AB444_EN

Assembly Bill No. 444–Committee on Transportation

CHAPTER..........

AN ACT relating to transportation; authorizing vehicles used by the Department of Transportation in the construction, maintenance or repair of highways to be equipped with tail lamps that emit nonflashing blue light under certain circumstances; providing an additional penalty for a violation of certain traffic laws in an area designated as a temporary traffic control zone for construction, maintenance or repair of a highway; requiring prosecution of a failure to comply with signals of flagmen under certain circumstances; exempting certain benches, shelters and stations for passengers of public mass transportation for which a franchise has been granted from certain prohibitions against outdoor advertising; requiring a franchisee to use revenues it receives from such authorized advertising for the repayment of certain financial obligations; extending the prohibition against the driver of a motor vehicle allowing a person to ride upon or within certain portions of the motor vehicle under certain circumstances; providing penalties; 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:

An authorized vehicle used by the Department of Transportation for the construction, maintenance or repair of highways may be equipped with tail lamps that emit nonflashing blue light which may be used:

1. For vehicles that perform construction, maintenance or repair of highways, including, without limitation, vehicles used for the removal of snow, when the vehicle is engaged in such construction, maintenance or repair; and

2. For all other authorized vehicles of the Department of Transportation used in the construction, maintenance or repair of highways:

(a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and

(b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present.

Sec. 1.5. NRS 484.254 is hereby amended to read as follows:

484.254 1. It is unlawful for a driver of a vehicle to fail or

refuse to comply with any signal of an authorized flagman serving

in a traffic control capacity in a clearly marked area of highway

construction or maintenance.

2. A district attorney shall prosecute all violations of

subsection 1 which occur in his jurisdiction and which result in

injury to any person performing highway construction or

maintenance unless the district attorney has good cause for not

prosecuting the violation. In addition to any other penalty, if a

driver violates any provision of subsection 1 and the violation

results in injury to any person performing highway construction

or maintenance, or in damage to property in an amount of not less

than $1,000, the driver shall be punished by a fine of not less than

$1,000 or more than $2,000, and ordered to perform 120 hours of

community service.

3. A person who violates any provision of subsection 1 may be

subject to the additional penalty set forth in NRS 484.3667.

4. As used in this section, “authorized flagman serving in a

traffic control capacity” means [an] :

(a) An employee of the Department of Transportation or of a

contractor performing highway construction or maintenance for the

Department of Transportation while he is carrying out the duties of

his employment [.] ;

(b) An employee of any other governmental entity or of a

contractor performing highway construction or maintenance for

the governmental entity while he is carrying out the duties of his

employment; or

highway construction or maintenance while he is carrying out the

duties of his employment if the person has satisfactorily completed

training as a flagman approved or recognized by the Department

of Transportation.

Sec. 2. NRS 484.278 is hereby amended to read as follows:

484.278 1. It is unlawful for any driver to disobey the

instructions of any official traffic-control device placed in

accordance with the provisions of this chapter, unless at the time

otherwise directed by a police officer.

2. No provision of this chapter for which such devices are

required [shall] may be enforced against an alleged violator if at the

time and place of the alleged violation [such] the device is not in

proper position and sufficiently legible to be seen by an ordinarily

observant person. Whenever a particular provision of this chapter

does not state that such devices are required, [such provision shall

be] the provision is effective even though no devices are erected or

in place.

3. Whenever devices are placed in position approximately

conforming to the requirements of this chapter, such devices [shall

be] are presumed to have been so placed by the official act or

direction of a public authority, unless the contrary is established by

competent evidence.

4. Any device placed pursuant to the provisions of this chapter

and purporting to conform to the lawful requirements pertaining to

such devices [shall be] is presumed to comply with the requirements

of this chapter unless the contrary is established by competent

evidence.

5. A person who violates any provision of subsection 1 may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 2.5. NRS 484.287 is hereby amended to read as follows:

484.287 1. It is unlawful for any person to place, maintain or

display upon or in view of any highway any unauthorized sign,

signal, marking or device which purports to be or is an imitation of

or resembles an official traffic-control device or railroad sign or

signal, or which attempts to direct the movement of traffic, or which

hides from view or interferes with the effectiveness of any such

device, sign or signal, and except as otherwise provided in

subsection 4, a person shall not place or maintain nor may any

public authority permit upon any highway any sign, signal or

marking bearing thereon any commercial advertising except on

benches and shelters for passengers of public mass transportation for

which a franchise has been granted pursuant to NRS 244.187 and

244.188, 268.081 and 268.083 , [or] 269.128 and 269.129 [.] , or on

monorail stations.

2. Every such prohibited sign, signal or marking is hereby

declared to be a public nuisance, and the proper public authority

may remove the same or cause it to be removed without notice.

3. This section does not prohibit the erection upon private

property adjacent to highways of signs giving useful directional

information and of a type that cannot be mistaken for official traffic-

control devices.

4. A person may place and maintain commercial advertising in

an airspace above a highway under the conditions specified pursuant

to subsection 3 of NRS 405.110, and a public authority may permit

commercial advertising that has been placed in an airspace above a

highway under the conditions specified pursuant to subsection 3 of

NRS 405.110.

5. If a franchisee receives revenues from commercial

advertising authorized by subsection 1 and the franchisee is

obligated to repay a bond issued by the State of Nevada, the

franchisee shall use all revenue generated by the advertising

authorized by subsection 1 to meet its obligations to the State of

Nevada as set forth in the financing agreement and bond

indenture, including, without limitation, the payment of operations

and maintenance obligations, the funding of reserves and the

payment of debt service. To the extent that any surplus revenue

remains after the payment of all such obligations, the surplus

revenue must be used solely to repay the bond until the bond is

repaid.

6. As used in this section, “monorail station” means:

(a) A structure for the loading and unloading of passengers

from a monorail for which a franchise has been granted pursuant

to NRS 705.695 or an agreement has been entered into pursuant

to NRS 705.695; and

(b) Any facilities or appurtenances within such a structure.

Sec. 3. NRS 484.289 is hereby amended to read as follows:

484.289 1. A person shall not, without lawful authority,

attempt to or alter, deface, injure, knock down or remove any

official traffic-control device or any railroad sign or signal or any

inscription, shield or insigne thereon, or any other part thereof.

2. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 4. NRS 484.291 is hereby amended to read as follows:

484.291 1. Upon all highways of sufficient width a vehicle

[shall] must be driven upon the right half of the highway, except as

follows:

[1.] (a) When overtaking and passing another vehicle

proceeding in the same direction under the laws governing such

movements;

[2.] (b) When the right half of the highway is closed to traffic;

[3.] (c) Upon a highway divided into three lanes for traffic

under the laws applicable thereon;

[4.] (d) Upon a highway designated and posted for one-way

traffic; or

[5.] (e) When the highway is not of sufficient width.

2. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 5. NRS 484.293 is hereby amended to read as follows:

484.293 1. Drivers of vehicles proceeding in opposite

directions shall pass each other keeping to the right, and upon

highways having width for not more than one line of traffic in each

direction, each driver shall give to the other at least one-half of the

paved portion of the highway as nearly as possible.

2. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 6. NRS 484.295 is hereby amended to read as follows:

484.295 1. The driver of a vehicle overtaking another vehicle

proceeding in the same direction shall pass to the left thereof at a

safe distance and shall not again drive to the right side of the

highway until safely clear of the overtaken vehicle.

2. Except when overtaking and passing on the right is

permitted, the driver of an overtaken vehicle shall give way to the

right in favor of the overtaking vehicle upon observing the

overtaking vehicle or hearing a signal. The driver of an overtaken

vehicle shall not increase the speed of his vehicle until completely

passed by the overtaking vehicle.

3. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 7. NRS 484.297 is hereby amended to read as follows:

484.297 1. The driver of a vehicle may overtake and pass

upon the right of another vehicle only under the following

conditions:

(a) When the driver of the vehicle overtaken is making or

signaling to make a left turn.

(b) Upon a highway with unobstructed pavement, not occupied

by parked vehicles, of sufficient width for two or more lines of

moving vehicles in each direction.

direction of movement, where the highway is free from obstructions

and of sufficient width for two or more lines of moving vehicles.

2. The driver of a vehicle may overtake and pass another

vehicle upon the right only under conditions permitting such

movement in safety.

3. The driver of a vehicle shall not overtake and pass another

vehicle upon the right when such movement requires driving off the

paved portion of the highway.

4. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 8. NRS 484.299 is hereby amended to read as follows:

484.299 1. A vehicle [shall] must not be driven to the left

side of the center of a two-lane, two-directional highway and

overtaking and passing another vehicle proceeding in the same

direction, unless such left side is clearly visible and is free of

oncoming traffic for a sufficient distance ahead to permit such

overtaking and passing to be completely made without interfering

with the safe operation of any vehicle approaching from the

opposite direction or any vehicle overtaken.

2. A vehicle [shall] must not be driven to the left side of the

highway at any time:

(a) When approaching the crest of a grade or upon a curve in the

highway where the driver’s view is obstructed within such distance

as to create a hazard in the event another vehicle might approach

from the opposite direction.

(b) When approaching within 100 feet or traversing any

intersection or railroad grade crossing.

feet of any bridge, viaduct or tunnel.

3. Subsection 2 does not apply upon a one-way highway.

4. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 9. NRS 484.301 is hereby amended to read as follows:

484.301 1. The Department of Transportation with respect to

highways constructed under the authority of chapter 408 of NRS,

and local authorities with respect to highways under their

jurisdiction, may determine those zones of highways where

overtaking and passing to the left or making a left-hand turn would

be hazardous, and may by the erection of official traffic-control

devices indicate such zones. When such devices are in place and

clearly visible to an ordinarily observant person , every driver of a

vehicle shall obey the directions thereof.

2. Except as otherwise provided in subsections 3 and 4, a

driver shall not drive on the left side of the highway within such

zone or drive across or on the left side of any pavement striping

designed to mark such zone throughout its length.

3. A driver may drive across a pavement striping marking such

zone to an adjoining highway if he has first given the appropriate

turn signal and there will be no impediment to oncoming or

following traffic.

4. Except where otherwise provided, a driver may drive across

a pavement striping marking such a zone to make a left-hand turn if

he has first given the appropriate turn signal in compliance with

NRS 484.343, if it is safe and if it would not be an impediment to

oncoming or following traffic.

5. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 10. NRS 484.305 is hereby amended to read as follows:

484.305 1. If a highway has two or more clearly marked

lanes for traffic traveling in one direction, vehicles must:

(a) Be driven as nearly as practicable entirely within a single

lane; and

(b) Not be moved from that lane until the driver has given the

appropriate turn signal and ascertained that such movement can be

made with safety.

2. Upon a highway which has been divided into three clearly

marked lanes a vehicle must not be driven in the extreme left lane at

any time. A vehicle on such a highway must not be driven in the

center lane except:

(a) When overtaking and passing another vehicle where the

highway is clearly visible and the center lane is clear of traffic for a

safe distance;

(b) In preparation for a left turn; or

moving in the direction in which the vehicle is proceeding and a

sign is posted to give notice of such allocation.

3. If a highway has been designed to provide a single center

lane to be used only for turning by traffic moving in both directions,

the following rules apply:

(a) A vehicle may be driven in the center turn lane only for the

purpose of making a left-hand turn.

(b) A vehicle must not travel more than 200 feet in a center turn

lane before making a left-hand turn.

4. If a highway has been designed to provide a single right lane

to be used only for turning, a vehicle must:

(a) Be driven in the right turn lane only for the purpose of

making a right turn; and

(b) While being driven in the right turn lane, not travel through

an intersection.

5. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 11. NRS 484.309 is hereby amended to read as follows:

484.309 1. Every vehicle driven upon a divided highway

[shall] must be driven only upon the right-hand roadway and [shall]

must not be driven over, across or within any dividing space, barrier

or section [nor] or make any left turn, semicircular turn or U-turn,

except through an opening in the barrier or dividing section or space

or at a crossover or intersection established by a public authority.

2. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 12. NRS 484.311 is hereby amended to read as follows:

484.311 1. When official traffic-control devices are erected

giving notice thereof, a person shall not drive a vehicle onto or from

any controlled-access highway except at those entrances and exits

which are indicated by such devices.

2. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 13. NRS 484.335 is hereby amended to read as follows:

484.335 1. Whenever official traffic-control devices are

erected indicating that no right or left turn is permitted, it is

unlawful for any driver of a vehicle to disobey the directions of any

such [sign.] devices.

2. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 14. NRS 484.337 is hereby amended to read as follows:

484.337 1. A U-turn may be made on any road where the

turn can be made with safety, except as prohibited by this section

and by the provisions of NRS 484.309 and 484.339.

2. If an official traffic-control device indicates that a U-turn is

prohibited, the driver shall obey the directions of the device.

3. The driver of a vehicle shall not make a U-turn in a business

district, except at an intersection or on a divided highway where an

appropriate opening or crossing place exists.

4. Notwithstanding the foregoing provisions of this section,

local authorities and the Department of Transportation may prohibit

U-turns at any location within their respective jurisdictions.

5. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 15. NRS 484.361 is hereby amended to read as follows:

484.361 1. It is unlawful for any person to drive or operate a

vehicle of any kind or character at:

[1.] (a) A rate of speed greater than is reasonable or proper,

having due regard for the traffic, surface and width of the highway,

the weather and other highway conditions.

[2.] (b) Such a rate of speed as to endanger the life, limb or

property of any person.

[3.] (c) A rate of speed greater than that posted by a public

authority for the particular portion of highway being traversed.

[4.] (d) In any event, a rate of speed greater than 75 miles per

hour.

2. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 16. NRS 484.363 is hereby amended to read as follows:

484.363 1. The fact that the speed of a vehicle is lower than

the prescribed limits does not relieve a driver from the duty to

decrease speed when approaching and crossing an intersection,

when approaching and going around a curve, when approaching a

hill crest, when traveling upon any narrow or winding highway, or

when special hazards exist or may exist with respect to pedestrians

or other traffic, or by reason of weather or other highway conditions,

and speed [shall] must be decreased as may be necessary to avoid

colliding with any person, vehicle or other conveyance on or

entering a highway in compliance with legal requirements and the

duty of all persons to use due care.

2. Any person who fails to use due care as required by

subsection 1 may be subject to the additional penalty set forth in

NRS 484.3667.

Sec. 17. NRS 484.3667 is hereby amended to read as follows:

484.3667 1. Except as otherwise provided in subsection 2, a

person who is convicted of a violation of a speed limit[:] , or of

NRS 484.254, 484.278, 484.289, 484.291 to 484.301, inclusive,

484.305, 484.309, 484.311, 484.335, 484.337, 484.361, 484.363,

484.3765, 484.377, 484.379, 484.448, 484.453 or 484.479, that

occurred:

(a) In an area designated as a temporary traffic control zone in

which construction, maintenance or repair of a highway is

conducted; and

(b) At a time when the workers who are performing the

construction, maintenance or repair of the highway are present, or

when the effects of the act may be aggravated because of the

condition of the highway caused by construction, maintenance or

repair, including, without limitation, reduction in lane width,

reduction in the number of lanes, shifting of lanes from the

designated alignment and uneven or temporary surfaces,

including, without limitation, modifications to road beds, cement-

treated bases, chip seals and other similar conditions,

shall be punished by imprisonment or by a fine, or both, for a term

or an amount equal to and in addition to the term of imprisonment or

amount of the fine, or both, that the court imposes for the primary

offense. Any term of imprisonment imposed pursuant to this

subsection runs consecutively with the sentence prescribed by the

court for the crime. This subsection does not create a separate

offense, but provides an additional penalty for the primary offense,

whose imposition is contingent upon the finding of the prescribed

fact.

2. The [penalty imposed for the primary offense and the]

additional penalty imposed pursuant to subsection 1 must not exceed

a total of $1,000, 6 months of imprisonment or 120 hours of

community service.

3. A governmental entity that designates an area as a temporary

traffic control zone in which construction, maintenance or repair of

a highway is conducted, or the person with whom the governmental

entity contracts to provide such service shall cause to be erected:

(a) A sign located before the beginning of such an area [which

states that] stating “DOUBLE PENALTIES IN WORK ZONES”

to indicate a double penalty [will] may be imposed [upon a person

who is convicted of violating the speed limit within the temporary

traffic control zone;] pursuant to this section;

(b) A sign to mark the beginning of the temporary traffic control

zone; and

4. A person who otherwise would be subject to an additional

penalty pursuant to this section is not relieved of any criminal

liability because signs are not erected as required by subsection 3

if the violation results in injury to any person performing highway

construction or maintenance in the temporary traffic control zone

or in damage to property in an amount equal to $1,000 or more.

Sec. 18. NRS 484.367 is hereby amended to read as follows:

484.367 1. Except as otherwise provided in subsection 2 and

pursuant to the power granted in NRS 269.185, the town board or

board of county commissioners may, by ordinance, limit the speed

of motor vehicles in any unincorporated town in the county as may

be deemed proper.

2. The Department of Transportation may establish the speed

limits for motor vehicles on highways within the boundaries of any

unincorporated town which are constructed and maintained under

the authority granted by chapter 408 of NRS.

3. A person who violates any speed limit established pursuant

to this section may be subject to the additional penalty set forth in

NRS 484.3667.

Sec. 19. NRS 484.368 is hereby amended to read as follows:

484.368 1. The Department of Transportation may establish

the speed limits for motor vehicles on highways which are

constructed and maintained by the Department of Transportation

under the authority granted to it by chapter 408 of NRS.

2. Except as otherwise provided by federal law, the Department

of Transportation may establish a speed limit on such highways not

to exceed 75 miles per hour and may establish a lower speed limit:

(a) Where necessary to protect public health and safety.

(b) For trucks, overweight and oversized vehicles, trailers drawn

by motor vehicles and buses.

3. A person who violates any speed limit established pursuant

to this section may be subject to the additional penalty set forth in

NRS 484.3667.

Sec. 20. NRS 484.3765 is hereby amended to read as follows:

484.3765 1. A driver commits an offense of aggressive

driving if, during any single, continuous period of driving within the

course of 1 mile, the driver does all the following, in any sequence:

(a) Commits one or more acts of speeding in violation of NRS

484.361 or 484.366.

(b) Commits two or more of the following acts, in any

combination, or commits any of the following acts more than once:

(1) Failing to obey an official traffic-control device in

violation of NRS 484.278.

(2) Overtaking and passing another vehicle upon the right by

driving off the paved portion of the highway in violation of

NRS 484.297.

(3) Improper or unsafe driving upon a highway that has

marked lanes for traffic in violation of NRS 484.305.

(4) Following another vehicle too closely in violation of

NRS 484.307.

(5) Failing to yield the right-of-way in violation of any

provision of NRS 484.315 to 484.323, inclusive.

another vehicle or to another person, whether or not the other person

is riding in or upon the vehicle of the driver or any other vehicle.

2. A driver may be prosecuted and convicted of an offense of

aggressive driving in violation of subsection 1 whether or not the

driver is prosecuted or convicted for committing any of the acts

described in paragraphs (a) and (b) of subsection 1.

3. A driver who commits an offense of aggressive driving in

violation of subsection 1 is guilty of a misdemeanor. In addition to

any other penalty:

(a) For the first offense within 2 years, the court shall order the

driver to attend, at his own expense, a course of traffic safety

approved by the Department and may issue an order suspending the

driver’s license of the driver for a period of not more than 30 days.

(b) For a second or subsequent offense within 2 years, the court

shall issue an order revoking the driver’s license of the driver for a

period of 1 year.

4. To determine whether the provisions of paragraph (a) or (b)

of subsection 3 apply to one or more offenses of aggressive driving,

the court shall use the date on which each offense of aggressive

driving was committed.

5. If the driver is already the subject of any other order

suspending or revoking his driver’s license, the court shall order the

additional period of suspension or revocation, as appropriate, to

apply consecutively with the previous order.

6. If the court issues an order suspending or revoking the

driver’s license of the driver pursuant to this section, the court shall

require the driver to surrender to the court all driver’s licenses then

held by the driver. The court shall, within 5 days after issuing the

order, forward the driver’s licenses and a copy of the order to the

Department.

7. If the driver successfully completes a course of traffic safety

ordered pursuant to this section, the Department shall cancel three

demerit points from his driving record in accordance with NRS

483.475, unless the driver would not otherwise be entitled to have

those demerit points cancelled pursuant to the provisions of that

section.

8. This section does not preclude the suspension or revocation

of the driver’s license of the driver pursuant to any other provision

of law.

9. A person who violates any provision of subsection 1 may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 21. NRS 484.377 is hereby amended to read as follows:

484.377 1. It is unlawful for a person to:

(a) Drive a vehicle in willful or wanton disregard of the safety of

persons or property.

(b) Drive a vehicle in an unauthorized speed contest on a public

highway.

A violation of this subsection or subsection 1 of NRS 484.348

constitutes reckless driving.

2. A person who does any act or neglects any duty imposed by

law while driving or in actual physical control of any vehicle in

willful or wanton disregard of the safety of persons or property, if

the act or neglect of duty proximately causes the death of or

substantial bodily harm to a person other than himself, is guilty of a

category B felony and shall be punished by imprisonment in the

state prison for a minimum term of not less than 1 year and a

maximum term of not more than 6 years, or by a fine of not more

than $5,000, or by both fine and imprisonment.

3. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667 unless

the person is subject to the penalty provided pursuant to

subsection 4 of NRS 484.348.

Sec. 22. NRS 484.379 is hereby amended to read as follows:

484.379 1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 or more in his blood

or breath; or

being in actual physical control of a vehicle to have a concentration

of alcohol of 0.10 or more in his blood or breath,

to drive or be in actual physical control of a vehicle on a highway or

on premises to which the public has access.

2. It is unlawful for any person who:

(a) Is under the influence of a controlled substance;

(b) Is under the combined influence of intoxicating liquor and a

controlled substance; or

poison or organic solvent, or any compound or combination of any

of these, to a degree which renders him incapable of safely driving

or exercising actual physical control of a vehicle,

to drive or be in actual physical control of a vehicle on a highway or

on premises to which the public has access. The fact that any person

charged with a violation of this subsection is or has been entitled to

use that drug under the laws of this state is not a defense against any

charge of violating this subsection.

3. It is unlawful for any person to drive or be in actual physical

control of a vehicle on a highway or on premises to which the public

has access with an amount of a prohibited substance in his blood or

urine that is equal to or greater than:

Prohibited substance Urine Blood

NanogramsNanograms

per milliliterper milliliter

(a) Amphetamine 500 100

(b) Cocaine 150 50

(d) Heroin 2,000 50

(e) Heroin metabolite:

(1) Morphine 2,000 50

(2) 6-monoacetyl morphine10 10

(f) Lysergic acid diethylamide25 10

(g) Marijuana 10 2

(h) Marijuana metabolite 15 5

(i) Methamphetamine 500 100

(j) Phencyclidine 25 10

4. If consumption is proven by a preponderance of the

evidence, it is an affirmative defense under paragraph (c) of

subsection 1 that the defendant consumed a sufficient quantity of

alcohol after driving or being in actual physical control of the

vehicle, and before his blood or breath was tested, to cause him to

have a concentration of alcohol of 0.10 or more in his blood or

breath. A defendant who intends to offer this defense at a trial

or preliminary hearing must, not less than 14 days before the trial or

hearing or at such other time as the court may direct, file and serve

on the prosecuting attorney a written notice of that intent.

5. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 23. NRS 484.448 is hereby amended to read as follows:

484.448 1. It is unlawful for a person to drink an alcoholic

beverage while he is driving or in actual physical control of a motor

vehicle upon a highway.

2. Except as otherwise provided in this subsection, it is

unlawful for a person to have an open container of an alcoholic

beverage within the passenger area of a motor vehicle while the

motor vehicle is upon a highway. This subsection does not apply to

a motor vehicle which is designed, maintained or used primarily for

the transportation of persons for compensation, or to the living

quarters of a house coach or house trailer.

3. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

4. As used in this section:

(a) “Alcoholic beverage” has the meaning ascribed to it in

NRS 202.015.

(b) “Open container” means a container which has been opened

or the seal of which has been broken.

designed for the seating of the driver or a passenger.

Sec. 24. NRS 484.453 is hereby amended to read as follows:

484.453 1. A person shall not drive a vehicle when it is so

loaded, or when there are in the front seat such number of persons,

exceeding three, as to obstruct the view of the driver to the front or

sides of the vehicle or as to interfere with the driver’s control over

the driving mechanism of the vehicle.

2. A passenger in a vehicle shall not ride in such position as to

interfere with the driver’s view ahead or to the sides, or to interfere

with his control over the driving mechanism of the vehicle.

3. Except as otherwise provided in NRS 484.6195, a vehicle

must not be operated upon any highway unless the driver’s vision

through any required glass equipment is normal.

4. A person who violates any provision of this section may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 24.5. NRS 484.473 is hereby amended to read as follows:

484.473 1. Except as otherwise provided in subsections 2 and

4, a driver shall not permit a person, with regard to a motor vehicle

being operated on a paved highway , [within a county whose

population is 100,000 or more,] to ride upon or within any portion

of the vehicle that is primarily designed or intended for carrying

goods or other cargo or that is otherwise not designed or intended

for the use of passengers, including, without limitation:

(a) Upon the bed of a flatbed truck; or

(b) Within the bed of a pickup truck.

2. A driver may permit a person to ride upon the bed of a

flatbed truck or within the bed of a pickup truck if the person is:

(a) Eighteen years of age or older; or

(b) Under 18 years of age and the motor vehicle is:

(1) [Not being operated on a freeway or other road that has

two or more lanes for traffic traveling in one direction;

(2)] Being used in the course of farming or ranching; or

[(3)] (2) Being driven in a parade authorized by a local

authority.

3. A citation must be issued to a driver who permits a person to

ride upon [the bed of a flatbed truck] or within [the bed of a pickup

truck] a vehicle in violation of subsection 1. A driver who is cited

pursuant to this subsection shall be punished by a fine of at least $35

but not more than $100.

4. The provisions of subsection 1 do not apply to the portion of

the bed of a truck that is covered by a camper shell or slide-in

camper.

5. 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 as:

(1) Negligence or causation in a civil action; or

(2) Negligent or reckless driving for the purposes of

NRS 484.377.

6. As used in this section:

(a) “Camper shell” has the meaning ascribed to it in

NRS 361.017.

(b) [“Freeway” has the meaning ascribed to it in NRS 408.060.

(c)] “Slide-in camper” has the meaning ascribed to it in

NRS 482.113.

Sec. 25. NRS 484.479 is hereby amended to read as follows:

484.479 1. It [shall be] is unlawful for any person to remove

any barrier or sign stating that a highway is closed to traffic.

2. It [shall be] is unlawful to pass over a highway that is

marked, signed or barricaded to indicate that it is closed to traffic. A

person who violates any provision of this subsection may be

subject to the additional penalty set forth in NRS 484.3667.

Sec. 26. NRS 405.030 is hereby amended to read as follows:

405.030 1. Except as otherwise provided in subsection 3 and

except within the limits of any city or town through which the

highway may run, and on benches and shelters for passengers of

public mass transportation built pursuant to a franchise granted

pursuant to NRS 244.187 and 244.188, 268.081 and 268.083 , [or]

269.128 and 269.129 [,] , or on monorail stations, it is unlawful for

any person, firm or corporation to paste, paint, print or in any

manner whatever place or attach to any building, fence, gate, bridge,

rock, tree, board, structure or anything whatever, any written,

printed, painted or other outdoor advertisement, bill, notice, sign,

picture, card or poster:

(a) Within any right-of-way of any state highway or road which

is owned or controlled by the Department of Transportation.

(b) Within 20 feet of the main traveled way of any unimproved

highway.

without the owner’s written consent.

2. Nothing in this section prevents the posting or maintaining

of any notices required by law to be posted or maintained, or the

placing or maintaining of highway signs giving directions and

distances for the information of the traveling public if the signs are

approved by the Department of Transportation.

3. A tenant of a mobile home park may exhibit a political sign

within a right-of-way of a state highway or road which is owned or

controlled by the Department of Transportation if the tenant exhibits

the sign within the boundary of his lot and in accordance with the

requirements and limitations set forth in NRS 118B.145. As used in

this subsection, the term “political sign” has the meaning ascribed to

it in NRS 118B.145.

4. If a franchisee receives revenues from an advertisement,

bill, notice, sign, picture, card or poster authorized by subsection 1

and the franchisee is obligated to repay a bond issued by the State

of Nevada, the franchisee shall use all revenue generated by the

advertisement, bill, notice, sign, picture, card or poster authorized

by subsection 1 to meet its obligations to the State of Nevada as set

forth in the financing agreement and bond indenture, including,

without limitation, the payment of operations and maintenance

obligations, the funding of reserves and the payment of debt

service. To the extent that any surplus revenue remains after the

payment of all such obligations, the surplus revenue must be used

solely to repay the bond, until the bond is repaid.

5. As used in this section, “monorail station” means:

(a) A structure for the loading and unloading of passengers

from a monorail for which a franchise has been granted pursuant

to NRS 705.695 or an agreement has been entered into pursuant

to NRS 705.695; and

(b) Any facilities or appurtenances within such a structure.

Sec. 27. NRS 405.110 is hereby amended to read as follows:

405.110 1. Except on benches and shelters for passengers of

public mass transportation for which a franchise has been granted

pursuant to NRS 244.187 and 244.188, 268.081 and 268.083 , [or]

269.128 and 269.129 [,] , or on monorail stations, no advertising

signs, signboards, boards or other materials containing advertising

matter may:

(a) Except as otherwise provided in subsection 3, be placed

upon or over any state highway.

(b) Except as otherwise provided in subsections 3 and 4, be

placed within the highway right-of-way.

upon any bridge or other structure thereon.

(d) Be so situated with respect to any public highway as to

obstruct clear vision of an intersecting highway or highways or

otherwise so situated as to constitute a hazard upon or prevent the

safe use of the state highway.

2. With the permission of the Department of Transportation,

counties, towns or cities of this state may place at such points as are

designated by the Director of the Department of Transportation

suitable signboards advertising the counties, towns or

municipalities.

3. A person may place an advertising sign, signboard, board or

other material containing advertising matter in any airspace above a

highway if:

(a) The Department of Transportation has leased the airspace to

the person pursuant to subsection 2 of NRS 408.507, the airspace is

over an interstate highway and:

(1) The purpose of the sign, signboard, board or other

material is to identify a commercial establishment that is entirely

located within the airspace, services rendered, or goods produced or

sold upon the commercial establishment or that the facility or

property that is located within the airspace is for sale or lease; and

(2) The size, location and design of the sign, signboard,

board or other material and the quantity of signs, signboards, boards

or other materials have been approved by the Department of

Transportation; or

(b) The person owns real property adjacent to an interstate

highway and:

(1) The person has dedicated to a public authority a fee or

perpetual easement interest in at least 1 acre of the property for the

construction or maintenance, or both, of the highway over which he

is placing the sign, signboard, board or other material and the person

retained the air rights in the airspace above the property for which

the person has dedicated the interest;

(2) The sign, signboard, board or other material is located in

the airspace for which the person retained the air rights;

(3) The structure that supports the sign, signboard, board or

other material is not located on the property for which the person

dedicated the fee or easement interest to the public authority, and

the public authority determines that the location of the structure

does not create a traffic hazard; and

(4) The purpose of the sign, signboard, board or other

material is to identify an establishment or activity that is located on

the real property adjacent to the interstate highway, or services

rendered or goods provided or sold on that property.

4. A tenant of a mobile home park may exhibit a political sign

within a right-of-way of a state highway or road which is owned or

controlled by the Department of Transportation if the tenant exhibits

the sign within the boundary of his lot and in accordance with the

requirements and limitations set forth in NRS 118B.145. As used in

this subsection, the term “political sign” has the meaning ascribed to

it in NRS 118B.145.

5. If any such sign is placed in violation of this section, it is

thereby declared a public nuisance and may be removed forthwith

by the Department of Transportation or the public authority.

6. Any person placing any such sign in violation of the

provisions of this section shall be punished by a fine of not more

than $250, and is also liable in damages for any injury or injuries

incurred or for injury to or loss of property sustained by any person

by reason of the violation.

7. If a franchisee receives revenues from an advertising sign,

signboard, board or other material containing advertising matter

authorized by subsection 1 and the franchisee is obligated to repay

a bond issued by the State of Nevada, the franchisee shall use all

revenue generated by the advertising sign, signboard, board or

other material containing advertising matter authorized by

subsection 1 to meet its obligations to the State of Nevada as set

forth in the financing agreement and bond indenture, including,

without limitation, the payment of operations and maintenance

obligations, the funding of reserves and the payment of debt

service. To the extent that any surplus revenue remains after the

payment of all such obligations, the surplus revenue must be used

solely to repay the bond until the bond is repaid.

8. As used in this section, “monorail station” means:

(a) A structure for the loading and unloading of passengers

from a monorail for which a franchise has been granted pursuant

to NRS 705.695 or an agreement has been entered into pursuant

to NRS 705.695; and

(b) Any facilities or appurtenances within such a structure.

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