Assembly Bill No. 272

Assembly Bill No. 272-Assemblymen Nolan, Chowning, Segerblom, Amodei, Ohrenschall, Collins, Close, Parks, Anderson, Ernaut, Lee, Koivisto, Mortenson, Carpenter and Price

March 13, 1997
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Referred to Committee on Judiciary

SUMMARY--Imposes liability for causing involvement of bus in accident. (BDR 43-87)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to traffic laws; imposing liability under certain circumstances for injuries resulting from evasive driving action taken by a bus driver; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 As used in sections 3 and 4 of this act, "bus" is limited to a school bus or a bus owned by a public transit system.
Sec. 3 If:
1. The operator of a motor vehicle, when passing a bus, prematurely enters the lane of traffic in which the bus is proceeding or otherwise maneuvers the motor vehicle so as to cause the driver of the bus to:
(a) Stop the bus abruptly;
(b) Swerve or take any other evasive action intended to avoid a collision; or
(c) Be involved in an accident;
2. One or more persons are injured as a result of the incident; and
3. A reliable description of the passing vehicle:
(a) Is provided by at least two witnesses to the incident who are able to report:
(1) The numbers, or combination of numbers and letters, of the license plate of the passing vehicle; and
(2) At least one other descriptive detail regarding the passing vehicle, including, but not limited to, its color, make, model or manufacturer; or
(b) May be ascertained from photographic evidence of the incident,
the operator of the passing vehicle is liable for any injury incurred by the driver of the bus or a passenger as a result of the incident.
Sec. 4 1. If no citation was issued at the time of the incident and the information required by subsection 3 of section 3 of this act is provided, the department shall send to the owner of the passing vehicle, by certified mail with return receipt requested, a citation substantially similar to that issued by a peace officer pursuant to NRS 484.799. The citation must include a statement informing the owner that forfeiture of bail under the citation constitutes an admission of his liability.
2. If the mailed citation is returned undelivered, or if the owner fails to return the citation with his written promise to appear, the department shall request a magistrate to issue a warrant for the arrest of the owner.
3. If the owner denies that he was the operator of the passing vehicle at the time of the incident, he must be permitted to prove that assertion and the actual identity of the operator in an administrative hearing.