Nev. Rev. Stat. § 484B.210

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 484B.210 - When overtaking on right side allowed; additional penalty for violation committed in work zone or pedestrian safety zone
1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the driver of the vehicle overtaken is making or signaling to make a left turn.
(b) Upon a highway with unobstructed pavement which is not occupied by parked vehicles and which is of sufficient width for two or more lines of moving vehicles in each direction.
(c) Upon a highway with unobstructed pavement which is not marked as a traffic lane and which is not occupied by parked vehicles, if the vehicle that is overtaking and passing another vehicle:
(1) Except as otherwise provided in subsection 4, does not travel more than 200 feet in the section of pavement not marked as a traffic lane; or
(2) While being driven in the section of pavement not marked as a traffic lane, does not travel through an intersection or past any private way that is used to enter or exit the highway.
(d) Upon any highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.
3. The driver of a vehicle shall not overtake and pass another vehicle upon the right when such movement requires driving off the paved portion of the highway.
4. The provisions of subparagraph (1) of paragraph (c) of subsection 1 do not apply to:
(a) An authorized emergency vehicle described in NRS 484A.480;
(b) A vehicle which has been issued a permit to operate as an authorized emergency vehicle pursuant to NRS 484A.490;
(c) A traffic incident management vehicle;
(d) A tow car;
(e) A coroner vehicle; or
(f) A public transit motor bus,

that is being driven on the paved shoulder of a highway where lawfully placed signage allows that vehicle to use the shoulder in that manner.

5. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.
6. As used in this section:
(a) "Coroner vehicle" means an authorized vehicle used by a county coroner, medical examiner or medicolegal death investigator:
(1) Responding to the scene of a death; or
(2) Transporting a dead human body.
(b) "Hazardous material vehicle" means a vehicle used by the Department of Transportation for the cleanup of a spill of hazardous or illicit material, solid waste or other environmental hazards on or adjacent to a highway or within the rights-of-way of the Department of Transportation.
(c) "Public transit motor bus" means a vehicle used by a public transit system, designed for carrying more than 10 passengers and used for the transportation of persons for compensation.
(d) "Public transit system" has the meaning ascribed to it in NRS 277A.120.
(e) "Traffic incident" means any vehicle, person, condition or other traffic hazard which is located on or near a roadway and which poses a danger to the flow of traffic or to a person involved in, responding to or assisting with the traffic hazard.
(f) "Traffic incident management vehicle" means an authorized vehicle used by the Department of Transportation to provide aid to motorists or to mitigate traffic incidents and which makes use of flashing amber warning lights that meet the requirements of subsection 1 of NRS 484D.185 and any standards approved by the Department of Public Safety. The term includes:
(1) Vehicles operating as part of the Freeway Service Patrol of the Department of Transportation; and
(2) Vehicles, including, without limitation, hazardous material vehicles, which respond to traffic incidents, motor vehicle crashes or other emergencies for purposes other than providing police, fire and emergency medical services.

NRS 484B.210

((Added to NRS by 1969, 1499; A 2003, 3239; 2009, 153; 2015, 1564)-(Substituted in revision for NRS 484.297) )
Amended by 2023, Ch. 125,§1, eff. 1/1/2024.
Amended by 2015, Ch. 312,§8, eff. 10/1/2015.
(Added to NRS by 1969, 1499; A 2003, 3239; 2009, 153)-(Substituted in revision for NRS 484.297 )