(Reprinted with amendments adopted on April 19, 2023)
FIRST REPRINT S.B. 296
- *SB296_R1*
SENATE BILL NO. 296–SENATORS D. HARRIS, SPEARMAN,
DONATE, OHRENSCHALL; HANSEN AND NEAL
MARCH 16, 2023
____________
JOINT SPONSORS: ASSEMBLYMEN GONZÁLEZ; BROWN-MAY,
PETERS, SUMMERS-ARMSTRONG AND WATTS
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions related to traffic stops.
(BDR 43-196)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to traffic stops; prohibiting a peace officer from
issuing a citation for certain violations relating to motor
vehicles, unless the violation is discovered when the
vehicle is halted or its driver is arrested for another
alleged violation or offense; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits a peace officer from issuing a citation for certain 1
violations relating to motor vehicles unless the violation is discovered: (1) when the 2
vehicle is halted; or (2) the driver is arrested for another alleged violation or 3
offense. (NRS 482.385, 483.2525, 484B.907, 484D.495, 484D.500) Sections 9.1-4
9.9 of this bill prohibit a peace officer from issuing a citation for certain violations 5
relating to registration, license plates, permits for unregistered vehicles and 6
equipment, unless the violation is discovered when the vehicle is halted or its driver 7
is arrested for another alleged violation or offense. 8
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
Sec. 2. (Deleted by amendment.) 2
– 2 –
- *SB296_R1*
Sec. 3. (Deleted by amendment.) 1
Sec. 4. (Deleted by amendment.) 2
Sec. 5. (Deleted by amendment.) 3
Sec. 6. (Deleted by amendment.) 4
Sec. 7. (Deleted by amendment.) 5
Sec. 8. (Deleted by amendment.) 6
Sec. 9. (Deleted by amendment.) 7
Sec. 9.1. NRS 482.205 is hereby amended to read as follows: 8
482.205 1. Except as otherwise provided in this chapter and 9
NRS 706.188, every owner of a motor vehicle, trailer or semitrailer 10
intended to be operated upon any highway in this State shall, before 11
the motor vehicle, trailer or semitrailer can be operated, apply to the 12
Department or a registered dealer for and obtain the registration 13
thereof. 14
2. Except as otherwise provided in subsection 3, a citation 15
may be issued for a violation of subsection 1 only if the violation is 16
discovered when the vehicle is halted or its driver is arrested for 17
another alleged violation or offense. 18
3. The provisions of subsection 2 do not apply if the 19
registration of the motor vehicle, trailer or semitrailer has been 20
expired for more than 60 days. 21
Sec. 9.3. NRS 482.275 is hereby amended to read as follows: 22
482.275 1. The license plates for a motor vehicle other than a 23
motorcycle, moped or motor vehicle being transported by a licensed 24
vehicle transporter must be attached thereto, one in the rear and, 25
except as otherwise provided in subsection 2, one in the front. The 26
license plate issued for all other vehicles required to be registered 27
must be attached to the rear of the vehicle. The license plates must 28
be so displayed during the current calendar year or registration 29
period. 30
2. If the motor vehicle was not manufactured to include a 31
bracket, device or other contrivance to display and secure a front 32
license plate, and if the manufacturer of the motor vehicle provided 33
no other means or method by which a front license plate may be 34
displayed upon and secured to the motor vehicle: 35
(a) One license plate must be attached to the motor vehicle in 36
the rear; and 37
(b) The other license plate may, at the option of the owner of the 38
vehicle, be attached to the motor vehicle in the front. 39
3. The provisions of subsection 2 do not relieve the 40
Department of the duty to issue a set of two license plates as 41
otherwise required pursuant to NRS 482.265 or other applicable law 42
and do not entitle the owner of a motor vehicle to pay a reduced tax 43
or fee in connection with the registration or transfer of the motor 44
vehicle. If the owner of a motor vehicle, in accordance with the 45
– 3 –
- *SB296_R1*
provisions of subsection 2, exercises the option to attach a license 1
plate only to the rear of the motor vehicle, the owner shall: 2
(a) Retain the other license plate; and 3
(b) Insofar as it may be practicable, return or surrender both 4
plates to the Department as a set when required by law to do so. 5
4. Every license plate must at all times be securely fastened to 6
the vehicle to which it is assigned so as to prevent the plate from 7
swinging and at a height not less than 12 inches from the ground, 8
measuring from the bottom of such plate, in a place and position to 9
be clearly visible, and must be maintained free from foreign 10
materials and in a condition to be clearly legible. 11
5. Any license plate which is issued to a vehicle transporter or 12
a dealer, rebuilder or manufacturer may be attached to a vehicle 13
owned or controlled by that person by a secure means. No license 14
plate may be displayed loosely in the window or by any other 15
unsecured method in any motor vehicle. 16
6. Except as otherwise provided in subsection 7, a citation 17
may be issued for a violation of this section only if the violation is 18
discovered while the vehicle is halted or its driver is arrested for 19
another alleged violation or offense. 20
7. The provisions of subsection 6 do not apply if no license 21
plate is attached to the rear of the motor vehicle. 22
Sec. 9.4. NRS 482.396 is hereby amended to read as follows: 23
482.396 1. A person who is not a dealer, manufacturer or 24
rebuilder may apply to the Department for a permit to operate a 25
vehicle which: 26
(a) Is not subject to the provisions of NRS 482.390, 482.395 and 27
706.801 to 706.861, inclusive; and 28
(b) Is not currently registered in this State, another state or a 29
foreign country, or has been purchased by the applicant from a 30
person who is not a dealer. 31
2. The Department shall adopt regulations imposing a fee for 32
the issuance of the permit. 33
3. Each permit must: 34
(a) Bear the date of expiration in numerals of sufficient size to 35
be plainly readable from a reasonable distance during daylight; 36
(b) Expire at 5 p.m. not more than 60 days after its date of 37
issuance; 38
(c) Be affixed to the vehicle in the manner prescribed by the 39
Department; and 40
(d) Be removed and destroyed upon its expiration or the 41
issuance of a new permit or a certificate of registration for the 42
vehicle, whichever occurs first. 43
4. The Department may authorize the issuance of more than 44
one permit for the vehicle to be operated by the applicant. 45
– 4 –
- *SB296_R1*
5. A person who is not a dealer, manufacturer or rebuilder who 1
purchased a vehicle described in subsection 1 may move the vehicle 2
without being issued a permit pursuant to this section for 3 days 3
after the date of purchase if the person carries in the vehicle: 4
(a) Proof of ownership or proof of purchase; and 5
(b) Proof of liability insurance. 6
6. Except as otherwise provided in subsection 7, a citation 7
may be issued for a violation of this section only if the violation is 8
discovered while the vehicle is halted or its driver is arrested for 9
another alleged violation or offense. 10
7. The provisions of subsection 6 do not apply if no permit is 11
affixed to the vehicle. 12
Sec. 9.5. NRS 484D.115 is hereby amended to read as 13
follows: 14
484D.115 1. Except as otherwise provided in chapters 484A 15
to 484E, inclusive, of NRS and NRS 486.261, every motor vehicle, 16
trailer, semitrailer and any vehicle which is being drawn at the end 17
of a train of vehicles must be equipped with at least two tail lamps 18
mounted on the rear, which, when lighted as required by this 19
chapter, emit a red light plainly visible from a distance of 500 feet to 20
the rear, except that vehicles manufactured before July 1, 1969, 21
must have at least one tail lamp if they were originally equipped 22
with only one tail lamp. 23
2. Only the tail lamp on the rearmost vehicle of a train of 24
vehicles need actually be seen from the distance specified. 25
3. On vehicles equipped with more than one tail lamp, the 26
lamps must be mounted on the same level, as widely spaced 27
laterally as practicable and at a height of not more than 72 inches 28
nor less than 15 inches. 29
4. Every passenger car, bus and truck under 80 inches in 30
overall width must be equipped with a lamp so constructed and 31
placed as to illuminate with a white light the rear registration or 32
license plate and render it clearly legible from a distance of 50 feet 33
to the rear. 34
5. All such lamps must be wired to be lighted whenever the 35
headlamps or auxiliary driving lamps are lighted. 36
6. Except as otherwise provided in subsection 7, a citation 37
may be issued for a violation of this section only if the violation is 38
discovered while the vehicle is halted or its driver is arrested for 39
another alleged violation or offense. 40
7. The provisions of subsection 6 do not apply if more than 41
one tail lamp mounted on the vehicle is broken. 42
8. Nothing in this section shall be construed to prohibit a 43
peace officer from issuing an oral advisory or warning citation 44
concerning a violation of this section, regardless of whether the 45
– 5 –
- *SB296_R1*
violation is discovered while the vehicle is halted or its driver is 1
arrested for another alleged violation or offense. 2
9. The provisions of this section do not apply to towable tools 3
or equipment which is being towed during the hours of daylight. 4
Sec. 9.7. NRS 484D.120 is hereby amended to read as 5
follows: 6
484D.120 1. Except as provided in subsection [3,] 6, every 7
motor vehicle, trailer, semitrailer and pole trailer must carry on the 8
rear, either as a part of the tail lamps or separately, two or more red 9
reflectors meeting the requirements of this section, except that 10
vehicles of the types mentioned in NRS 484D.460 must be equipped 11
with reflectors meeting the requirements of NRS 484D.150 and 12
subsection 1 of NRS 484D.155. 13
2. Every such reflector must be mounted on the vehicle at a 14
height not less than 15 inches nor more than 60 inches measured as 15
set forth in NRS 484D.105, and must be of such size and 16
characteristics and so mounted as to be visible at night from all 17
distances within 600 feet to 100 feet from the vehicle when directly 18
in front of lawful lower beams of headlamps, except that reflectors 19
on vehicles manufactured or assembled before January 1, 1970, 20
must be visible at night from all distances within 350 feet to 100 feet 21
when directly in front of lawful upper beams of headlamps. 22
3. Except as otherwise provided in subsection 4, a citation 23
may be issued for a violation of this section only if the violation is 24
discovered while the vehicle is halted or its driver is arrested for 25
another alleged violation or offense. 26
4. The provisions of subsection 3 do not apply if more than 27
one reflector mounted on the vehicle is broken. 28
5. Nothing in this section shall be construed to prohibit a 29
peace officer from issuing an oral advisory or warning citation 30
concerning a violation of this section, regardless of whether the 31
violation is discovered while the vehicle is halted or its driver is 32
arrested for another alleged violation or offense. 33
6. The provisions of this section do not apply to towable tools 34
or equipment. 35
Sec. 9.9. NRS 484D.125 is hereby amended to read as 36
follows: 37
484D.125 1. Except as provided in subsection [5,] 8, every 38
motor vehicle, trailer and semitrailer, and any vehicle which is being 39
drawn at the end of a train of vehicles must be equipped with two or 40
more stop lamps, except that any vehicle manufactured before 41
July 1, 1969, must have at least one stop lamp if the vehicle was 42
originally equipped with only one stop lamp. 43
2. Except as otherwise provided in chapters 484A to 484E, 44
inclusive, of NRS, the stop lamp or lamps must: 45
– 6 –
- *SB296_R1*
(a) Be on the rear of the vehicle, and if there are two or more 1
than two must be as widely spaced laterally as practicable; 2
(b) Display a red, amber or yellow light visible from a distance 3
of not less than 300 feet to the rear in normal sunlight; and 4
(c) Be activated upon application of the brake. 5
3. On a combination of vehicles, stop lamps on the rearmost 6
vehicle only are required. 7
4. A stop lamp may be incorporated with a tail lamp. 8
5. Except as otherwise provided in subsection 6, a citation 9
may be issued for a violation of this section only if the violation is 10
discovered while the vehicle is halted or its driver is arrested for 11
another alleged violation or offense. 12
6. The provisions of subsection 6 do not apply if more than 13
one stop lamp on the vehicle is broken. 14
7. Nothing in this section shall be construed to prohibit a 15
peace officer from issuing an oral advisory or warning citation 16
concerning a violation of this section, regardless of whether the 17
violation is discovered while the vehicle is halted or its driver is 18
arrested for another alleged violation or offense. 19
8. The provisions of this section do not apply to towable tools 20
or equipment. 21
Sec. 10. The amendatory provisions of this act apply to a 22
traffic stop which occurs on or after October 1, 2023. 23
Sec. 11. (Deleted by amendment.) 24
H