2008 Previous Laws of the Month

Law of the Month - January

Does Anyone Use Their Signals Anymore?

January 2008

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

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

Law of the Month - March

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.

Law of the Month - April

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.

Law of the Month - May

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

Law of the Month - June

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.

Law of the Month - July

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