AB 402 — Creates a pilot program authorizing the installation and use of automated traffic enforcement systems in temporary traffic control zones. (BDR 43-184)

EXEMPT (Reprinted with amendments adopted on MayApril 29,21, 2025) SECONDFIRST REPRINT A.B.

(NRS 484A.600) Sections 2.1-2.7 of this bill provide an - *AB402_R2**AB402_R1* – 2 – of Transportation, a local authority and a regional transportation commission toent allow for the installation and use of an automated traffic enforcement system to enforce certain speed limits in temporary traffic control zones under certain circumstances.

Section 2.2 sets forth the conditions for the installation and use of an automated traffic enforcement system and for contracting for such installation and use and requires an entity which installs such a system to, among other things, carry out a public information campaign before commencing any enforcement.

Section 2.8 of this bill prohibits an employer from considering a civil infraction citation issued to an employee pursuant to section 2.3 for the purpose of progressive discipline against such an employee.

(1) exclude traffic violations detected by an automated traffic enforcement system from the citationsassessment for violations detected by an automated traffic enforcement system.ction Section 5 of thisdemerit billpoints; also extends the time to respond to such a citation to 120 days.

Existingand law(2) providesprovide thatfor before a hearing to contest the determinationissuance thatof a person has committed a civil infraction,infraction thecitations personfor isviolations requireddetected toby postan aautomated bondtraffic equalenforcement tosystem. the amount of the full payment of the monetary penalty, the administrative assessment and any fees specified in the civil infraction citation.

Section 5 of this bill also extends the time to respond to such a citation to 120 days.

person has committed a civil infraction, the person is required to post a bond equal to the amount of the full payment of the monetary penalty, the administrative assessment and any fees specified in the civil infraction citation.

- *AB402_R2**AB402_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Chapter 484A of NRS is hereby amended by adding thereto the provisions set forth as sections 2.1 to 2.8,2.7, inclusive, of this act.

As used in sections 2.1 to 2.8,2.7, inclusive, of this act, unless the context otherwise requires, “automated traffic enforcement system” means a manned or unmanned stationary electronic or digital system which creates a photograph or other - *AB402_R2**AB402_R1* – 4 – recorded image of a vehicle and vehicle license plate which is used as evidence of a violation of a traffic law by the driver of the vehicle.

The Department of Transportation, a local authority and a regional transportation commission as defined in NRS 482.1825 may, except as otherwise provided in subsection 4,3, authorize the installation and use of an automated traffic enforcement system to enforce any rate of speed which is 10 miles per hour or more over the posted speed limit:

The Department, a local authority or a regional transportation commission as defined in NRS 482.1825 shall solicit bids for a contract for the installation and use of an automated traffic enforcement system pursuant to the provisions of chapter 332 or 333 of NRS.

The contract must require the number of citations issued during the use of the automated traffic enforcement system in a temporary traffic control zone to be tracked and reported to the Department, local authority or regional transportation commission, as applicable.

4.

- *AB402_R2* – 5 – Sec.

If after reviewing the evidence described in subsection 1, the peace officer determines that a violation described in section 2.2 of this act occurred, the peace officer shall cause a civil - *AB402_R1* – 5 – infraction citation to be issued pursuant to NRS 484A.7035.

- *AB402_R2* – 6 – (a) Must only be stored and disseminated by the traffic enforcement agency that issued the civil infraction citation pursuant to NRS 484A.7035 for a violation described in section 2.2 of this act;

Any entity that manufactures, maintains, produces or provides an automated traffic enforcement system or related services for sale or lease to this State or any political subdivision of this State shall not contract to receive payment on the basis of - *AB402_R1* – 6 – the number of civil infraction citations issued pursuant to NRS 484A.7035 for a violation described in section 2.2 of this act.

The provisions of sections 2.1 to 2.8,2.7, inclusive, of this act do not prohibit a peace officer from issuing a citation for a violation of any law of this State at the place where an automated traffic enforcement system is installed and in use if the peace officer witnesses a violation.

A person who is issued a citation by a peace officer pursuant to this sectionsubsection must not be issued a civil infraction citation based on evidence from the automated traffic enforcement system for the same violation for which the peace officer issued the person the citation.

Any money collected as a civil penalty pursuant to subsection 1 must be accounted for separately in the county or city treasury or State HighwayGeneral Fund, as applicable, must be credited to the Department of Transportation, local authority or regional transportation commission as defined in NRS 482.1825, as applicable, and the traffic enforcement agency with jurisdiction over the location of the automated traffic enforcement system and must be used to defray the cost of installing and operating the automated traffic enforcement system, including, without limitation, the costs of administering the provisions of sections 2.1 to 2.8,2.7 inclusive, of this act.

Each local authority and regional transportation commission as defined in NRS 482.1825 that authorizes the installation and use of an automated traffic enforcement system pursuant to sections 2.1 to 2.8,2.7, inclusive, of - *AB402_R2* – 7 – this act, shall prepare and file a report annually with the Department of Transportation that includes, without limitation, the following information relating to the immediately preceding year:

and (c) The frequency of repeat violations in temporary traffic control zones;zones.

and (d) The number of citations issued during the use of an automated traffic enforcement system in each temporary traffic control zone.

If the Department authorizes the installation and use of an automated traffic enforcement system pursuant to sections 2.1 to 2.8,2.7, inclusive, of this act, the Department shall prepare a report - *AB402_R1* – 7 – annually that includes, without limitation, the following information relating to the previous year:

and (c) The frequency of repeat violations in temporary traffic control zones;zones.

and (d) The number of citations issued during the use of an automated traffic enforcement system in each temporary traffic control zone.

On or before JuneOctober 301 of each year, the Department shall compile any reports prepared pursuant to subsections 1 and 2 and submit the compilation to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Growth and Infrastructure.

2.8.

An employer may not consider a civil infraction citation issued pursuant to NRS 484A.7035 for a violation described in section 2.2 of this act for the purpose of progressive discipline against an employee.

Sec.

484A.600 [A] Except as otherwise provided in sections 2.1 to 2.7, inclusive, of this act, a governmental entity and any agent thereof shall not use photographic, video or digital equipment for gathering evidence to be used for the issuance of a traffic citation or civil infraction citation pursuant to NRS 484A.7035 for a violation of chapters 484A to 484E, inclusive, of NRS unless the equipment is a portable camera or event recording device worn or held by a peace officer, the equipment is otherwise installed temporarily or - *AB402_R2* – 8 – permanently within a vehicle or facility of a law enforcement agency or the equipment is privately owned by a nongovernmental entity.

If the information received from the agency indicates that the driver’s name is on an outstanding warrant for a prior offense, the officer shall not arrest the driver for that prior offense unless the additional - *AB402_R1* – 8 – information used for comparison also connects the driver with that prior offense.

If a person receiving a civil infraction citation wishes to contest the determination that the person has committed the civil - *AB402_R2* – 9 – infraction set forth in the citation, the person must respond by requesting in person, by mail or through the Internet or other electronic means a hearing for that purpose.

If the person does not respond to the civil infraction citation in the manner specified by subsection 2 or 3 within 90 or 120 calendar days , as applicable under subsection 1, after the date on which the civil infraction citation is issued, the court must enter an order pursuant to NRS 484A.7043 finding that the person committed the civil infraction and assessing the monetary penalty and administrative assessments - *AB402_R1* – 9 – prescribed for the civil infraction.

- *AB402_R2* – 10 – Sec.

The person who requested the hearing may, at his or her expense, be represented by counsel, and a city attorney or district - *AB402_R1* – 10 – attorney, in his or her discretion and as applicable, may represent the plaintiff.

If it has not been established by a preponderance of the evidence that the infraction - *AB402_R2* – 11 – was committed by the person named in the citation, the court must enter an order dismissing the civil infraction citation in the court’s records.

(b) If the appellant is the person charged with the civil infraction, any bond required to be given by the appellant in order to secure a stay of execution of the order of the court during the pendency of the appeal must equal the amount of the monetary penalty and administrative assessments which the court has ordered the appellant to pay pursuant to NRS 484A.7043.