Nevada § 484D.675 - Enforcement by law enforcement agencies; weighing; requiring removal of excess load; penalty

§ 484D.675. Enforcement by law enforcement agencies; weighing; requiring removal of excess load; penalty

1. Authority for the enforcement of the provisions of NRS 484D.630 to 484D.680 , inclusive, is vested in certain law enforcement agencies in this State. 2. Any category I peace officer, officer of the Nevada Highway Patrol or inspector

acting within his or her jurisdiction who has reasonable suspicion that the weight

of a vehicle and load is unlawful may require the driver to stop and submit to a weighing

of the vehicle either by means of portable or stationary scales and may require that

the vehicle be driven to the nearest public scales, if they are within 5 miles. Reasonable suspicion is not required before use of any device that weighs a vehicle

without requiring the driver to stop the vehicle or leave the roadway. 3. An officer of the Nevada Highway Patrol, a category I peace officer or an inspector

upon weighing a vehicle and load as provided in subsection 2 who determines that the

weight is unlawful may require the driver to stop in a suitable place and remove such

portion of the load as may be necessary to reduce the gross weight of the vehicle

to those limits permitted under NRS 484D.630 to 484D.680 , inclusive. All materials so unloaded must be cared for by the carrier of the material and at

the carrier's expense. The officer of the Nevada Highway Patrol, category I peace officer or inspector

may allow the driver of the inspected vehicle to continue on his or her journey if

any overload does not exceed by more than 5 percent the limitations prescribed by NRS 484D.630 to 484D.680 , inclusive, but the penalties provided in NRS 484D.680 must be imposed for the overload violation. 4. Any driver of a vehicle who fails or refuses to stop and submit the vehicle and

load to a weighing, or who fails or refuses when directed by an officer of the Nevada

Highway Patrol, a category I peace officer or an inspector upon a weighing of the

vehicle to stop and otherwise comply with the provisions of NRS 484D.630 to 484D.680 , inclusive, is guilty of a misdemeanor. 5. As used in this section: (a) “ Category I peace officer ” means a peace officer, as defined in NRS 289.460 , who: (1) Has received specialized training concerning vehicle weight enforcement; (2) Is certified by the Commercial Vehicle Safety Alliance to perform a North American

Standard Inspection; and (3) Has completed a vehicle weight enforcement training program that is specific to

this State and conducted by the Nevada Highway Patrol. (b) “ Inspector ” means an inspector of the Department of Motor Vehicles or the Department of Public

Safety who has completed a vehicle weight enforcement training program that is specific

to this State and conducted by the Nevada Highway Patrol. (c) “ Law enforcement agency ” has the meaning ascribed to it in NRS 202.873 . (d) “ North American Standard Inspection ” has the meaning ascribed to it in 49 C.F.R. § 350.105 .