Assembly Bill No. 487-Assemblymen Ohrenschall, de Braga, Segerblom, Humke, Manendo and Gustavson
May 15, 1997
____________
Referred to Committee on Transportation
SUMMARY--Authorizes department of motor vehicles and public safety to issue permit to certain persons to operate privately owned vehicle as authorized emergency vehicle. (BDR 43-1257)
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; authorizing the department of motor vehicles and public safety to issue a permit to a volunteer fireman and reserve member of a police department or a sheriff's office to operate a privately owned vehicle as an authorized emergency vehicle; 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 Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department may issue a permit to operate a privately owned vehicle as an authorized emergency vehicle to:
(a) A volunteer fireman.
(b) A reserve member of a police department or a sheriff's office.
2. Each authorized emergency vehicle for which a permit is issued pursuant to this section must be equipped with at least one flashing green warning lamp visible from the front and a siren for use as provided in this chapter, which lamp and siren must be in compliance with standards approved by the department. An authorized emergency vehicle that is issued a permit pursuant to this section also may display revolving, flashing or steady green warning lights to the front, sides or rear of the vehicle.
Sec. 2 NRS 484.323 is hereby amended to read as follows:
484.323Upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency, making use of flashing lights meeting the requirements of subsection 3 of NRS 484.787 [,] or subsection 2 of section 1 of this act, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or official vehicle has passed, except when otherwise directed by a police officer.
Sec. 3 NRS 484.3591 is hereby amended to read as follows:
484.35911. The police officers in this state may establish, in their respective jurisdictions [,] or in other jurisdictions within this state, temporary roadblocks upon the highways of this state:
(a) To apprehend persons known to be wanted for violation of the laws of this state, another state or the United States, and using the highways of this state for the purpose of escape; or
(b) To control traffic at or near the scene of a potential or existing emergency or hazard.
2. To warn and protect the traveling public, temporary roadblocks established by police officers must meet the following requirements:
(a) The temporary roadblock must be established at a point on the highway clearly visible at a distance of not less than 100 yards in either direction.
(b) At the point of the temporary roadblock, an authorized emergency vehicle, plainly and clearly marked as such and with its warning lights in operation, must be placed so as to be clearly visible to traffic affected by the roadblock at a distance of not less than 100 yards. When so placed, at least one of the vehicle's flashing red or green lights must be visible to approaching traffic at a distance of not less than 100 yards.
(c) At the same point of the temporary roadblock, sufficient cones, reflectors, burning flares or similar devices must be in place to identify the point of the roadblock and direct, as necessary, the path to be followed by a vehicle approaching the roadblock. The devices, when in place, must be clearly visible to traffic affected by the roadblock at a distance of not less than 100 yards.
(d) At a point located not less than 200 yards, but not more than 400 yards, from the point of the temporary roadblock, cones, reflectors, burning flares or similar devices must be placed on both shoulders of the highway and near the centerline of the highway to warn traffic that a condition hazardous to traffic exists in the immediate vicinity.
Sec. 4 NRS 484.787 is hereby amended to read as follows:
484.7871. Except as otherwise provided in NRS 484.789 [,] and section 1 of this act, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:
(a) A police or fire department.
(b) A sheriff's office.
(c) The Nevada highway patrol.
(d) The division of forestry of the department of conservation and natural resources in responding to a fire.
(e) A public ambulance agency.
(f) A public lifeguard or lifesaving agency.
2. A vehicle publicly maintained in whole or in part by the state, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriff's office or traffic law enforcement department, is an authorized emergency vehicle if:
(a) The vehicle has a permit, pursuant to NRS 484.789, from the department;
(b) The person operates the vehicle in responding to emergency calls or fire alarms, or at the request of the Nevada highway patrol or in the pursuit of actual or suspected violators of the law; and
(c) The state, county or city does not furnish a publicly owned vehicle for the purposes stated in paragraph (b).
3. [Every] Except as otherwise provided in section 1 of this act, every authorized emergency vehicle must be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in this chapter, which lamp and siren must be in compliance with standards approved by the department. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.
4. An authorized emergency vehicle may be equipped with a system or device that causes the upper-beam head lamps of the vehicle to continue to flash alternately while the system or device is activated. The driver of a vehicle that is so equipped may use the system or device when responding to an emergency call or fire alarm, while escorting a funeral procession, or when in pursuit of an actual or suspected violator of the law. As used in this subsection, "upper-beam head lamp" means a head lamp or that part of a head lamp which projects a distribution of light or composite beam meeting the requirements of subsection 1 of NRS 484.587.
5. Except as otherwise provided in subsection 4, a person shall not operate a motor vehicle with any system or device that causes the head lamps of the vehicle to continue to flash alternately or simultaneously while the system or device is activated. This subsection does not prohibit the operation of a motorcycle equipped with any system or device that modulates the intensity of light produced by the head lamp of the motorcycle, if the system or device is used only during daylight hours and conforms to the requirements of 49 C.F.R. § 571.108.
6. A person shall not operate a vehicle with any lamp or device displaying a red light visible from directly in front of the center of the vehicle except an authorized emergency vehicle [,] pursuant to this section or NRS 484.789, a school bus or an official vehicle of a regulatory agency.
7. A person shall not operate a vehicle with any lamp or device displaying a blue light, except an authorized emergency vehicle [.] pursuant to this section or NRS 484.789.
Sec. 5 NRS 484.789 is hereby amended to read as follows:
484.7891. The department may issue permits for authorized emergency vehicles to vehicles required to be operated primarily for the immediate preservation of life or property or for the apprehension of violators of the law. The permits must not be issued to vehicles when there are available comparable services provided by agencies referred to in NRS 484.787.
2. The issuance of the permits to vehicles under this section must be limited to:
(a) Agencies designated in NRS 484.787;
(b) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work;
(c) Ambulances designed and operated exclusively as such; and
(d) Supervisory vehicles which are:
(1) Marked and used to coordinate and direct the response of ambulances to emergencies;
(2) Privately owned by a person licensed to operate an ambulance; and
(3) Operated under contract with a local governmental agency and at the request of its law enforcement agency or fire department.
3. The following are not emergency vehicles and must not be permitted to operate as such:
(a) Tow cars;
(b) Vehicles used by public utilities;
(c) Vehicles used in merchant patrols;
(d) Vehicles used in private escort service; and
(e) [Privately owned vehicles of volunteer firemen;
(f) Privately owned vehicles of reserve members of a police department or a sheriff's office; and
(g)] Vehicles of private detectives.