Senate Bill No. 356–Committee on Transportation

 

March 17, 2003

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Referred to Committee on Transportation

 

SUMMARY—Revises penalty for certain violations concerning vehicles with loads on highways. (BDR 43‑1049)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to traffic laws; revising the penalty for certain violations concerning vehicles with loads on highways; authorizing local authorities to impose different penalties for corresponding violations; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 484.771 is hereby amended to read as follows:

1-2  484.771  1.  No vehicle [shall] with a load may be driven or

1-3  moved on any highway unless [such] the vehicle is [so] constructed

1-4  or loaded so as to prevent any of its load from dropping, sifting,

1-5  leaking or otherwise escaping [therefrom,] from the vehicle, except

1-6  that sand may be dropped for the purpose of securing traction, or

1-7  water or any other substance may be sprinkled on a roadway in

1-8  cleaning or maintaining [such] the roadway.

1-9  2.  [No] A person shall not operate on [any] a highway any

1-10  vehicle with [any] a load unless the load and any covering thereon is

1-11  securely fastened so as to prevent the covering or load from

1-12  becoming loose, detached or in any manner a hazard to other users

1-13  of the highway.

1-14      3.  A person who violates this section is guilty of a

1-15  misdemeanor and, except as otherwise provided in subsection 4,

1-16  shall be punished:

1-17      (a) As provided in NRS 193.150; or

2-1  (b) If the violation does not cause any personal injury or

2-2  damage to property, by a fine of not more than $100.

2-3  4.  The provisions of subsection 3 do not prohibit a local

2-4  authority from enacting by ordinance a traffic regulation that:

2-5  (a) Covers the same subject matter as this section; and

2-6  (b) Imposes upon a person for any violation of such a traffic

2-7  regulation a penalty which is not greater than the fullest penalty

2-8  that may be imposed for conviction of a misdemeanor pursuant to

2-9  NRS 193.150.

 

2-10  H