AB83_R1

Assembly Bill No. 83–Committee on Transportation

CHAPTER..........

AN ACT relating to motor vehicles; prohibiting the use of certain devices for braking in certain circumstances; requiring that regulations adopted by the Department of Transportation concerning combinations of vehicles in excess of 70 feet in length be consistent with certain federal requirements; eliminating the limitation on the maximum fee which may be charged for a permit for a combination of vehicles in excess of 80,000 pounds; repealing certain provisions relating to alternative limitations on the weight of a trailer or semitrailer; providing a penalty; 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 driver of a vehicle which is equipped with a device for braking that uses the compression of the engine of the vehicle shall not use the device at any time unless:

(a) The device is equipped with an operational muffler; or

(b) The driver reasonably believes that an emergency requires the use of the device to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of damage to property.

2. A person who violates the provisions of this section is guilty of a misdemeanor.

Sec. 2. NRS 484.739 is hereby amended to read as follows:

484.739 1. Except as otherwise provided in subsection 2, the

length of a bus may not exceed 45 feet and the length of a

motortruck may not exceed 40 feet.

2. A passenger bus which has three or more axles and two

sections joined together by an articulated joint with a trailer which is

equipped with a mechanically steered rear axle may not exceed a

length of 65 feet.

3. Except as otherwise provided in subsections 4, 7 and 9, no

combination of vehicles, including any attachments thereto coupled

together, may exceed a length of 70 feet.

4. The Department of Transportation, by regulation, shall

provide for the operation of combinations of vehicles in excess of 70

feet in length . [, but in no event exceeding 105 feet.] The

regulations must establish standards for the operation of such

vehicles which must be consistent with their safe operation upon the

public highways and with the provisions of 23 C.F.R. § 658.23.

Such standards must include:

(a) Types and number of vehicles to be permitted in

combination;

(b) Horsepower of a motortruck;

(d) Braking ability; and

(e)Driver qualifications.

The operation of such vehicles is not permitted on highways where,

in the opinion of the Department of Transportation, their use would

be inconsistent with the public safety because of a narrow roadway,

excessive grades, extreme curvature or vehicular congestion.

5. Combinations of vehicles operated under the provisions of

subsection 4 may, after obtaining a special permit issued at the

discretion of, and in accordance with procedures established by, the

Department of Transportation, carry loads not to exceed the values

set forth in the following formula: W=500 [LN/(N-1) + 12N + 36],

wherein:

(a) W equals the maximum load in pounds carried on any group

of two or more consecutive axles;

(b) L equals the distance in feet between the extremes of any

group of two or more consecutive axles; and

consideration.

The distance between axles must be measured to the nearest foot. If

a fraction is exactly one-half foot, the next largest whole number

must be used. The permits may be restricted in such manner as the

Department of Transportation considers necessary and may, at the

option of the Department, be canceled without notice. No such

permits may be issued for operation on any highway where that

operation would prevent this state from receiving federal money for

highway purposes.

6. Upon approving an application for a permit to operate

combinations of vehicles pursuant to subsection 5, the Department

of Transportation shall withhold issuance of the permit until the

applicant has furnished proof of compliance with the provisions of

NRS 706.531.

7. The load upon any motor vehicle operated alone, or the load

upon any combination of vehicles, must not extend beyond the front

or the rear of the vehicle or combination of vehicles for a distance of

more than 10 feet, or a total of 10 feet both to the front or the rear,

and a combination of vehicles and load thereon may not exceed a

total of 75 feet without having secured a permit pursuant to

subsection 4 or NRS 484.737. The provisions of this subsection do

not apply to the booms or masts of shovels, cranes or water well

drilling and servicing equipment carried upon a vehicle if:

(a) The booms or masts do not extend by a distance greater than

two-thirds of the wheelbase beyond the front tires of the vehicle.

(b) The projecting structure or attachments thereto are securely

held in place to prevent dropping or swaying.

is less than 7 feet from the roadway.

(d) The driver’s vision is not impaired by the projecting or

supporting structure.

8. Lights and other warning devices which are required to be

mounted on a vehicle pursuant to this chapter must not be included

in determining the length of a vehicle or combination of vehicles

and the load thereon.

9. This section does not apply to:

(a) Vehicles used by a public utility for the transportation of

poles;

(b) A combination of vehicles consisting of a truck-tractor

drawing a semitrailer that does not exceed 53 feet in length;

drawing a semitrailer and a trailer, neither of which exceeds 28 1/2

feet in length; or

(d) A combination of vehicles consisting of a truck-tractor

drawing no more than three saddle-mounted vehicles and one full-

mounted vehicle that does not exceed 75 feet in length.

10. As used in this section:

(a) “Full-mounted vehicle” means a smaller vehicle mounted

completely on the frame of a saddle-mounted vehicle.

(b) “Saddle-mounted vehicle” means a vehicle forming part of a

combination of vehicles used in a driveaway-towaway operation

that is connected by a saddle mount to the frame or fifth-wheel

coupling of the vehicle in front of it.

Sec. 3. NRS 484.745 is hereby amended to read as follows:

484.745 1. Except as otherwise provided in NRS [484.746,]

484.748 and 484.7485, a vehicle may be operated or moved upon

any public highway if:

(a) The maximum weight on any single axle does not exceed

20,000 pounds.

(b) The maximum weight on any tandem axle does not exceed

34,000 pounds.

overall gross weight on any group of two or more consecutive axles

does not exceed the values set forth in the following formula:

W=500 [LN/(N‑1) + 12N + 36] wherein:

(1) W equals the maximum load in pounds carried on any

group of two or more consecutive axles;

(2) L equals the distance in feet between the extremes of any

group of two or more consecutive axles; and

(3) N equals the number of axles in the group under

consideration.

2. Two consecutive sets of tandem axles may carry a gross load

of 34,000 pounds each if the distance between the first and last axles

of the consecutive sets of axles is 36 feet or more.

Sec. 4. NRS 484.752 is hereby amended to read as follows:

484.752 1. The provisions of NRS 484.745 [and 484.746,] do

not apply to any highway which is a part of the Federal-Aid Primary

System, Federal-Aid Urban System, Federal-Aid Secondary System

or Interstate System if their application would prevent this state

from receiving any federal funds for highway purposes under

section 127 of Title 23, U.S.C.

2. The Department of Transportation, with respect to highways

under its jurisdiction, and the governing bodies of cities and

counties, with respect to roads and streets under their jurisdiction,

after determining that use by vehicles otherwise conforming with

the maximum weight limits prescribed in NRS 484.745 [or 484.746]

is likely to cause substantial stress to any highway, road, street , or

portion or structure thereof, may, by proper notice, fix a reduced

maximum weight limit for vehicles which may pass over any such

highway, road, street , or portion or structure thereof.

Sec. 5. NRS 706.531 is hereby amended to read as follows:

706.531 1. The Department of Transportation shall approve

an application for a permit pursuant to the provisions of subsection 5

of NRS 484.739.The permit must be carried and displayed in such a

manner as the Department determines on every combination so

operating. The permit issued may be transferred from one

combination to another, under such conditions as the Department

may by regulation prescribe, but must not be transferred from one

person or operator to another without prior approval of the

Department. The permit may be used only on motor vehicles

regularly licensed pursuant to the provisions of NRS 482.482.

2. The annual fee for each permit for a combination of vehicles

is $60 for each 1,000 pounds or fraction thereof of gross weight in

excess of 80,000 pounds. [The maximum fee must not exceed

$2,940.] The fee must be reduced one-twelfth for each month that

has elapsed since the beginning of each calendar year, rounded to

the nearest dollar, but must not be less than $50. The annual fee for

each permit for a combination of vehicles not exceeding 80,000

pounds is $10. The fee must be paid in addition to all other fees

required by the provisions of this chapter.

3. Any person operating a combination of vehicles licensed

pursuant to the provisions of subsection 2[,] who is apprehended

operating a combination in excess of the gross weight for which the

fee in subsection 2 has been paid is, in addition to all other penalties

provided by law, liable for the difference between the fee for the

load being carried and the fee paid, for the full licensing period.

4. Any person apprehended operating a combination of

vehicles without having complied with the provisions of NRS

484.739 and this section is, in addition to all other penalties

provided by law, liable for the payment of the fee which would be

due pursuant to the provisions of subsection 2 for the balance of the

calendar year for the gross load being carried at the time of

apprehension.

5. The holder of an original permit may, upon surrendering the

permit to the Department or upon delivering to the Department a

signed and notarized statement that the permit was lost or stolen and

such other documentation as the Department may require, apply to

the Department:

(a) For a refund of an amount equal to that portion of the fees

paid for the permit that is attributable, on a pro rata monthly basis,

to the remainder of the calendar year; or

(b) To have that amount credited against excise taxes due

pursuant to the provisions of chapter 366 of NRS.

Sec. 6. NRS 484.746 is hereby repealed.

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