Section 484D.495 - [Effective until the date the Federal Government rescinds the requirement for the installation of automatic restraints in new private passenger motor vehicles, if that action is based upon the enactment or continued operation of certain amendatory and transitory provisions contained in chapter 480, Statutes of Nevada 1987] Safety belts and shoulder harness assembly; requirements for driver, child and other passenger; penalties; exemptions1. It is unlawful to drive a passenger car manufactured after: (a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.(b) January 1, 1970, on a highway unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff's office.(c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.2. Any person driving, and any passenger who: (a) Is 6 years of age or older; or(b) Is 57 inches tall or more, regardless of age, who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 10,000 pounds, on any highway, road or street in this State shall wear a safety belt if one is available for the seating position of the person or passenger.
3. A civil infraction citation must be issued pursuant to NRS 484A.7035 to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child who:(a) Is 6 years of age or older but less than 18 years of age, regardless of height; or(b) Is less than 6 years of age but is 57 inches tall or more, a civil infraction citation must be issued pursuant to NRS 484A.7035 to the driver for failing to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one civil infraction citation may be issued to the driver for both violations. A civil infraction citation may be issued pursuant to NRS 484A.7035 only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a civil penalty of not more than $25 or by a sentence to perform a certain number of hours of community service.
4. A violation of subsection 2:(a) Is not a moving traffic violation under NRS 483.473.(b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484B.653.(c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.5. The Department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.6. The provisions of subsections 2 and 3 do not apply: (a) To a driver or passenger who possesses a written statement by a physician or an advanced practice registered nurse certifying that the driver or passenger is unable to wear a safety belt for medical or physical reasons;(b) If the vehicle is not required by federal law to be equipped with safety belts;(c) To an employee of the United States Postal Service while delivering mail in the rural areas of this State;(d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or(e) Except as otherwise provided in NRS 484D.500, to a passenger riding in a means of public transportation, including a school bus or emergency vehicle.7. It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.Amended by 2021, Ch. 506,§63, eff. 1/1/2023.Amended by 2021, Ch. 42,§3, eff. 1/1/2022.Amended by 2019, Ch. 93,§16, eff. 5/21/2019.(Added to NRS by 1969, 1209; A 1985, 1953, 2294; 1987, 1106; 2001 Special Session, 151; 2003, 274, 506, 2080)-(Substituted in revision for NRS 484.641 ), effective until the date the Federal Government rescinds the requirement for the installation of automatic restraints in new private passenger motor vehicles, if that action is based upon the enactment or continued operation of certain amendatory and transitory provisions contained in chapter 480, Statutes of Nevada 1987This section is set out more than once due to postponed, multiple, or conflicting amendments.