SB 395 — Revises provisions relating to public safety. (BDR 43-822)

(ReprintedSenate withBill amendmentsNo. adopted on May 22, 2019) SECOND REPRINT S.B.

395395–Senator SENATEDenis BILLCHAPTER.......... N O.

395–S ENATOR D ENIS M ARCH 20, 2019 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to public safety.

(BDR 43-822) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law designates certain vehicles as authorized emergency vehicles, including those vehicles publicly owned and operated in the performance of the duty of various law enforcement agencies, fire departments and other enforcement authorizedor emergencylifesaving vehiclesagencies. any vehicle owned and operated by the Department of of Public Safety that has been so designated by the Director of the Department.

Under(NRS existing484A.480) law,Section a1 towof carthis usedbill adds to towthe disabledlist of authorized emergency vehicles isany requiredvehicle toowned beand equippedoperated withby flashingthe amberDepartment warningof lightsPublic whichSafety mustthat behas displayedbeen toso warndesignated approachingby driversthe underDirector certainof circumstances.the Department.

(NRSUnder 484D.475)existing Thelaw, drivera oftow acar used to tow disabled vehicles is required to be equipped with flashing amber warning lights which must be displayed to warn vehicle approaching any traffic incident where such flashing amber warning lights are being displayed must take certain precautions for the purposes of traffic safety.

(NRS 484B.748) Section 2.5 of this bill similarly authorizes certain vehicles owned -by *SB395_R2*persons –who 2contract –with the Department of Transportation to aid motorists or mitigate traffic incidents to be equipped with rear facing lamps that emitistsemit or nonflashing blue light.

Section 1.5 of this bill adds the display of nonflashing blue lightstake tocertain theprecautions.es circumstances under which a driver approaching a traffic incident must takeExisting certainlaw precautions.requires the owner or person in lawful possession of any real property to orally notify local law enforcement if the owner or person in lawful possession has directed the towing of a vehicle from the property without the consent of the owner of the vehicle.

Existing law requires the owner or person in lawful possession of any real property to orally notify local law enforcement if the owner or person in lawful consent of the owner of the vehicle.

Section 4 further theprovides propertythat, agreeif that the vehicletow isoperator likelyand tothe beowner ultimatelyor disposedperson ofin aslawful anofpossession abandonedof vehiclethe andproperty agree that the estimatedvehicle dispositionis valuelikely ofto thebe vehicleultimately todisposed beof as an towed is less than the estimated cost for towing, storage and disposition of the vehicle, the tow operator and owner or person in lawful possession may enter into 80th Session (2019) – 2 – an agreement whereby the owner or person in lawful possession makes a voluntary payment to the tow operator.

Such a payment does not reduce the amount of the conditioncosts forincurred thethat towingare ofto thebe vehicle.heborne by the owner of the vehicle, and may not be a THEcondition PEOPLEfor OFthe THEtowing STATEof OFthe NEVADA,vehicle. REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

SectionEXPLANATION 1.– Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

- *SB395_R2* – 3 – 2.

80th Session (2019) – 3 – 3.

An authorized emergency vehicle may be equipped with a system or device that causes the upper-beam headlamps of the vehicle to continue to flash alternately while the system or device is systemactivated. or device when responding to an emergency call or firee the alarm, while escorting a funeral procession, or when in pursuit of an “upper-beam headlamp” means a headlamp or that part of a subsection, headlamp which projects a distribution of light or composite beam meeting the requirements of subsection 1 of NRS 484D.210.

The driver of a vehicle that is so equipped may use the system or device when responding to an emergency call or fire alarm, while escorting a funeral procession, or when in pursuit of an actual or suspected violator of the law.

As used in this subsection, “upper-beam headlamp” means a headlamp or that part of a headlamp which projects a distribution of light or composite beam meeting the requirements of subsection 1 of NRS 484D.210.

- *SB395_R2* – 4 – 7.

(a) Decrease the speed of the vehicle to a speed that is reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600;

and 80th Session (2019) – 4 – (d) If possible, drive in a lane that is not adjacent to the lane or lanes where the traffic incident is located unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.

(a) An authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480;

meeting the requirements of (b) A tow car which is stopped and is making use of flashing amber warning lights meeting the requirements of NRS 484B.748 [;] or lamps that emit nonflashing blue light meeting the.748the requirements of NRS 484D.475, or both;

- *SB395_R2* – 5 – [(e)] (f) An authorized vehicle of a local governmental agency which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185;

or 80th Session (2019) – 5 – [(j)] (k) A person who is out of his or her vehicle attending to a repair of the vehicle.

Any flashing amber warning light or lamps that emit nonflashing blue light used pursuant to this section must comply witSec.with the standards approved by the Department.

Sec.

of484D.200 Transportation1. for the construction, maintenance or repair of highways or a vehicle owned by a person who contracts with the Department to aid motorists or mitigate traffic incidents may be equipped with lamps located toward the rear of the vehicle that emit nonflashing blue light which may be used:

An authorized vehicle used by the Department of Transportation for the construction, maintenance or repair of highways or a vehicle owned by a person who contracts with the Department to aid motorists or mitigate traffic incidents may be equipped with lamps located toward the rear of the vehicle that emit nonflashing blue light which may be used:

and - *SB395_R2* – 6 – (c) For a vehicle owned by a person who contracts with the Department to aid motorists or mitigate traffic incidents, at a time when the vehicles or the workers who are performing the aid or mitigation are present.

80th Session (2019) – 6 – Sec.

Lamps that emit nonflashing blue light to the rear of the tow car may only be displayed when the tow car is at the scene of a traffic hazard or during the period of preparation at the location from which a towdisabled carvehicle is beingto operatedbe ontowed, aand highway.stmust not be displayed when the Sec.tow car is being operated on a highway.