The population increased rapidly in Nevada over past years. Along with the population increase has come the increase in vehicle traffic on our roads and highways and an increase in the number of crashes, injuries and fatalities.
In 2005, over 43,000 people lost their lives on roads and highways in this country; approximately 117 deaths per day. Motor vehicle crashes are the leading cause of death for persons age 3 to 33. There were over 2,600,000 injuries nationwide in 2005. It is estimated that the economic cost of crashes in the United States in 2000 was over $230 billion. In Nevada, there were approximately 324 deaths in 2008.
The Nevada Department of Transportation (NDOT) and the Nevada Department of Public Safety through the Nevada Highway Patrol (NHP) and the Office of Traffic Safety are dedicated to making our highways safer and more efficient for everyone to use. These state agencies want to do whatever is possible to reduce the number of highway incidents which take too many lives and cost so much money and time. For these reasons, NDOT, the NHP and the Office of Traffic Safety have joined forces to inform the traveling public about the traffic laws in Nevada and how everyone can drive more safely. It is hoped that the series of articles about traffic laws and issues below will help reduce the needless injuries and deaths on our highways.
To find more information regarding Nevada’s traffic laws, state statutes are the first place to look. Nevada traffic laws are found in chapter 484 of the Nevada Revised Statutes (NRS), on the Nevada Legislature's web site. In addition, the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) is a wealth of information pertaining to the standards used nationwide to install and maintain traffic control devices on all streets and highways.
Traffic Law Resources
- Traffic Laws as Defined in Nevada Revised Statute
- Special Traffic Law Topics: An In-depth Look at Certain Traffic Laws
Go directly to a specific article...
- Driving in a Roundabout
- Right-Of-Way And Left Turns At Intersections
- Using Caution For A Stopped Law Enforcement Vehicle
- White Lines On The Side Of The Road
- Making A Left Turn Across A Double Yellow Line
- Does Anyone Use Their Signals Anymore?
- What to Do When Stopped by a Police Officer
- Too Many Distractions For Drivers
- Tailgating Is Not Just A Party Before A Game
- Seat Belts And Car Seats: It’s That Simple
- Pedestrians And Vehicles
- Bicycle Riders Must Follow Vehicle Laws
- Are You Driving a HOV or Using a HOT Lane?
- Slow Driving Can Be Hazardous
- Defensive Driving, Part 1
- Defensive Driving, Part 2
- Lesson for the Day on School Buses and School Zones
- Winter is Here – And So Are Winter Driving Conditions
- Drunk Driving Does Not Make for Fun and Can Ruin Your Year
- If It Appears That You Are Driving While Under The Influence, Here’s A Test You Won’t Have To Study For
- Check Your Equipment Before Driving: Headlights and Colored Lighting
- Check Your Equipment Before Driving:Obstructed or Tinted Windows
- Highway Work Zones Double Penalties for Traffic Violations
- Characteristics Of Motorcycles In Traffic:What All Drivers Should Know
Special Traffic Law Topics: An In-depth Look at Certain Traffic Laws
DRIVING IN A ROUNDABOUT
A roundabout is a modified, circular intersection without any stop sign or signal. The roundabout name comes from the intersection’s circular shape, which requires drivers from all directions to enter the circle in a counterclock-wise direction until exiting the roundabout at their desired exit.
Roundabouts do not use stop signs, but often use yield signs to notify each driver to first yield to other approaching vehicles already in the roundabout. Drivers should look in each direction before entering the roundabout so that they are able to yield to vehicles who have the right of way. Additionally, all drivers should be driving at low speeds to avoid collisions. NDOT also reminds drivers that the use of a roundabout is considered a turning movement. Therefore, drivers must use their signal to notify in advance of their ultimate turn out of the roundabout.
Though roundabouts are relatively new in Nevada and no state laws mention them by name, there are certain regulations that relate to roundabouts. NRS 484.303 (2) states that “A vehicle passing around a rotary traffic island shall be driven only to the right of such island.” A roundabout also fits the definition of an “intersection” as defined in NRS 484.073. Nevada law regulates intersection such as roundabouts at which there is a yield sign under NRS 484.319, and states that a driver, before entering an intersection “shall yield the right-of-way to other vehicles which have entered the intersection from [a] 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.” This means that a driver may have to make a complete stop in yielding to one or more vehicles coming from the left of that driver. A speed limit is often posted before roundabouts, and, as in any driving situation, safe speeds are encouraged. Nevada law provides that it is unlawful to drive at a 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” or at a speed which may “endanger the life, limb or property of any person.” (NRS 484.361)
Roundabouts are being used more often in Nevada on roads where traffic does not justify a signal or four-way stop as a traffic calming device, as well as when there may be a history of accidents, or when the queue or backup of vehicles needs to be minimized. Even if a complete stop must be made prior to entering a roundabout, the wait will likely not be as long as a wait at a traffic signal would be. Following these laws while using a roundabout will help ensure a safe and expedient intersection for all users.
RIGHT-OF-WAY AND LEFT TURNS AT INTERSECTIONS
The term “right-of-way” is defined by Nevada Revised Statute 484.141 as the right 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.”
When determining who has the right-of-way, we must always remember that the idea is to use common sense and avoid collisions. Common sense indicates that someone actually has to grant the right-of-way to the other so that a collision is avoided. Of course, the law does say that the grant must be given in certain situations, but another driver should not force it. While a driver may technically have the right-of-way in a given situation, the right-of-way should not be “taken” as a right.
Imagine two vehicles arrive at the same time at an intersection controlled by stop signs in each direction. One driver is turning left while the other driver is going straight ahead. Who has the right-of-way? NRS 484.317 says that the driver of a vehicle “within an intersection” who is intending to turn left “shall yield……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 haven 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.” If we focus on the difference between “approaching” an intersection and being “within” an intersection, this statement might be confusing. But, what this really means is that the driver turning left needs to yield to the driver going straight ahead if they both reach the intersection at about the same time. But, if the left-hand driver first yielded to others who reached the intersection at the same time and gave a signal for the left turn, that left-turn driver now has the right-of-way.
USING CAUTION FOR A STOPPED LAW ENFORCEMENT VEHICLE
When law enforcement officers are parked on the side of the highway for a traffic stop or to assist a motorist, they are virtually defenseless and face the constant danger of being hit by speeding cars and trucks just a few feet or inches away. For the safety of law enforcement officers, as well as emergency responders and others who work on the side of highways, Nevada has a law requiring drivers to slow down and move over if possible when approaching “an authorized emergency vehicle which is stopped and is making use of flashing lights….” The law, Nevada Revised Statute 484.364, states that drivers must decrease their speed to what is reasonable and proper and less than any posted speed limit, proceed with caution, be prepared to stop, and drive in a lane “not adjacent to the lane in which the emergency vehicle is stopped” when safe and possible. Emergency vehicles include those of law enforcement, fire departments and public ambulance agencies.
“If the road has more than one directional lane, like a freeway or highway, and you can switch lanes safely, you must move over to vacate the lane closest to the law enforcement or other vehicle with its lights flashing,” Nevada Highway Patrol Chief Chris Perry says. “If the road has a single directional lane or you can’t safely move over, you must reduce your speed.”
The cost for violating the law can be expensive. It is a misdemeanor which is punishable by a fine of up to $1,000 and imprisonment in the county jail for up to 6 months. If you get a ticket, a fine will be assessed and you will be assessed demerit points on your license. In addition, your driver’s license may be suspended if you are involved in a crash, and you may serve time in prison if you hurt or kill someone.
“Our troopers and police officers who work on busy highways take every possible precaution to avoid being hit by vehicles,” says Chief Perry. “But we need help from every driver on the highway. When motorists obey the law and create a safety zone, they help reduce the dangers to themselves and to our officers.”
WHITE LINES ON THE SIDE OF THE ROAD
On freeways, highways and many roads in Nevada, there is a solid white line on the right side. Sometimes, the line has a break in it or is occasionally interrupted by a dotted white line. Many drivers may wonder what these areas are and what they mean.
“A solid white line on the side of the road is sometimes called a ‘fog line,’” NDOT Chief Traffic Engineer Fred Droes says. “It is actually a line which indicates the edge of the traveled portion of the highway and, because the line is reflective and very visible when headlights shine on it, it can be seen more easily in fog so drivers can stay on the road. It is also a line drivers can focus on to stay in their lane at night when oncoming headlights may reduce visibility of the center line.”
All lines and striping on roads and highways mean something. The Manual on Uniform Traffic Control Devices (MUTCD) describes the purpose of the white lines. The color white is for all pavement markings except for those required to be yellow and the red and blue raised markers or reflectors (section 3A.04). Solid lines indicate that the crossing of the line is discouraged (section 3A.01). A broken white line indicates that it is permissible to cross the line (section 3B.04). The white line on the side of the road may indicate the edge of the pavement or the line beyond which road and highway officials would like drivers not to normally go (section 3B.06). This could be a separation from a bike lane, a gutter and curb, or an unpaved area. The purpose is to make these areas safer for drivers and others. While crossing the line is discouraged, road and highway officials know that the lines may have to be crossed occasionally.
Another use of the solid white line on freeways is to delineate the on or off ramps. For instance, white lines are placed to channel a driver exiting a freeway so that the driver knows not to cross onto the off ramp too late, which may cause a collision with the separating island or barrier. These areas are typically known as the “gore” area. In conclusion, solid white lines provide a safety measure to help drivers stay away from potentially dangerous areas.
MAKING A LEFT TURN ACROSS A DOUBLE YELLOW LINE
A familiar pavement marking to drivers is the double yellow continuous line on the left hand side that typically divides each direction of traffic. The use of this and other pavement markings is regulated under the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD). According to section 3A.04 of the manual, yellow lines delineate the separation of traffic traveling in opposite directions or the left edge of a divided or one-way highway. The solid yellow line also indicates a no-passing zone.
Nevada law prohibits driving on the left side of a highway which has pavement striping designed to mark a no-passing zone. Nevada Revised Statute 484.301 does say, however, that a driver may cross this striping to make a left-hand turn if the driver “has first given the appropriate turn signal….it is safe and if it would not be an impediment to oncoming or following traffic.” The key here is not only a requirement that such a turn would not impede oncoming traffic, but that it would also not impede following traffic. Therefore, if a driver finds himself wanting to make a left-hand turn across a single or double yellow line, that driver may not do so if there is traffic behind him which would have to stop and wait for the driver to make the turn.
Does Anyone Use Their Signals Anymore?
One of the most irritating things about driving occurs when a driver in front of you or coming toward you fails to use a signal before turning or changing lanes. It appears that many drivers simply do not use turn signals.
Nevada law clearly requires a signal to turn right or left, or to turn a vehicle from a direct course. The law also states that the signal “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.” Also, “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.” (NRS 484.343)
If it is the law in Nevada and all other states, why do drivers fail to use a turn signal? A national survey by an insurance company in 2005 found that 57 percent of drivers admit they do not use their turn signal. They said they don’t have enough time, they are lazy, they would forget to turn it off, they change lanes too frequently to bother, or it is not important. A 2003 study of elderly drivers found that 49 percent failed to use a signal at an intersection and 31 percent failed to use a signal when changing lanes. Whatever the reason or whoever the driver, it is important that drivers always use turn signals.
The Nevada Department of Motor Vehicles states in its Driver’s Handbook that, besides being the law, it is a matter of common courtesy for a driver to use signals to signal turning or stopping intentions. The failure to use a signal contributes to intersection crashes, rear-end collisions, rapid braking to avoid a vehicle making an unannounced lane change, and aggravation for other drivers who cannot determine what a driver may be doing. It might be a good rule of thumb to make sure that your turn indicator “blinks” or “clicks” at least five or six times before starting your turn or lane change. The required 300 feet on highways is about the length of a football field, and this may mean several seconds or “blinks” or “clicks.” Let’s all work a little harder to let others know that we are turning or changing lanes.
What to Do When Stopped by a Police Officer
There are many different reasons why the police might stop you.
- You may have committed a traffic offense or other criminal violation.
- The officer might think you are in trouble and need help.
- You may be a potential witness to a crime.
- You may fit the description of a person/vehicle the police are looking for.
Whatever the reason, the officer needs your cooperation. If you are stopped by the police you may feel confused, anxious, or even angry. These are natural feelings, but remember, traffic stops can be stressful and dangerous to the officer as well. Each year a number of law enforcement officers are killed or seriously injured while making “routine traffic stops.” With this in mind, there are things you, the citizen, can do to make the contact safer, more efficient, and hopefully more positive. When stopped by the police, please remember: 1. When you see the red/blue lights and hear the siren, remain calm and safely pull over to the right side of the road. If you are in an intersection, safely proceed through the intersection and immediately pull over to the right. It is not necessary to pull over in a legal parking space; if the officer wants you to move your vehicle to another location, he or she will advise you. 2. Remain in your vehicle unless the officer advises otherwise. Many times there may be fast moving traffic, which is dangerous to you and the officer. 3. Be sure the officer is wearing a police uniform or is clearly identifiable as a police officer. If not, keep your door locked and ask for identification. Once you are satisfied you have been stopped by a police officer, roll your window down so the officer may speak to you. 4. Avoid any sudden movements, especially toward the floorboards or under your seat. Try to keep your hands where the officer can see them. It is a good idea to keep both hands on the steering wheel. 5. Do not immediately reach for your license or other documents until the officer requests them. Nevada law does require drivers to show their license, registration card, and insurance card to a police officer upon request. 6. If your documents are out of reach, tell the officer where they are before you reach for them. 7. If the stop occurs during darkness, the officer will likely use a bright spotlight and flashlight to illuminate your vehicle. 8. If there are passengers in your vehicle, encourage them to remain quiet and cooperate with all instructions. 9. The officer may issue you a ticket. If you feel the reason is vague or unclear, ask the officer for details. 10. If you are issued a ticket, don’t argue with the officer. Please accept it calmly. Signing is not an admission of guilt; it is only a promise to appear. You will have an opportunity to address the matter in court. 11. The Department of Public Safety, Highway Patrol Division generally utilizes marked blue patrol cars, as well as specialized unmarked vehicles. It is normal for additional officers to arrive, even on routine stops. 12. If you feel that the officer was not professional, please contact the Department of Public Safety, Highway Patrol Division at: Southern Nevada: (702) 486-4100 Northern Nevada: (775) 688-2500 Central Nevada: (775) 753-1111
TOO MANY DISTRACTIONS FOR DRIVERS
How many of you have seen a driver doing things other than driving? How many of you have seen a driver doing more than one thing other than driving? Consider all of the things we have seen drivers do other than driving. A few examples are: talking to others in the vehicle, talking on a cell phone, eating, drinking, smoking, applying makeup, shaving, listening to the radio or adjusting it, reading, interacting with kids or pets, dictating, working on a computer, watching a video, or just simply lost in thought. One of the authors of this article actually saw someone talking on a cell phone held in his left hand while holding a cigarette and the steering wheel in his right hand. Drivers can also get distracted by looking at things other than what they should be watching. Many collisions are caused when drivers are “rubbernecking,” or looking at a crash scene or some other driver being pulled over. More and more driving distractions are causing more and more crashes.
In 2006, the latest year for Nevada highway statistics, inattentive driving was a factor in 7,404 crashes which resulted in 83 fatalities and 2,748 injuries. This was the third highest factor behind failure to yield and failure to reduce speed. But other similar factors were called “fatigued driver,” “inattention/distracted,” and maybe even “driver vision obscured.” These were a factor in 573 crashes. By severity, inattentive driving was the number one factor for fatal crashes (23%) and the third highest contributor for injury crashes and property damage only crashes. Overall, inattentive driving was a factor in 11.6% of crashes in Nevada.
Driving distractions can cause us not to pay attention to the road and our surroundings. It will significantly reduce our ability to drive defensively. Maybe we aren’t watching the road ahead or we aren’t turning our necks or moving our eyes to look in rear view mirrors, behind us or to the sides, and we miss what other drivers are doing. Maybe we miss a traffic signal or sign or we don’t hear or see a danger signal as quickly as we would have without the distraction. Our reaction time is not as good. A recent Swedish study noted prior studies which categorized distractions as visual (e.g. – looking away from roadway), auditory (e.g. – responding to a ringing cell phone), biomechanical (e.g. – adjusting CD player), and cognitive (e.g. – lost in thought or a result of all types of distractions). In the end, however, the Swedish study concluded that there has not been a widely agreed-on definition of driver distraction. This is consistent with the law in Nevada
Nevada law does not define or prohibit “distracted driving” with that term. Rather, all drivers are required to use “due care” per NRS 484.363. Those who are distracted will usually be cited for not using due care. The statute states that a driver should reduce speed for such situations as approaching and crossing an intersection, special hazards with pedestrians or traffic, or as necessary to avoid a collision. In 2006, eight states passed laws related to distracted driving. Generally, these laws, and the existing laws of nine other states, restrict young drivers from using any type of wireless communications device while operating a vehicle.
If you want to drive safely, pay attention to the road in front of you and to your surroundings. Reduce the distractions you may have while driving.
TAILGATING IS NOT JUST A PARTY BEFORE A GAME
Tailgating is serious business (and not a party) on Nevada highways and streets. In 2006, the latest year for reported statistics, rear end collisions were the second highest crash type for injury and property damage crashes in Nevada. Additionally, of 21,481 crashes involving 11,634 injuries and 34 deaths, rear end collisions were the cause. This kind of collision accounted for 35 percent of all crashes and 43 percent of construction zone crashes. Following too closely was a factor in 6,398 crashes with 3,227 injuries. This factor was the top factor in rear end crashes. Clearly, following too closely, or tailgating, is a major issue in Nevada.
Nevada law states, “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.” (NRS 484.307) Beside the concern for crashes, injuries and property damage, a citation for this violation will cost about $ 170 and 4 demerit points. Car insurance premiums will often go up significantly for drivers who hit another vehicle while following too closely. There is certainly a cost for having this kind of party.
“We see way too many drivers following too closely in Nevada,” says Nevada Highway Patrol Chief Chris Perry. “Drivers need to give more space to the car in front. Relax a little and try not to be in such a hurry. We don’t want to see you at a crash scene.”
Providing more space to the car ahead becomes more important when wet or icy spots appear during inclement weather, particularly on bridges and overpasses and in the winter months. Of course, someone may be tailgating you or other drivers may cut in inappropriately when you are providing necessary space in front of you, but those are other issues to be discussed in another article. You can move over to let a tailgater by and you can back off from someone cutting in front of you.
The Nevada Department of Motor Vehicles emphasizes in its Driver’s Handbook that stopping a vehicle involves reaction time and braking time. Normal reaction times are from 2 to 2.5 seconds. At 55 miles per hour, it takes a driver in a typical passenger car with good brakes on dry pavement about 6.6 seconds or 370 feet to stop. This is 70 feet longer than a football field. At 65 miles per hour, it takes about 7.8 seconds or 494 feet to stop. No wonder it is often recommended that you keep three seconds behind the car in front of you or one car length for every 10 miles per hour you are traveling. Please try to give a little more space to the vehicle in front of you.
SEAT BELTS and CAR SEATS: IT’S THAT SIMPLE
Every one knows that seat belts save lives….right? But do you know why seat belts save lives? They keep you in place and prevent you from being ejected from the car. It’s that simple. Cars these days are engineered to keep you safe, providing crumple zones and ‘room to live’ for occupants belted in during a crash. If you are ejected from a car during a crash, however, you are four times more likely to die.
Newton’s Law of Motion indicates that an object in motion will stay in motion until it is stopped by something else. If you are in a car crash, everything in the car continues to move at the speed you were traveling (i.e., 35 mph) until it is stopped by something else: a dashboard, windshield, or brick wall for instance. However, if that something that stops you is a seat belt—which in turn keeps you in position (‘room to live’)--then you are much better for it.
In 2007, 255 people died on Nevada roads from car crashes; 122 of them were unbelted. Half of these, or 60 people, would still be with us today if they’d only buckled up.
The societal cost to Nevadans of each motor vehicle fatality is about $1.23M, and about $900K for each severe injury. The general public pays over three quarters of these costs,including welfare, medical, insurance, taxes, delays, and lost productivity. Considering that you are twice as likely to survive a car crash sustaining only minor injuries if wearing a seat belt…well, you do the math.
Two-thirds, or over sixty percent of teens age 16-20 that died on our roads last year were not buckled up. Research has shown that Graduated Driver License laws (GDL) for new drivers have resulted in fewer teen-caused crashes and deaths across the nation. Nevada’s GDL law is a strong one, but does not address the need for teens to wear seat belts. (For more information on Nevada seat belt and child restraint laws, go to end of article).
The threat of a ticket has proven to increase seat belt usage among non-users, where the fear of death or injury has failed. Nevada’s ‘Click it or Ticket’ seat belt enforcement campaign has helped to increase its belt usage rate from 79% in 1999 to 91% in 2007. However, the 10% not buckling up are primarily young males, impaired and/or night-time drivers. These high-risk groups may only be convinced to buckle up once Nevada adopts a standardized seat belt law (Nevada’s seat belt law is secondary enforcement, meaning an officer can only pull over a vehicle if he witnesses another violation besides the non-use of a seat belt). States that have enacted standard belt laws exhibit a 6-12% jump in seat belt usage within one year of passage.
Non-users of seat belts claim that they are only hurting themselves. However, if they survive a crash and rack up $150K for medical costs alone, that increases insurance premiums and costs for the rest of us. If they are the only one [injured or killed] in the car, their family and friends must suffer their loss. If they are not the only one in the car, they become a projectile inside the car, kicking someone else in the head and injuring them even though that someone else was belted in.
Children riding in cars with buckled-up adults are three times more likely to be belted in safely themselves. Please take two seconds to Buckle Up, Every Trip, Every Time. It’s that simple.
Nevada’s seat belt law, NRS 484.641, states: 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, who rides in the front or back seat of any vehicle…on any highway, road or street in this State shall wear a safety belt if one is available for his seating position.
The driver is responsible for each violation for himself and any passengers under age 18—about $67 per violation. Exemptions include public transportation (except for taxis), slow and intermittent traffic (like a parade or mail route), or a physician’s statement. Vehicles manufactured before 1968 were not required to have safety belts, and are therefore also exempt.
Nevada’s child seat law, NRS 484.474 states: 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…which is equipped to carry passengers shall secure the child in a child restraint system which: (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 [per] the instructions for installation and attachment provided by the manufacturer of the child restraint system.
A citation may be given to the responsible party for the child that is in the vehicle at the time, and not necessarily to just the driver. The minimum fine for a first offense is $100, up to $1,000 for a second, and loss of drivers’ license for a third offense or more. Exemptions include public transportation or a physician’s statement.
For more information, please contact the DPS- Office of Traffic Safety.
Traci Pearl
Occupant Protection Program
DPS-Office of Traffic Safety
tpearl@dps.state.nv.us
775.684.7476
PEDESTRIANS AND VEHICLES
Pedestrians are important to Nevada’s economy. This state depends on tourism and pedestrians certainly contribute to tourism. Unfortunately, we have too many pedestrian deaths and injuries each year. In 2006, the latest year for highway statistics, there were 977 pedestrian-related crashes resulting in 1,116 injuries and 61 deaths. Notably, in 335 of the crashes, or 35 percent, the pedestrians were not crossing at an intersection or a crosswalk. Clark County clearly leads the state in the number of pedestrian-involved crashes with deaths or injuries. Of the 977 crashes in 2006 in Nevada, 787 were in Clark County with 905 injuries and 44 deaths; all of these are 72 percent or more of the state figures.
While drivers need to watch for pedestrians, it is clear that pedestrians also need to be careful on our streets and highways. The urban areas of our state, especially Las Vegas, are 24 hour places with large numbers of pedestrians and drivers who may be distracted by many things. In order to reduce pedestrian deaths and injuries, drivers and pedestrians need to pay attention to the road and to Nevada law. There are several Nevada laws relating to pedestrians. First, there are several duties drivers owe to pedestrians. Drivers must:
- Exercise due care to avoid a collision with a pedestrian
- Give an audible warning with the horn if appropriate and necessary to avoid a collision with pedestrians
- Exercise caution upon observing a pedestrian on or near a street or highway or in or near a school crossing zone
- When signs, signals and markings are not in place or in operation, yield the right of way, slowing or stopping if necessary, to a pedestrian crossing within a crosswalk when the pedestrian is on the half of the highway on which the driver is traveling or when the pedestrian is approaching so closely from the opposite side of the highway as to be in danger
- Not pass a vehicle stopped at a marked crosswalk or at an intersection until the driver has determined that the stopped vehicle was not stopped for a crossing pedestrian
- Yield the right of way or stop and use caution before proceeding for a blind person on foot and using a “service animal or carrying a cane or walking stick white in color, or white tipped with red.”
- Not make a turn until safe, “and then only after . . . sounding the horn if any pedestrian may be affected” by the turn and after giving an appropriate signal if another vehicle may be affect by the turn
NRS 484.3245, 484.325, 484.328, 484.343. Pedestrians also have several responsibilities. A pedestrian:
- Shall not suddenly leave a curb or other safe place “and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.”
- Crossing other than in a marked crosswalk or at an intersection, shall yield the right of way to all vehicles
- Shall not cross at any place except in a marked crosswalk between adjacent intersections at which traffic-control devices are in operation
- Shall not cross an intersection diagonally unless authorized by official traffic-control devices and then only in accordance with the traffic-control devices
- Shall move whenever practicable upon the right half of crosswalks
- Shall not walk along and upon a highway where sidewalks are provided
- Shall walk on the left side of highways facing approaching traffic where sidewalks are not provided
- Shall not stand in a highway to solicit a ride or any business from a driver or vehicle occupant
- Shall not be within the traveled portion of a highway if under the influence of alcohol or drugs
NRS 484.325, 484.327, 484.329, 484.331. Other tips for pedestrians are included in the Driver’s Handbook issued by the Department of Motor Vehicles.
Let’s all work harder to cut down on pedestrian deaths and injuries. Lives depend on it, and so does our economy.
BICYCLE RIDERS MUST FOLLOW VEHICLE LAWS
Did you know that bicyclists must follow most of the laws applying to the driver of a motor vehicle? That’s what Nevada law requires in NRS 484.503. As the statute says though, this does not include those provisions of law “which by their nature can have no application.” What this means is that bicyclists have to use signals when turning, abide by right of way laws, and obey traffic signals, signs and markings. As with vehicles, bicyclists must ride on the right side of the road and, actually, must “ride as near to the right side of the roadway as practicable . . . .” NRS 484.509. The exceptions are when the bicyclist is traveling near the speed of nearby traffic, preparing to turn left, or when riding on the right side would not be safe. This means that, even if there are bicycle paths on both sides of the road, the bicyclist must still ride on the right side of the road.
Parents and guardians of children should also know that they cannot allow their children to violate any of the biking laws. NRS 484.501. Here are some specific laws for bicyclists. A bicyclist must not:
- Intentionally interfere with the movement of a motor vehicle
- Overtake and pass a motor vehicle unless it can be done safely
- Ride other than upon a permanent and regular seat
- Carry more persons than the number for which the bike was designed
- Attach himself or the bike to a vehicle on the roadway
- Ride more than two abreast except on paths or parts of roads set aside for the exclusive use of bicycles
- Carry anything which prevents the driver from keeping at least one hand on the handle bars
NRS 484.324, 484.505, 484.507, 484.509, 484.511. Bicycles can also be prohibited from using controlled access highways. 484.313. Finally, bikers riding at night must have a headlight, a rear red reflector visible up to 300 feet to the rear in front of vehicle headlights, reflective material on both sides visible for 600 feet in front of vehicle headlights or a light visible for at least 500 feet. NRS 484.513.
There are also laws as to how drivers should interact with bicyclists. Drivers of motor vehicles shall not intentionally interfere with the movement of a bicyclist or overtake a bicyclist unless it can be done safely. 484.324. A driver must also yield the right of way to a bicyclist on a bike path or lane and shall not enter, stop, park or drive within a bike path or lane, or go through an intersection in a bike lane, except when entering an alley or driveway, when operating a disabled vehicle, to avoid conflict with other traffic, in compliance with the directions of a police officer, or in an emergency. Finally, the driver must exercise due care to avoid a collision with a bicyclist and honk the horn if appropriate and necessary to avoid a collision. NRS 484.324.
If more bicyclists and vehicle drivers were aware of these laws, bicycle crashes and injuries could be reduced. In 2006, there were 629 bicycle crashes according to the latest statistics from the Department of Transportation. These crashes resulted in 595 injuries and 11 deaths. In 265 or 42% of the crashes, the bikers were crossing at an intersection without a signal. Did the bikers or the drivers fail to yield the right of way?
For more guidance, the Nevada Office of Traffic Safety for the Department of Public Safety conducts a bicycle and pedestrian safety education program and maintains a good website on this at ots.state.nv.us/Nevada_Bicycle_Pedestrian_Safety_Program.shtml. Similarly, the Department of Transportation has a bicycle advisory board and maintains a website at www.bicyclenevada.com. Both sites provide links to other biking websites around the state. The Department of Motor Vehicles also provides biking guidance in its Driver’s Handbook
Are You Driving a HOV or Using a HOT Lane?
Do you know what someone is talking about when they ask if you drive in a HOV or in a HOT Lane? The increase in traffic congestion in our urban areas, the increase in fuel prices, and the need to reduce pollution should make you want to know these terms.
The term HOV stands for High Occupancy Vehicle, while the term HOT Lane stands for High Occupancy Toll Lane. These are acronyms commonly used by transportation officials around the country and refer to specialized lanes set aside on our freeways for those vehicles which are transporting more than one person, as well as motorcycles and buses.
In 2005, the Nevada Legislature authorized the Nevada Department of Transportation (NDOT) to designate lanes on its freeways “for the preferential or exclusive use of high-occupancy vehicles”. NRS 484.312 (1). NDOT was given authority to determine the conditions for use of the lanes including the number of occupants required per vehicle and the hours of the day that the use of the lane is restricted. Additionally, NDOT was to place and maintain appropriate signs and traffic-control devices to identify the lanes and advise drivers of the conditions for using the lanes. NRS 484.312 (2). The legislature defined “high-occupancy vehicle” to mean a vehicle with more than one person, a motorcycle, a bus, and any other vehicle designated by NDOT in a regulation. NRS 484.312 (5). It does not include hybrid vehicles. A violation of these laws is a misdemeanor which could result in a fine of $250.
As a result of the legislation, NDOT developed a policy on the use of HOV lanes. The policy can be found on the NDOT website at www.nevadadot.com/reports_pubs/HOV. This document provides a comprehensive review of the history of HOV lanes in this country and explains how NDOT will use them. It is expected that users of the HOV lanes will provide a more consistent drive time than experienced by drivers in the regular highway lanes, which will be slower due to congestion. This in turn should provide an incentive for more people to use carpools or buses.
In late 2007, NDOT installed the state’s first HOV (or carpool) lanes in the Las Vegas area on approximately six miles of U.S. 95. north of the Spaghetti Bowl. NDOT marks the HOV lanes with a white diamond in the lane. The HOV lane is on the far left of the highway and is separated from other regular lanes by a white solid line. Drivers of qualified vehicles are allowed to cross this line to get in and out of the HOV lane. In contrast, other states, including California, separate their HOV lanes with either single or double yellow lines and allow entry and exit of the HOV lane only at specific locations where there are no yellow lines. This is intended to reduce HOV lane changes and intermingling with the regular lanes and, presumably, traffic congestion and conflicts.
Las Vegas’ HOV system also includes HOV lanes on some on-ramps. This ramp metering consists of a signal which allows drivers to enter the freeway on a green light. These lanes are to the left of the regular on-ramp lanes and allow only HOV-qualified vehicles to by-pass the metered signal. Whenever the ramp meters are on, the HOV lane for the on-ramp may be utilized by qualified vehicles even if it is not during the times of operation of the freeway HOV lanes.
When first installed, the Nevada HOV lanes were available exclusively to eligible vehicles 24 hours per day. As of May of 2008, however, this was changed so that the lanes now are set aside for the eligible vehicles only during peak traffic hours. This is considered to be from 6 a.m. to 10 a.m. and from 2 p.m. to 7 p.m. It is expected that the use of HOV lanes will increase in urban areas as traffic congestion demands it. Perhaps we can become better able to utilize these and reduce congestion. Finally, it should be pointed out that, at this point, there are still many violations occurring with the use of the HOV lanes on the freeways and the metered on-ramps. Please follow the law, help the congestion, and avoid a ticket for a violation.
As of summer 2008, there is no tolling allowed on Nevada highways, NRS 408.5471, so HOT Lanes do not exist in Nevada.
Slow Driving Can Be Hazardous
We all know that driving over the speed limit is unlawful and can be dangerous. But driving too slowly can also be dangerous and unlawful. Slow drivers can cause traffic congestion and can spark bad behavior by irate drivers being impeded. On the other hand, there may be good reasons to drive slowly for which the drivers should not be discouraged. Let’s look at the law in Nevada.
Speed limits are set in Nevada to show what the maximum speed limit is but the speed limit signs only state the maximum speed and not the speed at which everyone must drive. Drivers also must abide by a law (NRS 484.361) which states that one should not drive faster than what is safe under the conditions. Some conditions which may dictate a slower speed are heavy traffic, bad weather, or obstructions on the road. In any event, state law prohibits driving “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.” NRS 484.371(1). As a matter of fact, a highway authority can set a minimum speed limit if, after an engineering and traffic investigation, the authority determines that “slow speeds consistently impede the normal and reasonable movement of traffic . . . .”
A person who is driving so slow as to impede traffic immediately behind him must drive “to the extreme right side of the highway” when the highway only has one lane of travel in each direction and the pavement permits such driving. NRS 484.373(1)(a). If the highway has two or more lanes in each direction, the slow driver must drive in the right hand lane except to pass other slowly moving vehicles. NRS 484.373(1)(b). If the driver is moving too slowly on a controlled-access highway (a freeway), the driver must use alternate routes when possible. NRS 484.373(1)(c). Another rule also applies when a slow driver on a highway with only one lane in each direction has five or more vehicles following in a line and passing is unsafe. The slow driver must turn off of the highway at the nearest designated turnout or where a safe turnout exists and the driver can turn off in a safe manner. NRS 484.374(1). A slow driver in this case is one who is driving under the posted speed limit. So, if you are a slow driver or impeding traffic, please move to the right, find an alternate route, or turn off and let cars pass.
There is one instance in which slow driving is expected and allowed. Essentially, we know these vehicles as golf carts. A state law allows vehicles designed to travel between 20 and 25 miles per hour to travel on roads which are posted for 35 miles per hour or less. NRS 484.527. These “low speed vehicles” must be registered, be designed to carry four or less persons, weigh 1800 pounds or less, have four wheels on the ground and comply with federal safety standards. They can only cross highways with speeds more than 35 miles per hour.
What if you are following a person who is impeding traffic (driving within the speed limit, of course)? First of all, keep your cool and avoid road rage or aggressive driving which is also against the law. Next, you can pass the slower car, typically on the left, when the pavement markings do not prohibit passing, you have given a signal, and the conditions are safe. A driver being passed must give way to the passing vehicle and may not increase his speed until he has been passed. NRS 484.295, 484.301. Passing on the right is only allowed when, under safe conditions, the slower car is making a left turn, there is sufficient unobstructed pavement on the right of sufficient width for two or more lines of moving vehicles in each direction, or on a one-way highway which is free from obstructions and sufficiently wide for two or more lines of moving vehicles. NRS 484.297. A driver must not drive off of the pavement. Try to be patient because you may not know why the person is driving slowly and pass only when it is lawful and safe.
Defensive Driving, Part 1
No matter how good of a driver you may be, you could be involved in a crash or a close call because of the improper actions of another driver. Obviously, innocent drivers are often involved in multi-vehicle crashes and other road hazards can suddenly appear. This shows how important it is for drivers to drive defensively.
Defensive driving is mostly looking out for the other guy or the unexpected hazard. In this and subsequent articles, defensive driving techniques will be discussed. The first rule, however, is for a driver to follow all traffic laws and to be on the lookout constantly for what others are doing or for potential hazards. The best way to watch for others or potential hazards is for a driver to keep his or her eyes on the road and on the rear-view mirrors. The objective is to anticipate what action can be taken if needed for any circumstance. Unfortunately, this means you should not entirely trust that other drivers will do what is within the law or what is safe.
Watching the road involves looking ahead and anticipating problems which may affect a driver. This means looking at more than one or two vehicles ahead; it may mean looking five or six cars or more ahead. Drivers should look further ahead for slowdowns or potential hazards. Additionally, when approaching an intersection, it is important to reduce your speed, and to look for and to anticipate other drivers or pedestrians who may be crossing your path.
Defensive driving also means watching behind you and avoiding distractions. Many drivers do not constantly watch the rear-view mirrors and many are distracted by many things inside and outside the vehicle. One of the increasingly common hazards today is the use of a cell phone while driving. Often times, drivers using cell phones seem to lock up their necks and fail to look constantly in all directions. The constant scanning of all available views (front, side and rear) is important in order to know what hazards are around and what escape routes are possible.
Another defensive driving technique involves giving room for yourself and other drivers. This means that tailgating should be avoided, as well as the blind spots of other drivers. The rules about tailgating were discussed in a previous article. Essentially, though, if you are following the vehicle ahead of you too closely, either back off or move over, even if someone cut in front of you. If someone is tailgating you and you are doing the speed limit, move over to a lane on the right if possible. Avoiding blind spots of other drivers will also keep you out of harm’s way in case the other driver makes a sudden move. Knowing that you have blind spots means you should turn your head or lean forward to see more in your outside mirrors before making a lane change.
As a last item for this article, it should go without saying that drivers need to avoid violating other laws such as driving under the influence, speeding, tailgating and driving recklessly, as examples. It’s difficult to stay out of danger if laws aren’t being obeyed.
Defensive Driving, Part 2
In the first article on defensive driving (October), we said that drivers need to watch the roadway and the view of traffic behind, anticipate what other drivers might do, avoid distractions, and drive without violating driving laws. In this article, we emphasize the use of safety devices, communication and courtesy with other drivers, and certain driving locations on the roadway.
The most obvious safety device is the seat belt. Needless deaths and injuries are caused annually because seat belts have not been used and victims’ bodies are either propelled into the vehicle interior or glass or are ejected from the vehicle (often through glass) and impact hard objects outside the vehicle. In the May law of the month article on seat belt use, it was stated that 122 of 255 people who died on Nevada roads in 2007 were not wearing seatbelts. It was estimated that 60 of those would still be with us had they used seatbelts. Front and side airbags, included in newer vehicles, are also saving lives and preventing injuries. For motorcyclists, the use of helmets saves lives and prevents crippling head injuries.
Many crashes can also be avoided by letting others know what your driving intentions are. At intersections and crosswalks, it is important for the drivers, bicyclists and pedestrians to acquire eye contact with one another and to signal their intentions. The use of turn signals is a start. But communication can be made with eye contact and obvious hand gestures (friendly, of course) that the other driver or pedestrian can go ahead. Courtesy also involves not forcing your exercise of the right of way even if you might be entitled to it. Perhaps our society has become more impersonal with driving where it seems that we are all anonymous or will not come into direct contact with other drivers. But the use of courtesy in yielding the right of way and communicating with others (albeit silently) can go a long way toward preventing collisions based on misunderstanding or assumptions. The use of communication and courtesy can also make driving less stressful.
Another part of defensive driving is knowing what part of the roadway to use. For instance, on freeways or other highways where we have three or more lanes available in each direction, the safest place to be is typically in a middle lane. This is because we avoid conflicts with the traffic entering or exiting the freeway (unless we have to enter or exit) and we can go to the right or left to escape an immediate problem in front or to the side of us. On other highways without center barriers or medians, it is also wise to drive away from the center line or the left lane. This may help avoid drivers inadvertently drifting into your lane, especially on curving roads. Even driving a little less to the left in the left lane might provide an extra measure of space necessary in an emergency.
Finally, defensive driving involves knowing how to drive in all weather and on all types of roads (mountain, single-lane, curves). Obviously, inclement weather and rough or mountainous roads require us to slow down or pay more attention to the roadway. If you have not driven in bad weather or on difficult roads, ask a good driver with experience or look for tips on-line or at your local library. Better yet, take a defensive driving course. Lastly, all drivers need to know how to avoid overcorrecting when they have run off the pavement or suddenly become aware after dozing or being inattentive. Many crashes and resulting deaths and injuries occur because a driver may be a little out of his lane or off the pavement and believes a hard and quick correction is necessary to get back to where he should be. Unfortunately, many such drivers overcorrect and either drive back into oncoming traffic or go off the roadway and overturn. It is often advisable to let off the accelerator and gradually move back onto the pavement or into the correct lane of travel. This would be another good skill to learn in a defensive driving course.
Lesson for the Day on School Buses and School Zones
School is well under way and it is good to refresh our memories about the traffic laws regarding school buses and school zones. These laws are intended to protect our most precious resource: our children.
Nevada law (NRS 484.357) clearly says that a driver must come to an immediate stop when coming upon a school bus which is stopped and is displaying a flashing red light signal from each end of the bus. This applies whether the driver is approaching or overtaking a bus from the front or from the rear. A driver on a divided highway need not stop for a bus on the other side and need not stop when traffic is controlled by a traffic officer. A violation of this law is a misdemeanor and is punished by a fine from $250 to $500. A second offense within a year will cost the same and a driver may have his or her license suspended for 6 months. A third offense will result in a fine up to $1,000 and a license must be suspended for up to 1 year.
Did you know you could also get a warning in the mail if your vehicle is reported to have been involved in a violation of the law explained above? A school bus driver is authorized by law (NRS 484.358) to send a written report of a violation to the school district superintendent and the department of motor vehicles. The registered owner of the vehicle is then to be mailed a notice with the information in the report, an explanation of the legal requirements, and a warning of the seriousness of the violation.
Let’s look now at the school zone and crossing laws (NRS 484.366). School zones and school crossing zones may be designated by a local government or the Department of Transportation unless a speed limit of 15 miles per hour would be unsafe due to higher speeds in adjoining areas. Signs are then placed at the beginning and end of the zones with the beginning sign also stating the hours the speed limit is in effect or that it is in effect when children are present. When an area is designated as a school zone, a driver must not exceed 15 miles per hour except (1) when school is out, (2) during the period from 30 minutes after school is out to 30 minutes before school is in, (3) when any speed limit beacon is not flashing, or (4) during the times a sign indicates that the speed limit is not in effect. When there is a school crossing zone, a driver must not exceed 25 miles per hour with the same exceptions for school zones. School zones are those street sections adjacent to school property while school crossing zones are those street sections not adjacent to school property that students cross while walking to school (NRS 484.1485, 484.149). A driver must stop at the direction of a school crossing guard until the highway is clear of all persons, including the crossing guard. A violation is a misdemeanor (NRS 484.356).
Please be careful when approaching a school bus with flashing lights or a school zone or school crossing zone. We need to keep our children safe.
Winter is Here – And So Are Winter Driving Conditions
“The weather outside is frightful” is a phrase in the song “Let it Snow”. And “frightful” often describes driving conditions in the winter on Nevada roads. This Nevada Department of Transportation (NDOT) website mentions the driving hazards we might see on winter roads, including limited visibility, black ice, avalanche-prone areas and snow removal equipment. We all need to be prepared to drive as safely as possible under these conditions, and a few pointers can make highway travel safer and less frightening.
The NDOT website has winter driving tips, a list of things to carry with you, and driving safety pointers when encountering snowplows. The Department of Motor Vehicles also has a section in its Driver’s Handbook on page 42 about driving in bad weather. Please take a look at these useful tips.
In short, slow down, don’t turn suddenly or slam on the brakes, and drive a safe distance behind the vehicle in front of you.
Drivers should also be aware of Nevada laws which may apply to winter driving. Nevada law makes it unlawful to operate any motor vehicle “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.” (NRS 484.643) NDOT has also adopted a regulation in the state administrative code which says which tire chains and snow tires are acceptable and on what vehicles they must be used. (NAC 484.230 - .235) Nevada law also says that, when a vehicle must be equipped with chains or snow tires, they must be placed on two driving wheels of a vehicle and two braking wheels of any trailing vehicle which is equipped or required to be equipped with brakes. (NRS 484.6434; NAC 484.245)
While chains and snow tires are used in Nevada, the law specifically prohibits the use of what are known as cleated or studded tires. These are defined as tires which have “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.”
(NRS 484.6425 (1)) This doesn’t prohibit certain tires with wire studs which amount to no more than 5 percent of the total tire area in contact with the roadway or tires with tungsten studs which amount to no more than 3 percent of the tire area in contact with the roadway and used from October through April. (NRS 484.6425 (2)) Your local tire dealer should be familiar with these requirements and with the types of tires which satisfy these laws.
Drunk Driving Does Not Make for Fun and Can Ruin Your Year
Drunk driving destroys lives, families and communities. In Nevada, there were 372 traffic-related fatalities in 2007. Of those, 133 were alcohol related, or about 35% of the total. There were even more crashes involving alcohol which, but for the grace of God, did not result in a fatality. About 11% of crashes involving injuries involved alcohol or drugs. And impaired driving does not just occur around holidays and special events, although it may be more prevalent during those times. While we may have fun drinking during the Super Bowl and other events, mixing that with driving does not make it a good time. In fact, impaired driving can make a mess of the entire year – and more.
Nevada law makes it illegal for drivers to operate a motor vehicle while under the influence of alcohol or has a blood/breath alcohol concentration (BAC) at or above 0.08 percent. It is also illegal to operate a motor vehicle if under the influence of a prohibited substance or to use any chemical which renders the person incapable of safely driving. NRS 484.379.
There are many penalties which come along with a conviction for driving under the influence. If a result of a person’s DUI is not a death or serious injury, first time offenders are guilty of a misdemeanor. They must serve not less than two days in jail, pay a fine of not less than $400, and complete a course on the abuse of alcohol and controlled substances. For a second offense within 7 years, minimum jail time goes to 10 days and the minimum fine is $750. A third offense within 7 years, or any crash with a death or serious injury involved, is a felony with a minimum prison time of 1 year and a minimum fine of $2,000. Other consequences include a driver’s license revocation, a monetary civil penalty, and attendance at a meeting of victims of DUI drivers. So, if you are going to a Super Bowl party or any other event where you will be drinking, plan ahead. Use a designated driver or find another way home if you must get home. Don’t let friends drive if they are impaired.
Driving under the influence has a significant effect on our highways and causes a high social impact. Law enforcement, the courts, and social and medical services must dedicate huge resources to the problem. Because it is such a significant problem with catastrophic potential, future articles will be dedicated to explaining various aspects of the DUI laws. For now, remember to plan ahead and, if you are having fun at an event, don’t ruin the fun by driving impaired.
IF IT APPEARS THAT YOU ARE DRIVING WHILE UNDER THE INFLUENCE, HERE’S A TEST YOU WON’T HAVE TO STUDY FOR
Let’s say that you decide to go ahead and drive home or wherever you need to go after you have had a few drinks because you think you can drive just fine. Or, let’s say that a friend of yours has had a few drinks and tells you that he or she is just fine to drive. In each case, maybe you or your friend has had a few too many drinks. Now, imagine that you or your friend are in a vehicle collision or have been stopped by a police officer after you have been driving or in control of a vehicle on a highway or premises to which the public has access. Here are a few things that you and your friend might want to keep in mind.
Under Nevada law, because you or your friend obtained your driver’s license, you or your friend are considered to have given your consent to taking a “preliminary breath test” to determine the concentration of alcohol in your or your friend’s breath if the officer has reasonable grounds to believe that you or your friend:
1.) were driving or in actual physical control of a vehicle while under the influence of liquor or a controlled substance, or both, or 2.) has a concentration of alcohol of 0.08 or more in your blood or breath, or 3.) has a concentration of alcohol of 0.04 or more but less than 0.08 in your blood or breath, and were in control of a commercial vehicle on a highway or on premises to which the public has access, or 4.) has inhaled, ingested, or used a chemical, poison or solvent to a degree which renders you incapable of safely driving or exercising physical control of a vehicle and were in control of a vehicle on a highway or on premises to which the public has access.
NRS 484.383, NRS 484.379, NRS 484.3795, NRS 484.37955, NRS 484.379778,
The good news is that you don’t have to study for this test. The bad news is that, if you fail to submit to the test, the officer must take your license or driver permit, arrest you, and take you to a convenient place for the taking of a “reasonably available evidentiary test . . . .” NRS 484.382(2). You or your friend are also deemed to have given your consent to an evidentiary test of your blood, urine or breath or other bodily substance to determine the concentration of alcohol in your blood or breath or to determine the presence of a controlled substance, chemical, poison or other prohibited substance if the officer had the same reasonable grounds to believe the things listed above. NRS 484.383(1). Both of these laws are part of the so-called “implied consent” law in Nevada.
A person can refuse a blood test if alcohol is the issue, if means are reasonably available to perform a breath test. A person can also request a blood test but, if means are available to perform a breath test and the person is subsequently convicted, the person must pay for the blood test.
Notably, an officer can require a blood test if he has reasonable grounds to believe that the person caused death or substantial bodily harm as a result of driving under the influence or that the person has been convicted within the previous 7 years of one of the several listed offenses of driving under the influence. Also, if the presence of a controlled substance, chemical, poison, or other prohibited substance is in issue, the officer may direct a person to submit to a blood or urine test, or both, in addition to the breath test. NRS 484.383(5). A person afflicted with hemophilia or a heart condition requiring the use of anticoagulant as determined by a physician is exempt from a blood test but may be required to submit to a breath or urine test. NRS 484.383(3). Other than these exceptions, the officer can authorize the use of reasonable force to obtain the blood sample if the person fails to submit to a required test. NRS 484.383(7). A reasonable attempt to notify the parent or guardian of persons under 18 years of age must be made before testing the person.
The laws are pretty clear that an officer can require testing under the circumstances listed here. The legislature knows how dangerous driving under the influence is and has given officers significant authority to test people in these situations. Everyone should consider this and then, even before getting into the situation where you must take a breath, blood or urine test, pass the first test: don’t drink and drive. And, if it is your friend who has been drinking, don’t let your friend drive.
Check Your Equipment Before Driving: Headlights and Colored Lighting
Many of us may take for granted that the vehicles we buy or rent are properly equipped and in compliance with our state laws. NRS 484.541. There are instances, however, where everyone has seen vehicles with equipment which departs from the norm prompting the question, “Is that legal?” Following is a review of state laws on what type of vehicle equipment (headlights and colored lighting) is allowed.
Nevada law on vehicle equipment is found in chapter 484 of the Nevada Revised Statutes from section 484.541 to section 484.701. These sections generally cover lights, brakes, odometers and other equipment. Nevada state law requires each vehicle, other than a motorcycle or moped, to have at least two head lamps with at least one on each side of the front of the vehicle. Every headlamp must be no more than 54 inches off the ground (except for snow removal equipment) and no less than 24 inches off the ground.NRS 484.549. Trucks, buses and trailers of 80 inches or more in width must have additional “clearance lamps” on the front, NRS 484.561(2), (3), (6), which must be amber in color, NRS 484.563(1).
The law also allows the use of not more than two “auxiliary passing lamps” mounted on the front of the vehicle “at a height of not less than 24 inches nor more than 42 inches” in height. NRS 484.577(3). A vehicle may also have two fog lamps on the front of the vehicle at “not less than 12 inches nor more than 30 inches” in height, as long as none of the high-intensity portion of the left light projects ahead 25 feet at a level higher than 4 inches below the center of the lamp. NRS 484.577(4). While all of these lights are allowed on a vehicle, Nevada state law says that, whenever any of these auxiliary or other lamps on the front project a beam of greater than 300 candle power, not more than four such lamps may be lighted at any one time while the vehicle is on a highway. NRS 484.591(2).
Speaking of lights, have you ever seen cars outfitted with colored lights on the bottom of the car or in other locations? The law does allow for additional lights, or “lamps,” such as two side cowl or fender lamps, a running-board courtesy lamp on each side, hazard lights, turning lamps, and no more than three identification lamps. Any of these, however, can only be amber, white, or red and there are specific requirements as to how they can be used. NRS 484.585. None of these can be of other colors.
Check Your Equipment Before Driving:Obstructed or Tinted Windows
A previous article examined Nevada state laws on vehicle headlights and colored lighting. This article will focus on Nevada state laws covering window obstructions or tinting.
State law prohibits a person from driving a vehicle with any nontransparent material “upon” the front windshield, side or rear windows “which obstructs the driver’s clear view of the highway or any intersecting highway.” NRS 484.619. Tinting is also generally not permitted if it “alters the color or reduces the light transmission of the windshield or side or rear window.” NRS 484.6195(2).
This restriction does not apply under the following conditions:
- If the tinting on a driver’s window or the front passenger window if the window is nonreflective and has “a total light transmission of not less than 35 percent with a tolerance of 7 percent;”
- If the side mirrors are located so that the driver has a view of the highway for not less than 200 feet to the rear of the vehicle (rear window tinting);
- If the transparent material is on the topmost portion of the windshield, it cannot be red or amber in color and the bottom of the material must not be less than 29 inches above the driver’s seat backrest. NRS 484.6195(3).
There is also an exception to the prohibition of transparent material for vehicles with a model year of 1993 or older if the material was installed before July 1, 1993. Also excepted are vehicles with windows covered by or treated with any material if the vehicle could have been sold when new with the material without violating any federal statute or regulation governing the sale at the time of manufacture. NRS 484.6195.
The director of the Nevada Department of Motor Vehicles can also provide by regulation for exemptions to the window tinting restriction. NRS 484.6195(6). These regulations are found in the Nevada Administrative Code at sections 484.280 to 484.290. An applicant for an exemption must provide a sworn statement by a physician that the applicant suffers from a medical condition which requires the application of material which reduces the light transmission of a window and the applicant must attest that he is the primary driver of the vehicle. Exemptions are also allowed for an ambulance or hearse with a required operator’s permit, or for law enforcement use for surveillance, canine transportation or undercover or forensic purposes. NAC 484.285.
If you are in doubt as to whether your window tinting is legal, the offices of the Nevada Highway Patrol have a device to measure the light transmission percentage. Any commercial window tinting shop will also likely be able to provide the service.
Highway Work Zones
Double Penalties for Traffic Violations
Summer time is highway construction time. It is a time when the weather allows public road agencies and their contractors to build new roads or to do the work necessary to repair or maintain highways. This highway and road construction and maintenance often means that there must be temporary traffic control so that the work may be safely done by the workers and so that motorists can safely drive through these work zones.
The Department of Transportation website, and many publications, state the need for drivers to be patient and to drive safely in work zones. The NDOT website is updated to show highway construction areas and provides tips for safe driving in work zones. The website also has a work zone driving brochure and provides a link to The National Work Zone Safety Information Clearinghouse. It also points out that the penalties for speeding in a work zone are double the usual penalty.
Speeding, however, is not the only violation for which the penalty is doubled. Nevada law provides that a person convicted of speeding or any other listed traffic violations that occurred in a highway work zone shall be punished by doubling the penalty for the primary offense. NRS 484.3667. If there is a traffic violation, then, the convicted driver will be assessed the penalty for the violation itself and the same penalty again for the violation occurring in a work zone. The additional penalty must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service but it must be imposed in addition to the original penalty. So let’s review when this double penalty applies.
A work zone, called a “temporary traffic control zone” in Nevada, is defined as “an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted” and when highway workers are present or when the effects of the traffic violation “may be aggravated because of the condition of the highway” caused by the work. NRS 484.3667(1). These zones must be designated by the public road agency or its contractor with a sign before the beginning of the zone which states “DOUBLE PENALTIES IN WORK ZONES,” a sign marking the beginning of the zone, and a sign marking the end of the zone. NRS 484.3667(3). It should be noted that the absence of these signs will not relieve a driver of the additional penalty if the violation results in a personal injury to a highway worker or at least $1,000 damage to property. NRS 484.3667(4).
Now, let’s look at what violations can be subject to the double penalty. Nevada law lists more than 20 violations. These include: disobeying an authorized flagman, disobeying or interfering with a traffic control device, driving on the wrong side of the road or outside a marked lane, speeding, aggressive driving, reckless driving or a speed contest, vehicular manslaughter, driving under the influence, drinking alcohol while driving or having an open container of alcohol, driving with an obstructed view, driving on a highway closed to traffic or removing closed highway signs.
“Drivers often have to navigate their vehicles through work zones where workers and equipment are operating within a few feet of traffic,” Nevada Highway Patrol Chief Chris Perry says. “Also, lanes are narrowed or detoured and pavement is uneven or even non-existent. All of this means that work zones are dangerous and drivers must be patient when driving in them.”
CHARACTERISTICS OF MOTORCYCLES IN TRAFFIC:
What All Drivers Should KnowMotorcycles are unique vehicles that use the road. They are smaller and narrower than most other vehicles. Here are some things to consider:
- Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance, say 3 or 4 seconds. At intersections, predict a motorcyclist to slow down without visual warning.
- Turn signals on a motorcycle usually are not self-canceling, thus some riders (especially beginners) sometimes forget to turn them off after a turn or lane change. Make sure a motorcycle’s signal is for real.
- Motorcyclists often adjust position within a lane to be seen more easily and to minimize the effects of wind, road debris, and passing vehicles. Understand that motorcyclists adjust lane position for a purpose, not to be reckless or show off.
- Because of its small size, a motorcycle seems to be moving faster than it really is. Don’t think motorcyclists are speed demons.
- Because of its small size, a motorcycle may look farther away than it is. When checking traffic to turn at an intersection, estimate that a motorcycle is closer than it looks.
- Because of its small size, a motorcycle can be easily hidden by objects inside or outside a car (door posts, mirrors, passengers, bushes, fences, bridges, blind spots, etc). Take an extra moment to check traffic thoroughly, whether you’re changing lanes or turning at intersections.
- Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can’t always stop “on a dime.”
- Maneuverability is one of a motorcycle’s better characteristics, but only at slower speeds and with good road conditions. Don’t expect a motorcyclist always to be able to dodge out of the way.
- Carrying a passenger complicates a motorcyclist’s task. Balance is more difficult. Stopping distance is increased. Maneuverability is reduced. Predict more problems when you see two on a motorcycle, especially near intersections.
- Mirrors are smaller on a motorcycle and usually convex. This gives the motorcyclist a smaller image of you and makes you appear farther back than you actually are. Keep at least a three or four second space cushion when following a motorcyclist.
- There are a lot more cars and trucks than motorcycles on the road, and some drivers don’t “recognize” a motorcycle and ignore it (usually unintentionally). Look for motorcycles, especially when checking traffic at an intersection.
- At night, single headlights and taillights on motorcycles can blend into the lights of other traffic. Those “odd” lights could be a motorcycle.
- When a motorcycle is in motion, don’t think of it as motorcycle; think of it as a person.
For more information, contact Ken Kiphart, Nevada Rider Motorcycle Safety Program, Office of Traffic Safety, Department of Public Safety at www.nevadarider.com.
