SUMMARY--Authorizes electronic observation and detection of certain violations, and issuance and service of citations for such violations by mail. (BDR 43-530)
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; authorizing a local authority to provide for the electronic observation and detection of certain traffic violations; authorizing a local authority to issue and serve a citation for such violations by mail; 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. A local authority may provide by ordinance for the observation and detection of violations of this chapter and violations of the ordinances of the local authority relating to traffic through the use of an electronic device. Any such ordinance must include, without limitation, a method by which an alleged violator of such traffic laws may view the evidence of the alleged violation created by the electronic device before the date of the hearing.
2. Except as otherwise provided in subsection 3, if an alleged violation of this chapter or a local ordinance relating to traffic is electronically observed or detected as provided in this section, a local authority may issue a citation in the name of the alleged violator which is signed by the person responsible for monitoring the electronic device and which includes, without limitation, the date and time that the alleged violation occurred and the date and time that the person must appear in court. Such a citation must be served upon the alleged violator by certified or registered mail, return receipt requested. The time specified for appearance must be at least 15 days after the date of the alleged violation. A receipt for delivery of a citation mailed pursuant to this subsection suffices as proof of service. If a local authority is unable to serve an alleged violator by mail, it may cause the citation to be served by personal service.
3. If a local authority determines that a vehicle which was observed by an electronic device in an alleged violation of this chapter or a local ordinance relating to traffic is rented or leased, the local authority may issue a citation to the lessor of the vehicle in the manner provided in subsection 2. If the local authority issues such a citation, the lessor is liable for the alleged violation unless the lessor provides the name and address of the person to whom the vehicle was rented or leased at the time of the alleged violation to the local authority not later than 45 days after receiving the citation. Upon receiving the name and address of such a person, the local authority shall dismiss the complaint against the lessor and may issue a citation in the name of the person and serve notice on the person in the manner set forth in subsection 2.
Sec. 2 NRS 484.262 is hereby amended to read as follows:
484.262 [No] Except as otherwise provided in section 1 of this act, an automobile rental agency [shall be] is not liable for any traffic violation arising out of the use of a leased or rented motor vehicle during the period such motor vehicle is not in the possession of the agency. This section does not absolve any such agency from liability for any misdemeanor committed by an officer, employee or agent of the agency.