State statutes are the first place to look for traffic laws in Nevada. Nevada traffic laws are found in chapter 484 of the Nevada Revised Statutes (NRS), and can be found at Nevada law libraries or on the Nevada Legislature's Web site.
Another lesser-known reference from which our traffic laws come is the Manual on Uniform Traffic Control Devices, known as the MUTCD. The manual is published by the Federal Highway Administration (FHWA), and provides uniformity across the country in the use of road and highway signs, pavement markings and other traffic control devices. The MUTCD is occasionally updated, and the current issue is the 2003 edition. It is the MUTCD which establishes what signs, signals and markings mean. These signs range from the well-known octagonal-shaped red stop signs to the lesser-known blue rectangular motor services signs which provide information for travelers. Pavement markings include the familiar yellow stripes to divide opposite directions of travel on a road or highway. Markings also range from "Stop" painted on the pavement at an intersection to crosswalk lines and left or right arrows. There is a meaning to the shape, color and size of all signs, signals and markings. The NRS states that it is unlawful for any driver to disobey the instructions of any official traffic control device (NRS 484.278).
Nevada law (NRS 484.781) requires NDOT to adopt a uniform manual for traffic control devices which conforms to the MUTCD. NDOT has adopted the MUTCD which can be found on the FHWA Web site. City and county traffic control devices must also conform to the MUTCD.
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.
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.
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.”
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.”
SEASONAL TRAFFIC HAZARDS
Fires and FloodsSummer can often bring a large number of fires to Nevada and the western United States. Nevada also sees its share of flooding. While many fires and floods are in remote locations, some occur next to or on public roads and highways and have required detours or closing of the roadways.
It is essential that motorists follow the directions of the detours or highway closures. The Nevada Department of Transportation (NDOT) and the Nevada Highway Patrol (NHP) also urge drivers not to drive through fire areas which have created smoke or flame hazards on the highway, and to not drive through water flowing on a highway even if authorities have not closed the roadway.
1. Obey Law Enforcement and Highway Signs.
It is unlawful for anyone “willfully to fail or refuse to comply with any lawful order or direction” of a police officer performing his duties regarding traffic law enforcement (NRS 454.253). Traffic signs and controls must also be obeyed, per NRS 484.278. Nevada law also authorizes officers to establish administrative or temporary roadblocks to warn and protect the traveling public (NRS 484.359) or to control traffic at or near a potential or existing emergency or hazard (NRS 484.3591). The failure to obey these roadblocks is unlawful (NRS 484.3595), as is the removal of any barrier or sign, or passing over a highway that is marked or barricaded to indicate it is closed to traffic (NRS 484.479). The director of NDOT also has the authority to close highways to protect the traveling public or to protect the highway from damage during storms, construction or maintenance (NRS 408.210).
2. Driving Through a Fire or Flooded Area is Dangerous.
Even if there are no signs, police officers or highway workers providing warnings of what may be a hazardous area, drivers should not take chances when a fire or smoke is right next to or engulfing a highway, or when water is on or flowing across a highway to a depth of any more than three inches. Highway Patrol troopers have witnessed drivers attempting to drive through flame or smoke when vision is obscured and have seen the resulting destruction to the driver’s vehicle, or other crashes that have been caused. Contrary to what a driver may believe, a vehicle can become engulfed in flames, and smoke can make it impossible to see. Similarly, officers and highway workers can tell stories of drivers who believe they can drive through highways or streets with flowing or standing water, only to have the vehicle go out of control or be swept away in as little as six inches of water.
3. Don’t Take Chances. Do Contact Authorities.
NDOT and NHP urge drivers not to take chances in driving through fire, flood or other dangerous areas. Obey the signs and officers and, if there is a fire or flood and no signs or no public authorities who appear to be aware of it, call 911.
