REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)
S.B. 107
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SENATE BILL NO. 107–SENATOR DALY
FEBRUARY 8, 2023
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Referred to Committee on Growth and Infrastructure
SUMMARY—Establishes provisions relating to contractors
performing work on a highway. (BDR 35-537)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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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 highways; requiring the Department of
Transportation to establish a program to allow contractors
performing certain work on a highway to purchase and
obtain a permit for the use of certain law enforcement
vehicles; providing a fee; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, the Department of Transportation is required, with certain 1
exceptions, to contract for all work of construction, reconstruction, improvement 2
and maintenance of highways in this State. (NRS 408.327) Section 1 of this bill 3
requires the Department to establish a program to allow a contractor who has been 4
awarded a contract for work on a highway to purchase and obtain a permit for the 5
use of a law enforcement vehicle owned by the Nevada Highway Patrol that: (1) is 6
clearly marked as such; (2) is equipped with at least one flashing red warning lamp 7
and may be equipped with other warning lights; and (3) has been rendered 8
incapable of being driven. Section 1 also authorizes the Department to charge a fee 9
for the issuance of such a permit which may not exceed the actual cost of issuing 10
the permit. 11
Section 2 of this bill makes a conforming change to allow the holder of a 12
permit issued pursuant to section 1 to operate the warning lights on a law 13
enforcement vehicle while parked on a highway. 14
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 408 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. The Department shall establish a program wherein a 3
contractor that has been awarded a contract for the construction, 4
reconstruction, improvement, maintenance or repair of a highway 5
may purchase and obtain a permit for the use of a law 6
enforcement vehicle owned by the Nevada Highway Patrol that is: 7
(a) Plainly and clearly marked as a vehicle of the Nevada 8
Highway Patrol; 9
(b) Equipped with at least one flashing red warning lamp and 10
may be equipped with additional warning lights; and 11
(c) Rendered incapable of being driven. 12
2. The Department may: 13
(a) Charge a fee for the issuance of a permit pursuant to 14
subsection 1 which must not exceed the actual cost to the 15
Department for issuing the permit; and 16
(b) Adopt regulations to carry out the program established 17
pursuant to this section. 18
3. A contractor who is issued a permit pursuant to subsection 19
1 and purchases a law enforcement vehicle described in 20
subsection 1 may: 21
(a) Tow the vehicle to and from the area where the work on 22
the highway is being performed; and 23
(b) Operate the flashing red warning lamp or other warning 24
lights while the vehicle is parked in the area in which work on the 25
highway is being performed. 26
4. The use of a law enforcement vehicle pursuant to a permit 27
issued pursuant to this section, including, without limitation, the 28
operation of the flashing red warning lamp or other warning 29
lights shall not be considered the false impersonation of a police 30
officer. 31
Sec. 2. NRS 484A.480 is hereby amended to read as follows: 32
484A.480 1. Except as otherwise provided in NRS 33
484A.490, authorized emergency vehicles are vehicles publicly 34
owned and operated in the performance of the duty of: 35
(a) A police or fire department. 36
(b) A sheriff’s office. 37
(c) The Department of Public Safety, for vehicles that are: 38
(1) Operated in the performance of the duty of the Capitol 39
Police Division, the Investigation Division, the Nevada Highway 40
Patrol Division, the State Fire Marshal Division, the Training 41
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Division and the Office of the Director of the Department of Public 1
Safety; or 2
(2) Designated an authorized emergency vehicle by the 3
Director of the Department of Public Safety. 4
(d) The Office of the Attorney General. 5
(e) The Division of Forestry of the State Department of 6
Conservation and Natural Resources in responding to a fire. 7
(f) The Section for the Control of Emissions From Vehicles and 8
the Enforcement of Matters Related to the Use of Special Fuel in the 9
Department of Motor Vehicles. 10
(g) A public ambulance agency. 11
(h) A public lifeguard or lifesaving agency. 12
2. A vehicle publicly maintained in whole or in part by the 13
State, or by a city or county, and privately owned and operated by a 14
regularly salaried member of a police department, sheriff’s office or 15
traffic law enforcement department, is an authorized emergency 16
vehicle if: 17
(a) The vehicle has a permit, pursuant to NRS 484A.490, from 18
the Department of Public Safety; 19
(b) The person operates the vehicle in responding to emergency 20
calls or fire alarms, or at the request of the Nevada Highway Patrol 21
or in the pursuit of actual or suspected violators of the law; and 22
(c) The State, county or city does not furnish a publicly owned 23
vehicle for the purposes stated in paragraph (b). 24
3. Every authorized emergency vehicle must be equipped with 25
at least one flashing red warning lamp visible from the front and a 26
siren for use as provided in chapters 484A to 484E, inclusive, of 27
NRS, which lamp and siren must be in compliance with standards 28
approved by the Department of Public Safety. In addition, an 29
authorized emergency vehicle may display revolving, flashing or 30
steady red or blue warning lights to the front, sides or rear of the 31
vehicle. 32
4. An authorized emergency vehicle may be equipped with a 33
system or device that causes the upper-beam headlamps of the 34
vehicle to continue to flash alternately while the system or device is 35
activated. The driver of a vehicle that is so equipped may use the 36
system or device when responding to an emergency call or fire 37
alarm, while escorting a funeral procession, or when in pursuit of an 38
actual or suspected violator of the law. As used in this subsection, 39
“upper-beam headlamp” means a headlamp or that part of a 40
headlamp which projects a distribution of light or composite beam 41
meeting the requirements of subsection 1 of NRS 484D.210. 42
5. Except as otherwise provided in subsection 4, a person shall 43
not operate a motor vehicle with any system or device that causes 44
the headlamps of the vehicle to continue to flash alternately or 45
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simultaneously while the system or device is activated. This 1
subsection does not prohibit the operation of a motorcycle equipped 2
with any system or device that modulates the intensity of light 3
produced by the headlamp of the motorcycle, if the system or device 4
is used only during daylight hours and conforms to the requirements 5
of 49 C.F.R. § 571.108. 6
6. A person shall not operate a vehicle with any lamp or device 7
displaying a red light visible from directly in front of the center of 8
the vehicle except an authorized emergency vehicle, a school bus , 9
[or] an official vehicle of a regulatory agency [.] or a vehicle 10
operated pursuant to section 1 of this act. 11
7. A person shall not operate a vehicle with any lamp or device 12
displaying a blue light, except a motorcycle pursuant to NRS 13
486.261 , [or] an authorized emergency vehicle [.] or a vehicle 14
operated pursuant to section 1 of this act. 15
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