Nevada § 484B.130 - Double penalty for certain traffic violations committed in work zones; exception in certain temporary traffic control zones

§ 484B.130. Double penalty for certain traffic violations committed in work zones; exception in certain temporary traffic control zones

1. Except as otherwise provided in subsections 2 and 6, a person who is found to have

committed a violation of a speed limit, or convicted of or found to have committed

a violation of NRS 484B.150 , 484B.163 , 484B.165 , 484B.200 to 484B.217 , inclusive, 484B.223 , 484B.227 , 484B.300 , 484B.303 , 484B.317 , 484B.320 , 484B.327 , 484B.330 , 484B.403 , 484B.587 , 484B.600 , 484B.603 , 484B.650 , 484B.653 , 484B.657 , 484C.110 or 484C.120 , that occurred: (a) In an area designated as a temporary traffic control zone; and (b) At a time when the workers who are performing construction, maintenance or repair

of the highway or other work are present, or when the effects of the act may be aggravated

because of the condition of the highway caused by construction, maintenance or repair,

including, without limitation, reduction in lane width, reduction in the number of

lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces,

including, without limitation, modifications to road beds, cement-treated bases, chip

seals and other similar conditions, shall, if the violation is a criminal offense, be punished by imprisonment or by

a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment

or amount of the fine, or both, that the court imposes for the primary offense or

shall, if the violation is a civil infraction punishable pursuant to NRS 484A.703 to 484A.705 , inclusive, be punished by a civil penalty in an amount equal to and in addition

to the civil penalty that the court imposes for the primary civil infraction. Any term of imprisonment imposed pursuant to this subsection runs consecutively

with the sentence prescribed by the court for the crime. This subsection does not create a separate offense or civil infraction, but provides

an additional penalty for the primary offense or civil infraction, whose imposition

is contingent upon the finding of the prescribed fact. 2. If a violation described in subsection 1 is: (a) A criminal offense, the additional penalty imposed pursuant to subsection 1 must

not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service. (b) A civil infraction punishable pursuant to NRS 484A.703 to 484A.705 , inclusive, the additional penalty imposed pursuant to subsection 1 must not exceed

a total of $250. 3. Except as otherwise provided in subsection 5, a governmental entity that designates

an area or authorizes the designation of an area as a temporary traffic control zone

in which construction, maintenance or repair of a highway or other work is conducted,

or the person with whom the governmental entity contracts to provide such service,

shall cause to be erected: (a) A sign located before the beginning of such an area stating “DOUBLE PENALTIES

IN WORK ZONES” to indicate a double penalty may be imposed pursuant to this section; (b) A sign to mark the beginning of the temporary traffic control zone; and (c) A sign to mark the end of the temporary traffic control zone. 4. A person who otherwise would be subject to an additional penalty pursuant to this

section is not relieved of any criminal liability or liability for a civil infraction

because signs are not erected as required by subsection 3 if the violation results

in injury to any person performing highway construction or maintenance or other work

in the temporary traffic control zone or in damage to property in an amount equal

to $1,000 or more. 5. The requirements of subsection 3 do not apply to an area designated as a temporary

traffic control zone: (a) Pursuant to an emergency which results from a natural or other disaster and which

threatens the health, safety or welfare of the public; or (b) On a public highway where the posted speed limit is 25 miles per hour or less

and that provides access to or is appurtenant to a residential area. 6. A person who would otherwise be subject to an additional penalty pursuant to this

section is not subject to an additional penalty if the violation occurred in a temporary

traffic control zone for which signs are not erected pursuant to subsection 5, unless

the violation results in injury to any person performing highway construction or maintenance

or other work in the temporary traffic control zone or in damage to property in an

amount equal to $1,000 or more.