Effective October 1, 2013, it will be legal to run a red light on a motorcycle after waiting a reasonable amount of time. Your mom asked me to tell you, "Please be careful and look both ways!"
http://www.leg.state.nv.us/
http://www.leg.state.nv.us/
Assembly Bill No. 117–Assemblymen Sprinkle, Carrillo, Bobzien;
Paul Anderson, Benitez-Thompson, Cohen, Daly, Eisen,
Flores, Healey, Spiegel, Swank and Wheeler
Joint Sponsor: Senator Smith
CHAPTER..........
AN ACT relating to rules of the road; allowing a person driving a
motorcycle, moped or trimobile or riding a bicycle or an
electric bicycle to proceed through an intersection against a
red traffic signal in certain circumstances; specifying that
a violation resulting in an injury to another person creates a
rebuttable presumption of all facts necessary to impose civil
liability for the injury under certain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, a person driving a motorcycle or moped upon a highway or
riding a bicycle or an electric bicycle upon a roadway is subject to all the duties
applicable to the driver of a motor vehicle, with certain exceptions. (NRS
484B.763, 486.331) Existing law makes it unlawful for any driver, including the
driver of a trimobile, to disobey the instructions of any official traffic-control
device under certain conditions. (NRS 484A.080, 484B.300) Existing law also
prohibits vehicular traffic from proceeding into or through an intersection that is
controlled by an official traffic-control device exhibiting different colored lights
when the signal is red. (NRS 484B.307) Section 2 of this bill allows a person
driving a motorcycle, moped or trimobile or riding a bicycle or an electric bicycle
to proceed into an intersection against a red signal if: (1) the person stops as
required by the signal and waits for a reasonable time; (2) the signal does not
change because of a malfunction or the failure of the signal to detect the presence
of the motorcycle, moped, trimobile, bicycle or electric bicycle; and (3) the person
yields the right-of-way to pedestrians and other traffic proceeding as directed by the
signal at the intersection. Section 2 also provides that, if the person commits certain
violations while driving the motorcycle, moped or trimobile or riding the bicycle or
electric bicycle which result in an injury to another person, the violations create a
rebuttable presumption of all facts necessary to impose civil liability for the injury.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484B.300 is hereby amended to read as
follows:
484B.300 1. [It] Except as otherwise provided in NRS
484B.307, it is unlawful for any driver to disobey the instructions of
any official traffic-control device placed in accordance with the – 2 –
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provisions of chapters 484A to 484E, inclusive, of NRSunless at
the time otherwise directed by a police officer.
2. No provision of chapters 484A to 484E, inclusive, of NRS
for which such devices are required may be enforced against an
alleged violator if at the time and place of the alleged violation the
device is not in proper position and sufficiently legible to be seen by
an ordinarily observant person. Whenever a particular provision of
chapters 484A to 484E, inclusive, of NRS does not state that such
devices are required, the provision is effective even though no
devices are erected or in place.
3. Whenever devices are placed in position approximately
conforming to the requirements of chapters 484A to 484E, inclusive,
of NRS, such devices are presumed to have been so placed by the
official act or direction of a public authority, unless the contrary is
established by competent evidence.
4. Any device placed pursuant to the provisions of chapters
484A to 484E, inclusive, of NRS and purporting to conform to the
lawful requirements pertaining to such devices is presumed to
comply with the requirements of chapters 484A to 484E, inclusive,
of NRS unless the contrary is established by competent evidence.
5. A person who violates any provision of subsection 1 may be
subject to the additional penalty set forth in NRS 484B.130.
Sec. 2. NRS 484B.307 is hereby amended to read as follows:
484B.307 1. Whenever traffic is controlled by official trafficcontrol devices exhibiting different colored lights, or colored lighted
arrows, successively one at a time or in combination as declared in
the manual and specifications adopted by the Department of
Transportation, only the colors green, yellow and red may be used,
except for special pedestrian-control devices carrying a word legend
as provided in NRS 484B.283. The lights, arrows and combinations
thereof indicate and apply to drivers of vehicles and pedestrians as
provided in this section.
2. When the signal is circular green alone:
(a) Vehicular traffic facing the signal may proceed straight
through or turn right or left unless another device at the place
prohibits either or both such turns. Such vehicular traffic, including
vehicles turning right or left, must yield the right-of-way to other
vehicles and to pedestrians lawfully within the intersection or an
adjacent crosswalk at the time the signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the
highway within any marked or unmarked crosswalk, unless directed
otherwise by another device as provided in NRS 484B.283.
3. Where the signal is circular green with a green turn arrow:
(a) Vehicular traffic facing the signal may proceed to make the
movement indicated by the green turn arrow or such other
movement as is permitted by the circular green signal, but the traffic
must yield the right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using the
intersection at the time the signal is exhibited. Drivers turning in the
direction of the arrow when displayed with the circular green are
thereby advised that so long as a turn arrow is illuminated,
oncoming or opposing traffic simultaneously faces a steady red
signal.
(b) Pedestrians facing such a signal may proceed across the
highway within any marked or unmarked crosswalk, unless directed
otherwise by another device as provided in NRS 484B.283.
4. Where the signal is a green turn arrow alone:
(a) Vehicular traffic facing the signal may proceed only in the
direction indicated by the arrow signal so long as the arrow is
illuminated, but the traffic must yield the right-of-way to pedestrians
lawfully within the adjacent crosswalk and to other traffic lawfully
using the intersection.
(b) Pedestrians facing such a signal shall not enter the highway
until permitted to proceed by another device as provided in
NRS 484B.283.
5. Where the signal is a green straight-through arrow alone:
(a) Vehicular traffic facing the signal may proceed straight
through, but must not turn right or left. Such vehicular traffic must
yield the right-of-way to other vehicles and to pedestrians lawfully
within the intersection or an adjacent crosswalk at the time the
signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the
highway within the appropriate marked or unmarked crosswalk,
unless directed otherwise by another device as provided in
NRS 484B.283.
6. Where the signal is a steady yellow signal alone:
(a) Vehicular traffic facing the signal is thereby warned that the
related green movement is being terminated or that a steady red
indication will be exhibited immediately thereafter, and such
vehicular traffic must not enter the intersection when the red signal
is exhibited.
(b) Pedestrians facing such a signal, unless otherwise directed
by another device as provided in NRS 484B.283, are thereby
advised that there is insufficient time to cross the highway.
7. Where the signal is a steady red signal alone:
(a) Vehicular traffic facing the signal must stop before entering
the crosswalk on the nearest side of the intersection where the sign
or pavement marking indicates where the stop must be made, or in
the absence of any such crosswalk, sign or marking, then before
entering the intersection, and, except as otherwise provided in
[paragraph (c),] paragraphs (c) and (d), must remain stopped or
standing until the green signal is shown.
(b) Pedestrians facing such a signal shall not enter the highway,
unless permitted to proceed by another device as provided in
NRS 484B.283.
(c) After complying with the requirement to stop, vehicular
traffic facing such a signal and situated on the extreme right of the
highway may proceed into the intersection for a right turn only
when the intersecting highway is two-directional or one-way to the
right, or vehicular traffic facing such a signal and situated on
the extreme left of a one-way highway may proceed into the
intersection for a left turn only when the intersecting highway is
one-way to the left, but must yield the right-of-way to pedestrians
and other traffic proceeding as directed by the signal at the
intersection.
(d) After complying with the requirement to stop, a person
driving a motorcycle, moped or trimobile or riding a bicycle or an
electric bicycle may proceed straight through or turn right or left
if:
(1) The person waits for two complete cycles of the lights or
lighted arrows of the applicable official traffic-control device and
the signal does not change because of a malfunction or because
the signal failed to detect the presence of the motorcycle, moped,
trimobile, bicycle or electric bicycle;
(2) No other device at the place prohibits either or both
such turns, if applicable; and
(3) The person yields the right-of-way to pedestrians and
other traffic proceeding as directed by the signal at the
intersection.
(e) Vehicular traffic facing the signal may not proceed on or
through any private or public property to enter the intersecting street
where traffic is not facing a red signal to avoid the red signal.
8. Where the signal is a steady red with a green turn arrow:
(a) [Vehicular] Except as otherwise provided in paragraph (b),
vehicular traffic facing the signal may enter the intersection only to
make the movement indicated by the green turn arrow, but must
yield the right-of-way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the intersection.
Drivers turning in the direction of the arrow are thereby advised that
so long as the turn arrow is illuminated, oncoming or opposing
traffic simultaneously faces a steady red signal.
(b) A person driving a motorcycle, moped or trimobile or
riding a bicycle or an electric bicycle facing the signal may
proceed straight through or turn in the direction opposite that
indicated by the green turn arrow if:
(1) The person stops before entering the crosswalk on the
nearest side of the intersection where the sign or pavement
marking indicates where the stop must be made or, in the absence
of any such crosswalk, sign or marking, before entering the
intersection;
(2) The person waits for two complete cycles of the lights or
lighted arrows of the applicable official traffic-control device and
the signal does not change because of a malfunction or because
the signal failed to detect the presence of the motorcycle, moped,
trimobile, bicycle or electric bicycle;
(3) No other device at the place prohibits the turn, if
applicable; and
(4) The person yields the right-of-way to pedestrians
lawfully within an adjacent crosswalk and to other traffic lawfully
using the intersection.
(c) Pedestrians facing such a signal shall not enter the highway,
unless permitted to proceed by another device as provided in
NRS 484B.283.
9. If a person violates paragraph (d) of subsection 7 or
paragraph (b) of subsection 8 and that violation results in an
injury to another person, the violation creates a rebuttable
presumption of all facts necessary to impose civil liability for the
injury.
10. If a signal is erected and maintained at a place other than an
intersection, the provisions of this section are applicable except as to
those provisions which by their nature can have no application. Any
stop required must be made at a sign or pavement marking
indicating where the stop must be made, but in the absence of any
such device the stop must be made at the signal.
[10.] 11. Whenever signals are placed over the individual
lanes of a highway, the signals indicate, and apply to drivers of
vehicles, as follows:
(a) A downward-pointing green arrow means that a driver facing
the signal may drive in any lane over which the green signal is
shown. ter or drive in any lane over which the red signal is shown.
[11.] 12. A local authority shall not adopt an ordinance or
regulation or take any other action that prohibits vehicular traffic
from crossing an intersection when:
(a) The red signal is exhibited; and
(b) The vehicular traffic in question had already completely
entered the intersection before the red signal was exhibited. For the
purposes of this paragraph, a vehicle shall be considered to have
“completely entered” an intersection when all portions of the vehicle
have crossed the limit line or other point of demarcation behind
which vehicular traffic must stop when a red signal is displayed.
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