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.
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.
