SUMMARY--Revises provisions governing circumstances under which police officer may remove vehicle from roadway. (BDR 43-1530)
FISCAL NOTE: Effect on Local Government: No.
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 traffic laws; revising the provisions governing the circumstances under which a police officer may remove a vehicle from a roadway; 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 484.397 is hereby amended to read as follows:
484.397 1. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of this chapter, [such] the officer may move [such] the vehicle, or require the driver or person in charge of the vehicle to move it , to a position off the paved or improved or main-traveled part of [such] the highway.
2. Whenever any police officer finds a vehicle unattended or disabled upon any highway, bridge or causeway, or in any tunnel , where [such] the vehicle constitutes an obstruction to traffic [, such] or interferes with the normal flow of traffic, the officer may provide for the immediate removal of [such vehicle in any manner provided by law.] the vehicle.
3. Any police officer may remove any vehicle or part of a vehicle found on the highway, or cause it to be removed, to the nearest garage or other place of safekeeping if:
(a) The vehicle has been involved in an accident and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle;
(b) The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; or
(c) The person in charge of the vehicle is unable to provide for its custody or removal within:
(1) Twenty-four hours after abandoning the vehicle on any freeway, United States highway or other primary arterial highway.
(2) Seventy-two hours after abandoning the vehicle on any other highway.
(3) Two hours in all other cases.