(Reprinted with amendments adopted on April 18, 2023)
FIRST REPRINT 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 obtain a permit
for the use of certain law enforcement vehicles; 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 obtain a permit for the use of a law 5
enforcement vehicle owned by the Nevada Highway Patrol that: (1) is clearly 6
marked as such; (2) is equipped with at least one flashing red warning lamp and 7
may be equipped with other warning lights; and (3) has been rendered incapable of 8
being driven. Section 1 also provides that a contractor may only use: (1) the 9
flashing red warning lamp or other warning lamps if construction workers are 10
present; and (2) the law enforcement vehicle if the contractor has requested the 11
presence of an authorized emergency vehicle operated by a Nevada Highway Patrol 12
Officer and neither an officer nor an authorized emergency vehicle could be made 13
available in the area where the work is being performed. 14
Under existing law, certain state and local agencies are authorized to obtain 15
permits from the Department of Public Safety to own and operate emergency 16
vehicles in the performance of their duties. (NRS 484A.480) Section 2 of this bill 17
authorizes the issuance of such a permit for a vehicle owned and operated by the 18
office of a coroner or medical examiner. 19
Section 2 also makes a conforming change to allow the holder of a permit 20
issued pursuant to section 1 to operate the warning lights on a law enforcement 21
vehicle while parked on a highway. 22
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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 obtain a permit for the use of a law enforcement vehicle 6
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 adopt regulations to carry out the 13
program established pursuant to this section. 14
3. Except as provided by subsection 5, a contractor who is 15
issued a permit pursuant to subsection 1 for a law enforcement 16
vehicle described in subsection 1 may: 17
(a) Tow the vehicle to and from the area where the work on 18
the highway is being performed; and 19
(b) Operate the flashing red warning lamp or other warning 20
lights while the vehicle is parked in the area in which work on the 21
highway is being performed only if construction workers are 22
present. 23
4. The use of a law enforcement vehicle pursuant to a permit 24
issued pursuant to this section, including, without limitation, the 25
operation of the flashing red warning lamp or other warning 26
lights, shall not be considered the false impersonation of a police 27
officer. 28
5. A contractor may only use the law enforcement vehicle 29
pursuant to subsection 3 if the contractor has requested the 30
presence of an authorized emergency vehicle operated by a peace 31
officer employed by the Nevada Highway Patrol and neither an 32
officer nor an authorized emergency vehicle could be made 33
available in the area where the work on the highway is being 34
performed. 35
Sec. 2. NRS 484A.480 is hereby amended to read as follows: 36
484A.480 1. Except as otherwise provided in NRS 37
484A.490, authorized emergency vehicles are vehicles publicly 38
owned and operated in the performance of the duty of: 39
(a) A police or fire department. 40
(b) A sheriff’s office. 41
(c) The Department of Public Safety, for vehicles that are: 42
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(1) Operated in the performance of the duty of the Capitol 1
Police Division, the Investigation Division, the Nevada Highway 2
Patrol Division, the State Fire Marshal Division, the Training 3
Division and the Office of the Director of the Department of Public 4
Safety; or 5
(2) Designated an authorized emergency vehicle by the 6
Director of the Department of Public Safety. 7
(d) The Office of the Attorney General. 8
(e) The Division of Forestry of the State Department of 9
Conservation and Natural Resources in responding to a fire. 10
(f) The Section for the Control of Emissions From Vehicles and 11
the Enforcement of Matters Related to the Use of Special Fuel in the 12
Department of Motor Vehicles. 13
(g) A public ambulance agency. 14
(h) A public lifeguard or lifesaving agency. 15
(i) The office of a coroner or medical examiner. 16
2. A vehicle publicly maintained in whole or in part by the 17
State, or by a city or county, and privately owned and operated by a 18
regularly salaried member of a police department, sheriff’s office or 19
traffic law enforcement department, is an authorized emergency 20
vehicle if: 21
(a) The vehicle has a permit, pursuant to NRS 484A.490, from 22
the Department of Public Safety; 23
(b) The person operates the vehicle in responding to emergency 24
calls or fire alarms, or at the request of the Nevada Highway Patrol 25
or in the pursuit of actual or suspected violators of the law; and 26
(c) The State, county or city does not furnish a publicly owned 27
vehicle for the purposes stated in paragraph (b). 28
3. Every authorized emergency vehicle must be equipped with 29
at least one flashing red warning lamp visible from the front and a 30
siren for use as provided in chapters 484A to 484E, inclusive, of 31
NRS, which lamp and siren must be in compliance with standards 32
approved by the Department of Public Safety. In addition, an 33
authorized emergency vehicle may display revolving, flashing or 34
steady red or blue warning lights to the front, sides or rear of the 35
vehicle. 36
4. An authorized emergency vehicle may be equipped with a 37
system or device that causes the upper-beam headlamps of the 38
vehicle to continue to flash alternately while the system or device is 39
activated. The driver of a vehicle that is so equipped may use the 40
system or device when responding to an emergency call or fire 41
alarm, while escorting a funeral procession, or when in pursuit of an 42
actual or suspected violator of the law. As used in this subsection, 43
“upper-beam headlamp” means a headlamp or that part of a 44
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headlamp which projects a distribution of light or composite beam 1
meeting the requirements of subsection 1 of NRS 484D.210. 2
5. Except as otherwise provided in subsection 4, a person shall 3
not operate a motor vehicle with any system or device that causes 4
the headlamps of the vehicle to continue to flash alternately or 5
simultaneously while the system or device is activated. This 6
subsection does not prohibit the operation of a motorcycle equipped 7
with any system or device that modulates the intensity of light 8
produced by the headlamp of the motorcycle, if the system or device 9
is used only during daylight hours and conforms to the requirements 10
of 49 C.F.R. § 571.108. 11
6. A person shall not operate a vehicle with any lamp or device 12
displaying a red light visible from directly in front of the center of 13
the vehicle except an authorized emergency vehicle, a school bus , 14
[or] an official vehicle of a regulatory agency [.] or a vehicle 15
operated pursuant to section 1 of this act. 16
7. A person shall not operate a vehicle with any lamp or device 17
displaying a blue light, except a motorcycle pursuant to NRS 18
486.261 , [or] an authorized emergency vehicle [.] or a vehicle 19
operated pursuant to section 1 of this act. 20
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