Understand the Nevada driving laws that you broke regarding speed.
Nevada Driving Laws Regarding Speed
This table summarizes Nevada State
statutes related to speed.
General Reference:
West's Annotated Nevada Codes
Basis for a Speed Law Violation:
Basic Speed Rule:
No person shall drive a vehicle at a speed
greater than is reasonable or prudent having due regard for weather, visibility, the
traffic on, and surface and width of, the highway.(1) In no
event, shall a speed such as to endanger the safety of persons or property. Veh. Code
§22350
55 MPH on two lane undivided highway Veh. Code
§22349(b)
35 MPH (prima facie limit) on non-State highways located in moderate density
residentail districts within the Town of Apple Valley(3)
Veh. Code §§22352(a)(3) and 22352.1(a) & (b)
25 MPH(4) (prima facie limit) in a business or
residence district Veh. Code §22352(a)(2)
25 MPH near a children's playground(5) Veh. Code §22357.1
15 MPH(6) (prima facie limit) on any alley Veh.
Code §22352(a)(1)(C)
Posted (Maximum) Speed Limit:
I. Based on engineering and traffic surveys, the
State Department of Transportation may establish prima facie speed limits of 60,
55, 50, 45, 40, 35, 30 or 25 MPH on the State highway system.(7)
Veh. Code §22354
II. Based on engineering and traffic surveys, a local government may increase the above prima
facie 25 MPH speed limit. Such government may establish prima facie speed
limits of 30, 35, 40, 45, 50, 55, 60 or 65 MPH on highways under its jurisdiction.(8) Veh. Code §22357
III. Notwithstanding other provisions of law, a city or county located within the South
Coast Air Quality Management District may establish on unpaved roads a prima facie
speed limit lower than permitted in order to comply with air quality standards. Veh. Code
§22365
IV. Based on engineering and traffic surveys, a local government may decrease the 65 MPH
speed limit on applicable highways within its jurisdiction. Such government may establish prima
facie speed limits of 60, 55, 50, 45, 40, 35, 30 or 25 MPH on such highways. Veh.
Code §§22358(a) & 22360
V. Based on engineering and traffic surveys, a local government may decrease the above 25
MPH prima facie speed limit to either 15 or 20 MPH on streets under its
jurisdiction having a width not more than 25 feet. Veh. Code §22358.3
VI. Based on engineering and traffic surveys, a local government may lower the above 25
MPH prima facie 15 or 20 MPH for business and residential districts or school
zones. Veh. Code §22358.4
VII. Based on engineering and traffic surveys, the State or a local government on highways
within their respective jurisdictions may establish different prima facie speed
limits for different roadways. Veh. Code §22361.
VIII. When ice or snow conditions exist, the State Department of Transportation or a local
government on highways under their respective jurisdictions may establish prima facie
speed limits of 40, 35, 30 or 25 MPH. Veh. Code §22363
IX. Based on engineering and traffic surveys, the State Department of Transportation may
establish different speed limits for highway lanes on the State highway system. Veh. Code
§22364
X. The State Department of Transportation or a local government may establish a safe
maximum speed limit (but not <5 MPH) for bridges, elevated structures, tubes or tunnels
on the highway under their respective jurisdictions. Veh. Code §§22402, 22403, 22404
& 22405
Minimum Speed Limit:
I. A person shall not drive a vehicle at such a
slow speed as to impede or block the normal and reasonable movement of traffic. Veh. Code
§22400(a)
II. A person, driving at less than the normal speed of traffic, shall drive in the
right-hand lane for traffic or as close as practicable to the right-hand edge or curb.
Veh. Code §21654(a)
Posted (Minimum) Speed Limit:
Based on engineering and traffic surveys, the
State Department of Transportation may establish a minimum speed on any part of the State
highway system. Veh. Code §22400(b)
Other:
I. 55 MPH(9) is
the maximum speed for: (1) A motortruck, (2) a track tractor having three or more axles,
(3) a motortruck or track tractor drawing any other vehicle, (4) a passenger vehicle or
bus drawing any other vehicle, (5) a schoolbus while transporting pupils, (6) a farm labor
vehicle while transporting passengers, (7) a vehicle transporting explosives or (8) a
trailer bus. Veh. Code §22406
II. 25 MPH is the maximum speed for vehicles with solid tires and having a gross vehicle
weight for 10,000 but <16,000 lbs. Veh. Code §22409
III. 15 MPH is the maximum speed for vehicles equipped with solid tires and having a gross
vehicle weight for 16,000 but <22,000 lbs. Veh. Code §22409
IV. 6 MPH is the maximum speed for vehicles equipped with metal tires. Veh. Code §22410
Adjudication of Speed Law Violations:
Civil/Criminal Adjudication of Violation:
All Law Speed Violations are Infractions. Veh.
Code §§22351, 40000.1 & 42001(a)
Other:
Important. See Miscellaneous
Sanctions below.
Sanctions Following an Adjudication of a
Speed Law Violation:
Imprisonment:
Criminal Sanctions:
Term (Day, Month, Years, Etc.):
Mandatory Minimum Term:
None
Fine:
Amount ($ Range):
1st offense-Not more than $100(10)2nd offense (within 1 year)-Not more than $200103rd or subsequent offense (within 1 year)-Not more than $25010
Veh. Code §42001(a)(1), (2) & (3) See III under Miscellaneous Sanctions below.
Mandatory Min. Fine ($):
None
Other Penalties:
Traffic School:
The court may order an offender to attend a
traffic violator school. Veh. Code §42005
Other:
Traffic Violation Points.(11) An offender is assessed 1 point on their driving record.
Veh. Code §12810(e)
Licensing Action:
Type of Licensing Action (Susp/Rev):
Suspension Veh. Code §13200
Term of License Withdrawal (Days, Months, Years,
etc.):
1st offense-Not more than 30 days2nd offense-Not more than 60 days3rd or subsequent offense-Not
more than 6 months Veh. Code §13200(12)
Mandatory Minimum Term of Withdrawal:
None
Miscellaneous Sanctions Not Included Elsewhere:
I. The following fines apply to offenses
involving exceeding the basic speed rule (Veh. Code §22350), exceeding 55 MPH in a bus,
motor truck, truck tractor (with 3 or more axles) or any motor truck or truck tractor
drawing any other vehicle (Veh. Code §22406) or exceeding the speed established for a
bus, motor truck, truck tractor (with 3 or more axles) or any motor truck or truck tractor
drawing any other vehicle when descending a grade (Veh. Code §22407): 1st offense-Not
more than $1001st offense (where speed was 10 MPH over the
limit)-Not more than $2002nd or subsequent offense-Not more than $300
Veh. Code §42000.5
II. For speeding in a tank vehicle transporting >500 gallons of flammable liquids, in
willful or wanton disregard for the safety of others, a person is subject to the following
additional sanctions: 1st offense-Not more than $5002nd
or subsequent offense (within 2 years)-Not more than $2,000 and
suspension of hazardous material or cargo tank endorsement for 6 months Veh. Code
§22406.5
III. If the imposition of a fine for an infraction would impose a hardship on an offender
or their family, the court may sentence such person perform community service in lieu of
the "total fine" (i.e., the base fine, all assessments, penalties and additional
monies). Penal Code §1209.5
Speed Contest: 1st offense-24
hours to 90 daysSubsequent offense (within 5 years)-4 days to 6
months Veh. Code §23109(e) & (f) Exhibition of Speed: Not more than 90 days Veh. Code §23109(i)
Mandatory Minimum Term:
Speed Contest: 1st offense-NoneSubsequent offense (within 5 years)-48 hours Veh. Code §23109(f) Exhibition of Speed: None
III. Traffic Violation Points.11 For either offense, a
defendant is assessed 1 point on their driving record. Veh. Code §12810(e)
Fine ($ Range):
Speed Contest: 1st offense-$355
to $1,000(14)Subsequent offense (within 5
years)-$500 to $1,00014 Veh. Code §23109(e) & (f) Exhibition of Speed: Not more than $50014 Veh. Code
§23109(i)
Mandatory Minimum Fine:
Speed Contest: 1st or subsequent
offense (within 5 years)-NoneExhibition of Speed: None
Administrative Licensing Action:
Licensing Authorized and Type of Action:
For Speed Contest-Suspension
Veh. Code §13352(a)(8) and 23109(e) & (f)
Length of Term of Licensing Withdrawal:
Speed Contest: 1st offense-Suspension
90 days to 6 months Veh. Code §§13352(a)(8) & 23109(e) Subsequent
offense (within 5 years)-Suspension 6 months Veh. Code
§§13352(a)(9) & 23109(f) Exhibition of Speed: None
Mandatory Action--Minimum Length of License
Withdrawal:
Speed Contest: 1st or subsequent
offense (within 5 years)-None(15) Exhibition of Speed: None
Other:
I. Speed Contest: 1st or subsequent
offense (within 5 years)-If the vehicle is owned by the offender, it may be impounded
from 1 day to 30 days. Veh. Code §23109(h)
II. For either offense, the court may order an offender to attend a traffic violator
school. Veh. Code §42005
III. Traffic Violation Points.11 An offender is assessed 2
points on their driving record. Veh. Code §12810(d)(1)
Suspension
or Revocation Veh. Code §§13200 & 13351(a)(2)
Length of Term of
License
Withdrawal Action:
1st offense-Suspension
for not more than 30 days 2nd offense-Suspension for not more than 60 days 3rd or subsequent offense-Suspension for not more than 6 months
Veh. Code §13200 Three (3) or more offenses (within 12 months)-Revocation for 3
years. Veh. Code §13351(a)(2) & (b)
Mandatory Term of
License Withdrawal Action:
Three (3) or more
offenses (within 12 months)-Revocation for 3 years. Veh. Code
§13351(a)(2) & (b)
Other:
I. The court may
order an offender to attend a traffic violator school. Veh. Code §42005
II. Traffic Violation Points.11 An offender is assessed 2
points on their driving record. Veh. Code §12810(c)
III. Impoundment. If the reckless driving offense involved motor vehicle
operation at a speed 100 MPH, the vehicle owned and driven by the offender may
be impounded for a 1st offense not more than 6 months and for a 2nd
offense not more than 12 months. Veh. Code §§14602 (repealed
7/1/99), 23524 (effective 7/1/99) & 23592 (effective 7/1/99)
1st offense
(Misdemeanor)-30 days to 6 months (in the county jail) Subsequent offense (Misdemeanor/Felony)-30 days to 6 months (in
either the State prison(17) or county jail) Veh. Code
§23104(a) & (b)
Mandatory Minimum Term of Imprisonment:
None
Fine ($ Range):
1st or subsequent offense-$220 to
$1,00014 Veh. Code §23104(a) & (b)
1 year Veh. Code §13350(c)
Three (3) or more offenses (within 12 months)-Revocation for 3 years.
Veh. Code §13351(a)(2) & (b)
Mandatory Term of License Withdrawal Action:
1 year Veh. Code §13350(c)
Three (3) or more offenses (within 12 months)-Revocation for 3 years.
Veh. Code §13351(a)(2) & (b)
Other:
I. The court may order an offender to attend a
traffic violator school. Veh. Code §42005
II. Traffic Violation Points.11
An offender is assessed 2 points on their driving record. Veh. Code §12810(c)
Speed in Excess of 100 MPH:
Infraction Veh. Code §22348(b)
Sanction:
Criminal:
Imprisonment (Term):
None
Mandatory Minimum Term of Imprisonment:
Fine ($ Range):
1st or subsequent offense-Not more than $50010
Veh. Code §§22348(b) & 42000.1 See III Other below.
Mandatory Minimum Fine:
None
Administrative Licensing Actions:
Type of Licensing Action (Susp/Rev):
Suspension Veh. Code
§§22348(b), 13200.5 and 13355(a) & (b)
Length of Term of License Withdrawal Action:
1st offense-Not more than 30 days
Veh. Code §§22348(b)(1) & 13200.5 2nd offense (within 3 years)-6
months Veh. Code §§22348(b)(2) & 13355(a) 3rd or subsequent offense
(within 5 years)-1 year Veh. Code §§22348(b)(3) & 13355(b)
Mandatory Term of License
Withdrawal Action:
None Note: For a 1st offense,
suspension is discretionary. For 2nd and subsequent offenses, suspension is mandatory.
However, restricted driving privileges are available to allow an offender either to travel
to and from work or to perform employment related duties. Veh. Code §§22348(b)(1),
13200.5 and 13355(a) & (b)
Other:
I. The court may order an offender to attend a
traffic violator school. Veh. Code §42005
II. Traffic Violation Points.11 An offender is assessed 2
points on their driving record. Veh. Code §12810(d)(1)
III. If the imposition of a fine for an infraction would impose a hardship on an offender
or their family, the court may sentence such person perform community service in lieu of
the "total fine" (i.e., the base fine, all assessments, penalties and additional
monies). Penal Code §1209.5
No person may operate a CMV if they have either
(1) been convicted of 2 "serious traffic violations"(20)
within a 3 year period or (2) been convicted of 3 such violations within a 3 year period
while driving a CMV. Veh. Code §§15306 & 15308
1. It is a prima facie violation of the
basic speed rule to exceed a construction zone speed limit. A construction zone speed
limit cannot be <25 MPH. Veh. Code §22362
2. Based upon engineering and traffic surveys, the
State Department of Transportation may increase the maximum speed limit to 70 MPH. Veh.
Code §22356(a) Note: Neither the 65 MPH nor 70 MPH maximum speed limits apply to certain
types of vehicles per Veh. Code §22406.
3. Via a demonstration project, the Town of Apple
Vally may establish a prima facie speed limit of 35 MPH on non-State highways
which are located in moderate density residence districts. Veh. Code §22352.1 This
demonstration project remains in effect only until March 1, 2001.
4. Or (1) when passing a school, which is not
separate from the highway by a physical barrier, with a standard "school"
warning sign while children are going to or leaving the school or during school hours or
(2) when passing a facility used by senior citizens with a standard "senior"
warning sign. Veh. Code §22352(b)(2) & (3)
5. This limit is established by local authorities.
6. Or when traversing either a uncontrolled railway
crossing or uncontrolled highway intersection where the driver does not have a clear and
unobstructed view. Veh. Code §22352(a)(1)(A) & (B)
7. Also, based on engineering and traffic surveys,
the State Department of Transportation may establish different speed limits for various
times of the day or night. Veh. Code §22355
8. A local government may also establish a prima
facie speed limit of 25 MPH on highways under their jurisdiction that are adjacent to
a children's playground in a public park. However, such a speed limit is only to be
effective during hours when children are expected to use such playground. Veh. Code
§22357.1
9. Based on engineering and traffic surveys, the
State Department of Transportation may reduce the 55 MPH maximum speed limit for
motortrucks or truck tractors having gross vehicle weight 10,000 lbs. while in a
descending grade. The speed limit for these vehicles may be established at 50, 45, 40, 35,
30, 25 or 20 MPH. Veh. Code §22407
10. A person, who commits a exceeds the speed limit,
a traffic infraction, on certain the segments of certain highways, is subject to a fine
sanction which is one category higher than the amount otherwise prescribed by the
uniform traffic fine schedule. The prescribed sanction applies on (1) Route 37, between
the intersection with Route 121 and the intersection with Route 29, (2) Route 4, between
the intersection with Cummings Skyway and the intersection with Route 80, (3) Route 74,
between the intersection with Route 5 and the intersection with the Riverside-Orange
County line, (4) Route 46, between the intersection with Route 101 and the junction with
Route 41, (5) Route 12, between the intersection with Walters Road in the City of Suisun
and the intersection with Lower Sacramento Road in the City of Lodi, and (6) the Golden
Gate Bridge. Note: Additional forfeitures or assessments, which are based on the fine
imposed, are to be calculated using only the base fine prior to the above
enhancement. Streets and Highways Code §97 and Veh. Code §§40310 & 42010 Veh.Code
§40310 provides that the Nevada Judicial Council shall establish a uniform traffic
fine schedule. Streets and Highways Code §97 and Veh. Code §42010 are effective only
until January 1, 2000.
11. Point System. A person, who
accumulates the request number of points on their driving record, is presumed to be a
negligent driver. Such a driver can have their driving privileges suspended for not more
than 6 months. However, they may obtain restricted driving privileges for use during the
scope of their employment. A person is presumed to be negligent driver if they accumulate
either 4 or more points in 12 months, 6 or more points in 24 months, or 8 or more points
in 36 months. Veh. Code §§12809, 12810, 12810.5, 12812, 13556 & 13359
12. This code provision does not state a time period
within which a second or subsequent offense must be committed after a first in order to
impose enhanced sanctions. As a result, it appears that the enhanced licensing sanctions
apply regardless of the time lapse between first, second or subsequent offenses.
13. The law makes it an offense to "engage in
any motor vehicle speed contest on a highway" or "engage in any exhibition of
speed on a highway".
14. Double Fines. A fine, double
the amount otherwise prescribed by law, may be imposed on a person, who commits a either
racing or reckless driving misdemeanor offense on the segments of certain highways. The
prescribed sanction applies on (1) Route 37, between the intersection with Route 121 and
the intersection with Route 29, (2) Route 4, between the intersection with Cummings Skyway
and the intersection with Route 80, (3) Route 74, between the intersection with Route 5
and the intersection with the Riverside-Orange County line, (4) Route 46, between the
intersection with Route 101 and the junction with Route 41, (5) Route 12, between the
intersection with Walters Road in the City of Suisun and the intersection with Lower
Sacramento Road in the City of Lodi, and (6) the Golden Gate Bridge. Note: Additional
forfeitures or assessments, which are based on the fine imposed, are to be calculated
using only the base fine prior to the above enhancement. Streets and Highways Code
§97 and Veh. Code §42010 These sections are repealed January 1, 2000.
15. For either a first or subsequent offense, an
offender may obtain restricted driving privileges for the purpose of traveling to and from
work or to perform duties within the scope of their employment. Veh. Code §23109(e) &
(f)
16. Eluding a Police Officer. A
person, who either flees or attempts to elude a police while driving "in a willful or
wanton disregard for the safety of persons or property," is subject to the following
sanctions. They are subject to imprisonment in either the State prison or county jail for
6 months to 1 year and/or a fine of not less than $1,000 not more than $10,000. The law
defines "willful or wanton disregard for the safety of persons or property" to
include (but is not limited to) the commission of three or more traffic law violations for
which points can be assigned under Veh. Code §12810 (e.g., exceeding the speed limit,
racing on the highway, reckless driving) while fleeing or attempting to edule a police
officer. Veh. Code §2800.2
17. Under Penal Code §17, a person, who is punished
by imprisonment in the State prison, is considered to have committed a felony.
18. The offender is also subject to license
suspension for not more than 6 months under Veh. Code §13201.
19. A person who has obtained a commercial driver's
license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor
vehicle is defined as a vehicle designed to carry either passengers or property and either
has a gross vehicle weight of 26,001 lbs., were the towed vehicle weighs 10,000 lbs., is a
trailer bus, is carrying a hazardous materials which require that the vehicle to be
placarded in under either the Vehicle or Health and Safety codes. Veh. Code
§§12804.9(b), 15210(b)(1) & (k) and 15278(a)(4)
20. A "serious traffic violation" includes
exceeding the speed limit by 15 or more MPH or reckless driving. Veh. Code §15210(i), 49
USC §31301(12) & 49 CFR 383.5
