JURISDICTION: NEVADA

This chapter summarizes Nevada State statutes related to speed.

General Reference: Nevada Revised Statutes and Nevada Administrative Code (NAC)

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall not drive a vehicle greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions. §484.361(1)

Statutory Speed Limit: 75 MPH on highways constructed and maintained by the State

See Other below. §484.368

15 MPH⁽¹⁾ in a school zone or 25 MPH in school crossing zone⁽²⁾ §484.366(1) & (2)

Posted (Maximum) Speed Limit: I. The State may adopt lower the speed limits on highways constructed and maintained by it including such highways in unincorporated towns. Such authority includes the establishment of lower speed limits (1) "where necessary to protect public health and safety" or (2) "for trucks, overweight and oversized vehicles, trailer drawn by motor vehicles and buses." §§484.367(2) & 484.368

II. After appropriate studies, the State may establish special speed zones on a highway where a hazard exists. §484.369(1)

III. After an appropriate investigation, the State may establish the maximum safe speed limits for bridges and elevated structures. §484.375(2)

IV. Except for State constructed and maintained highways, local governments may establish speed limits within its limits and unincorporated towns within its jurisdiction. §§269.185 & 484.367(1)

Minimum Speed Limit: A person shall not operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §484.371(1)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local government may establish a minimum speed for a highway or a part thereof. §484.371(2)

Other: I. A person shall not drive a motor vehicle at such a rate of speed so as to endanger the life, limb or property of any person. §484.361(2)

II. A person shall not drive a school bus at speed >55 MPH while transporting students to and from school or while on a school activity. §484.365

III. A person shall not drive a vehicle equipped with solid rubber tires or cushion tires >10 MPH. §484.375(1)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §§193.170 & 484.251(1)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Not more than 6 months §193.150(1)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Not more than $1,000 §193.150(1)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: I. A person, who has been convicted of a 2nd offense, may be ordered by the court to attend a driver training school. §484.251(2)

II. The licensing agency can also require a person, who has had their license suspended via the point system, to attend a driver's training school. §483.477

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): I. Suspension via a Point System⁽³⁾ §§483.473 & 483.475 and NAC 483.500 & 483.510

II. Suspension-6 offenses within 5 years with a point value of 4 §483.475(4)

Term of License Withdrawal

(Days, Months, Years, etc.): I. Suspension via Point System-6 months to 1 year §483.475(3)

II. Suspension-1 year for 6 offenses within 5 years with a point value of 4 §483.475(4)

Mandatory Minimum Term of

Withdrawal: I. Suspension via Point System. Under certain conditions, an offender is eligible for restricted driving privileges for employment, and other necessities is available.⁽⁴⁾ §483.490

II. Suspension-1 year mandatory for 6 offenses within 5 years with a point value of 4 I.e., a restricted license is not available. §483.475(4)

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Miscellaneous Sanctions

Not Included Elsewhere: Alternative to Imprisonment or Fine. The court may order an offender to participate in community service in lieu of all or part of an imprisonment or fine sanctions. §193.150(2)

Other Criminal Actions Related to Speeding:

Reckless Driving (Speed Contest on Highway)⁽⁵⁾: Misdemeanor §§484.251(1) & 484.377

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 6 months §193.150

Mandatory Minimum Term: None

Fine ($ Range): Not more than $1,000 §193.150

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: I. Suspension via a Point System³ §§483.473 & 483.475 and NAC 483.500 & 483.510

II. II. Suspension-6 offenses within 5 years with a point value of 4 §483.475(4)

III. Revocation-3 Reckless Driving Convictions within 1 year §483.460(1)(b)(4)

Length of Term of

Licensing Withdrawal: I. Suspension via Point System-6 months to 1 year §483.475(3)

II. Suspension-1 year for 6 offenses within 5 years with a point value of 4 §483.475(4)

III. Revocation-3 Reckless Driving Convictions within 1 year-1 year §483.460(1)(b)(4)

Mandatory Action--Minimum

Length of License

Withdrawal: I. Suspension via Point System. Under certain conditions, an offender is eligible for restricted driving privileges for employment, and other necessities is available.⁴ §483.490

II. Suspension-1 year mandatory for 6 offenses within 5 years with a point value of 4 I.e., a restricted license is not available. §483.475(4)

III. Revocation-3 Reckless Driving Convictions within 1 year-None §483.460(1)(b)(4) This revocation does not appear to be mandatory. A restricted license for employment, and other necessities is available. §483.490

Other: The licensing agency can require a person, who has had their license suspended via the point system, to attend a driver's training school. §483.477

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving (Speed Contest on Highway)

(continued)

Other: (continued) Death or Injury Related Offense. Reckless driving is a Category B Felony if it involved willful or wanton disregard of the safety of persons or property that resulted in either death or substantial bodily injury. The criminal sanctions for this offense are either imprisonment for from 1 to 6 years and/or a fine of not more than $5,000. §484.377(2) In addition, a persons license is revoked for 3 years. §483.460(1)(a)(1) This revocation does not appear to be mandatory. A restricted license for employment, and other necessities is available. §483.490

Commercial Motor Vehicle (CMV) Operators⁽⁶⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁷⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §483.908, NAC 706.247(1) & 49 CFR §383.51(c)

Period of Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §483.908, NAC 706.247(1) & 49 CFR §383.51(c)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §483.908, NAC 706.247(1) & 49 CFR §383.51(c)

1. ¹This 15 MPH speed limit is not to be imposes if it would result in unsafe conditions because of higher speed limits on adjoining streets. §484.366(3)

2. ²The speed limits in these zones only apply (1) on a day when the school is in session during and (2) one-half hour before to one-half hour after school operations. §484.366(1) & (2)

3. ³Point System. I. If a person, who for the first time, accumulates 12 points within 12 months, their license is suspended for 6 months. If within 3 years, a person has a second accumulation of 12 points within 12 months, their license is suspended for 1 year. Likewise, if within 5 years, a person has a third accumulation of 12 points within 12 months, their license is suspended for 1 year. §483.475(3) II. The following points have been assigned to speeding or speed related violations: Reckless driving-8 points; speeding in school zone 16 MPH over the limit-6 points; speeding in school zone 1 but <15 MPH over the limit-4 points; speeding 21 MPH over the posed speed limit-4 points; speeding 15 MPH over the speed limit in a vehicle used for commercial purposes-4 points; speeding 16 MPH but 20 MPH over the speed limit-3 points; speeding 11 MPH but <15 MPH over the speed limit-2 points; excessive speeding for the conditions-2 points; and, speeding 1 MPH but 10 MPH over the speed limit-1 point. NAC 483.510

4. ⁴For a suspension based either on a first of second accumulation of 12 points within 12 months, an offender is eligible for restricted driving privileges. §483.475(3)(a) & (b) However, such privileges are not available for a third such accumulation. §483.475(3)(c)

5. ⁵A person commits the offense of "reckless driving" if they either (1) "drive in willful or wanton disregard of the safety persons or property" (the standard the reckless driving offense) or (2) "drive a vehicle in an unauthorized speed contest on a public highway." §484.377(1)(a) & (b)

6. ⁶A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 10,001 lbs., is designed to transport 15 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. NAC 706.247(f)

7. ⁷A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §483.908, NAC 706.247(1) & 49 CFR §383.5