawn by animal.  Every person riding an animal or driving any animal-drawn vehicle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except those provisions which by their nature can have no application.

SECTION 484.259  Applicability of chapter to person, motor vehicle or other equipment engaged in work upon highway.

      1.  Except for the provisions of NRS 484.379 to 484.3947, inclusive, and any provisions made applicable by specific statute, the provisions of this chapter do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway.

      2.  The provisions of this chapter apply to the persons, teams, motor vehicles and other equipment described in subsection 1 when traveling to or from such work.

SECTION 484.261  Privileges granted to driver of authorized emergency vehicle, official vehicle of regulatory agency or vehicle escorting funeral procession; application of privileges; limitation of privileges.

      1.  The driver of an authorized emergency vehicle or an official vehicle of a regulatory agency, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, or a vehicle escorting a funeral procession, may:

      (a) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.

      (b) Exceed any speed limits so long as he does not endanger life or property, except that a vehicle escorting a funeral procession may not exceed the speed limit by more than 15 miles per hour to overtake the procession and direct traffic at the next intersection.

      (c) Disregard regulations governing direction of movement or turning in specified directions. The driver of a vehicle escorting a funeral procession may direct the movements of the vehicles in the procession in a similar manner and may direct the movements of other vehicles.

      2.  The privileges granted in subsection 1 apply only when the vehicle is making use of:

      (a) Audible and visual signals; or

      (b) Visual signals only,

as required by law.

      3.  The driver of an authorized emergency vehicle or an official vehicle of a regulatory agency may park or stand without regard to the provisions of this chapter if he makes use of a warning lamp.

      4.  The provisions of this section do not relieve the driver from the duty to drive with due regard for the safety of all persons and do not protect the driver from the consequences of his reckless disregard for the safety of others.

Traffic Signs, Signals and Markings

SECTION 484.278  Obedience to devices for control of traffic; placement of devices; additional penalty for violation committed in work zone.

      1.  It is unlawful for any driver to disobey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer.

      2.  No provision of this chapter for which such devices are required may be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular provision of this chapter does not state that such devices are required, the provision is effective even though no devices are erected or in place.

      3.  Whenever devices are placed in position approximately conforming to the requirements of this chapter, such devices are presumed to have been so placed by the official act or direction of a public authority, unless the contrary is established by competent evidence.

      4.  Any device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices is presumed to comply with the requirements of this chapter unless the contrary is established by competent evidence.

      5.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.283  Colored lights and lighted arrows as signals on device for control of traffic.

      1.  Whenever traffic is controlled by official traffic-control devices exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the manual and specifications adopted by the Department of Transportation, only the colors green, yellow and red may be used, except for special pedestrian-control devices carrying a word legend as provided in SECTION 484.325. The lights, arrows and combinations thereof indicate and apply to drivers of vehicles and pedestrians as provided in this section.

      2.  When the signal is circular green alone:

      (a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless another device at the place prohibits either or both such turns. Such vehicular traffic, including vehicles turning right or left, must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in SECTION 484.325.

      3.  Where the signal is circular green with a green turn arrow:

      (a) Vehicular traffic facing the signal may proceed to make the movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but the traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time the signal is exhibited. Drivers turning in the direction of the arrow when displayed with the circular green are thereby advised that so long as a turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in SECTION 484.325.

      4.  Where the signal is a green turn arrow alone:

      (a) Vehicular traffic facing the signal may proceed only in the direction indicated by the arrow signal so long as the arrow is illuminated, but the traffic must yield the right-of-way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection.

      (b) Pedestrians facing such a signal shall not enter the highway until permitted to proceed by another device as provided in SECTION 484.325.

      5.  Where the signal is a green straight-through arrow alone:

      (a) Vehicular traffic facing the signal may proceed straight through, but must not turn right or left. Such vehicular traffic must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

      (b) Pedestrians facing such a signal may proceed across the highway within the appropriate marked or unmarked crosswalk, unless directed otherwise by another device as provided in SECTION 484.325.

      6.  Where the signal is a steady yellow signal alone:

      (a) Vehicular traffic facing the signal is thereby warned that the related green movement is being terminated or that a steady red indication will be exhibited immediately thereafter, and such vehicular traffic shall not enter the intersection when the red signal is exhibited.

      (b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in SECTION 484.325, are thereby advised that there is insufficient time to cross the highway.

      7.  Where the signal is a steady red signal alone:

      (a) Vehicular traffic facing the signal must stop before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicates where the stop must be made, or in the absence of any such crosswalk, sign or marking, then before entering the intersection, and, except as provided in paragraph (c), must remain stopped or standing until the green signal is shown.

      (b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in SECTION 484.325.

      (c) After complying with the requirement to stop, vehicular traffic facing such a signal and situated on the extreme right of the highway may proceed into the intersection for a right turn only when the intersecting highway is two-directional or one-way to the right, or vehicular traffic facing such a signal and situated on the extreme left of a one-way highway may proceed into the intersection for a left turn only when the intersecting highway is one-way to the left, but must yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection.

      (d) Vehicular traffic facing the signal may not proceed on or through any private or public property to enter the intersecting street where traffic is not facing a red signal to avoid the red signal.

      8.  Where the signal is a steady red with a green turn arrow:

      (a) Vehicular traffic facing the signal may enter the intersection only to make the movement indicated by the green turn arrow, but must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Drivers turning in the direction of the arrow are thereby advised that so long as the turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in SECTION 484.325.

      9.  If a signal is erected and maintained at a place other than an intersection, the provisions of this section are applicable except as to those provisions which by their nature can have no application. Any stop required must be made at a sign or pavement marking indicating where the stop must be made, but in the absence of any such device the stop must be made at the signal.

      10.  Whenever signals are placed over the individual lanes of a highway, the signals indicate, and apply to drivers of vehicles, as follows:

      (a) A downward-pointing green arrow means that a driver facing the signal may drive in any lane over which the green signal is shown.

      (b) A red “X” symbol means a driver facing the signal must not enter or drive in any lane over which the red signal is shown.

SECTION 484.285  Flashing signals.  Whenever an illuminated flashing red or yellow signal is used in conjunction with an official traffic-control device, it shall require obedience by vehicular traffic as follows:

      1.  When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk in an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a required stop.

      2.  When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed past such signal and through the intersection or other hazardous location only with caution.

SECTION 484.287  Display of unauthorized signs, signals or markings; removal as public nuisance; exceptions.

      1.  It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in subsection 4, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.128 and 269.129.

      2.  Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.

      3.  This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.

      4.  A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.

      5.  As used in this section, “monorail station” means:

      (a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and

      (b) Any facilities or appurtenances within such a structure.

SECTION 484.289  Interference with official device for control of traffic or sign or signal for railroad prohibited; additional penalty for violation committed in work zone.

      1.  A person shall not, without lawful authority, attempt to or alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insigne thereon, or any other part thereof.

      2.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

Driving on Right Side of Highway; Overtaking and Passing; Use of Highway

SECTION 484.291  Driving on right half of highway required; exceptions; additional penalty for violation committed in work zone.

      1.  Upon all highways of sufficient width a vehicle must be driven upon the right half of the highway, except as follows:

      (a) When overtaking and passing another vehicle proceeding in the same direction under the laws governing such movements;

      (b) When the right half of the highway is closed to traffic;

      (c) Upon a highway divided into three lanes for traffic under the laws applicable thereon;

      (d) Upon a highway designated and posted for one-way traffic; or

      (e) When the highway is not of sufficient width.

      2.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.293  Duties of drivers passing vehicles proceeding in opposite directions; additional penalty for violation committed in work zone.

      1.  Drivers of vehicles proceeding in opposite directions shall pass each other keeping to the right, and upon highways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the paved portion of the highway as nearly as possible.

      2.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.295  Overtaking vehicle on left side: Duties of drivers of overtaking and overtaken vehicle; additional penalty for violation committed in work zone.

      1.  The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle.

      2.  Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle upon observing the overtaking vehicle or hearing a signal. The driver of an overtaken vehicle shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

      3.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.297  When overtaking on right side allowed; additional penalty for violation committed in work zone.

      1.  The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

      (a) When the driver of the vehicle overtaken is making or signaling to make a left turn.

      (b) Upon a highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction.

      (c) Upon any highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

      2.  The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.

      3.  The driver of a vehicle shall not overtake and pass another vehicle upon the right when such movement requires driving off the paved portion of the highway.

SECTION 484.299  Limitations on overtaking on left side; additional penalty for violation committed in work zone.

      1.  A vehicle must not be driven to the left side of the center of a two-lane, two-directional highway and overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

      2.  A vehicle must not be driven to the left side of the highway at any time:

      (a) When approaching the crest of a grade or upon a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.

      (b) When approaching within 100 feet or traversing any intersection or railroad grade crossing.

      (c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

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

      4.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

 

SECTION 484.305  Driving on highway having multiple marked lanes for traffic; additional penalty for violation committed in work zone.

      1.  If a highway has two or more clearly marked lanes for traffic traveling in one direction, vehicles must:

      (a) Be driven as nearly as practicable entirely within a single lane; and

      (b) Not be moved from that lane until the driver has given the appropriate turn signal and ascertained that such movement can be made with safety.

      2.  Upon a highway which has been divided into three clearly marked lanes, a vehicle must not be driven in the extreme left lane at any time. A vehicle on such a highway must not be driven in the center lane except:

      (a) When overtaking and passing another vehicle where the highway is clearly visible and the center lane is clear of traffic for a safe distance;

      (b) In preparation for a left turn; or

      (c) When the center lane is allocated exclusively to traffic moving in the direction in which the vehicle is proceeding and a sign is posted to give notice of such allocation.

      3.  If a highway has been designed to provide a single center lane to be used only for turning by traffic moving in both directions, the following rules apply:

      (a) A vehicle may be driven in the center turn lane only for the purpose of making a left-hand turn onto or from the highway.

      (b) A vehicle must not travel more than 200 feet in a center turn lane before making a left-hand turn from the highway.

      (c) A vehicle must not travel more than 50 feet in a center turn lane after making a left-hand turn onto the highway before merging with traffic.

      4.  If a highway has been designed to provide a single right lane to be used only for turning, a vehicle must:

      (a) Be driven in the right turn lane only for the purpose of making a right turn; and

      (b) While being driven in the right turn lane, not travel through an intersection.

      5.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

 

SECTION 484.307  Following too closely.

      1.  The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

      2.  The driver of any truck or combination of vehicles 80 inches or more in overall width, which is following a truck, or combination of vehicles 80 inches or more in overall width, shall, whenever conditions permit, leave a space of 500 feet so that an overtaking vehicle may enter and occupy such space without danger, but this shall not prevent a truck or combination of vehicles from overtaking and passing any vehicle or combination of vehicles. This subsection does not apply to any vehicle or combination of vehicles while moving on a highway on which there are two or more lanes available for traffic moving in the same direction.

      3.  Motor vehicles being driven upon any highway outside of a business district in a caravan or motorcade, whether or not towing other vehicles, shall be operated to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle or combination of vehicles to enter and occupy such space without danger.

SECTION 484.309  Driving on divided highway: Prohibited turns; additional penalty for violation committed in work zone.

      1.  Every vehicle driven upon a divided highway must be driven only upon the right-hand roadway and must not be driven over, across or within any dividing space, barrier or section or make any left turn, semicircular turn or U-turn, except through an opening in the barrier or dividing section or space or at a crossover or intersection established by a public authority.

      2.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.311  Restricted access onto or from controlled-access highway; additional penalty for violation committed in work zone.

      1.  When official traffic-control devices are erected giving notice thereof, a person shall not drive a vehicle onto or from any controlled-access highway except at those entrances and exits which are indicated by such devices.

      2.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

 

SECTION 484.313  Restrictions on use of controlled-access highway; penalty.

      1.  The Department of Transportation or a local authority, after considering the advice of the Nevada Bicycle Advisory Board, may with respect to any controlled-access highway under its jurisdiction:

      (a) Require a permit for the use of the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle; or

      (b) If it determines that the use of the highway for such a purpose would not be safe, prohibit the use of the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle.

      2.  Any person who violates any prohibition or restriction enacted pursuant to subsection 1 is guilty of a Category D offense.

Right-of-Way

SECTION 484.315  Vehicle approaching or entering intersection.

      1.  The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

      2.  When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

      3.  When two vehicles enter an intersection at approximately the same time, one vehicle traveling on a highway which ends at the intersection and the other vehicle traveling on a through highway, the driver of the vehicle on the highway which ends at the intersection shall yield the right-of-way to the other vehicle.

      4.  When a vehicle enters an intersection controlled by a traffic-control signal which is installed and has its vehicular signals uncovered, but is inoperative at the time the vehicle enters the intersection, the driver of the vehicle shall proceed as if a stop sign had been erected at each entrance to the intersection and shall stop at a clearly marked stop line or, if there is none, before entering the crosswalk on the near side of the intersection or, if there is none, at the point nearest the intersection where the driver has a view of approaching traffic on the through highway. After making such a stop, the driver shall proceed cautiously, yielding to vehicles which have previously completed a stop or are within the intersection.

      5.  Except as otherwise provided in subsection 4, this section does not apply at intersections controlled by official traffic-control devices or to vehicles approaching each other from opposite directions, when the driver of one of the vehicles is intending to or is making a left turn.

SECTION 484.317  Vehicle turning left.  The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but such driver, having so yielded and having given a signal when and as required, may make such left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.

SECTION 484.319  Vehicle entering intersection marked stop or yield.  Except when traffic is being controlled by a police officer or a traffic-control signal:

      1.  When proper signs have been erected, the driver of a vehicle shall stop or yield at a clearly marked stop line or, if there is none, before entering the crosswalk on the near side of the intersection or, if there is none, then at the point nearest the intersection where the driver has a view of approaching traffic on the through highway. After having stopped or, in the event of a yield sign, slowed or stopped, the driver shall yield the right-of-way to other vehicles which have entered the intersection from such through highway or which are approaching so closely on such through highway as to constitute an immediate hazard during the time such driver is moving across or within the intersection.

      2.  The driver of a vehicle shall stop in obedience to a stop sign or yield in compliance with a yield sign, in compliance with the manner prescribed in subsection 1, prior to entering an intersection if a stop sign or a yield sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obligated to stop or yield and which are within the intersection or approaching so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.

SECTION 484.321  Vehicle entering highway from private way.  The driver of a vehicle about to enter or cross a highway from a private way shall yield the right-of-way to all vehicles approaching on such highway.

SECTION 484.322  Vehicle entering or exiting controlled-access highway: Duty to yield right-of-way.  The driver of a vehicle about to enter or exit a controlled-access highway shall yield the right-of-way to all vehicles approaching on the highway whose proximity constitutes an immediate hazard and shall continue to yield the right-of-way to that traffic until the driver may proceed with reasonable safety.

SECTION 484.323  Operation of vehicle on approach of authorized emergency vehicle or official vehicle of regulatory agency.  Upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency, making use of flashing lights meeting the requirements of subsection 3 of SECTION 484.787, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or official vehicle has passed, except when otherwise directed by a police officer.

SECTION 484.324  Vehicles and bicycles.

      1.  The driver of a motor vehicle shall not:

      (a) Intentionally interfere with the movement of a person lawfully riding a bicycle; or

      (b) Overtake and pass a person riding a bicycle unless he can do so safely without endangering the person riding the bicycle.

      2.  The driver of a motor vehicle shall yield the right-of-way to any person riding a bicycle on the pathway or lane. The driver of a motor vehicle shall not enter, stop, stand, park or drive within a pathway or lane provided for bicycles except:

      (a) When entering or exiting an alley or driveway;

      (b) When operating or parking a disabled vehicle;

      (c) To avoid conflict with other traffic;

      (d) In the performance of official duties;

      (e) In compliance with the directions of a police officer; or

      (f ) In an emergency.

      3.  Except as otherwise provided in subsection 2, the driver of a motor vehicle shall not enter or proceed through an intersection while driving within a pathway or lane provided for bicycles.

      4.  The driver of a motor vehicle shall:

      (a) Exercise due care to avoid a collision with a person riding a bicycle; and

      (b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision.

      5.  The operator of a bicycle shall not:

      (a) Intentionally interfere with the movement of a motor vehicle; or

      (b) Overtake and pass a motor vehicle unless he can do so safely without endangering himself or the occupants of the motor vehicle.

Pedestrians

 ECTION 484.3245  Duties of driver of motor vehicle to pedestrian.  A driver of a motor vehicle shall:

      1.  Exercise due care to avoid a collision with a pedestrian;

      2.  Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision; and

      3.  Exercise proper caution upon observing a pedestrian on or near a highway, street or road or in or near a school crossing zone marked in accordance with SECTION 484.366 or a marked or unmarked crosswalk.

SECTION 484.325  Right-of-way in crosswalk; obedience to signals and other devices for control of traffic.  Except as otherwise provided in SECTION 484.327, 484.328 and 484.356:

      1.  When official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.

      2.  A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

      3.  Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.

      4.  Whenever signals exhibiting the words “Walk” or “Don’t Walk” are in place, such signals indicate as follows:

      (a) While the “Walk” indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.

      (b) While the “Don’t Walk” indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed his crossing during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided.

      (c) Whenever the word “Wait” still appears in a signal, the indication has the same meaning as assigned in this section to the “Don’t Walk” indication.

      (d) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in SECTION 484.283.

SECTION 484.327  Crossing other than at crosswalk.  Except as provided in SECTION 484.328:

      1.  Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.

      2.  Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.

      3.  Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.

      4.  A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.

      5.  When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.

 SECTION 484.328  Right-of-way of blind person; penalty.

      1.  A blind person who is on foot and using a service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road on this Reservation. Any driver of a vehicle who approaches or encounters such a blind person shall yield the right-of-way, come to a full stop, if necessary, and take precautions before proceeding to avoid accident or injury to the blind person.

      2.  Any person who violates subsection is guilty of a Category D offense.

SECTION 484.329  Use of right half of crosswalk.  Pedestrians shall move whenever practicable upon the right half of crosswalks.

SECTION 484.331  Walking along and upon highways; solicitation of ride, business or contribution from driver or occupant of vehicle; presence of intoxicated pedestrian within traveled portion of highway; applicability to riders of animals; criminal penalty.

      1.  Where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon an adjacent highway.

      2.  Pedestrians walking along highways where sidewalks are not provided shall walk on the left side of those highways facing the approaching traffic.

      3.  A person shall not stand in a highway to solicit a ride or any business from the driver or any occupant of a vehicle. A person shall not, without a permit issued pursuant to NRS 44.3555 or 268.423, solicit any contribution from the driver or any occupant of a vehicle.

      4.  It is unlawful for any pedestrian who is under the influence of intoxicating liquors or any narcotic or stupefying drug to be within the traveled portion of any highway.

      5.  The provisions of this section apply to riders of animals, except that the provisions of subsections 1, 2 and 3 do not apply to a peace officer who rides an animal while performing his duties as a peace officer.

      6.  A person who violates the provisions of this section is guilty of a Category D offense.

Turning and Starting and Signals on Stopping and Turning

SECTION 484.333  Required position and method of turning at intersections.  If the driver of a vehicle intends to turn at an intersection and:

      1.  The turn is a right turn, both the approach for the right turn and the right turn must be made from the right turn lane if the highway has a right turn lane as set forth in subsection 4 of SECTION 484.305, or must be made from the extreme right lane.

      2.  Both intersecting highways are two-directional:

      (a) The approach for a left turn must be made in that portion of the right half of the highway nearest the centerline thereof;

      (b) After entering the intersection, the left turn must be made so as to leave the intersection to the right of the centerline of the highway being entered; and

      (c) Except as otherwise directed by official traffic-control devices, simultaneous left turns by opposing traffic must be made in front of each other.

      3.  The turn is a left turn from a two-directional highway onto a one-way highway, the approach for the left turn must be made in that portion of the right half of the highway nearest the centerline thereof, and the turn must be made by turning from the right of the centerline where it enters the intersection as close as practicable to the left-hand curb of the one-way highway.

      4.  The turn is a left turn from a one-way highway onto a two-directional highway, the left turn must be made by passing to the right of the centerline of the highway being entered upon leaving the intersection, and the approach for the left turn must be made as close as practicable to the left-hand curb of the one-way highway.

      5.  The turn is a left turn where both intersecting highways are one-way, both the approach for the left turn and the left turn must be made as close as practicable to the left-hand curb or edge of the highway.

 ECTION 484.335  Disobedience of directions of device for control of traffic unlawful; additional penalty for violation committed in work zone.

      1.  Whenever official traffic-control devices are erected indicating that no right or left turn is permitted, it is unlawful for any driver of a vehicle to disobey the directions of any such devices.

      2.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.337  Allowed and prohibited U-turns; additional penalty for violation committed in work zone.

      1.  A U-turn may be made on any road where the turn can be made with safety, except as prohibited by this section and by the provisions of SECTION 484.309 and 484.339.

      2.  If an official traffic-control device indicates that a U-turn is prohibited, the driver shall obey the directions of the device.

      3.  The driver of a vehicle shall not make a U-turn in a business district, except at an intersection or on a divided highway where an appropriate opening or crossing place exists.

      4.  Notwithstanding the foregoing provisions of this section, local authorities and the Department of Transportation may prohibit U-turns at any location within their respective jurisdictions.

      5.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.339  Turning on curve or crest of grade prohibited.  A vehicle shall not be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.

SECTION 484.341  Starting parked vehicle.  A person, except when stopping, standing or parking where no parking is permitted, shall not start a vehicle which is stopped, standing or parked on a highway nor enter upon a highway unless and until such movement can be made with safety.

SECTION 484.343  Movement and signals for turning; signal for stopping or decreasing speed.

      1.  A driver shall not turn a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety, and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement and after giving an appropriate signal if any other vehicle may be affected by such movement.

      2.  A signal of intention to turn right or left, or otherwise turn a vehicle from a direct course, shall be given continuously during not less than the last 100 feet traveled in a business or residential district and not less than the last 300 feet traveled in any other area prior to changing the course of a vehicle.  This rule shall be observed, regardless of the weather.

      3.  A driver shall not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear.

SECTION 484.345  Signal by hand and arm or signal lamp or device.  Any signal required by this chapter to be made by a driver when making a turn or a stop must be given either by means of a hand and arm or by a signal lamp or signal device of a type approved by the department, except if a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of the vehicle, the signals must be given by a signal lamp or signal device.

SECTION 484.347  Methods of giving signals by hand and arm.  All signals given by hand and arm shall be given by hand and arm extended beyond the left side of the vehicle in the following manner, and shall indicate the turns that follow:

      1.  Left turn: Hand and arm extended horizontally.

      2.  Right turn: Hand and arm extended upward.

      3.  Stop or decrease speed: Hand and arm extended downward.

      4.  Reentering lane of traffic from parked position: Hand and arm extended horizontally.

Special Stops Required

SECTION 484.348  Stop required on signal of peace officer; penalties.

      1.  Except as otherwise provided in this section, the driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring his vehicle to a stop is guilty of a misdemeanor.

      2.  The signal by the peace officer described in subsection 1 must be by flashing red lamp and siren.

      3.  Unless the provisions of SECTION 484.377 apply if, while violating the provisions of subsection 1, the driver of the motor vehicle:

      (a) Is the proximate cause of damage to the property of a person other than himself; or

      (b) Operates the motor vehicle in a manner which endangers or is likely to endanger any person other than himself or the property of any person other than himself,

the driver is guilty of a Category B offense.

      4.  If, while violating the provisions of subsection 1, the driver of the motor vehicle is the proximate cause of the death of or bodily harm to any person other than himself, the driver is guilty of a Category A offense.

SECTION 484.349  Obedience to signal indicating approach of railroad train.

      1.  Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible official traffic-control or railroad device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such railroad and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

      (a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.

      (b) A crossing gate is lowered or when a flagman gives or continues to give a signal of the approach or passage of a railroad train.

      (c) A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard.

      (d) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

      2.  A person shall not drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

SECTION 484.353  Certain vehicles required to stop at all grade crossings of railroad; exceptions.

      1.  Except as otherwise provided in this section, the driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying any explosive or flammable liquid as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, and shall not proceed until he can do so safely.

      2.  After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in a gear of the vehicle that there will be no necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.

      3.  When stopping is required at a railroad crossing the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the highway is marked for four or more lanes of traffic.

      4.  No such stop need be made at a railroad crossing:

      (a) Where a police officer or official traffic-control device controls the movement of traffic.

      (b) Which is marked with a device indicating that the crossing is abandoned.

      (c) Which is a streetcar crossing or is used exclusively for industrial switching purposes within an area designated as a business district.

      (d) Which is marked with a sign identifying it as an exempt crossing. Signs identifying a crossing as exempt may be erected only:

             (1) If the tracks are an industrial or spur line;

             (2) By or with the consent of the Ely Shoshone Tribe which has jurisdiction over the road.

  

SECTION 484.355  Moving heavy equipment at grade crossing of railroad.

      1.  It is unlawful for any person to operate or move any crawler-type tractor, power shovel, derrick, roller, or any vehicle, equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a highway, upon or across any tracks at a railroad grade crossing without first complying with this section.

      2.  Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.

      3.  No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.

SECTION 484.356  Stop required in obedience to direction or traffic-control signal of school crossing guard; penalty.

      1.  The driver of a vehicle:

      (a) Shall stop in obedience to the direction or traffic-control signal of a school crossing guard; and

      (b) Shall not proceed until the highway is clear of all persons, including, without limitation, the school crossing guard.

      2.  A person who violates any of the provisions of this section is guilty of a Category D offense.

      3.  As used in this section, “school crossing guard” means a volunteer or paid employee of a local authority, local law enforcement agency or school district whose duties include assisting pupils to cross a highway.

SECTION 484.357  Overtaking and passing school bus; penalty.

      1.  Except as otherwise provided in subsection 2, the driver of any vehicle upon a highway, street or road, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped on the highway, street or road to receive or discharge any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring his vehicle to an immediate stop and shall not attempt to overtake or proceed past the school bus until the flashing red signal ceases operation.

      2.  The driver of a vehicle upon a divided highway need not stop upon meeting or passing a school bus which is positioned in the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus where traffic is controlled by a traffic officer.

      3.  Any person who violates any of the provisions of this section is guilty of a misdemeanor and:

      (a) For a third or any subsequent offense within 2 years after the most recent offense is guilty of a Category B offense.

      (b) For a second offense within 1 year after the first offense is guilty of a Category C offense.

      (c) For a first offense or any subsequent offense for which a punishment is not provided for in paragraph (a) is guilty of a Category D offense.

 

SECTION 484.359  Administrative roadblock: Establishment; minimum requirements.

      1.  The police officers on this Reservation may establish, administrative roadblocks upon the highways of this Reservation for any lawful purpose other than identifying the occupants of a vehicle or because of the existence of an emergency.

      2.  To warn and protect the traveling public, administrative roadblocks established by police officers must meet the following requirements:

      (a) The administrative roadblock must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than 100 yards in either direction.

      (b) At the point of the administrative roadblock, a sign must be placed near the centerline of the highway displaying the word “Stop” in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards in the direction affected by the roadblock, either in daytime or darkness.

      (c) At the same point of the administrative roadblock, at least one red flashing or intermittent light, on and burning, must be placed at the side of the highway, clearly visible to the oncoming traffic at a distance of not less than 100 yards.

      (d) At a distance of not less than one-quarter of a mile from the point of the administrative roadblock, warning signs must be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a “police stop” lies ahead. A burning beam light, flare or lantern must be placed near the signs to attract the attention of the traffic to the sign.

SECTION 484.3591  Temporary roadblock: Establishment; minimum requirements.

      1.  The tribal officers may establish, temporary roadblocks upon the highways of this Reservation:

      (a) To apprehend persons known to be wanted for violation of the laws of this Tribe, state, another state or the United States, and using the highways on this Reservation for the purpose of escape; or

      (b) To control traffic at or near the scene of a potential or existing emergency or hazard.

      2.  To warn and protect the traveling public, temporary roadblocks established by police officers must meet the following requirements:

      (a) The temporary roadblock must be established at a point on the highway clearly visible at a distance of not less than 100 yards in either direction.

      (b) At the point of the temporary roadblock, an authorized emergency vehicle, plainly and clearly marked as such and with its warning lights in operation, must be placed so as to be clearly visible to traffic affected by the roadblock at a distance of not less than 100 yards. When so placed, at least one of the vehicle’s flashing red lights must be visible to approaching traffic at a distance of not less than 100 yards.

      (c) At the same point of the temporary roadblock, sufficient cones, reflectors, burning flares or similar devices must be in place to identify the point of the roadblock and direct, as necessary, the path to be followed by a vehicle approaching the roadblock. The devices, when in place, must be clearly visible to traffic affected by the roadblock at a distance of not less than 100 yards.

      (d) At a point located not less than 200 yards, but not more than 400 yards, from the point of the temporary roadblock, cones, reflectors, burning flares or similar devices must be placed on both shoulders of the highway and near the centerline of the highway to warn traffic that a condition hazardous to traffic exists in the immediate vicinity.

SECTION 484.3593  Authority of tribal police officers not limited by provisions relating to roadblocks.  The provisions of SECTION 484.359 and 484.3591 do not limit the existing authority of police officers in the performance of their duties involving traffic control.

SECTION 484.3595  Failure to stop at roadblock; penalties.

      1.  It is unlawful for a person to:

      (a) Proceed or travel through an administrative roadblock or a temporary roadblock without subjecting himself to the traffic control established at the roadblock.

      (b) Disobey the lawful orders or directions of a police officer at an administrative roadblock or a temporary roadblock.

      2.  A person who unlawfully proceeds through an administrative roadblock or a temporary roadblock shall be punished:

      (a) If he is the direct cause of a death or substantial bodily harm to any person, or damage to property in excess of $1,000, is guilty of a Category A offense.

      (b) If no death, substantial bodily harm or damage to property in excess of $1,000 occurs is guilty of a Category B offense.

Restrictions on Speed

SECTION 484.361  Basic rule; additional penalty for violation committed in work zone.

      1.  It is unlawful for any person to drive or operate a vehicle of any kind or character at:

      (a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.

      (b) Such a rate of speed as to endanger the life, limb or property of any person.

      (c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.

      (d) In any event, a rate of speed greater than 75 miles per hour.

      2.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.363  Duty of driver to decrease speed under certain circumstances; additional penalty for violation committed in work zone.

      1.  The fact that the speed of a vehicle is lower than the prescribed limits does not relieve a driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding highway, or when special hazards exist or may exist with respect to pedestrians or other traffic, or by reason of weather or other highway conditions, and speed must be decreased as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering a highway in compliance with legal requirements and the duty of all persons to use due care.

      2.  Any person who fails to use due care as required by subsection 1 may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.364  Approach to stopped authorized emergency vehicle making use of flashing lights: Duties of approaching driver; penalty.

      1.  Upon approaching an authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of SECTION 484.787, the driver of the approaching vehicle shall, in the absence of other direction given by a peace officer:

      (a) Decrease the speed of his vehicle to a speed that is:

             (1) Reasonable and proper, pursuant to the criteria set forth in subsection 1 of SECTION 484.361; and

             (2) Less than the posted speed limit, if a speed limit has been posted;

      (b) Proceed with caution;

      (c) Be prepared to stop; and

      (d) If possible, drive in a lane that is not adjacent to the lane in which the emergency vehicle is stopped, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.

      2.  A person who violates subsection 1 is guilty of a Category D offense.

SECTION 484.365  School bus: Maximum speed.  A school bus shall not exceed a speed of 55 miles per hour when transporting pupils to and from school or any activity which is properly a part of a school program.

SECTION 484.366  School zone or school crossing zone: Speed limit; designation; signs; determination of hours in which speed limit is in effect.

      1.  A person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone except:

      (a) On a day on which school is not in session;

      (b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

      (c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

      (d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.

      2.  A person shall not drive a motor vehicle at a speed in excess of 25 miles per hour in an area designated as a school crossing zone except:

      (a) On a day on which school is not in session;

      (b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

      (c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

      (d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.

      3.  The governing body of a local government or the Department of Transportation shall designate school zones and school crossing zones. An area must not be designated as a school zone if imposing a speed limit of 15 miles per hour would be unsafe because of higher speed limits in adjoining areas.

      4.  Each such governing body and the Department shall provide signs to mark the beginning and end of each school zone and school crossing zone which it respectively designates. Each sign marking the beginning of such a zone must include a designation of the hours when the speed limit is in effect or that the speed limit is in effect when children are present.

      5.  With respect to each school zone and school crossing zone in a school district, the superintendent of the school district or his designee, in conjunction with the Department of Transportation and the governing body of the local government that designated the school zone or school crossing zone and after consulting with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone, shall determine the times when the speed limit is in effect.

      6.  As used in this section, “speed limit beacon” means a device which is used in conjunction with a sign and equipped with two or more yellow lights that flash alternately to indicate when the speed limit in a school zone or school crossing zone is in effect.

SECTION 484.3665  School zone or school crossing zone: Requirements for signs; placement of portable signs.

      1.  Each permanent sign which designates a school zone or school crossing zone and the speed limit in that zone must be uniform in size and color and must clearly designate the hours during which the speed limit applies.

      2.  Each portable sign designating a school zone or school crossing zone and the speed limit in the zone must be uniform in size and color. A portable sign may be placed on or beside a roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions.

SECTION 484.3667  Double penalty for certain traffic violations committed in work zones.

      1.  Except as otherwise provided in subsection 2, a person who is convicted of a violation of a speed limit, or of SECTION 484.254, 484.278, 484.289, 484.2895, 484.291 to 484.301, inclusive, 484.305, 484.309, 484.311, 484.335, 484.337, 484.361, 484.363, 484.3765, 484.377, 484.3775, 484.379, 484.448, 484.453 or 484.479, that occurred:

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

      (b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions,

shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      2.  The additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.

      3.  A governmental entity that designates an area as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted, or the person with whom the governmental entity contracts to provide such service, shall cause to be erected:

      (a) A sign located before the beginning of such an area stating “DOUBLE PENALTIES IN WORK ZONES” to indicate a double penalty may be imposed pursuant to this section;

      (b) A sign to mark the beginning of the temporary traffic control zone; and

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

      4.  A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.

SECTION 484.371  Slow driving; establishment of minimum speed limit.

      1.  A person shall not drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

      2.  Whenever a public authority determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, such authority may establish a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.

      3.  Such speed limit shall be in effect after the erection of appropriate signs.

SECTION 484.373  Duties of driver driving motor vehicle at speed so slow as to impede forward movement of traffic; prohibition against stopping vehicle on roadway so as to impede or block normal and reasonable movement of traffic; exception.

      1.  If any driver drives a motor vehicle at a speed so slow as to impede the forward movement of traffic proceeding immediately behind him, the driver shall:

      (a) If the highway has one lane for traveling in each direction and the width of the paved portion permits, drive to the extreme right side of the highway and, if applicable, comply with the provisions of SECTION 484.374;

      (b) If the highway has two or more clearly marked lanes for traffic traveling in his direction, drive in the extreme right-hand lane except when necessary to pass other slowly moving vehicles; or

      (c) If the highway is a controlled-access highway, use alternate routes whenever possible.

      2.  A person shall not bring a vehicle to a complete stop upon a roadway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.

SECTION 484.374  Duty of driver of slow-moving vehicle to turn off roadway; circumstances in which duty arises; criminal penalty.

      1.  On a highway that has one lane for traveling in each direction, where passing is unsafe because of traffic traveling in the opposite direction or other conditions, the driver of a slow-moving vehicle, behind which five or more vehicles are formed in a line, shall, to allow the vehicles following behind to proceed, turn off the roadway:

      (a) At the nearest place designated as a turnout by signs erected by the public authority having jurisdiction over the highway; or

      (b) In the absence of such a designated turnout, at the nearest place where:

             (1) Sufficient area for a safe turnout exists; and

             (2) The circumstances and conditions are such that the driver is able to turn off the roadway in a safe manner.

      2.  A person who violates subsection 1 is guilty of a Category D offense.

      3.  As used in this section, “slow-moving vehicle” means a vehicle that is traveling at a rate of speed which is less than the posted speed limit for the highway or portion of the highway upon which the vehicle is traveling.

 

Aggressive Driving; Reckless Driving; Vehicular Manslaughter

SECTION 484.3765  Aggressive driving; additional penalty for violation committed in work zone.

      1.  A driver commits an offense of aggressive driving if, during any single, continuous period of driving within the course of 1 mile, the driver does all the following, in any sequence:

      (a) Commits one or more acts of speeding in violation of SECTION 484.361 or 484.366.

      (b) Commits two or more of the following acts, in any combination, or commits any of the following acts more than once:

             (1) Failing to obey an official traffic-control device in violation of SECTION 484.278.

             (2) Overtaking and passing another vehicle upon the right by driving off the paved portion of the highway in violation of SECTION 484.297.

             (3) Improper or unsafe driving upon a highway that has marked lanes for traffic in violation of SECTION 484.305.

             (4) Following another vehicle too closely in violation of SECTION 484.307.

             (5) Failing to yield the right-of-way in violation of any provision of SECTION 484.315 to 484.323, inclusive.

      (c) Creates an immediate hazard, regardless of its duration, to another vehicle or to another person, whether or not the other person is riding in or upon the vehicle of the driver or any other vehicle.

      2.  A driver may be prosecuted and convicted of an offense of aggressive driving in violation of subsection 1 whether or not the driver is prosecuted or convicted for committing any of the acts described in paragraphs (a) and (b) of subsection 1.

      3.  A driver who commits an offense of aggressive driving in violation of subsection 1 is guilty of a Category D offense. In addition to any other penalty:

      (a) For the first offense within 2 years, the court shall order the driver to attend, at his own expense, a course of traffic safety approved by the Department.

 

SECTION 484.377  Reckless driving; penalty for willful or wanton disregard for safety causing death or substantial bodily harm; additional penalties.

      1.  It is unlawful for a person to:

      (a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.

      (b) Drive a vehicle in an unauthorized speed contest on a public highway.

A violation of this subsection or subsection 1 of SECTION 484.348 constitutes reckless driving.

      2.  Unless a greater penalty is provided pursuant to subsection 4 of SECTION 484.348, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to a person other than himself, is guilty of a Category A offense.

      3.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667 unless the person is subject to the penalty provided pursuant to subsection 4 of SECTION 484.348.

SECTION 484.3775  Vehicular manslaughter.

      1.  A person who, while driving or in actual physical control of any vehicle, proximately causes the death of another person through an act or omission that constitutes simple negligence is guilty of vehicular manslaughter and shall be punished for a Category B offense.

Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance

SECTION 484.379  Unlawful acts; affirmative defense; additional penalty for violation committed in work zone.

      1.  It is unlawful for any person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his blood or breath; or

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath,

to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

      2.  It is unlawful for any person who:

      (a) Is under the influence of a controlled substance;

      (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

      (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,

to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the law is not a defense against any charge of violating this subsection.

      3.  It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:

                                                                                                        Urine                           Blood

                                                                                              Nanograms                  Nanograms

      Prohibited substance                                                  per milliliter                  per milliliter

 

      (a) Amphetamine                                                                       500                                100

      (b) Cocaine                                                                                 150                                  50

      (c) Cocaine metabolite                                                              150                                  50

      (d) Heroin                                                                                 2,000                                  50

      (e) Heroin metabolite:

             (1) Morphine                                                                     2,000                                  50

             (2) 6-monoacetyl morphine                                                  10                                  10

      (f) Lysergic acid diethylamide                                                   25                                  10

      (g) Marijuana                                                                                10                                    2

      (h) Marijuana metabolite                                                            15                                    5

      (i) Methamphetamine                                                                500                                100

      (j) Phencyclidine                                                                          25                                  10

      4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      5.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

 

SECTION 484.3792  Penalties; segregation of offender; probation, suspension of sentence and plea bargaining restricted; intermittent confinement; consecutive sentences.

      1.  Unless a greater penalty is provided pursuant to SECTION 484.3795 or 484.37955, and except as otherwise provided in subsection 2, a person who violates the provisions of SECTION 484.379:

      (a) For the first offense within 7 years, is guilty of a Category D offense.

             (1) Except as otherwise provided in subparagraph (4) or subsection 7, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order.

             (2) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of SECTION 484.37945.

      (b) For a second offense within 7 years, is guilty of a Category C offense.

             (3) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of SECTION 484.37945.

A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a Category D offense.

      (c) For a third offense within 7 years, is guilty of a Category A offense.

      2.  Unless a greater penalty is provided in SECTION 484.37955, a person who has previously been convicted of

      (a) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by SECTION 484.379, 484.3795 or 484.37955; or

      (b) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c),

and who violates the provisions of SECTION 484.379 is guilty of a Category A offense.

      3.  Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. An offense which is listed in paragraphs (a) to (d), inclusive, of subsection 2 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a Category A offense, must also be shown at the preliminary examination.

      4.  A person convicted of violating the provisions of SECTION 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in SECTION 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of SECTION 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      5.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      6.  For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation must be excluded.

      7.  As used in this section, unless the context otherwise requires:

      (a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

      (b) “Offense” means:

             (1) A violation of SECTION 484.379 or 484.3795;

             (2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by SECTION 484.379, 484.3795 or 484.37955; or

             (3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2).

      (c) “Treatment facility” has the meaning ascribed to it in SECTION 484.3793.

 

SECTION 484.3793  Evaluation and treatment for alcohol or drug abuse: Definitions.  As used in SECTION 484.3793 to 484.37947, inclusive:

      1.  “Evaluation center” means a facility which is approved by the Health Division of the Department of Health and Human Services to provide an evaluation of an offender to a court to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency.

      2.  “Treatment facility” means a facility for the treatment of abuse of alcohol or drugs, which is certified by the Health Division of the Department of Health and Human Services.

 

SECTION 484.37937  Evaluation and treatment for alcohol or drug abuse: Application by first-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence.

      1.  An offender who is found guilty of a violation of SECTION 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of SECTION 484.3792, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his blood or breath, may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 6 months. The court shall authorize that treatment if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

             (1) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of the NRS to make that diagnosis; or

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) The offender agrees to pay the cost of the treatment to the extent of his financial resources; and

      (c) The offender has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service.

      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.

      3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      4.  If the court grants an application for treatment, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in SECTION 484.3792, but the conviction must remain on his record of criminal history.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

SECTION 484.3794  Evaluation and treatment for alcohol or drug abuse: Application by second-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence.

      1.  An offender who is found guilty of a violation of SECTION 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of SECTION 484.3792 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 1 year if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

             (1) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of the NRS to make that diagnosis; or

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) The offender agrees to pay the costs of the treatment to the extent of his financial resources; and

      (c) The offender has served or will serve a term of imprisonment in jail of 5 days and, if required pursuant to SECTION 484.3792, has performed or will perform not less than one-half of the hours of community service.

      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

      3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      4.  If the court determines that an application for treatment should be granted, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in SECTION 484.3792, but the conviction must remain on his record of criminal history.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

SECTION 484.37943  Evaluation and treatment for alcohol or drug abuse: Evaluation of certain offenders; evaluation to be conducted at evaluation center; exceptions; offender to pay cost of evaluation.

      1.  If an offender is found guilty of a violation of SECTION 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of SECTION 484.3792 and if the concentration of alcohol in the offender’s blood or breath at the time of the offense was 0.18 or more, or if an offender is found guilty of a violation of SECTION 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of SECTION 484.3792, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.

      2.  If an offender is convicted of a violation of SECTION 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of SECTION 484.3792 and if the offender is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.

      3.  Except as otherwise provided in subsection 4, 5 or 6, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

      (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of the NRS to make that evaluation; or

      (b) A physician who is certified to make that evaluation by the Board of Medical Examiners,

who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

      4.  The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

 

SECTION 484.37945  Evaluation and treatment for alcohol or drug abuse: Placement of offender under clinical supervision of treatment facility; payment of charges for treatment; liability of facility limited.

      1.  When a program of treatment is ordered pursuant to paragraph (a) or (b) of subsection 1 of SECTION 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for a period not to exceed 1 year, in accordance with the report submitted to the court pursuant to subsection 3, 4, 5 or 6 of SECTION 484.37943. The court shall:

      (a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or

      (b) Release the offender for treatment in the community,

for the period of supervision ordered by the court.

      2.  The court shall:

      (a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and

      (b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.

      3.  A treatment facility is not liable for any damages to person or property caused by a person who:

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by SECTION 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.410, 488.420, or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct,

after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (a) or (b) of subsection 1 of SECTION 484.3792.

 

SECTION 484.3795  Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor.

      1.  Unless a greater penalty is provided pursuant to SECTION 484.37955, a person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his blood or breath;

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

      (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of SECTION 484.379,

and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways on this Reservation, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a Category A offense.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

SECTION 484.37955  Vehicular homicide; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor.

      1.  A person commits vehicular homicide if he:

      (a) Drives or is in actual physical control of a vehicle on or off the highways of this State and:

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of 0.08 or more in his blood or breath;

             (3) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath;

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

             (6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of SECTION 484.379;

      (b) Proximately causes the death of a person other than himself while driving or in actual physical control of a vehicle on or off the highways on this Reservation; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits vehicular homicide is guilty of a category A offense.

      3.  A prosecuting attorney shall not dismiss a charge of vehicular homicide in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      5.  If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      6.  As used in this section, “offense” means:

      (a) A violation of SECTION 484.379 or 484.3795;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or SECTION 484.379 or 484.3795; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

SECTION 484.3796  Evaluation of certain offenders before sentencing; persons qualified to conduct evaluation; results of evaluation to be forwarded to Tribal Court.

      1.  Before sentencing an offender for a violation of SECTION 484.379 that is punishable as a Category A offense pursuant to SECTION 484.3792 or a violation of SECTION 484.3795 or 484.37955, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of the NRS to make such an evaluation;

      (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or

      (c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

      3.  The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Ely Shoshone Tribal Court.

SECTION 484.3798  Fee for chemical analysis.

      1.  If a defendant pleads guilty to or is found guilty of any violation of SECTION 484.379, 484.3795 or 484.37955 and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:

      (a) Collected from the defendant before or at the same time that the fine is collected.

      (b) Stated separately in the judgment of the court or on the court’s docket.

      2.  All money collected pursuant to subsection 1 must be paid by the clerk of the court to the Tribal Finance Department.

SECTION 484.382  Implied consent to preliminary test; failure to submit to test; use of results of test.

      1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath to determine the concentration of alcohol in his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by SECTION 484.379, 484.3795 or 484.37955.

      2.  If the person fails to submit to the test, that person is guilty of a Category C offense, and the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under SECTION 484.383.

      3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

SECTION 484.383  Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which police officer may direct person to submit to blood test; restrictions on requiring urine test; failure to submit to test; notification of parent or guardian of minor directed to submit to test.

      1.  Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance to determine the concentration of alcohol in of his blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by SECTION 484.379, 484.3795 or 484.37955.

      2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

      3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      4.  If the concentration of alcohol in the blood or breath of the person to be tested is in issue:

      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

      (c) A police officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

             (1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by SECTION 484.379, 484.3795 or 484.37955; or

             (2) Has been convicted within the previous 7 years of:

                   (I) A violation of SECTION 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, 488.410, 488.420, or 488.425 or a law of another jurisdiction that prohibits the same or similar conduct; or

                   (II) Any other offense on this Reservation or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

      5.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

      6.  Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.

      7.  If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by SECTION 484.379, 484.3795 or 484.37955,

the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the concentration of alcohol or presence of a controlled substance or another prohibited substance in his blood.

      8.  If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

 

SECTION 484.386  Requirements for evidentiary test of breath to determine concentration of alcohol in breath; use of reasonable force to obtain sample or conduct test.

      1.  Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the concentration of alcohol in a person’s breath may be used to establish that concentration only if two consecutive samples of the person’s breath are taken and:

      (a) The difference between the concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

      (b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or

      (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in SECTION 484.383, the fourth evidentiary test must be a blood test.

      2.  If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the concentration.

      3.  If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a police officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to SECTION 484.383.

 

SECTION 484.391  Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited.

      1.  A person who is arrested for driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by SECTION 484.379, 484.3795 or 484.37955 must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests to determine:

      (a) The concentration of alcohol in his blood or breath; or

      (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his blood or urine.

      2.  The failure or inability to obtain such a test or tests by such a person does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.

      3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by SECTION 484.383.

 

SECTION 484.394  Analysis of blood of deceased victim of accident involving motor vehicle to determine presence and concentration of alcohol.

      1.  Any coroner, or other public official performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a motor vehicle, whether the person killed is a driver, passenger or pedestrian, cause to be drawn from each decedent, within 8 hours of the accident, a blood sample to be analyzed for the presence and concentration of alcohol.

      2.  Blood-alcohol analyses are acceptable only if made by laboratories licensed to perform this function.

Stopping, Standing and Parking

SECTION 484.395  Stopping, standing or parking outside of business or residence district.

      1.  Upon any highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave such vehicle off such part of the highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of 200 feet in each direction upon such highway.

      2.  This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.

SECTION 484.397  Tribal Police officer authorized to remove certain vehicles; protocol for selection and use of towing services; duties and liability of tow car operator.

      1.  Whenever any tribal police officer finds a vehicle standing upon a highway in violation of any of the provisions of this chapter, the officer may move the vehicle, or require the driver or person in charge of the vehicle to move it, to a position off the paved, improved or main-traveled part of the highway.

      2.  Whenever any tribal police officer finds a vehicle unattended or disabled upon any highway, bridge or causeway, or in any tunnel, where the vehicle constitutes an obstruction to traffic or interferes with the normal flow of traffic, the officer may provide for the immediate removal of the vehicle.

      3.  Any tribal police officer may, subject to the requirements of subsection 4, remove any vehicle or part of a vehicle found on the highway, or cause it to be removed, to a garage or other place of safekeeping if:

      (a) The vehicle has been involved in an accident and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle;

      (b) The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; or

      (c) The person in charge of the vehicle is unable to provide for its custody or removal within:

             (1) Twenty-four hours after abandoning the vehicle on any freeway, United States highway or other primary arterial highway.

             (2) Seventy-two hours after abandoning the vehicle on any other highway.

      4.  Unless a different course of action is necessary to preserve evidence of a criminal offense, a police officer who wishes to have a vehicle or part of a vehicle removed from a highway pursuant to subsection 3 shall, in accordance with any applicable protocol such as a rotational schedule regarding the selection and use of towing services, cause the vehicle or part of a vehicle to be removed by a tow car operator. The tow car operator shall, to the extent practicable and using the shortest and most direct route, remove the vehicle or part of a vehicle to his garage unless directed otherwise by the police officer. The tow car operator is liable for any loss of or damage to the vehicle or its contents that occurs while the vehicle is in his possession or control.

 

SECTION 484.398  Preservation of criminal evidence on removal of vehicle from highway.  Whenever any police officer provides for the removal of any vehicle pursuant to SECTION 484.397 and has probable cause to believe that the vehicle or its contents constitute any evidence which tends to show that a criminal offense has been committed, or tends to show that a particular person has committed a criminal offense, the police officer shall take such steps as may be required by law and reasonably necessary to preserve the evidence, including but not limited to safe storage, until the evidence is released to the owner or otherwise disposed of according to law.

SECTION 484.399  Stopping, standing or parking prohibited in specified places.

      1.  A person shall not stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, in any of the following places:

      (a) On a sidewalk;

      (b) In front of a public or private driveway;

      (c) Within an intersection;

      (d) Within 15 feet of a fire hydrant in a place where parallel parking is permitted, or within 20 feet of a fire hydrant if angle parking is permitted and a local ordinance requires the greater distance;

      (e) On a crosswalk;

      (f) Within 20 feet of a crosswalk at an intersection;

      (g) Within 30 feet upon the approach to any official traffic-control signal located at the side of a highway;

      (h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone;

      (i) Within 50 feet of the nearest rail of a railroad;

      (j) Within 20 feet of a driveway entrance to any fire station and, on the side of a highway opposite the entrance to any fire station, within 75 feet of that entrance;

      (k) Alongside or opposite any highway excavation or obstruction when stopping, standing or parking would obstruct traffic;

      (l) On the highway side of any vehicle stopped or parked at the edge of or curb of a highway;

      (m) Upon any bridge or other elevated structure or within a highway tunnel;

      (n) Except as otherwise provided in subsection 2, within 5 feet of a public or private driveway; and

      (o) At any place where official traffic-control devices prohibit stopping, standing or parking.

      2.  The provisions of paragraph (n) of subsection 1 do not apply to a person operating a vehicle of the United States Postal Service if the vehicle is being operated for the official business of the United States Postal Service.

      3.  A person shall not move a vehicle not owned by him into any prohibited area or away from a curb to a distance which is unlawful.

      4.  A local authority may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion stopping, standing or parking is dangerous to those using the highway or where the vehicles which are stopping, standing or parking would unduly interfere with the free movement of traffic. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on those devices.

SECTION 484.401  Prohibited parking in front of theaters, hotels and other buildings.  A person shall not park a vehicle at any time on any of the following parts of highways, sidewalks or sidewalk areas, where official traffic-control devices are erected giving notice thereof:

      1.  In front of a theater entrance.

      2.  In front of the entrance or exit of a hotel.

      3.  In front of the entrance to any building where any such device has been erected by a local authority.

SECTION 484.403  Parallel and angle parking; stopping, standing and parking on highways under jurisdiction of Department of Transportation.

      1.  Except as otherwise provided in this section, every vehicle stopped or parked upon a highway where there are adjacent curbs must be stopped or parked with the right-hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb.

      2.  Local authorities may by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within 18 inches of the left-hand curb of a one-way highway.

      3.  Local authorities may by ordinance permit angle parking on any highway, except that angle parking must not be permitted on any highway that the highway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

      4.  The Department of Transportation with respect to highways under its jurisdiction may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any such highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on those devices.

SECTION 484.405  Obedience to devices permitting angle parking.  Upon those highways which have official traffic-control devices permitting angle parking, a person shall not stop, stand or park a vehicle other than at the angle to the curb or edge of the highway indicated by such devices.

SECTION 484.407  Special license plate or plates and special or temporary parking placards and stickers: Use; alternative use of special plate or plates issued to disabled veterans; limitations.

      1.  Except as otherwise provided in subsection 3, an owner or operator of a motor vehicle displaying a special parking placard, a special parking sticker, a temporary parking placard, a temporary parking sticker or a special plate or plates issued pursuant to SECTION 482.384, or a special plate or plates for a disabled veteran issued pursuant to SECTION 482.377, may park the motor vehicle for not more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle if the parking is otherwise consistent with public safety and is done by a person with a permanent disability, disability of moderate duration or temporary disability, a disabled veteran, or a person transporting any such person.

      2.  An owner or operator of a motor vehicle displaying a special plate or plates for a disabled veteran issued pursuant to SECTION 482.377 may, without displaying a special license plate, placard or sticker issued pursuant to SECTION 482.384, park in a parking space designated for the handicapped if:

      (a) The parking is done by a disabled veteran; or

      (b) A disabled veteran is a passenger in the motor vehicle being parked.

      3.  This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for parking off the highway without paying the required fee for the time during which the vehicle is so parked.

SECTION 484.408  Parking space designated for handicapped: Signs; required plates, stickers or placards for parking; prohibited acts; penalty.

      1.  Any parking space designated for the handicapped must be indicated by a sign:

      (a) Bearing the international symbol of access with or without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only” or “Reserved for the Handicapped,” or any other word or combination of words indicating that the space is designated for the handicapped;

      (b) Stating “Minimum fine of $250 for use by others” or equivalent words; and

      (c) The bottom of which must be not less than 4 feet above the ground.

      2.  In addition to the requirements of subsection 1, a parking space designated for the handicapped which:

      (a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and

      (b) Is located in a parking lot with 60 or more parking spaces,

must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.

      3.  If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:

      (a) Stating “No Parking” or similar words which indicate that parking in such a space is prohibited;

      (b) Stating “Minimum fine of $250 for violation” or similar words indicating that the minimum fine for parking in such a space is $250; and

      (c) The bottom of which must not be less than 4 feet above the ground.

      4.  An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.

      5.  A person shall not park a vehicle in a space designated for the handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:

      (a) A special license plate or plates issued pursuant to SECTION 482.384;

      (b) A special or temporary parking placard issued pursuant to SECTION 482.384;

      (c) A special or temporary parking sticker issued pursuant to SECTION 482.384;

      (d) A special license plate or plates, a special or temporary parking sticker, or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or

      (e) A special license plate or plates for a disabled veteran issued pursuant to SECTION 482.377.

      6.  Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for the handicapped by a sign that meets the requirements of subsection 2, whether on public or privately owned property, unless:

      (a) He is eligible to do so;

      (b) The vehicle displays the special license plate, plates or placard set forth in subsection 5; and

      (c) The vehicle is equipped with a side-loading wheelchair lift.

A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.

      7.  A person shall not park in a space which:

      (a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and

      (b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,

whether on public or privately owned property.

      8.  A person shall not use a plate, sticker or placard set forth in subsection 5 to park in a space designated for the handicapped unless he is a person with a permanent disability, disability of moderate duration or temporary disability, a disabled veteran, or the driver of a vehicle in which any such person is a passenger.

      9.  A person with a permanent disability, disability of moderate duration or temporary disability to whom a:

      (a) Special license plate, or a special or temporary parking sticker, has been issued pursuant to SECTION 482.384 shall not allow any other person to park the vehicle or motorcycle displaying the special license plate or special or temporary parking sticker in a space designated for the handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle or on the motorcycle, or is being picked up or dropped off by the driver of the vehicle or motorcycle, at the time that the vehicle or motorcycle is parked in the space designated for the handicapped.

      (b) Special or temporary parking placard has been issued pursuant to SECTION 482.384 shall not allow any other person to park the vehicle which displays the special or temporary parking placard in a space designated for the handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle, or is being picked up or dropped off by the driver of the vehicle, at the time that it is parked in the space designated for the handicapped.

      10.  A person who violates any of the provisions of subsections 5 to 9, inclusive, is guilty of a Category D offense and shall be punished:

      (a) Upon the first offense, by a fine of $250.

      (b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.

      (c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.

SECTION 484.409  Parked vehicle at nighttime: Reflectors; lights.

      1.  Except as otherwise provided by law, whenever a vehicle equipped with all reflectors required by law is lawfully parked at nighttime upon any highway, no lights need be displayed upon such parked vehicle.

      2.  Whenever lights are displayed upon a vehicle lawfully parked at nighttime upon any highway, such lights shall be depressed or dimmed, in the event cowl or parking lamps are not used.

 

SECTION 484.411  Stopping, standing or parking in alley.

      1.  Unless otherwise provided by ordinance of the local authority having jurisdiction, a person shall not:

      (a) Stop, stand or park a vehicle within an alley in a business district except for the expeditious loading or unloading of goods.

      (b) Stop, stand or park a vehicle in any other alley in such a manner, or under such conditions as to leave available less than 10 feet of the width of the alley for the free movement of vehicular traffic.

      2.  A person shall not stop, stand or park a vehicle within an alley in such position as to block the driveway or entrance to any abutting property.

SECTION 484.413  All-night parking prohibited.  Unless otherwise provided by ordinance of the local authority having jurisdiction, a person, except physicians or other persons on emergency calls, shall not park a vehicle on any highway which has an official traffic-control device prohibiting all-night parking for a period of time longer than 30 minutes between the hours of 2 a.m. and 5 a.m. of any day.

SECTION 484.418  Parking for certain purposes prohibited.  No person may park a vehicle upon any highway for the principal purpose of:

      1.  Displaying the vehicle for sale.

      2.  Washing, greasing or repairing the vehicle, except repairs necessitated by an emergency.

      3.  Soliciting business.

      4.  Selling merchandise from the vehicle except in a duly established market place, or one so authorized or licensed by the local authority.

5.        Storage, or as junkage or dead storage, for more than 72 hours.

SECTION 484.423  Parking on narrow highway.  When official traffic-control devices are enacted prohibiting parking upon a narrow highway, a person shall not park a vehicle upon any such highway.

(Added by Resolution 2008-EST-23)

SECTION 484.425  Standing or parking on one-way street.  When official traffic-control devices are erected giving notice thereof, a person shall not stand or park a vehicle upon the left-hand side of a one-way street.

(Added by Resolution 2008-EST-23)

SECTION 484.427  Standing or parking on one-way roadway.  If a laned roadway is restricted to one direction, a person shall not stand or park a vehicle upon the left-hand side of such one-way roadway unless official traffic-control devices are erected permitting such standing or parking.

(Added by Resolution 2008-EST-23)

 

SECTION 484.429  Stopping, standing or parking near hazardous or congested place.  When official traffic-control devices are erected at hazardous or congested places, a person shall not stop, stand or park a vehicle in any such designated place.

SECTION 484.431  Stopping, standing or parking in zone for loading passengers at curb.  A person shall not stop, stand or park a vehicle for any purpose or period of time except for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such passenger curb loading zone are effective.

SECTION 484.433  Stopping, standing or parking in zone for loading freight at curb.

      1.  A person shall not stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect.

      2.  The driver of a vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers, when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone.

SECTION 484.435  Stopping, standing or parking in restricted parking zone.  A person shall not stop, stand or park a vehicle for any purpose or length of time in any restricted parking zone other than for the purpose to which parking in such zone is restricted, except that a driver of a passenger vehicle may stop temporarily in such zone for the purpose of and while actually engaged in loading or unloading of passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter the zone for the purpose of parking in accordance with the purpose to which parking is restricted.

Miscellaneous Rules

SECTION 484.445  Unattended motor vehicle: Stopping engine, locking ignition and removing key.  The person driving or in charge of any motor vehicle, except a commercial vehicle loading or unloading goods shall not permit it to stand unattended without first stopping the engine, locking the ignition and removing the key.

SECTION 484.447  Unattended motor vehicle: Standing on grade.  A vehicle shall not be permitted to stand unattended upon any perceptible grade without stopping the engine and effectively setting the brake thereon and turning the front wheels to the curb or side of the highway.

SECTION 484.448  Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.

      1.  It is unlawful for a person to drink an alcoholic beverage while he is driving or in actual physical control of a motor vehicle upon a highway.

      2.  Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer.

      3.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

      4.  As used in this section:

      (a) “Alcoholic beverage” has the meaning ascribed to it in SECTION 202.015.

      (b) “Open container” means a container which has been opened or the seal of which has been broken.

      (c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger.

SECTION 484.449  Limitations on backing.  The driver of a vehicle:

      1.  Shall not back the vehicle unless such movement can be made with reasonable safety and without interfering with other traffic;

      2.  Shall not back into an intersection, on or over a crosswalk, or around a street corner; and

      3.  Shall in every case yield the right-of-way to moving traffic and pedestrians.

SECTION 484.451  Driving upon sidewalk.  The driver of a vehicle shall not drive upon or within any sidewalk area except at a permanent or temporary driveway or alley entrance.

SECTION 484.453  Obstruction of or interference with driver’s view; interference with driver’s control over driving mechanism; vision of driver through required glass equipment; additional penalty for violation committed in work zone.

      1.  A person shall not drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle.

      2.  A passenger in a vehicle shall not ride in such position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.

      3.  Except as otherwise provided in SECTION 484.6195, a vehicle must not be operated upon any highway unless the driver’s vision through any required glass equipment is normal.

      4.  A person who violates any provision of this section may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.455  Riding in house trailer.  No person shall occupy a house trailer while it is being moved upon a public highway.

 

 

SECTION 484.459  Coasting prohibited.

      1.  The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears of such vehicle in neutral.

      2.  The driver of a commercial motor vehicle when traveling upon a downgrade shall not coast with the clutch disengaged.

SECTION 484.461  Following fire apparatus prohibited.  The driver of any motor vehicle other than an authorized emergency vehicle on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or driving to or park such vehicle within 500 feet of fire apparatus which stopped in answer to a fire alarm.

SECTION 484.463  Crossing fire hose.  A vehicle shall not be driven over any unprotected hose of a fire department when laid down on any highway or private way or place for use at any fire or alarm of fire or practice runs, without the consent of the fire department official in command.

SECTION 484.465  Putting glass or other injurious substance on highway prohibited.

      1.  No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway.

      2.  Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.

      3.  Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

SECTION 484.466  Violation of curfew by drivers who are 16 or 17 years of age; exception for scheduled events; violation does not constitute primary offense.

      1.  A person to whom a driver’s license has been issued pursuant to SECTION 483.2521 shall not operate a motor vehicle between the hours of 10 p.m. and 5 a.m. unless he is operating the vehicle to drive to or from a scheduled event. A peace officer shall not issue a citation to a person for operating a vehicle in violation of this section if the person provides evidence satisfactory to the peace officer that the reason that the person is operating the vehicle between the hours of 10 p.m. and 5 a.m. is because he is driving to or from a scheduled event.

      2.  A peace officer shall not stop a motor vehicle for the sole purpose of determining whether the driver of the vehicle is violating subsection 1. A citation may be issued for a violation of subsection 1 only if the violation is discovered when the vehicle is halted or its driver is arrested for another violation or offense.

 

SECTION 484.467  Driving through funeral or other procession.

      1.  The operator of a motor vehicle shall not drive between the vehicles, persons or animals comprising a funeral or other authorized procession when those vehicles are properly identified by pennants or other authorized insignia and while the funeral or procession is in motion, except when otherwise directed by a police officer or by the driver of a vehicle escorting the funeral procession.

      2.  This section does not apply to authorized emergency vehicles.

SECTION 484.469  Driving in procession.

      1.  All vehicles, persons or animals comprising a funeral or other procession shall follow the preceding vehicles, persons or animals in the procession as closely as is practicable and safe.

      2.  Each vehicle in a funeral procession must have its head lamps lighted.

      3.  The driver of a vehicle escorting a funeral procession may display flashing amber warning lights if the appropriate permit has been issued pursuant to SECTION 484.579.

 

SECTION 484.473  Unlawful riding.

      1.  Except as otherwise provided in subsections 2 and 4, a driver shall not permit a person, with regard to a motor vehicle being operated on a paved highway, to ride upon or within any portion of the vehicle that is primarily designed or intended for carrying goods or other cargo or that is otherwise not designed or intended for the use of passengers, including, without limitation:

      (a) Upon the bed of a flatbed truck; or

      (b) Within the bed of a pickup truck.

      2.  A driver may permit a person to ride upon the bed of a flatbed truck or within the bed of a pickup truck if the person is:

      (a) Eighteen years of age or older; or

      (b) Under 18 years of age and the motor vehicle is:

             (1) Being used in the course of farming or ranching; or

             (2) Being driven in a parade authorized by a local authority.

      3.  A citation must be issued to a driver who permits a person to ride upon or within a vehicle in violation of subsection 1. A driver who is cited pursuant to this subsection shall be punished by a fine of at least $35 but not more than $100.

      4.  The provisions of subsection 1 do not apply to the portion of the bed of a truck that is covered by a camper shell or slide-in camper.

      5.  A violation of this section:

      (a) It is a moving traffic violation for the purposes of SECTION 483.473; and

      (b) May not be considered as:

             (1) Negligence or causation in a civil action; or

             (2) Negligent or reckless driving for the purposes of SECTION 484.377.

      6.  As used in this section:

      (a) “Camper shell” has the meaning ascribed to it in NRS 361.017.

      (b) “Slide-in camper” has the meaning ascribed to it in SECTION 482.113.

SECTION 484.474  Child less than 6 years of age and weighing 60 pounds or less to be secured in child restraint system while being transported in motor vehicle; requirements for system; programs of training; fees; penalties; exceptions.

      1.  Except as otherwise provided in subsection 7, any person who is transporting a child who is less than 6 years of age and who weighs 60 pounds or less in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a child restraint system which:

      (a) Has been approved by the United States Department of Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. Part 571;

      (b) Is appropriate for the size and weight of the child; and

      (c) Is installed within and attached safely and securely to the motor vehicle:

             (1) In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or

             (2) In another manner that is approved by the National Highway Traffic Safety Administration.

      2.  If a defendant pleads or is found guilty of violating the provisions of subsection 1, the court shall:

      (a) In addition to any other penalty imposed by law, order the defendant to complete a program of training conducted by a person or agency approved by the Department of Public Safety in the installation and use of child restraint systems, except that the court shall waive the requirements of this paragraph if the defendant is not a resident of the State of Nevada; and

      (b) Except as otherwise provided in this paragraph, order the defendant to pay a fine of not less than $50 nor more than $500, or order the defendant to perform not less than 8 hours nor more than 50 hours of community service. The court may:

             (1) For a first offense by a defendant who completes a program of training described in paragraph (a), waive any amount of the fine or any amount of the community service; and

             (2) For a second or subsequent offense by a defendant who completes a program of training described in paragraph (a), waive any amount of the fine in excess of $50 or any amount of the community service in excess of 8 hours,

if the person or agency which provided the program of training to the defendant certifies to the court that the defendant has completed the program of training required by paragraph (a), has paid the fee, if any, established for the program pursuant to subsection 4 and has presented for inspection by the person or agency an installed child restraint system that satisfies the provisions of subsection 1. The provisions of this paragraph do not authorize the waiver of any fee established by a person or agency pursuant to subsection 4.

      3.  The court shall make available a list of persons and agencies approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems. The list must include, without limitation, an indication of the fee, if any, established by the person or agency pursuant to subsection 4.

      4.  A person or agency approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems may, in cooperation with the Department, establish a fee to be paid by defendants who are ordered to complete a program of training. The amount of the fee, if any:

      (a) Must be reasonable; and

      (b) May, if a defendant desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant.

A program of training may not be operated for profit.

      5.  For the purposes of SECTION 483.473, a violation of this section is not a moving traffic violation.

      6.  A violation of this section may not be considered:

      (a) Negligence in any civil action; or

      (b) Negligence or reckless driving for the purposes of SECTION 484.377.

      7.  This section does not apply:

      (a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.

      (b) When a physician determines that the use of such a child restraint system for the particular child would be impractical or dangerous because of such factors as the child’s weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician to that effect.

      8.  As used in this section, “child restraint system” means any device that is designed for use in a motor vehicle to restrain, seat or position children. The term includes, without limitation:

      (a) Booster seats and belt-positioning seats that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;

      (b) Integrated child seats; and

      (c) Safety belts that are designed specifically to be adjusted to accommodate children.

SECTION 484.475  Boarding or alighting from vehicle; opening door of vehicle.

      1.  A person shall not board or alight from any vehicle while it is in motion.

      2.  A person shall not open the door of or board or alight from the side of a vehicle which is closest to passing traffic in such a manner as to interfere with moving vehicular traffic.

      3.  A person shall not leave open a door on the side of a vehicle which is closest to passing traffic longer than is necessary for immediate loading or unloading of passengers or cargo.

SECTION 484.477  Motor must be shut off when supply tank being filled with fuel.  It shall be unlawful for the driver of any motor vehicle to leave the engine of the motor vehicle running while the supply tank of the vehicle is being filled with gasoline or other motor fuel.

SECTION 484.479  Highway closed to traffic: Removal of barriers and signs unlawful; driving on highway unlawful; additional penalty for violation committed in work zone.

      1.  It is unlawful for any person to remove any barrier or sign stating that a highway is closed to traffic.

      2.  It is unlawful to pass over a highway that is marked, signed or barricaded to indicate that it is closed to traffic. A person who violates any provision of this subsection may be subject to the additional penalty set forth in SECTION 484.3667.

SECTION 484.491  Fusee: Limitation on color.  No fusee which produces other than red light shall be placed on the highway to warn of any stalled vehicle or other hazard to traffic.

SECTION 484.493  Police officer to remove lights and sirens unlawfully installed or operated.  A police officer shall remove and destroy, or cause to be removed and destroyed, all red, blue or amber lights and all sirens unlawfully installed or operated.

SECTION 484.495  Driving through safety zone prohibited.  No vehicle shall at any time be driven through or within a safety zone.

SECTION 484.496  Reflective material required for person directing or controlling traffic near school.  All flags, belts, apparel and devices issued to a pupil or any other person who is controlling or directing traffic near a school, when used during periods of darkness, must be made at least in part with reflective materials which are visible from 300 feet to approaching motorists using lawful lower beams of head lamps.

SECTION 484.497  Operator of tow car: Placement of warning signs when rendering assistance to disabled vehicle on certain roadways.  The operator of a tow car used for the purpose of rendering assistance to other vehicles shall, when the rendering of assistance necessitates the obstruction of any portion of the roadway outside a business or residence district, place a highway warning sign 100 feet in advance of and 100 feet to the rear of the disabled vehicle.

SECTION 484.499  Operator of tow car: Placement of flares, warning lights or reflectors near warning signs when rendering assistance to disabled vehicle on highway during darkness.  Where a motor vehicle is disabled on the highway during darkness, the tow car operator shall immediately upon arrival place warning signs upon the highway as prescribed in SECTION 484.497 and shall place not less than one red flare, red lantern, warning light or reflector in close proximity to each warning sign.

Operation of Bicycles and Vehicles for Play

SECTION 484.501  Penalty; responsibility of parent or guardian of minor; applicability to bicycle.

      1.  It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in SECTION 484.505 to 484.513, inclusive.

      2.  The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

      3.  The provisions applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

SECTION 484.503  Traffic laws apply to person riding bicycle.  Every person riding a bicycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle except as otherwise provided in SECTION 484.504 to 484.513, inclusive, and except as to those provisions of this chapter which by their nature can have no application.

SECTION 484.505  Riding on bicycle.

      1.  A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

      2.  No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

SECTION 484.507  Clinging to another vehicle on roadway prohibited.  No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

SECTION 484.509  Operating bicycle on roadway.

      1.  Every person operating a bicycle upon a roadway shall, except:

      (a) When traveling at a lawful rate of speed commensurate with the speed of any nearby traffic;

      (b) When preparing to turn left; or

      (c) When doing so would not be safe,

ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

      2.  Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

SECTION 484.511  Carrying articles.  No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.

SECTION 484.513  Lamps, reflectors and brakes required on bicycles.

      1.  Every bicycle when in use at night must be equipped with:

      (a) A lamp on the front which emits a white light visible from a distance of at least 500 feet to the front;

      (b) A red reflector on the rear of a type approved by the Department which must be visible from 50 feet to 300 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle; and

      (c) Reflective material of a sufficient size and reflectivity to be visible from both sides of the bicycle for 600 feet when directly in front of the lawful lower beams of the head lamps of a motor vehicle, or in lieu of such material, a lighted lamp visible from both sides from a distance of at least 500 feet.

      2.  Every bicycle must be equipped with a brake which will enable the operator to make the wheels skid on dry, level, clean pavement.

Operation of Low-Speed Vehicles

SECTION 484.527  “Low-speed vehicle” defined; highways upon which low-speed vehicles may be operated; exception.

      1.  As used in this section, “low-speed vehicle” means a motor vehicle:

      (a) Designed to carry not more than four persons;

      (b) Designed to operate at a maximum speed of at least 20 but not more than 25 miles per hour;

      (c) Having at least four wheels in contact with the ground;

      (d) Having an unladen weight of less than 1,800 pounds; and

      (e) Complying with the standards for safety of such a vehicle set forth in Federal Motor Safety Standard No. 500 at 49 C.F.R. § 571.500.

      2.  If registered, a low-speed vehicle may be operated upon a highway where the posted speed limit is 35 miles per hour or less. A person shall not operate a low-speed vehicle upon a highway where the posted speed limit is greater than 35 miles per hour, except to cross such a highway at an intersection.

EQUIPMENT OF VEHICLES

Scope and Effect of Regulations

SECTION 484.541  General requirements for equipment.

      1.  A person shall not drive, move, stop or park any vehicle, or cause or knowingly permit any vehicle to be driven, moved, stopped or parked, except for purposes of repair, on any highway if such vehicle:

      (a) Is in such unsafe condition as to endanger any person or property.

      (b) Is not equipped with lamps, reflectors, brakes, horn and other warning and signaling devices, windows, windshield, mirrors, safety glass, mufflers, fenders and tires, and other parts and equipment in the position, condition and adjustment required by the laws of this Tribe as to such parts and equipment of a vehicle on the highways of the Reservation at the time, under the conditions and for the purposes provided in such laws.

      2.  With respect to any vehicle being driven, moved, stopped or parked on any highway, it is unlawful for any person to do any act forbidden, or fail to perform any act required, by the laws of this Tribe relating to the lamps, brakes, fenders and other parts and equipment, size, weight and load as to such vehicle on the highways.

      3.  This section does not prohibit an authorized emergency vehicle from being equipped with and displaying flashing lights which do not indicate a right or left turn.

Lamps and Other Equipment for Lighting

SECTION 484.545  When lighted lamps are required.

      1.  Every vehicle upon a highway of this State, subject to exceptions with respect to parked vehicles as stated in this chapter, must display lighted lamps and illuminating devices as respectively required in this chapter for different classes of vehicles:

      (a) At any time from one-half hour after sunset to one-half hour before sunrise;

      (b) At any other time when, because of insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead; and

      (c) When directed by an official traffic control device.

      2.  Every vehicle upon a highway must be equipped with stop lights, turn signals and other signaling devices to be lighted in the manner prescribed for the use of such devices.

SECTION 484.547  Distance of visibility and mounted height of lamps.

      1.  Whenever there is a requirement as to distance from which lighted lamps and illuminating devices shall be visible, such requirements shall apply during the times and conditions specified in SECTION 484.545 and measured as though the vehicle were unloaded and upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is specified.

      2.  Whenever there is a requirement as to the mounted height of such lamps or devices, such height shall be measured from the center of the lamp or device to the level ground upon which the vehicle stands when the vehicle is unloaded.

SECTION 484.549  Head lamps on motor vehicles and special mobile equipment.

      1.  Every motor vehicle, other than a motorcycle or moped, shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this chapter.

      2.  Every head lamp upon every motor vehicle shall be located at a height, measured from the center of the head lamp, of not more than 54 inches nor less than 24 inches to be measured in the manner set forth in SECTION 484.547

.

      3.  Snow removal equipment used in clearing snow from highways and other special mobile equipment which by the nature of its design makes it impracticable to comply with the requirements of subsection 2 may have such head lamps located at a height higher than 54 inches.

SECTION 484.551  Tail lamps.

      1.  Except as otherwise provided in this chapter and SECTION 486.261, every motor vehicle, trailer, semitrailer and any vehicle which is being drawn at the end of a train of vehicles must be equipped with at least two tail lamps mounted on the rear, which, when lighted as required by this chapter, emit a red light plainly visible from a distance of 500 feet to the rear, except that vehicles manufactured before July 1, 1969, must have at least one tail lamp if they were originally equipped with only one tail lamp.

      2.  Only the tail lamp on the rearmost vehicle of a train of vehicles need actually be seen from the distance specified.

      3.  On vehicles equipped with more than one tail lamp, the lamps must be mounted on the same level, as widely spaced laterally as practicable and at a height of not more than 72 inches nor less than 15 inches.

      4.  Every passenger car, bus and truck under 80 inches in overall width must be equipped with a lamp so constructed and placed as to illuminate with a white light the rear registration or license plate and render it clearly legible from a distance of 50 feet to the rear.

      5.  All such lamps must be wired to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

      6.  The provisions of this section do not apply to towable tools or equipment which is being towed during the hours of daylight.

SECTION 484.553  Reflectors.

      1.  Except as provided in subsection 3, every motor vehicle, trailer, semitrailer and pole trailer must carry on the rear, either as a part of the tail lamps or separately, two or more red reflectors meeting the requirements of this section, except that vehicles of the types mentioned in SECTION 484.627 must be equipped with reflectors meeting the requirements of SECTION 484.565 and subsection 1 of SECTION 484.567.

      2.  Every such reflector must be mounted on the vehicle at a height not less than 15 inches nor more than 60 inches measured as set forth in SECTION 484.547, and must be of such size and characteristics and so mounted as to be visible at night from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful lower beams of head lamps, except that reflectors on vehicles manufactured or assembled before January 1, 1970, must be visible at night from all distances within 350 feet to 100 feet when directly in front of lawful upper beams of head lamps.

      3.  The provisions of this section do not apply to towable tools or equipment.

SECTION 484.555  Stop lamps.

      1.  Except as provided in subsection 5, every motor vehicle, trailer and semitrailer, and any vehicle which is being drawn at the end of a train of vehicles must be equipped with two or more stop lamps, except that any vehicle manufactured before July 1, 1969, must have at least one stop lamp if the vehicle was originally equipped with only one stop lamp.

      2.  Except as otherwise provided in this chapter, the stop lamp or lamps must:

      (a) Be on the rear of the vehicle, and if there are two or more than two must be as widely spaced laterally as practicable;

      (b) Display a red, amber or yellow light visible from a distance of not less than 300 feet to the rear in normal sunlight; and

      (c) Be activated upon application of the brake.

      3.  On a combination of vehicles, stop lamps on the rearmost vehicle only are required.

      4.  A stop lamp may be incorporated with a tail lamp.

      5.  The provisions of this section do not apply to towable tools or equipment.

SECTION 484.557  Turn signals.

      1.  Except as provided in subsection 6, every motor vehicle, trailer, semitrailer and any vehicle which is being drawn at the end of a train of vehicles must be equipped with electric turn signal lamps, except that vehicles less than 80 inches in overall width not originally equipped with electric turn signal lamps and manufactured before July 1, 1969, are not required to be equipped with such lamps.

      2.  Such lamps must be located on the front and rear of any such vehicle or combination of vehicles and must indicate an intention to turn by flashing lights in the direction toward which the turn is to be made.

      3.  The lamps showing to the front must be mounted on the same level and as widely spaced laterally as practicable and, when signaling, must emit white or amber light, or any shade of light between white and amber.

      4.  The lamps showing to the rear must be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, must emit red or amber light, or any shade of light between red and amber.

      5.  The lamps must be visible in normal sunlight from a distance of not less than 500 feet.

      6.  The provisions of this section do not apply to:

      (a) Mopeds;

      (b) Special mobile equipment, except when such equipment is being towed at the end of a train of vehicles;

      (c) Motorcycles propelled by a motor producing not more than 5 brake horsepower measured at the crankshaft and having a maximum speed not exceeding 30 miles per hour upon maximum acceleration from a standing start for 1 mile on a level surface; or

      (d) Towable tools or equipment.

SECTION 484.559  Requirements for pole trailer.  The requirements of this chapter with respect to reflectors, stop lamps, turn signal lamps and tail lamps for pole trailers may be met by displaying such reflectors or lamps on the rearmost portion of the load.

SECTION 484.561  Additional equipment for lighting required on certain vehicles.

      1.  In addition to other equipment required in this chapter the following vehicles shall be equipped as stated in this section.

      2.  On every bus or truck 80 inches or more in overall width manufactured after January 1, 1970, there shall be the following:

      (a) On the front, two clearance lamps, one at each side, and three identification lamps meeting the requirements of subsection 8.

      (b) On the rear, two clearance lamps, one at each side, and three identification lamps meeting the requirements of subsection 8.

      (c) On each side, two side marker lamps, one at or near the front and one at or near the rear.

      (d) On each side, two reflectors, one at or near the front and one at or near the rear.

      3.  On every trailer or semitrailer 80 inches or more in overall width there shall be the following:

      (a) On the front, two clearance lamps, one at each side.

      (b) On the rear, two clearance lamps, and three identification lamps meeting the requirements of subsection 8.

      (c) On each side, two side marker lamps, one at or near the front and one at or near the rear.

      (d) On each side, two reflectors, one at or near the front and one at or near the rear.

      4.  For the purposes of this section "converter dolly" means a vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which converts a semitrailer to a full trailer. Each such dolly, when towed singly by another vehicle, and not as part of a full trailer, shall be equipped with one stop lamp, one tail lamp and two reflectors on the rear. No lighting devices or reflectors are required on the front or sides of any such dolly.

      5.  In addition to the requirements of subsection 3, on every trailer and semitrailer 30 feet or more in overall length there shall be, on each side, one amber side marker lamp and one amber reflector, centrally located with respect to the length of the trailer and semitrailer.

      6.  On the front of every truck-tractor there shall be two cab clearance lamps, one at each side, and if the truck-tractor is manufactured after January 1, 1970, three identification lamps meeting the requirements of subsection 8.

      7.  On every pole trailer there shall be the following:

      (a) On each side, one amber side marker lamp at or near the front of the load.

      (b) On each side, one amber reflector at or near the front of the load.

      (c) On the rearmost part of the load or the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate the maximum width of the pole trailer.

      8.  Identification lamps shall be grouped in a horizontal row, with lamp centers spaced not less than 6 nor more than 12 inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical centerline, except that where the cab of a vehicle is not more than 42 inches wide at the front roof line, a single identification lamp at the center of the cab shall be sufficient to comply with the requirements for front identification lamps.

      9.  On trailers designed to carry boats, front and rear clearance lamps may be located on each side of the trailer at or near the mid-point of the trailer between the front and rear of the trailer to indicate the extreme width of the trailer.

      10.  The provisions of this section shall not apply to a mobile home.

SECTION 484.563  Colors of certain lamps, lights and reflectors.

      1.  Front clearance lamps, identification lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle must display or reflect an amber color.

      2.  Rear clearance lamps, identification lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle must display or reflect a red color.

      3.  All lighting devices and reflectors mounted on the rear of any vehicle must display or reflect a red color, except that:

      (a) The stoplight or other signal device may be red, amber or yellow.

      (b) The light illuminating the license plate must be white.

      (c) The light emitted by a backup lamp must be white or amber.

      (d) The tail lamp on a motorcycle may contain a blue insert as authorized in SECTION 486.261.

SECTION 484.565  Mounting of reflectors, clearance lamps and side marker lamps.

      1.  Reflectors required in SECTION 484.563 shall be mounted at a height not less than 15 inches and not higher than 60 inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than 15 inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit.

      2.  Any required red reflector on the rear of such vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter.

      3.  Except as provided in subsections 4 and 5, clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required in this chapter with reference to both.

      4.  When rear identification lamps are mounted at the extreme height of the vehicle, rear clearance lamps may be mounted at optional height.

      5.  When mounting of front clearance lamps at the highest point of a trailer results in such lamps failing to mark the extreme width of a trailer, such lamps shall be mounted at a height to indicate the extreme width of the trailer.

SECTION 484.567  Visibility requirements for reflectors, clearance lamps, identification lamps and marker lamps.

      1.  Every reflector required by SECTION 484.561 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful lower beams of head lamps.

      2.  Every front and rear clearance lamp and identification lamp required by SECTION 484.561 shall be capable of being seen and distinguished under normal atmospheric conditions at the times lighted lamps are required at all distances between 500 feet to 50 feet from the front and rear, respectively, of the vehicle on which mounted.

      3.  Every side marker lamp required by SECTION 484.561 shall be capable of being seen and distinguished under normal atmospheric conditions at the times lighted lamps are required at all distances between 500 and 50 feet from the side of the vehicle on which mounted.

SECTION 484.569  Obstructed lights.  Whenever motor vehicles and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which by reason of its location on a vehicle of the combination would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps or that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.

SECTION 484.571  Lamps on parked vehicle.

      1.  Every vehicle shall be equipped with one or more lamps which, when lighted, shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and one or more lamps which, when lighted, shall display a red light visible from a distance of 500 feet to the rear of the vehicle. The location of such lamps shall be such that at least one such lamp is installed as near as practicable to the side of the vehicle which is closest to passing traffic.

      2.  Whenever a vehicle is parked upon the traveled portion of a highway during the times mentioned in SECTION 484.545 and there is sufficient light to reveal any person or object within a distance of 1,000 feet upon such highway, no lights need be displayed upon such parked vehicle.

      3.  Whenever a vehicle is parked or stopped upon the traveled portion of a highway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in SECTION 484.545, and there is insufficient light to reveal any person or object within a distance of 1,000 feet upon such highway or roadway, such vehicle shall display lighted lamps meeting the requirements of subsection 1.

      4.  Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

SECTION 484.573  Lamps and reflectors on farm tractors, farm equipment and implements of husbandry.

      1.  Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry manufactured after January 1, 1970, shall be equipped with vehicular hazard-warning lamps of a type described in SECTION 484.585, visible from a distance of not less than 1,000 feet to the front and rear in normal sunlight, which shall be displayed whenever any such vehicle is operated upon a highway.

      2.  Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry manufactured after January 1, 1970, shall at all times, and every other such vehicle shall, during the times mentioned in SECTION 484.545, be equipped with lamps and reflectors as follows:

      (a) At least two head lamps meeting the requirements of SECTION 484.587.

      (b) At least one red lamp visible when lighted from a distance of not less than 1,000 feet to the rear, mounted as far to the left of the center of the vehicle as practicable.

      (c) At least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of head lamps.

      3.  Every combination of farm tractor and towed farm equipment or implement of husbandry shall at all times mentioned in SECTION 484.545 be equipped with lamps and reflectors as follows:

      (a) The farm tractor shall be equipped as required in subsections 1 and 2.

      (b) If the towed unit extends more than 4 feet to the rear of the tractor or obscures any lamp on the tractor, such unit shall be equipped on the rear with at least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of head lamps.

      (c) If the towed unit extends more than 4 feet to the left of the centerline of the tractor, such unit shall be equipped on the front with an amber reflector visible from all distances within 600 feet to 100 feet to the front when directly in front of lawful beams of head lamps. Such reflector shall be so positioned as to indicate, as nearly as practicable, the extreme left projection of the towed unit.

      4.  The two red reflectors required by subsection 3 shall be so positioned as to show from the rear, as nearly as practicable, the extreme width of the vehicle or combination carrying them.

SECTION 484.575  Lamps and reflectors on other vehicles.  All vehicles including animal-drawn vehicles not otherwise specifically required to be equipped with lamps, shall at all times specified in SECTION 484.545 be equipped with at least one lamp displaying a white light visible from a distance of not less than 500 feet to the front of the vehicle and two lamps displaying a red light visible from a distance of not less than 500 feet to the rear of the vehicle or one lamp displaying a red light visible from a distance of not less than 500 feet to the rear and two red reflectors visible from all distances of 600 to 100 feet to the rear when illuminated by the lawful lower beams of head lamps.

SECTION 484.577  Spot lamps, auxiliary lamps and lamps for fog.

      1.  Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will strike the windshield, or any windows, mirror or occupant of a vehicle in use.

      2.  Any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of SECTION 484.587 apply to any combination of head lamps and auxiliary driving lamps.

      3.  Any motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height of not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of SECTION 484.587 apply to any combination of head lamps and auxiliary passing lamps.

      4.  Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the lamp from which it comes. Such lighted fog lamps may be used with lower head lamp beams as provided in SECTION 484.587.

SECTION 484.582  Display of flashing amber warning light and signs by certain vehicles used to sell food or beverage.

      1.  Any vendor of food or beverages who operates on public streets a vehicle which moves at a speed slower than the normal flow of traffic and which stops or stands on the street or adjacent to the curb so that customers may be served from the vehicle shall, upon obtaining a permit pursuant to SECTION 484.579, mount a flashing or rotating amber warning light on the roof of that vehicle and shall display warning signs on the vehicle pursuant to subsection 3.

      2.  The amber light must be in operation when the vehicle is:

      (a) Moving down a street soliciting customers at a speed of less than 15 miles per hour; or

      (b) Stopped or standing on the street or adjacent to a curb to serve customers.

      3.  The warning signs displayed on the vehicle must advise drivers of other vehicles of the danger of the presence of children around the vehicle. These signs must substantially conform to the color and style of print used on the warning signs displayed on public school buses in this State.

SECTION 484.583  Display of flashing amber warning light by vehicle of public utility.  Public utility vehicles actually engaged in the construction, removal, maintenance or inspection of utility facilities may display flashing amber warning lights to the front, sides or rear when necessarily parked other than adjacent to the curb in a highway, or when moving at a speed slower than the normal flow of traffic.

SECTION 484.585  Additional equipment for lighting.

      1.  Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.

      2.  Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side of the vehicle which shall emit a white or amber light without glare.

      3.  Any motor vehicle may be equipped with inside door-mounted red lamps or red reflectorizing devices or material visible to the rear of the vehicle when the doors are open.

      4.  Any motor vehicle may be equipped with one or more backup lamps either separately or in combination with other lamps. Backup lamps shall not be lighted when the vehicle is in forward motion.

      5.  Any vehicle may be equipped with lamps which may be used for the purpose of warning the drivers of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped may display such warning in addition to any other warning signals required by this chapter. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. Whenever a vehicle has been equipped with such lamps they shall be kept in good operating condition. These warning lamps shall be visible from a distance of not less than 500 feet in normal sunlight.

      6.  Any motor vehicle may be equipped with not more than two lamps designed and of sufficient intensity for the purpose of revealing objects only in the direction of the turn while the vehicle is turning or while the turn signal lamps are operating to signal an intention to turn. The lamps shall be designed so that no glaring light is projected into the eyes of an approaching driver.

      7.  Any vehicle 80 inches or more in overall width, if not otherwise required by SECTION 484.561, may be equipped with not more than three identification lamps showing to the front, which shall emit an amber light without glare, and not more than three identification lamps showing to the rear, which shall emit a red light without glare. Such lamps shall be mounted in the manner provided in SECTION 484.561.

      8.  Every motor vehicle, trailer, semitrailer and pole trailer 80 inches or more in overall width or 30 feet or more in overall length manufactured after January 1, 1970, shall be equipped with hazardous warning lamps meeting the requirements of subsection 5.

SECTION 484.587  Equipment for lighting road with multiple beams.  Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp, or combination thereof, on motor vehicles other than motorcycles or mopeds shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:

      1.  There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.

      2.  There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight, level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

      3.  Every new motor vehicle, other than a motorcycle or moped, registered in this State after January 1, 1956, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.

SECTION 484.589  Use of equipment for lighting road with multiple beams.  Whenever a motor vehicle is being operated on the traveled portion of the highway, or shoulder adjacent thereto, during the times specified in SECTION 484.545, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

      1.  Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in subsection 2 of SECTION 484.587, shall be deemed to avoid glare at all times, regardless of road contour and loading.

      2.  Whenever the driver of a vehicle follows another vehicle within 300 feet to the rear, the driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in subsection 1 of SECTION 484.587.

SECTION 484.591  Number and intensity of lamps on front of vehicle.

      1.  At all times specified in SECTION 484.545, a lighted head lamp or head lamps meeting the requirements of SECTION 484.549 shall be displayed on a motor vehicle except when the vehicle is parked.

      2.  Whenever a motor vehicle equipped with head lamps is also equipped with any auxiliary lamps, spot lamp or any other lamp on the front projecting a beam of intensity greater than 300 candle power, not more than a total of four of any such lamps may be lighted at one time when upon a highway.

Brakes

SECTION 484.593  Equipment required.

      1.  Every motor vehicle, trailer, semitrailer, house trailer and pole trailer, and any combination of those vehicles operating upon a highway must be equipped with brakes in compliance with the requirements of this chapter.

      2.  Every such vehicle and combination of vehicles, except:

      (a) Special mobile equipment towed by a motor vehicle at a speed of 20 miles per hour or less;

      (b) Trailers, semitrailers and house trailers having a gross weight of 3,000 pounds or less, except as provided in subsection 6; and

      (c) Pole dollies when used in the transportation of poles at a speed of 20 miles per hour or less by a public utility or agency engaged in the business of supplying electricity or telephone service, when the transportation is between storage yards or between a storage yard and a job location where the poles are to be used,

Ê must be equipped with service brakes complying with the performance requirements of SECTION 484.595 and adequate to control the movement of and to stop and hold that vehicle under all conditions of loading, and on any grade incident to its operation.

      3.  Every such vehicle and combination of vehicles, except motorcycles or mopeds, must be equipped with parking brakes adequate to hold the vehicle or combination of vehicles on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice or loose material. The parking brakes must be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power-assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes must be so designed that when once applied they remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake-shoe anchors and mechanical brake-shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they must be so constructed that failure of any one part will not leave the vehicle without operative brakes.

      4.  Every vehicle must be equipped with brakes acting on all wheels except:

      (a) Trailers, semitrailers, house trailers or pole trailers, manufactured or assembled before July 1, 1975, having a gross weight of 3,000 pounds or less.

      (b) Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of SECTION 484.595.

      (c) Trucks and truck-tractors having three or more axles, which need not have brakes on the front wheels, except that when those vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. However, those trucks and truck-tractors must be capable of complying with the performance requirements of SECTION 484.595.

      (d) Special mobile equipment.

      (e) Any vehicle with three wheels in contact with the ground, two of which are equipped with brakes if the vehicle is capable of complying with the performance requirements of SECTION 484.595.

      5.  Every trailer, semitrailer, house trailer and pole trailer equipped with air- or vacuum-actuated brakes and every trailer, semitrailer, house trailer and pole trailer with a gross weight in excess of 3,000 pounds, manufactured or assembled after July 1, 1969, must be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least 15 minutes, upon breakaway from the towing vehicle.

      6.  Every trailer, semitrailer, house trailer or pole trailer of 3,000 pounds or more gross weight or equaling more than 40 percent of the towing vehicle, manufactured or assembled before July 1, 1975, must be equipped with brakes on at least two wheels.

      7.  Except as otherwise provided by law, every motor vehicle used to tow a trailer, semitrailer, house trailer or pole trailer equipped with brakes must be equipped with means for providing that, in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes.

      8.  Air brake systems installed on trailers must be so designed that the supply reservoir used to provide air for the brakes is safeguarded against backflow of air from the reservoir through the supply line.

      9.  Every motor vehicle, trailer, semitrailer, house trailer or pole trailer, manufactured or assembled after July 1, 1975, and operating upon a highway must be equipped with service brakes on all wheels of every vehicle, except:

      (a) A trailer, semitrailer, house trailer or pole trailer of less than 1,500 pounds gross weight need not be equipped with brakes; and

      (b) Three-axle trucks, trucks and truck-tractors need only be equipped with brakes on all wheels of the two rear axles.

SECTION 484.595  Requirements for performance.

      1.  Every motor vehicle and combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall be capable of:

      (a) Developing a braking force that is not less than the percentage of its gross weight tabulated in subsection 2 for its classification;

      (b) Decelerating to a stop from not more than 20 miles per hour at not less than the feet per second per second tabulated in subsection 2 for its classification; and

      (c) Stopping from a speed of 20 miles per hour, in not more than the distance tabulated in subsection 2 for its classification, such distance to be measured from the point at which movement of the service brake pedal or control begins.

      2.  The required braking forces, decelerations and braking distances are tabulated as follows:

                                                                                                                                Brake system

                                                                                                                                  application

                                                                                 Braking                                   and braking

                                                                                force as a                                    distance

                                                                              percentage                                     in feet

                                                                                 of gross                                      from an

                                                                               vehicle or        Deceleration        initial

                Classification                                     combination        in feet per       speed of

                  of Vehicles                                            weight                second          20 m.p.h.

      Passenger vehicles with a seating capacity of 10 people or less including driver, not having manufacturer's gross vehicle weight rating.......                        52.8%                 17  25

      All motorcycles, mopeds and motor-driven cycles                         43.5%                 14  30

      Single-unit vehicles with manufacturer's gross vehicle weight rating of 10,000 pounds or less                                                                         43.5%                       14                    30

      Single-unit vehicles with manufacturer's gross weight rating of more than 10,000 pounds                                                                               43.5%                       14                    40

      Combination of a two-axle towing vehicle and trailer with a gross trailer weight of 3,000 pounds or less                                                                      43.5%                     14                    40

      Buses, regardless of the number of axles, not having a manufacturer's gross weight rating                                                                                43.5%                       14                    40

      All combinations of vehicles in driveaway-towaway operations                           43.5%               14                                                                   40

      All other vehicles and combinations of vehicles                              43.5%                 14  50

      3.  Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus 1-percent grade), dry, smooth, hard surface that is free from loose material.

SECTION 484.597  Maintenance.  All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

SECTION 484.599  Equipment for towing vehicle.

      1.  Every towing vehicle, when used to tow another vehicle equipped with air-controlled brakes, in other than driveaway or towaway operations, shall be equipped with two means for emergency application of the trailer brakes. One of these means shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure, which shall be not lower than 20 pounds per square inch nor higher than 45 pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate.

      2.  Every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single-control device required by SECTION 484.601, a second control device which can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic and other pressure, and independent of other controls, unless the braking system is so arranged that failure of the pressure upon which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking.

SECTION 484.601  Arrangement of system; device for control.  Every motor vehicle, trailer, semitrailer, house trailer and pole trailer, and every combination of such vehicles, except motorcycles, mopeds, power cycles and motor-driven cycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. The braking system on the towed vehicle may be surge actuated brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle.

SECTION 484.603  Reservoirs.

      1.  Every bus, truck or truck-tractor with air-operated brakes shall be equipped with at least one reservoir sufficient to insure that, when fully charged to the maximum pressure as regulated by the air compressor governor cutout setting, a full service brake application may be made without lowering such reservoir pressure by more than 30 percent. Each reservoir shall be provided with means for readily draining accumulated oil or water.

      2.  Every truck with three or more axles equipped with vacuum-assistor type brakes and every truck-tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to insure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than 30 percent.

      3.  All motor vehicles, trailers, semitrailers and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum shall not be depleted by the leak or failure.

SECTION 484.605  Warning signals and devices for certain buses, trucks and truck-tractors.

      1.  Every bus, truck or truck-tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the air reservoir pressure of the vehicle is below 50 percent of the air compressor governor cutout pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking.

      2.  Every truck-tractor and truck used for towing a vehicle equipped with vacuum-operated brakes and every truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, shall be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity is less than 8 inches of mercury.

      3.  When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be an adequate means of satisfying this requirement.

SECTION 484.6055  Conditions upon use of compression brakes; penalty.

      1.  The driver of a vehicle which is equipped with a device for braking that uses the compression of the engine of the vehicle shall not use the device at any time unless:

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

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

      2.  A person who violates the provisions of this section is guilty of a Category D offense.

Odometers

SECTION 484.606  Definitions.  As used in SECTION 484.606 to 484.6069, inclusive, unless the context otherwise requires:

      1.  "Odometer" means an instrument for measuring and recording the total distance which a motor vehicle travels while in operation. The term does not include any auxiliary odometer designed to be reset by the operator of the motor vehicle.

      2.  "Repair and replacement" means restoration to a sound working condition by replacing the odometer or any part thereof, or by correcting what is inoperative.

      3.  "Transfer" means to change ownership by purchase, gift or any other means.

Other Equipment

SECTION 484.607  Horns and other warning devices.

      1.  Every motor vehicle when operated upon a highway must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but the horn or other warning device must not emit an unreasonably loud or harsh sound or a whistle.

      2.  A person driving a motor vehicle shall, when reasonably necessary to ensure safe operation, give audible warning with his horn, but shall not otherwise use the horn when upon a highway.

      3.  A vehicle must not be equipped with, and a person shall not use upon a vehicle, a siren, whistle or bell, except as otherwise provided in this chapter.

      4.  It is permissible, but not required, to equip a vehicle with a theft alarm which is arranged so that it cannot be used by the driver as an ordinary warning signal.

      5.  An authorized emergency vehicle may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet, but the siren must not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the driver of the vehicle may sound the siren to warn pedestrians and other drivers of his approach. A driver of an emergency vehicle may operate the vehicle's warning lamps without sounding the siren.

      6.  A driver of an emergency vehicle who operates the vehicle's warning lamps without sounding the siren shall be deemed to have adequately warned pedestrians and other drivers of his approach for the purpose of determining whether the driver met the duty to drive with due regard for the safety of all persons pursuant to SECTION 484.261.

SECTION 484.609  Unlawful to operate out-of-state or foreign privately owned motor vehicle equipped with red light or siren; exception; penalty.

      1.  It is unlawful for any person to operate or cause to be operated upon the public highways of the State of Nevada any out-of-state or foreign privately owned motor vehicle equipped with a red light or siren attached thereto as a part of the equipment of the vehicle.

      2.  This section is not intended to repeal, amend or in any manner change the existing law insofar as it applies to domestic and foreign motor vehicles except in the particular instance set out in subsection 1 and this section does not apply to motor vehicles registered in foreign states having reciprocal arrangements made with the Department in relation to the use of red lights and sirens upon out-of-state motor vehicles.

      3.  A violation of the provisions of this section is punishable by a fine of not more than $250.

SECTION 484.611  Mufflers: Prevention of emissions.

      1.  Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent emissions greater than those allowed by rules and regulations established by the Department. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.

      2.  The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

SECTION 484.612  Mudguards.  Every truck, truck-tractor, trailer, semitrailer or combination of those vehicles having a manufacturer's gross vehicle weight rating of 26,000 pounds or more, when operated upon a highway, must be equipped with mudguards suspended behind its rear wheels.

SECTION 484.613  Mirrors on trucks.  Every truck using the highways of this State, having a body of such width or height that obscures a view of the road to the rear, shall be equipped with a mirror carried in such position that the driver of the truck shall be able to see reflected in the mirror traffic approaching from the rear.

SECTION 484.617  Mirrors on all motor vehicles.  On and after January 1, 1970, every motor vehicle, operated singly or when towing any other vehicle, shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such motor vehicle.

SECTION 484.619  Windshield and windows must be unobstructed.

      1.  A person shall not drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, side wings or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.

, or Tribal law.

SECTION 484.6195  Restrictions on tinting of windshield or side or rear window.

      1.  As used in this section, unless the context otherwise requires, "light transmission" means the ratio of the amount of light which is allowed to pass through a product or material to the amount of light which falls on it.

      2.  Except as otherwise provided in subsections 3, 4 and 5 a person shall not:

      (a) Place, install, affix or apply upon the windshield or any side or rear window of a motor vehicle which is required to be registered in this State; or

      (b) Operate on any highway a motor vehicle required to be registered in this State on which there has been placed, installed, affixed or applied upon the windshield or any side or rear window of the motor vehicle,

Ê any transparent material which alters the color or reduces the light transmission of the windshield or side or rear window.

      3.  The prohibition set forth in subsection 2 does not apply to:

      (a) A window that is to the immediate right or left of the driver if the window is:

             (1) Nonreflective; and

             (2) Has a total light transmission through the combination, if any, of transparent material and safety glazing of not less than 35 percent with a tolerance of 7 percent.

      (b) A side window that is to the rear of the driver, or a rear window, if the vehicle has outside mirrors on each side that are located so as to reflect to the driver a view of the highway through each mirror for a distance of not less than 200 feet to the rear of the vehicle.

      (c) Any transparent material that is installed, affixed or applied to the topmost portion of the windshield if:

             (1) The bottom edge of the material is not less than 29 inches above the undepressed driver's seat when measured from a point 5 inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface; and

             (2) The material is not red or amber in color.

      4.  The prohibition set forth in paragraph (b) of subsection 2 does not apply to a motor vehicle with a model year of 1993 or older, if transparent material was placed, installed, affixed or applied upon the windshield or any side or rear window of the motor vehicle before July 1, 1993.

      5.  This section does not prohibit the operation or sale of a motor vehicle which has a windshield or windows that are covered by or treated with any material, if the vehicle was sold when new or could have been sold when new with such material as standard or optional equipment without violating any federal statute or regulation governing the sale at the time of manufacture.

      6.  The Director may, by regulation, provide for exemptions and exceptions from the provisions of subsection 2.

      7.  For the purposes of SECTION 483.473, a violation of subsection 2 is not a moving traffic violation.

SECTION 484.621  Windshield wipers.

      1.  Every motor vehicle, except motorcycles or mopeds, equipped with a windshield shall be equipped with a self-operating windshield wiper system which shall be so constructed as to be controlled by the driver.

      2.  The windshield wiper system with which the vehicle is equipped shall be maintained in good operating condition and capable of effectively clearing the windshield so as to provide clear vision through the windshield for the driver under all ordinary conditions of rain, snow or other moisture.

      3.  The wiper system shall be operated while the vehicle is being driven during conditions of rain, snow or other moisture which obstruct or reduce the driver's clear view through the windshield.

      4.  Subsection 1 does not apply to highway maintenance vehicles, special mobile equipment, implements of husbandry, or vehicles manufactured before July 1, 1935, with adequate manually operated windshield wipers.

SECTION 484.627  Certain vehicles to carry pot torches, lanterns or reflectors; display of devices when vehicle is disabled.

      1.  Every bus, truck and truck-tractor and every combination of vehicles 80 inches or more in overall width, except implements of husbandry, shall be equipped with at least three pot torches, three red electric lanterns or three red emergency reflectors.

      2.  Except as otherwise provided in subsections 3, 4 and 5, when any such vehicle is disabled on any portion of the traveled portion of a highway during any time specified in SECTION 484.545, such torches, lanterns or reflectors shall be placed as soon as possible as follows:

      (a) One at the traffic side of the vehicle, not more than 10 feet to the front or rear thereof;

      (b) One at a distance of approximately 100 feet to the rear of the disabled vehicle in the center of the traffic lane occupied by such vehicle; and

      (c) One at a distance of approximately 100 feet to the front of the vehicle in the center of the traffic lane occupied by such vehicle.

      3.  If the vehicle is disabled within 500 feet of a curve, crest of a hill or other obstruction to view, the torch, lantern or reflector to be placed in that direction shall be placed so as to afford ample warning to other users of the highway, but not less than 100 feet or more than 500 feet from the vehicle.

      4.  When any such vehicle is disabled on any portion of the traveled portion of a one-way highway with two or more traffic lanes during any time specified in SECTION 484.545, such torches, lanterns or reflectors shall be placed as soon as possible as provided in subsection 2, except that the torch, lantern or reflector to be placed at the front of the vehicle shall be placed 200 feet to the rear of the vehicle.

      5.  When any such vehicle is disabled or parked off the traveled portion of a highway, but within 10 feet of such portion, during any time specified in SECTION 484.545, such torches, lanterns or reflectors shall be placed as soon as possible as follows:

      (a) One at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle;

      (b) One at a distance of approximately 100 feet to the rear of the vehicle; and

      (c) One at a distance of approximately 200 feet to the rear of the vehicle.

      6.  When any such vehicle is equipped with front turn signals which flash simultaneously and rear turn signals which flash simultaneously or with fusees, such turn signals shall be immediately operated or such fusees shall be placed as provided in this section for the placing of torches, lanterns or reflectors until such torches, lanterns or reflectors have been placed.

SECTION 484.629  Display of warning devices by vehicle of public utility parked at site of work.  When utility or public utility vehicles are parked, stopped or standing at the site of work as described in SECTION 484.583, warning devices shall be displayed as follows:

      1.  During daylight, warning devices shall consist of either:

      (a) A warning flag or barricade striping on the front and rear of the vehicle.

      (b) A warning flag, sign or barrier on the highway not more than 50 feet in advance of the vehicle and not more than 50 feet to the rear thereof, except that in zones where the speed limit is in excess of 25 miles per hour the 50-foot distance may be increased up to 500 feet from the vehicle as circumstances may warrant.

      2.  During darkness, the warning devices shall consist of either:

      (a) One or more flashing amber warning lights on the vehicle giving warning to approaching traffic from each direction; or

      (b) A warning light, flare, fusee or reflector on the highway not more than 50 feet in advance of the vehicle and not more than 50 feet to the rear thereof, except that in zones where the speed limit is in excess of 25 miles per hour the 50-foot distance may be increased up to 500 feet from the vehicle where circumstances may warrant.

      3.  The provisions of subsection 1 or 2 do not prevent the display of both types of the warning devices during daylight or darkness.

      4.  During either daylight or darkness, no warning device is necessary if the vehicle is equipped with the flashing warning lights visible to approaching traffic from each direction as provided in subsection 2.

SECTION 484.631  Tow cars required to be equipped with broom, shovel and fire extinguisher; duties of driver; failure to perform duties.

      1.  Tow cars must be equipped with:

      (a) One or more brooms, and the driver of the tow car engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed.

      (b) A shovel, and whenever practical the driver of the tow car engaged to remove any disabled vehicle shall spread dirt upon any portion of the roadway where oil or grease has been deposited by the disabled vehicle.

      (c) At least one fire extinguisher of the dry chemical or carbon dioxide type, with minimum effective chemicals of no less than 5 pounds, with an aggregate rating of at least 10-B, C units, which must bear the approval of a laboratory nationally recognized as properly equipped to grant such approval.

      2.  A citation may be issued to any driver of a tow car who violates any provision of paragraph (a) of subsection 1. The peace officer who issues the citation shall report the violation to the Nevada Highway Patrol or the sheriff of the county or the chief of police of the city in which the roadway is located. If necessary, the Nevada Highway Patrol, sheriff or chief of police shall cause the roadway to be cleaned and shall bill the owner or operator of the tow car for the costs of the cleaning. If the owner or operator does not pay those costs within 30 days after receiving the bill therefor, the Nevada Highway Patrol, sheriff or chief of police shall report such information to the Transportation Services Authority, which may take disciplinary action in accordance with the provisions of SECTION 706.449.

SECTION 484.633  Equipment for tow car: Flashing amber warning lamp; flares, lanterns, lights or reflectors.  Tow cars used to tow disabled vehicles must be equipped with:

      1.  Flashing amber warning lamps which must be displayed as may be advisable to warn approaching drivers during the period of preparation at the location from which a disabled vehicle is to be towed. A flashing amber warning lamp upon a tow car may be displayed to the rear when the tow car is towing a vehicle and moving at a speed slower than the normal flow of traffic.

      2.  At least two red flares, two red lanterns or two warning lights or reflectors which may be used in conjunction with the flashing amber warning lamps or in place of those lamps if the lamps are obstructed or damaged at the location from which a disabled vehicle is to be towed.

SECTION 484.637  Equipment for tow car: Rear and stop lamps; portable electric extension cord.

      1.  Tow cars used to tow vehicles shall be equipped with and carry a rear lamp, a stop lamp and a portable electric extension cord for use in displaying the lamp on the rear of the disabled vehicle.

      2.  Whenever a disabled vehicle is towed, the tow car operator shall connect and display such lamps, or a combination of them, on the rear of the disabled vehicle by means of the extension cord.

SECTION 484.639  Television-type receiving equipment.

      1.  A person shall not drive any motor vehicle equipped with television-type receiving equipment so located that the viewer or screen is visible from the driver's seat.

      2.  This section does not prohibit the use of television-type receiving equipment used exclusively for traffic safety, law enforcement or the navigation of a motor vehicle.

SECTION 484.641  Safety belts and shoulder harness assembly; requirements for child and other passenger; penalty; exemptions.

      1.  It is unlawful to drive a passenger car manufactured after:

      (a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.

      (b) January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff's office.

      (c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.

      2.  Any person driving, and any passenger who:

      (a) Is 6 years of age or older; or

      (b) Weighs more than 60 pounds, regardless of age,

Ê who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 10,000 pounds, on any highway, road or street on this Reservation shall wear a safety belt if one is available for his seating position.

      3.  A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child who:

      (a) Is 6 years of age or older but less than 18 years of age, regardless of weight; or

      (b) Is less than 6 years of age but who weighs more than 60 pounds,

Ê a citation must be issued to the driver for his failure to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations.  Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of community service.

      4.  A violation of subsection 2:

      (a) Is a moving traffic violation under SECTION 483.473.

      (b) May be considered as negligence or as causation in any civil action or as negligent or reckless driving.

      (c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.

      5.  The Department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.

      6.  The provisions of subsections 2 and 3 do not apply:

      (a) To a driver or passenger who possesses a written statement by a physician certifying that he is unable to wear a safety belt for medical or physical reasons;

      (b) If the vehicle is not required by federal law to be equipped with safety belts;

      (c) To an employee of the United States Postal Service while delivering mail in the rural areas of this State;

      (d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or

      (e) Except as otherwise provided in SECTION 484.6415, to a passenger riding in a means of public transportation, including a school bus or emergency vehicle.

      7.  It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.

SECTION 484.6411  Safety belts and shoulder harness assembly.

      1.  It is unlawful to drive a passenger car manufactured after January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seat positions.

      2.  It is unlawful to drive a passenger car manufactured after January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent passenger-seating position. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff's office.

      3.  It is unlawful to drive a passenger car manufactured after January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.

      4.  The Department shall exempt those types of motor vehicles or seating positions from the requirements of this section when compliance would be impractical.

      5.  It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.

SECTION 484.6415  Use of safety belts within taxicabs.

      1.  Any passenger 18 years of age or older who rides in the front or back seat of any taxicab on any highway, road or street on this Reservation shall wear a safety belt if one is available for his seating position, except that this subsection does not apply:

      (a) To a passenger who possesses a written statement by a physician certifying that he is unable to wear a safety belt for medical or physical reasons; or

      (b) If the taxicab was not required by federal law at the time of initial sale to be equipped with safety belts.

      2.  A citation must be issued to any passenger who violates the provisions of subsection 1. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 1 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of community service.

      3.  A violation of subsection 1:

      (a) Is not a moving traffic violation under SECTION 483.473.

      (b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under SECTION 484.377.

      (c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.

      4.  An owner or operator of a taxicab shall post a sign within each of his taxicabs advising passengers that they must wear safety belts while being transported by the taxicab. Such a sign must be placed within the taxicab so as to be visible to and easily readable by passengers, except that this subsection does not apply if the taxicab was not required by federal law at the time of initial sale to be equipped with safety belts.

SECTION 484.6425  Use of certain studded tires prohibited.

      1.  Except as provided in subsection 2, a person shall not operate any motor vehicle equipped with tires which have on the periphery any block, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the thread of the traction surface of the tire.

      2.  This section does not prohibit:

      (a) Tire chains or traction devices.

      (b) Pneumatic tires which have embedded therein wire not exceeding 0.075 inch in diameter and which are so constructed that under no conditions will the percentage of metal in contact with the roadway exceed 5 percent of the total tire area in contact with the roadway, except that during the first 1,000 miles of use, the metal in contact with the roadway may exceed 5 percent of the tire area in contact with the roadway but must not exceed 20 percent of that area.

      (c) Pneumatic tires containing metal-type studs of tungsten carbide or other suitable material which are so inserted or constructed that under no conditions will the percentage of metal in contact with the roadway exceed 3 percent of the total tire area in contact with the roadway, but such tires may only be used between October 1 and April 30.

      (d) The operation of vehicles upon unimproved roadways when necessary in the construction or repair of highways.

      (e) The operation of traction engines or tractors under conditions of a permit first obtained from the Department of transportation with respect to highways under its jurisdiction or the governing body of a city or county with respect to roads under its jurisdiction.

SECTION 484.643  Traction devices, tire chains or snow tires: Use required where highway marked or posted.

      1.  It is unlawful for any person to operate a motor vehicle, whether it is an emergency vehicle or otherwise, without traction devices, tire chains or snow tires upon any street or highway, under icy or snowy conditions, when the highway is marked or posted with signs for the requirement of traction devices, chains or snow tires.

SECTION 484.6432  Traction devices, tire chains or snow tires: Requirements under certain circumstances.

      1.  If a highway on this Reservation is marked or posted with signs requiring the use of traction devices, tire chains or snow tires, a motor vehicle or combination of vehicles must be equipped with:

      (a) Traction devices, tire chains or snow tires if it has a gross weight or combined gross weight of 10,000 pounds or less.

      (b) Tire chains if it has a gross weight or combined gross weight of more than 10,000 pounds.

      2.  If a highway on this Reservation is marked or posted with signs requiring the use of traction devices or tire chains on all motor vehicles except vehicles with 4-wheel drive and snow tires on all wheels, all such motor vehicles must be equipped with traction devices or tire chains.

SECTION 484.6434  Traction devices, tire chains or snow tires: Installation and mounting.  If a motor vehicle is required to be equipped with traction devices, tire chains or snow tires, the devices or chains must be installed or the tires must be mounted on at least two:

      1.  Driving wheels of the motor vehicle; and

      2.  Braking wheels of any trailing vehicle in a combination of vehicles if that trailing vehicle is equipped or required to be equipped with brakes.

SECTION 484.6436  Mechanical device to provide traction.  If mechanical devices are mounted on both sides of a motor vehicle which, when activated by the driver, provide traction by deploying a chain of metal cross members under a tire while the vehicle is in motion, the:

      1.  Cross members must extend across at least 85 percent of the width of the tire; and

      2.  Devices may be used only upon the drive axles of the vehicle.

SECTION 484.644  Device for control of pollution: Use required; disconnection or alteration prohibited; exceptions.

      1.  Except as provided in subsection 2, a person shall not operate or leave standing on any highway any motor vehicle which is required by state or federal law to be equipped with a device for the control of pollution from motor vehicles unless the device is correctly installed and in operating condition. A person shall not disconnect, alter or modify any such required device.

      2.  The provisions of this section do not apply to:

      (a) An alteration or modification found by the State Environmental Commission not to reduce the effectiveness of the required device.

      (b) Motor vehicles which have been licensed by the Department as experimental vehicles.

      (c) Any vehicle which has been granted a waiver or exemption from the regulations for the control of emissions from motor vehicles.

SECTION 484.6441  Device for control of pollution: Penalty; proof of conformity may be required.  Violation of the provisions of SECTION 484.644 is a Category D offense. Whenever any motor vehicle is found by any peace officer to be in violation of the provisions of SECTION 484.644, and a notice to appear or citation is issued, it may require that the person named therein shall produce in court proof that such vehicle or its equipment has been made to conform to the provisions of SECTION 484.644.

SECTION 484.646  Emblem for slow moving vehicle displayed on certain vehicles; standards.

      1.  After September 15, 1975, when any vehicle or combination of vehicles designed for and is operated at speeds of 25 miles per hour or less is moved on a highway, whether pulled, towed or self-propelled in daytime or nighttime, the vehicle or combination must have displayed an emblem for slow moving vehicles, except as provided in subsection 3.

      2.  Use of such an emblem is restricted to the type of vehicle or combination specified in subsection 1, and the use of the emblem on any other type of vehicle or any stationary object on or beside a highway is unlawful.

      3.  A vehicle or combination of vehicles of the type specified in subsection 1 is not required to have displayed such an emblem if the vehicle or combination is moved only on a highway not open to public use or is guarded by flagmen or flares.

      4.  The requirement for such an emblem is in addition to any lights or warning flags required by this chapter.

      5.  The Department shall adopt standards for emblems for slow moving vehicles which conform to standards adopted by the American Society of Agricultural Engineers.

      6.  The emblem must be mounted, with a point up, on a plane perpendicular to the direction of travel, and located on the rear of the vehicle.

INSPECTION OF VEHICLES

SECTION 484.695  Inspection by peace officer or inspector; citation or notice of violation; centers for inspection; standards for tires and brakes.

      1.  Peace officers and inspectors of the Department, in pursuance of assigned duty, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this chapter or is in such unsafe condition as to endanger the driver or other occupant or any person upon a public highway or does not comply with any standards for tires or brakes adopted pursuant to subsection 4, may require the driver thereof to stop and submit the vehicle or combination of vehicles to an inspection of the mechanical condition or equipment thereof and such tests with reference thereto as may be appropriate.

      2.  If a vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this chapter or does not comply with any standards for tires or brakes adopted pursuant to subsection 4, the peace officer or inspector causing the inspection to be made may give the owner of the vehicle a citation or notice of violation and further require the owner of the vehicle to produce in court or the office of the peace officer or inspector satisfactory evidence that the vehicle or its equipment has been made to conform with the requirements of this chapter and regulations adopted pursuant thereto.

SECTION 484.697  Operation of vehicle without required equipment or in unsafe condition prohibited; exceptions.

      1.  Except as otherwise provided in subsection 2 and SECTION 706.235:

      (a) A person shall not operate any vehicle after notice of an unsafe condition or that the vehicle is not equipped as required by this chapter, unless it is necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage and operation of the vehicle is not further limited by SECTION 706.246.

      (b) If any peace officer or vehicle safety inspector finds that any vehicle is unsafe to a degree that continued operation would endanger the driver, any other occupant or any person on a public highway, the officer or inspector may require that the driver cease operation of the vehicle or that the vehicle be taken to the nearest garage or other safe place.

      2.  If the vehicle is transporting wet concrete or other perishable cargo and does not pose an immediate threat to the life of the driver or any other person upon a public highway, and if the destination of the vehicle is within a distance of not more than 15 miles, the peace officer or vehicle safety inspector shall permit the vehicle to proceed to its destination and unload its cargo. Upon the arrival of the vehicle at its destination, the officer or inspector may order that the vehicle be taken, after the cargo of the vehicle has been unloaded, to the nearest garage or other place where the vehicle may be safely repaired.

SECTION 484.701  Penalty for failure or refusal to stop and submit to inspection or test.  Whenever the driver of a vehicle is directed by a peace officer or vehicle safety inspector in pursuance of assigned duty, to stop and submit the mechanical condition of the vehicle or its equipment to an inspection or test under conditions stated in SECTION 484.695, such driver shall stop and submit to such inspection or test. A failure or refusal so to do or to cease operation when required is a Category D offense.

SIZE, WEIGHT AND LOAD

SECTION 484.737  Prohibited acts concerning size or weight of vehicle; special permit; emergencies; exceptions.

      1.  Except as otherwise provided in this section, a person shall not drive, move, stop or park any vehicle or combination of vehicles, and an owner shall not cause or knowingly permit any vehicle or combination of vehicles to be driven, moved, stopped or parked, on any highway if the vehicle or combination of vehicles exceeds in size or weight or gross loaded weight the maximum limitation specified by law for that size, weight and gross loaded weight unless the person or owner is authorized to drive, move, stop or park the vehicle or combination of vehicles by a special permit issued by the proper public authority.

      2.  If the Department of Transportation or a local law enforcement agency determines that an emergency exists, the Department or the local law enforcement agency may authorize a person to drive, move, stop or park a vehicle or combination of vehicles without obtaining a special permit pursuant to subsection 1. Such an authorization may be given orally and may, if requested by a local law enforcement agency or a public safety agency, include driving or moving the vehicle or combination of vehicles to and from the site of the emergency. If a person receives such an authorization, he shall, on the next business day after receiving the authorization, obtain a special permit pursuant to subsection 1.

      3.  This section does not apply to:

      (a) Fire apparatus, highway machinery or snowplows temporarily moved upon a highway.

      (b) A farm tractor or other implement of husbandry temporarily moved upon a highway other than an interstate highway or a controlled-access highway.

SECTION 484.738  Height of vehicle: Maximum heights with load; exception; unlawful acts.

      1.  Except as otherwise provided in subsections 2, 3 and 4, a vehicle must not be operated on any highway of this State if its height, including any load, exceeds 14 feet measured from the surface on which the vehicle stands.

      2.  The maximum permissible height of a load of baled hay is 15 feet.

      3.  It is unlawful to operate a vehicle governed by any of the provisions of subsection 1, 2 or 3 over any portion of a highway where the free clearance of any structure or encroachment is less than the actual height of the vehicle and load.

SECTION 484.7385  Height of vehicle: Maximum ground clearance; exceptions.

      1.  A motor vehicle must not be operated on any highway on this Reservation if the lowest portion of its body, as measured from the surface on which the vehicle stands, exceeds, for passenger cars, 24 inches, and for a truck or other motor vehicle having manufacturer's gross vehicle weight rating:

      (a) Of 4,500 pounds or less, 28 inches.

      (b) Of more than 4,500 pounds but less than 7,501 pounds, 30 inches.

      (c) Of 7,501 pounds but less than 10,001 pounds, 32 inches.

      2.  The measurement taken to determine compliance with this section must be taken from level ground to a portion of the body or parts attached to the body which have not been added or altered from the manufacturer's original body design.

      3.  This section does not apply to a motor vehicle which:

      (a) Was manufactured before 1935; or

      (b) Has a manufacturer's gross vehicle weight rating of 10,001 pounds or more.

SECTION 484.739  Length of vehicle: Restrictions; special permit; exceptions.

      1.  Except as otherwise provided in subsection 2, the length of a bus may not exceed 45 feet and the length of a motortruck may not exceed 40 feet.

      2.  A passenger bus which has three or more axles and two sections joined together by an articulated joint with a trailer which is equipped with a mechanically steered rear axle may not exceed a length of 65 feet.

      3.  Except as otherwise provided in subsections 4, 7 and 9, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.

      4.  The Department of Transportation, by regulation, shall provide for the operation of combinations of vehicles in excess of 70 feet in length. The regulations must establish standards for the operation of such vehicles which must be consistent with their safe operation upon the public highways and with the provisions of 23 C.F.R. § 658.23. Such standards must include:

      (a) Types and number of vehicles to be permitted in combination;

      (b) Horsepower of a motortruck;

      (c) Operating speeds;

      (d) Braking ability; and

      (e) Driver qualifications.

Ê The operation of such vehicles is not permitted on highways where, in the opinion of the Department of Transportation, their use would be inconsistent with the public safety because of a narrow roadway, excessive grades, extreme curvature or vehicular congestion.

      5.  Combinations of vehicles operated under the provisions of subsection 4 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the Department of Transportation, carry loads not to exceed the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36], wherein:

      (a) W equals the maximum load in pounds carried on any group of two or more consecutive axles computed to the nearest 500 pounds;

      (b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and

      (c) N equals the number of axles in the group under consideration.

Ê The distance between axles must be measured to the nearest foot. If a fraction is exactly one-half foot, the next largest whole number must be used.

      6.  The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, must not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than 10 feet, or a total of 10 feet both to the front or the rear, and a combination of vehicles and load thereon may not exceed a total of 75 feet without having secured a permit pursuant to subsection 4 or SECTION 484.737. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:

      (a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.

      (b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.

      (c) No part of the structure which extends beyond the front tires is less than 7 feet from the roadway.

      (d) The driver's vision is not impaired by the projecting or supporting structure.

      8.  Lights and other warning devices which are required to be mounted on a vehicle pursuant to this chapter must not be included in determining the length of a vehicle or combination of vehicles and the load thereon.

      9.  This section does not apply to:

      (a) Vehicles used by a public utility for the transportation of poles;

      (b) A combination of vehicles consisting of a truck-tractor drawing a semitrailer that does not exceed 53 feet in length;

      (c) A combination of vehicles consisting of a truck-tractor drawing a semitrailer and a trailer, neither of which exceeds 28 1/2 feet in length; or

      (d) A combination of vehicles consisting of a truck-tractor drawing no more than three saddle-mounted vehicles and one full-mounted vehicle that does not exceed 75 feet in length.

      10.  As used in this section:

      (a) "Full-mounted vehicle" means a smaller vehicle mounted completely on the frame of a saddle-mounted vehicle.

      (b) "Motortruck" has the meaning ascribed to it in SECTION 482.073.

      (c) "Saddle-mounted vehicle" means a vehicle forming part of a combination of vehicles used in a driveaway-towaway operation that is connected by a saddle mount to the frame or fifth-wheel coupling of the vehicle in front of it.

SECTION 484.741  Length of vehicle: Penalty.  Any person operating or moving any vehicle or equipment over any highway who violates any length limitation in this chapter is guilty of a Category D offense.

       

SECTION 484.7595  Maximum width of bus.  The legal maximum width of a bus is 102 inches, excluding mirrors, lights and other devices required for safety.

SECTION 484.7598  Maximum width of recreational vehicle.  The legal maximum width of a recreational vehicle is 102 inches, excluding:

      1.  Mirrors, lights and other devices required for safety; and

      2.  An awning and any hardware required for the awning which is attached to the recreational vehicle and which does not extend beyond any mirror specified in subsection 1 which is attached to the side of the recreational vehicle.

SECTION 484.760  Maximum width of trailer, semitrailer, special mobile equipment or equipment for construction or maintenance of highway.  Subject to the provisions of subsection 2 of SECTION 484.759, the following vehicles must not exceed a width of 120 inches:

      1.  Any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry by farmers or implement dealers.

      2.  Special mobile equipment.

      3.  Highway construction or maintenance equipment.

SECTION 484.7605  Width of load of loosely piled agricultural products; restrictions for implement of husbandry moved over highway.

      1.  If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, the load of loosely piled material and any loading racks retaining the load must not exceed 120 inches in width.

      2.  The provisions of SECTION 484.759 with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway other than an interstate highway or a controlled-access highway.

      3.  If an implement of husbandry is transported or moved as a load on another vehicle over:

      (a) An interstate highway or a controlled-access highway, and the load exceeds 102 inches in width, the movement is subject to the provisions of SECTION 484.7631 and the regulations adopted pursuant thereto.

      (b) Any highway other than an interstate highway or a controlled-access highway, and the load exceeds 120 inches in width, the vehicle and load must not be operated for a distance of more than 25 miles from the point of origin of the trip and must not be operated at a speed in excess of 30 miles per hour.

SECTION 484.767  Carrying and inspection of permit.  Every permit, when issued, must:

      1.  Be carried in the vehicle, combination of vehicles or special mobile equipment to which it refers.

      2.  Be open to inspection of any peace officer or traffic officer, any authorized agent of the Department of Transportation, or any other officer charged with the care or protection of the highways.

SECTION 484.775  Display of red lights or flag on load.  The driver of every vehicle operating a half hour after sunset to a half hour before sunrise and carrying a load extending 4 feet or more beyond the end of the vehicle shall attach at the extreme end of the load two red lights plainly visible under normal atmospheric conditions from a distance of not less than 500 feet from the rear and sides. At any other time the driver shall attach at the extreme end of such load a red flag or cloth at least 16 inches square.

RESPECTIVE POWERS OF STATE AND LOCAL AUTHORITIES

SECTION 484.787  Designation of authorized emergency vehicles; equipment; limitations on use of warning devices.

      1.  Except as otherwise provided in SECTION 484.789, 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 Nevada Highway Patrol.

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

      (e) A public ambulance agency.

      (f) A public lifeguard or lifesaving agency.

      2.  A vehicle publicly maintained in whole or in part by the Tribe, 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 SECTION 484.789, from the Department;

      (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 this chapter, which lamp and siren must be in compliance with standards approved by the Department. 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 head lamps 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 head lamp" means a head lamp or that part of a head lamp which projects a distribution of light or composite beam meeting the requirements of subsection 1 of SECTION 484.587.

      5.  Except as otherwise provided in subsection 4, a person shall not operate a motor vehicle with any system or device that causes the head lamps 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 head lamp 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 SECTION 486.261 or an authorized emergency vehicle.

PROCEDURE UPON ARREST

SECTION 484.791  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 SECTION 484.379;

      (c) A violation of SECTION 484.3795;

      (d) A violation of SECTION 484.37955;

      (e) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries in violation of SECTION 484.219 or 484.223;

      (f) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway in violation of SECTION 484.221 or 484.225;

      (g) Reckless driving;

      (h) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his 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 him pursuant to SECTION 483.490.

      2.  Whenever any person is arrested as authorized in this section, he must be taken without unnecessary delay before the proper magistrate as specified in SECTION 484.803, 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 SECTION 484.795.

SECTION 484.792  Citation for operation of vehicle without insurance or for failure to present proof of insurance.  Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of this chapter, except for violating a provision of SECTION 484.395 to 484.443, inclusive, the officer shall demand proof of the insurance required by SECTION 485.185, and issue a citation as provided in SECTION 484.799 if the officer has probable cause to believe that the driver of the vehicle is in violation of SECTION 485.187. 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:

      1.  May sign the citation on behalf of the owner; and

      2.  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 address as it appears on the certificate of registration.

SECTION 484.795  When peace officer has option to take person before magistrate.  Whenever any person is halted by a peace officer for any violation of this chapter 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. He 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;

      2.  When the person is charged with a violation of SECTION 484.701, 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 SECTION 484.755, 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 SECTION 484.379, unless he is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking him before the magistrate.

SECTION 484.797  Arrest of nonresident.

      1.  All of the provisions of this chapter 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 accident may arrest without a warrant any driver of a vehicle who is a nonresident of this State and who is involved in the accident when, based upon personal investigation, the peace officer has reasonable cause for believing that the person has committed any offense under the provisions of this chapter in connection with the accident, 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, he shall be taken without unnecessary delay before the proper magistrate, as specified in SECTION 484.803.

SECTION 484.799  Citation: Contents; 5-day notice to appear in court; written promise to appear.

      1.  Whenever a person is halted by a peace officer for any violation of this chapter punishable as a Category C, D, or E offense and is not taken before a magistrate as required or permitted by SECTION 484.795, the peace officer may prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of "The Ely Shoshone Tribe," containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the number of his driver's license, if any, the offense charged, including a brief description of the offense and the SECTION 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 citation must be signed by the peace officer. If the citation is prepared electronically, the 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 unless the person charged with the violation demands an earlier hearing.

      3.  The place specified in the notice to appear must be before a magistrate, as designated in SECTION 484.803.

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

SECTION 484.800  Matching of certain information before driver arrested for prior offense.

      1.  Except for a citation issued pursuant to SECTION 484.810, whenever a police officer makes an arrest or issues a citation to a person for any violation of this chapter, he shall record the name as given by that person, the number of his driver's license and a brief description of his 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 this chapter and requests information from a traffic enforcement agency concerning that person's record of prior offenses, he shall compare not only the driver's name but also the number of his driver's license and his 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.

SECTION 484.801  Authority of peace officer at scene of accident.  Except for Category A offenses and those offenses set forth in paragraphs (a) to (e), inclusive, of subsection 1 of SECTION 484.791, a peace officer at the scene of a traffic accident may issue a traffic citation, as provided in SECTION 484.799, or any offense citation, as provided in SECTION 171.1773, to any person involved in the accident 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 this chapter or of chapter 482, 483, 485, 486 or 706 of the NRS in connection with the accident.

SECTION 484.805  Release of defendant when magistrate not available.  Whenever any person is taken into custody by a peace officer for the purpose of taking him before a magistrate or court as authorized or required in this chapter upon any charge other than a Category A offense or the offenses enumerated in paragraphs (a) to (e), inclusive, of subsection 1 of SECTION 484.791, 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 him of a Category C, D, or E offense citation or traffic citation and his signing a promise to appear, as provided in the NRS or SECTION 484.799, respectively.

SECTION 484.807  Failure to obey citation.

      1.  It is unlawful for a person to violate his written promise to appear given to a peace officer upon the issuance of a traffic citation prepared manually or electronically, regardless of the disposition of the charge for which the citation was originally issued.

      2.  A person may comply with a written promise to appear in court by an appearance by counsel.

      3.  A warrant may issue upon a violation of a written promise to appear.

SECTION 484.809  Procedure prescribed for arrest without warrant not exclusive.  SECTION 484.791 to 484.807, inclusive, govern all peace officers in making arrests without a warrant for violations of any provision of this chapter, 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.

SECTION 484.810  Issuance of warrant for failure to obey citation for parking violation.

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

      2.  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 not be issued for that person for failure to appear before the court unless:

      (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 or the notice to appear is returned with a report that it cannot be delivered.

SECTION 484.813  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 Tribe 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.  Upon the filing of the original or a copy of the traffic citation with a tribal court, the traffic citation may be disposed of only by trial in that court or other official action by a tribal judge of that court, including forfeiture of the bail, or by the deposit of sufficient bail with, or payment of a fine.

      3.  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.

      4.  The chief administrative officer of every traffic enforcement agency shall require the return to him of a physical copy or electronic record of every traffic citation issued by an officer under his 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.

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

SECTION 484.815  Audit of records of traffic citations.  Every record of traffic citations required in this chapter shall be audited at least semiannually by the appropriate fiscal officer of the governmental agency to which the traffic enforcement agency is responsible.

MISCELLANEOUS PROVISIONS

SECTION 484.900  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.

SECTION 484.910  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 this chapter unless the equipment is held in the hand or installed temporarily or permanently within a vehicle or facility of a law enforcement agency.

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