SUMMARY--Revises provisions governing operation of motor vehicles. (BDR 43-1095)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to motor vehicles; reducing the maximum lawful rate of speed for certain vehicles; making a fine mandatory for transporting certain children without using restraining devices; removing an exemption from the prohibition concerning window tinting; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 484.361 is hereby amended to read as follows:
484.361It is unlawful for any person to drive or operate a vehicle of any kind or character at:
1. A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.
2. Such a rate of speed as to endanger the life, limb or property of any person.
3. A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
4. In any event, a rate of speed greater than [75] 65 miles per hour [.] for all commercial vehicles, vehicles pulling trailers or boats and recreational vehicles or 75 miles per hour for all other vehicles.
Sec. 2 NRS 484.474 is hereby amended to read as follows:
484.474 1. Except as otherwise provided in subsection 5, any person who is transporting a child who is under 5 years of age and who weighs less than 40 pounds in a motor vehicle operated in this state which is equipped to carry passengers shall secure him in a device for restraining a child which has been approved by the United States Department of Transportation.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not less than $35 nor more than $100 . [unless, within 14 days after the issuance of the citation for such a violation, the person presents to the court specified in the citation proof of his purchase of such a restraining device. Upon presentation of such proof, the court shall void the citation.]
3. For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation.
4. A violation of this section may not be considered:
(a) Negligence in any civil action; or
(b) Negligence or reckless driving for the purposes of NRS 484.377.
5. This section does not apply:
(a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.
(b) When a physician determines that the use of such a restraining device for the particular child would be impractical or dangerous because of such factors as the child's weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician to that effect.
Sec. 3 NRS 484.6195 is hereby amended to read as follows:
484.6195 1. As used in this section, unless the context otherwise requires, "light transmission" means the ratio of the amount of light which is allowed to pass through a product or material to the amount of light which falls on it.
2. Except as otherwise provided in subsections 3 [, 4 and 5] and 4, a person shall not:
(a) Place, install, affix or apply upon the windshield or any side or rear window of a motor vehicle which is required to be registered in this state; or
(b) Operate on any highway a motor vehicle required to be registered in this state on which there has been placed, installed, affixed or applied upon the windshield or any side or rear window of the motor vehicle,
any transparent material which alters the color or reduces the light transmission of the windshield or side or rear window.
3. The prohibition set forth in subsection 2 does not apply to:
(a) A window that is to the immediate right or left of the driver if the window is:
(1) Nonreflective; and
(2) Has a total light transmission through the combination, if any, of transparent material and safety glazing of not less than 35 percent with a tolerance of 7 percent.
(b) A side window that is to the rear of the driver, or a rear window, if the vehicle has outside mirrors on each side that are located so as to reflect to the driver a view of the highway through each mirror for a distance of not less than 200 feet to the rear of the vehicle.
(c) Any transparent material that is installed, affixed or applied to the topmost portion of the windshield if:
(1) The bottom edge of the material is not less than 29 inches above the undepressed driver's seat when measured from a point 5 inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface; and
(2) The material is not red or amber in color.
4. [The prohibition set forth in paragraph (b) of subsection 2 does not apply to a motor vehicle with a model year of 1993 or older, if transparent material was placed, installed, affixed or applied upon the windshield or any side or rear window of the motor vehicle before July 1, 1993.
5.] This section does not prohibit the operation or sale of a motor vehicle which has a windshield or windows that are covered by or treated with any material, if the vehicle was sold when new or could have been sold when new with such material as standard or optional equipment without violating any federal statute or regulation governing the sale at the time of manufacture.
[6.] 5. The director may, by regulation, provide for exemptions and exceptions from the provisions of subsection 2.
[7.] 6. For the purposes of NRS 483.473, a violation of subsection 2 is not a moving traffic violation.
Sec. 4 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.