EXEMPT
(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT A.B. 402
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ASSEMBLY BILL NO. 402–ASSEMBLYMEMBER TORRES-FOSSETT
MARCH 11, 2025
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Referred to Committee on Growth and Infrastructure
SUMMARY—Creates a pilot program authorizing the installation
and use of automated traffic enforcement systems in
temporary traffic control zones. (BDR 43-184)
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 public safety; creating a pilot program
authorizing the Department of Transportation, a local
authority and a regional transportation commission to
allow the installation and use of an automated traffic
enforcement system to enforce certain provisions of law;
requiring a peace officer of a traffic enforcement agency
having jurisdiction over the location of an automated
traffic enforcement system to review certain evidence
detected by the automated traffic enforcement system
before a citation is issued; establishing requirements
relating to the issuance of a civil infraction citation based
on evidence detected by an automated traffic enforcement
system; creating a rebuttable presumption that the
registered owner of a vehicle is the driver of the vehicle at
the time of a violation detected by an automated traffic
enforcement system; requiring the Department to annually
compile and submit certain information to the Director of
the Legislative Counsel Bureau; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits a governmental entity or any agent thereof from using 1
photographic, video or digital equipment to gather evidence in order to issue a 2
traffic citation or civil infraction citation, unless the equipment is: (1) a portable 3
camera or event recording device worn or held by a peace officer; (2) installed 4
within a vehicle or facility of a law enforcement agency; or (3) privately owned by 5
a nongovernmental entity. (NRS 484A.600) Sections 2.1-2.7 of this bill provide an 6
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exception to this prohibition and create a pilot program authorizing the Department 7
of Transportation, a local authority and a regional transportation commission to 8
allow for the installation and use of an automated traffic enforcement system to 9
enforce certain speed limits in temporary traffic control zones under certain 10
circumstances. Section 2.2 sets forth the conditions for the installation and use of 11
an automated traffic enforcement system and requires an entity which installs such 12
a system to, among other things, carry out a public information campaign before 13
commencing any enforcement. 14
Section 2.3 requires a peace officer of a traffic enforcement agency with 15
jurisdiction over the location of the automated traffic enforcement system to review 16
the evidence of a violation detected by an automated traffic enforcement system 17
before a civil infraction citation is issued. Section 2.3 also establishes requirements 18
for the contents and delivery of a civil infraction citation issued based upon 19
evidence collected by an automated traffic enforcement system. Finally, section 2.3 20
creates a rebuttable presumption that the registered owner of a vehicle is the driver 21
of the vehicle at the time of a violation detected by an automated traffic 22
enforcement system and provides a method for rebutting this presumption. 23
Section 2.4 establishes requirements for the storage and transmission of any 24
photograph, recorded image or data created by an automated traffic enforcement 25
system. Section 2.4 also prohibits any entity who manufactures, maintains, 26
produces or provides an automated traffic enforcement system or related services 27
for sale or lease to this State or any political subdivision of this State from 28
contracting to receive payment on the basis of the number of citations issued. 29
Section 2.6 provides that a violation detected by an automated traffic 30
enforcement system is not a moving traffic violation but is punishable by a civil 31
penalty not to exceed $200. Section 2.6 also requires that any funds collected from 32
such civil infractions in excess of the cost and maintenance of the automated traffic 33
enforcement systems be apportioned by the board of county highway 34
commissioners for certain expenses. 35
Section 2.7 requires the Department, a local authority and a regional 36
transportation commission who authorize the installation and use of an automated 37
traffic enforcement system to annually compile certain information and report it to 38
the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim 39
Standing Committee on Growth and Infrastructure. 40
Sections 1, 4 and 5 of this bill make conforming changes to: (1) exclude traffic 41
violations detected by an automated traffic enforcement system from the 42
assessment of demerit points; and (2) provide for the issuance of civil infraction 43
citations for violations detected by an automated traffic enforcement system. 44
Section 5 of this bill also extends the time to respond to such a citation to 120 days. 45
Existing law provides that before a hearing to contest the determination that a 46
person has committed a civil infraction, the person is required to post a bond equal 47
to the amount of the full payment of the monetary penalty, the administrative 48
assessment and any fees specified in the civil infraction citation. (NRS 484A.7041) 49
Section 6 of this bill limits the amount of a bond for a civil infraction citation 50
issued for a violation described in section 2.2 to an amount not to exceed $100. 51
Section 8 of this bill provides that the pilot program expires by limitation on 52
June 30, 2029. 53
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.473 is hereby amended to read as follows: 1
483.473 1. As used in this section, “traffic violation” means 2
conviction of a moving traffic violation in any municipal court, 3
justice court or district court in this State or a finding by any 4
municipal court or justice court in this State that a person has 5
committed a civil infraction pursuant to NRS 484A.703 to 6
484A.705, inclusive. The term includes a finding by a juvenile court 7
that a child has violated a traffic law or ordinance other than one 8
governing standing or parking. The term does not include [a] : 9
(a) A conviction or a finding by a juvenile court of a violation of 10
the speed limit posted by a public authority under the circumstances 11
described in subsection 1 of NRS 484B.617 [.] ; or 12
(b) A civil infraction citation issued pursuant to NRS 13
484A.7035 for a violation described in section 2.2 of this act. 14
2. The Department shall establish a uniform system of demerit 15
points for various traffic violations occurring within this State 16
affecting the driving privilege of any person who holds a driver’s 17
license issued by the Department and persons deemed to have future 18
driving privileges pursuant to NRS 483.447. The system must be 19
based on the accumulation of demerits during a period of 12 20
months. 21
3. The system must be uniform in its operation, and the 22
Department shall set up a schedule of demerits for each traffic 23
violation, depending upon the gravity of the violation, on a scale of 24
one demerit point for a minor violation of any traffic law to eight 25
demerit points for an extremely serious violation of the law 26
governing traffic violations. If a conviction of two or more traffic 27
violations committed on a single occasion is obtained, points must 28
be assessed for one offense or civil infraction, and if the point values 29
differ, points must be assessed for the offense or civil infraction 30
having the greater point value. Details of the violation must be 31
submitted to the Department by the court where the conviction or 32
finding is obtained. The Department may provide for a graduated 33
system of demerits within each category of violations according to 34
the extent to which the traffic law was violated. 35
Sec. 2. Chapter 484A of NRS is hereby amended by adding 36
thereto the provisions set forth as sections 2.1 to 2.7, inclusive, of 37
this act. 38
Sec. 2.1. As used in sections 2.1 to 2.7, inclusive, of this act, 39
unless the context otherwise requires, “automated traffic 40
enforcement system” means a manned or unmanned stationary 41
electronic or digital system which creates a photograph or other 42
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recorded image of a vehicle and vehicle license plate which is used 1
as evidence of a violation of a traffic law by the driver of the 2
vehicle. Such a photograph or other recorded image must not 3
reveal the face of the driver or any other passenger in the vehicle. 4
Sec. 2.2. 1. The Department of Transportation, a local 5
authority and a regional transportation commission as defined in 6
NRS 482.1825 may, except as otherwise provided in subsection 3, 7
authorize the installation and use of an automated traffic 8
enforcement system to enforce any rate of speed which is 10 miles 9
per hour or more over the posted speed limit: 10
(a) In an area designated as a temporary traffic control zone 11
in which construction, maintenance or repair of a highway is 12
conducted; and 13
(b) At a time when the workers who are performing the 14
construction, maintenance or repair of the highway are present. 15
2. An automated traffic enforcement system must be 16
accompanied by warning signs installed at the entry point of the 17
temporary traffic control zone. The Department shall adopt 18
regulations setting forth standards for such warning signs, 19
including, without limitation: 20
(a) A statement that an automated traffic enforcement system 21
is in use; 22
(b) A statement of the speed limit; and 23
(c) A display which alerts drivers of their current speed. 24
3. Before commencing any enforcement, including the 25
issuance of a civil infraction citation pursuant to NRS 484A.7035 26
for a violation described in this section, the Department, a local 27
authority or a regional transportation commission as defined in 28
NRS 482.1825 that installs an automated traffic enforcement 29
system shall establish and carry out a public information 30
campaign to: 31
(a) Raise public awareness of the proposed use of an 32
automated traffic enforcement system not less than 30 days before 33
commencing any enforcement; and 34
(b) Inform the public of the date upon which enforcement will 35
begin. 36
Sec. 2.3. 1. Before a civil infraction citation is issued 37
pursuant to NRS 484A.7035 for a violation described in section 38
2.2 of this act, the evidence of the violation from the automated 39
traffic enforcement system must be reviewed for accuracy by a 40
peace officer of a traffic enforcement agency with jurisdiction over 41
the location of the automated traffic enforcement system. 42
2. If after reviewing the evidence described in subsection 1, 43
the peace officer determines that a violation described in section 44
2.2 of this act occurred, the peace officer shall cause a civil 45
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infraction citation to be issued pursuant to NRS 484A.7035. The 1
citation must be sent by the traffic enforcement agency described 2
in subsection 1 or its designee by first class mail to the address 3
listed with the Department of Motor Vehicles for the registered 4
owner of the vehicle identified by the automated traffic 5
enforcement system. 6
3. A manual or automated record prepared by a traffic 7
enforcement agency described in subsection 1 or its designee in 8
the ordinary course of business shall be prima facie evidence of 9
mailing and service, and is admissible in any hearing as to the 10
facts contained in the civil infraction citation. 11
4. In addition to the information required pursuant to 12
subsection 1 of NRS 484A.7035, a civil infraction citation issued 13
pursuant to NRS 484A.7035 for a violation described in section 14
2.2 of this act must include: 15
(a) The date and time of the violation; 16
(b) An image taken by the automated traffic enforcement 17
system showing the vehicle and vehicle license plate involved in 18
the violation or the address of the Internet website on which such 19
an image may be viewed; and 20
(c) A statement summarizing the provisions of subsection 5. 21
5. The registered owner of a vehicle is presumed to be the 22
driver of the vehicle at the time of a violation described in section 23
2.2 of this act was detected by an automated traffic enforcement 24
system. Such an inference may be rebutted if the registered owner 25
of the vehicle presents as evidence at a hearing held pursuant to 26
subsection 3 of NRS 484A.704, an affidavit stating: 27
(a) The name and address of the person having care, custody 28
and control of the vehicle at the time of the violation; or 29
(b) That the vehicle was, at the time of the violation, stolen. 30
Such an affidavit must be accompanied by evidence that supports 31
the affidavit, including, without limitation, a police report or an 32
insurance report. 33
Sec. 2.4. 1. Any photograph, recorded image or data 34
created by an automated traffic enforcement system: 35
(a) Must only be stored and disseminated by the traffic 36
enforcement agency that issued the civil infraction citation 37
pursuant to NRS 484A.7035 for a violation described in section 38
2.2 of this act; and 39
(b) May not be sold, transferred or otherwise transmitted by 40
any other entity or organization except pursuant to a court order. 41
2. Any entity that manufactures, maintains, produces or 42
provides an automated traffic enforcement system or related 43
services for sale or lease to this State or any political subdivision 44
of this State shall not contract to receive payment on the basis of 45
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the number of civil infraction citations issued pursuant to NRS 1
484A.7035 for a violation described in section 2.2 of this act. 2
Sec. 2.5. The provisions of sections 2.1 to 2.7, inclusive, of 3
this act do not prohibit a peace officer from issuing a citation for a 4
violation of any law of this State at the place where an automated 5
traffic enforcement system is installed and in use if the peace 6
officer witnesses a violation. A person who is issued a citation by a 7
peace officer pursuant to this subsection must not be issued a civil 8
infraction citation based on evidence from the automated traffic 9
enforcement system for the same violation for which the peace 10
officer issued the person the citation. 11
Sec. 2.6. 1. A violation described in section 2.2 of this act 12
for which a civil infraction citation is issued pursuant to 13
NRS 484A.7035: 14
(a) Is not a moving traffic violation under NRS 483.473; and 15
(b) Is punishable by a civil penalty pursuant to NRS 16
484A.7043, not to exceed $200. 17
2. Any money collected as a civil penalty pursuant to 18
subsection 1 must be accounted for separately in the county or city 19
treasury or State General Fund, as applicable, must be credited to 20
the traffic enforcement agency with jurisdiction over the location 21
of the automated traffic enforcement system and must be used to 22
defray the cost of installing and operating the automated traffic 23
enforcement system, including, without limitation, the costs of 24
administering the provisions of sections 2.1 to 2.7 of this act. Any 25
remaining funds may be apportioned by the board of county 26
highway commissioners to the road funds of the county, as 27
applicable, to be expended as described in NRS 403.470. 28
Sec. 2.7. 1. Each local authority and regional 29
transportation commission as defined in NRS 482.1825 that 30
authorizes the installation and use of an automated traffic 31
enforcement system pursuant to sections 2.1 to 2.7, inclusive, of 32
this act, shall prepare and file a report annually with the 33
Department of Transportation that includes, without limitation, 34
the following information relating to the immediately preceding 35
year: 36
(a) The number of speeding infractions in temporary traffic 37
control zones; 38
(b) The changes in the frequency of citations in temporary 39
traffic control zones; and 40
(c) The frequency of repeat violations in temporary traffic 41
control zones. 42
2. If the Department authorizes the installation and use of an 43
automated traffic enforcement system pursuant to sections 2.1 to 44
2.7, inclusive, of this act, the Department shall prepare a report 45
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annually that includes, without limitation, the following 1
information relating to the previous year: 2
(a) The number of speeding infractions in temporary traffic 3
control zones; 4
(b) The changes in the frequency of citations in temporary 5
traffic control zones; and 6
(c) The frequency of repeat violations in temporary traffic 7
control zones. 8
3. On or before October 1 of each year, the Department shall 9
compile any reports prepared pursuant to subsections 1 and 2 and 10
submit the compilation to the Director of the Legislative Counsel 11
Bureau for transmittal to the Joint Interim Standing Committee 12
on Growth and Infrastructure. 13
Sec. 3. NRS 484A.600 is hereby amended to read as follows: 14
484A.600 [A] Except as otherwise provided in sections 2.1 to 15
2.7, inclusive, of this act, a governmental entity and any agent 16
thereof shall not use photographic, video or digital equipment for 17
gathering evidence to be used for the issuance of a traffic citation or 18
civil infraction citation pursuant to NRS 484A.7035 for a violation 19
of chapters 484A to 484E, inclusive, of NRS unless the equipment 20
is a portable camera or event recording device worn or held by a 21
peace officer, the equipment is otherwise installed temporarily or 22
permanently within a vehicle or facility of a law enforcement 23
agency or the equipment is privately owned by a nongovernmental 24
entity. 25
Sec. 4. NRS 484A.640 is hereby amended to read as follows: 26
484A.640 1. Except for a citation issued pursuant to NRS 27
484A.700 [,] or 484A.7035 for a violation described in section 2.2 28
of this act, whenever a police officer makes an arrest or issues a 29
citation to a person for any violation of chapters 484A to 484E, 30
inclusive, of NRS, the police officer shall record the name as given 31
by that person, the number of the person’s driver’s license and a 32
brief description of the person’s physical appearance. This 33
information must be maintained in a record for offenses kept at the 34
traffic enforcement agency which employs that officer. 35
2. Whenever a police officer stops a driver of a motor vehicle 36
for any violation of chapters 484A to 484E, inclusive, of NRS and 37
requests information from a traffic enforcement agency concerning 38
that person’s record of prior offenses, the police officer shall 39
compare not only the driver’s name but also the number of his or her 40
driver’s license and physical description with any information 41
obtained from the agency as a result of the request. If the 42
information received from the agency indicates that the driver’s 43
name is on an outstanding warrant for a prior offense, the officer 44
shall not arrest the driver for that prior offense unless the additional 45
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information used for comparison also connects the driver with that 1
prior offense. 2
Sec. 5. NRS 484A.704 is hereby amended to read as follows: 3
484A.704 1. Any person who receives a civil infraction 4
citation pursuant to : 5
(a) Except as otherwise provided in paragraph (b), NRS 6
484A.7035 or 484A.7049 shall respond to the citation as provided in 7
this section not later than 90 calendar days after the date on which 8
the citation is issued [.] ; or 9
(b) NRS 484A.7035 for a violation described in section 2.2 of 10
this act shall respond to the citation as provided in this section not 11
later than 120 days after the date on which the citation is issued. 12
2. If a person receiving a civil infraction citation does not 13
contest the determination that the person has committed the civil 14
infraction set forth in the citation, the person must respond to the 15
citation by indicating that the person does not contest the 16
determination and submitting full payment of the monetary penalty, 17
the administrative assessment and any fees to the court specified in 18
the citation, or its traffic violations bureau, in person, by mail or 19
through the Internet or other electronic means. 20
3. If a person receiving a civil infraction citation wishes to 21
contest the determination that the person has committed the civil 22
infraction set forth in the citation, the person must respond by 23
requesting in person, by mail or through the Internet or other 24
electronic means a hearing for that purpose. The court shall notify 25
the person in writing of the time, place and date of the hearing, 26
but the date of the hearing must not be earlier than 9 calendar days 27
after the court provides notice of the hearing. 28
4. Except as otherwise provided in this subsection, not less 29
than 30 days before the deadline for a person to respond to a civil 30
infraction citation, the court must send to the address or electronic 31
mail address of the person, as indicated on the civil infraction 32
citation issued to the person, a reminder that the person must 33
respond to the civil infraction citation within 90 or 120 calendar 34
days , as applicable under subsection 1, after the date on which the 35
civil infraction citation is issued. If the person agreed to receive 36
communications relating to the civil infraction by text message, the 37
court may send such a notice to the telephone number of the person 38
as indicated on the civil infraction citation. If the person does not 39
respond to the civil infraction citation in the manner specified by 40
subsection 2 or 3 within 90 or 120 calendar days , as applicable 41
under subsection 1, after the date on which the civil infraction 42
citation is issued, the court must enter an order pursuant to NRS 43
484A.7043 finding that the person committed the civil infraction 44
and assessing the monetary penalty and administrative assessments 45
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prescribed for the civil infraction. A person who has been issued a 1
civil infraction citation and who fails to respond to the civil 2
infraction citation as required by this section may not appeal an 3
order entered pursuant to this section. 4
5. If any person issued a civil infraction citation fails to appear 5
at a hearing requested pursuant to subsection 3, the court must enter 6
an order pursuant to NRS 484A.7043 finding that the person 7
committed the civil infraction and assessing the monetary penalty 8
and administrative assessments prescribed for the civil infraction. A 9
person who has been issued a civil infraction citation and who fails 10
to appear at a hearing requested pursuant to subsection 3 may not 11
appeal an order entered pursuant to this subsection. 12
6. In addition to any other penalty imposed, any person who is 13
found by the court to have committed a civil infraction pursuant to 14
subsection 5 shall pay the witness fees, per diem allowances, travel 15
expenses and other reimbursement in accordance with NRS 50.225. 16
7. If a court has established a system pursuant to NRS 17
484A.615, any person issued a civil infraction citation may, if 18
authorized by the court, use the system to perform any applicable 19
actions pursuant to this section. 20
Sec. 6. NRS 484A.7041 is hereby amended to read as follows: 21
484A.7041 1. If, pursuant to subsection 3 of NRS 484A.704, 22
a person receiving a civil infraction citation requests a hearing to 23
contest the determination that the person has committed the civil 24
infraction set forth in the citation, the hearing must be conducted in 25
accordance with this section. 26
2. Except as otherwise provided in this subsection, before a 27
hearing to contest the determination that a person has committed a 28
civil infraction, the court shall require the person to post a bond 29
equal to the amount of the full payment of the monetary penalty, the 30
administrative assessment and any fees specified in the civil 31
infraction citation. Any bond required to be posted for a civil 32
infraction citation issued pursuant to NRS 484A.7035 for a 33
violation described in section 2.2 of this act must not exceed $100. 34
In lieu of posting such a bond, the person may instead deposit cash 35
with the court in the amount of the bond required pursuant to this 36
subsection. Any bond posted or cash deposited with the court 37
pursuant to this subsection must be forfeited upon the court’s 38
finding that the person committed the civil infraction. Any person 39
whom the court determines is unable to pay the costs of defending 40
the action or is a client of a program for legal aid in accordance with 41
NRS 12.015 must not be required to post a bond or deposit cash 42
with the court in accordance with this subsection. 43
3. The person who requested the hearing may, at his or her 44
expense, be represented by counsel, and a city attorney or district 45
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attorney, in his or her discretion and as applicable, may represent the 1
plaintiff. 2
4. A hearing conducted pursuant to this section must be 3
conducted by the court without a jury. In lieu of the personal 4
appearance at the hearing by the peace officer who issued the civil 5
infraction citation, the court may consider the information contained 6
in the civil infraction citation and any other written statement 7
submitted under oath by the peace officer. If the court has 8
established a system pursuant to NRS 484A.615, the peace officer 9
may, if authorized by the court, use the system to submit such a 10
statement. The person named in the civil infraction citation may 11
subpoena witnesses, including, without limitation, the peace officer 12
who issued the citation, and has the right to present evidence and 13
examine witnesses present in court. 14
5. After consideration of the evidence and argument, the court 15
shall determine whether a civil infraction was committed by the 16
person named in the civil infraction citation. The court must find by 17
a preponderance of the evidence that the person named in the civil 18
infraction citation committed a civil infraction. If it has not been 19
established by a preponderance of the evidence that the infraction 20
was committed by the person named in the citation, the court must 21
enter an order dismissing the civil infraction citation in the court’s 22
records. If it has been established by a preponderance of the 23
evidence that the infraction was committed, the court must enter in 24
the court’s records an order pursuant to NRS 484A.7043. 25
6. An appeal from the court’s determination or order may be 26
taken in the same manner as any other civil appeal from a municipal 27
court or justice court, as applicable, except that: 28
(a) The notice of appeal must be filed not later than 7 calendar 29
days after the court enters in the court’s records an order pursuant to 30
NRS 484A.7043; 31
(b) If the appellant is the person charged with the civil 32
infraction, any bond required to be given by the appellant in order to 33
secure a stay of execution of the order of the court during the 34
pendency of the appeal must equal the amount of the monetary 35
penalty and administrative assessments which the court has ordered 36
the appellant to pay pursuant to NRS 484A.7043. Any bond must be 37
forfeited if the order of the court is affirmed on appeal; and 38
(c) If a prosecuting attorney does not represent the plaintiff 39
during the proceedings in the justice court or municipal court, the 40
appellate court shall review the record and any arguments presented 41
by the person charged with the civil infraction and render a decision. 42
Sec. 7. The provisions of subsection 1 of NRS 218D.380 do 43
not apply to any provision of this act which adds or revises a 44
requirement to submit a report to the Legislature. 45
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Sec. 8. This act becomes effective on July 1, 2025, and expires 1
by limitation on June 30, 2029. 2
H