NRS484D.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.

      [Part 23:122:1925; A 1929, 349; 1931, 136; 1947, 532; 1951, 263; 1953, 628; 1955, 45]—(NRS A 1957, 616; 1969, 726; 1981, 220; 1985, 1955; 2009, 1605; 2011, 1005)—(Substituted in revision for NRS 484.755)