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Jim Gibbons
Governor
Susan Martinovich, P.E.
Director
 

2008 Previous Laws of the Month



Law of the Month - January

Does Anyone Use Their Signals Anymore?

January 2008

Auto turn signal

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.

Law of the Month - February

What to Do When Stopped by a Police Officer

Police car

There are many different reasons why the police might stop you.

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

Law of the Month - March

TOO MANY DISTRACTIONS FOR DRIVERS

Picture of things that can distract a driver

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.

Law of the Month - April

TAILGATING IS NOT JUST A PARTY BEFORE A GAME

Picture of people at tailgate party

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.

Law of the Month - May

SEAT BELTS and CAR SEATS: IT’S THAT SIMPLE

Buckle up icon

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.

Example diagram of the four stages of child seating

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

Law of the Month - June

PEDESTRIANS AND VEHICLES

Pedestrian crossing intersection

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:

NRS 484.3245, 484.325, 484.328, 484.343. Pedestrians also have several responsibilities. A pedestrian:

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.

Law of the Month - July

BICYCLE RIDERS MUST FOLLOW VEHICLE LAWS

Bicycler on the road.

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:

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

Law of the Month - August

Are You Driving a HOV or Using a HOT Lane?

HOV Lane on freeway

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.

Example of HOV Sign

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.

Law of the Month - September

Slow Driving Can Be Hazardous

Driving slowly, Please let me pass.

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.

Law of the Month - October

Defensive Driving, Part 1

Driver in car

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.

Law of the Month - November

Lesson for the Day on School Buses and School Zones

School bus

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.

Old School Zone Sign

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.

Law of the Month - December

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.

Sunglesses

Other not-so-obvious safety devices are visors and sunglasses. Sun glare can cause deadly results when a driver loses the ability to see what is coming from the same direction as the sun. A defensive driver knows to use a visor and sunglasses to prevent glare. The other safety devices on the automobile must also be periodically checked and properly maintained. This would include not only the brakes, power steering, and electrical system, but also the tires. Tires not properly inflated or with too much wear can cause a loss of control of the vehicle. The use of all of this safety equipment and the proper maintenance of a vehicle is definitely a part of defensive driving.

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.

Heavy traffic on freeway

Driving on snow

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.



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