Senate Bill No. 137

Senate Bill No. 137-Senator Rhoads

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AN ACT relating to traffic laws; revising the penalty for exceeding the posted speed limit under certain circumstances; excluding such a violation from the demerit system established by the department of motor vehicles and public safety; prohibiting insurers from raising rates for motor vehicle insurance based on such a violation; and providing other matters properly relating thereto.

[Approved July 16, 1997]

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

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Section 1. NRS 483.473 is hereby amended to read as follows:
483.473 1. As used in this section, "traffic violation" means conviction of a moving traffic violation in any municipal court, justice's court or district court in this state. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking. The term does not include a conviction or a finding by a juvenile court of a violation of the speed limit posted by a public authority under the circumstances described in subsection 1 of section 2 of this act.
2. The department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting any holder of a driver's license issued by the department. The system must be based on the accumulation of demerits during a period of 12 months.
3. The system must be uniform in its operation and the department shall set up a schedule of demerits for each traffic violation, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, a person driving a motor vehicle during the hours of daylight at a speed in excess of the speed limit posted by a public authority for the portion of highway being traversed shall be punished by a fine of $25 if:
(a) The posted speed limit is 60 miles per hour and the person is not exceeding a speed of 65 miles per hour.
(b) The posted speed limit is 65 miles per hour and the person is not exceeding a speed of 70 miles per hour.
(c) The posted speed limit is 70 miles per hour and the person is not exceeding a speed of 75 miles per hour.
2. A violation of the speed limit under any of the circumstances set forth in subsection 1 must not be recorded by the department on a driver's record and shall not be deemed a moving traffic violation.
3. The provisions of this section do not apply to a violation specified in subsection 1 that occurs in a county whose population is 100,000 or more.
Sec. 3. Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer shall not impose on an insured or group of insured an increase in rates for motor vehicle insurance because of a conviction or a finding by a juvenile court of a violation of the speed limit under the circumstances described in subsection 1 of section 2 of this act, nor shall an insurer cancel or refuse to renew a policy of insurance for that reason.
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