Assembly Bill No. 323-Assemblymen Close, Koivisto, Nolan, Sandoval, Giunchigliani, Goldwater, Amodei, Tiffany, Von Tobel, Freeman, Ohrenschall, Arberry, Chowning, Buckley, Parks, Braunlin, Herrera, Humke, Lee, Perkins, Segerblom, Anderson, Hickey, Price, Krenzer, Berman and Cegavske

April 1, 1997
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Referred to Committee on Transportation

SUMMARY--Prohibits passengers under certain circumstances from riding in bed of pickup truck without bolted seats and safety belts. (BDR 43-261)

FISCAL NOTE: Effect on Local Government: Yes.
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; prohibiting a person under certain circumstances from riding within the bed of a pickup truck or within a camper shell or slide-in camper unless he is in a seat bolted to the frame of the vehicle and is wearing a safety belt; 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:

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Section 1 NRS 484.473 is hereby amended to read as follows:
484.473 [A]
1. Except as otherwise provided in subsection 2, a person shall not , with regard to a vehicle being operated on a paved highway, ride [on any vehicle] upon any portion [thereof] of the vehicle that is primarily designed or intended for carrying goods or other cargo or that is otherwise not designed or intended for use by passengers [. This provision does not apply to an employee engaged in the necessary discharge of a duty, or to a person or persons riding within truck bodies and space intended for merchandise.] , including, without limitation, within the bed of a pickup truck or within a camper shell or slide-in camper.
2. A person may ride within the bed of a pickup truck or within a camper shell or slide-in camper if he:
(a) Is in a seat bolted to the frame of the vehicle; and
(b) Is wearing a safety belt.
3. A citation must be issued to a person who violates the provisions of this section, except that if the person is less than 18 years of age, the citation must be issued to the driver of the vehicle. A person who violates the provisions of this section shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of work for the community.
4. A violation of this section:
(a) Is not a moving traffic violation for the purposes of NRS 483.473; and
(b) May not be considered:
(1) Negligence in any civil action; or
(2) Negligence or reckless driving for the purposes of NRS 484.377.
5. As used in this section, unless the context otherwise requires:
(a) "Camper shell" has the meaning ascribed to it in NRS 361.017.
(b) "Slide-in camper" has the meaning ascribed to it in NRS 482.113.
Sec. 2. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 3. 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.

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