reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.405 - "Concentration of alcohol of 0.08 or more in his or her blood or breath" defined. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.] "Concentration of alcohol of 0.10 or more in his or her blood or breath" defined. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

As used in NRS 488.410, 488.420 and 488.425, the phrase "concentration of alcohol of 0.08 or more in his or her blood or breath" means 0.08 gram or more per 100 milliliters of the blood of a person or per 210 liters of his or her breath.
(Added to NRS by 1989, 292; A 1997, 330; 1999, 2462; 2003, 2563; 2005, 154)
As used in NRS 488.410, 488.420 and 488.425, the phrase "concentration of alcohol of 0.10 or more in his or her blood or breath" means 0.10 gram or more per 100 milliliters of the blood of a person or per 210 liters of his or her breath.
(Added to NRS by 1989, 292; A 1997, 330; 1999, 2462; 2003, 2563; 2005, 154, 155, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.427 - Penalty for second or subsequent felony; exception; segregation of offender; plea bargaining prohibited; aggravating factor.

1. Unless a greater penalty is provided pursuant to NRS 488.425, a person who violates the provisions of NRS 488.410 and who has previously been convicted of a violation of NRS 488.420 or 488.425 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct as set forth in NRS 488.420 or 488.425 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. The facts concerning a prior violation of NRS 488.420 or 488.425 must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing.
3. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 488.410 against a person previously convicted of violating NRS 488.420 or 488.425 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.
4. If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
(Added to NRS by 2005, 615; A 2005, 22nd Special Session, 105; 2007, 1464)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.430 - Evaluation of certain offenders before sentencing.

1. Before sentencing a defendant pursuant to NRS 488.420, 488.425 or 488.427, the court shall require that the defendant be evaluated to determine whether the defendant has an alcohol or other substance use disorder and whether the defendant can be treated successfully for his or her condition.
2. The evaluation must be conducted by:
(a) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make such an evaluation;
(b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or
(c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.
3. The alcohol and drug counselor, clinical alcohol and drug counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.
(Added to NRS by 1997, 328; A 1999, 1886, 3074; 2001 Special Session, 246; 2005, 156, 616; 2007, 3093)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.440 - Fee for chemical analysis.

1. If a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, a violation of NRS 488.410, 488.420 or 488.425 and a chemical analysis of his or her blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the court’s docket.
2. All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.
3. The treasurer shall deposit all money received pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.
4. Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
5. In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:
(a) Except as otherwise provided in paragraph (b), must be:
(1) Expended to pay for the chemical analyses performed within the county;
(2) Expended to purchase and maintain equipment to conduct such analyses;
(3) Expended for the training and continuing education of the employees who conduct such analyses; and
(4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.
(b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by or training for employees of an analytical laboratory that is approved by the Committee on Testing for Intoxication created in NRS 484C.600.
(Added to NRS by 1997, 328; A 2003, 1496; 2005, 157; 2007, 1464)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.450 - Implied consent to preliminary test of breath; failure to submit to test; use of results of test.

1. Any person who operates or is in actual physical control of a power-driven vessel or sailing vessel under way on the waters of this State shall be deemed to have given consent to a preliminary test of his or her breath to determine the concentration of alcohol in his or her breath when the test is administered at the request of a peace officer after a power-driven vessel or sailing vessel accident or collision while under way or where an officer stops a power-driven vessel or sailing vessel under way, if the officer has reasonable grounds to believe that the person to be tested was:
(a) Operating or in actual physical control of a power-driven vessel or sailing vessel under way while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.
2. If the person fails to submit to the test, the officer shall, if reasonable grounds otherwise exist, arrest the person and take him or her to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
(Added to NRS by 1997, 329; A 1999, 2464, 3432; 2001, 172; 2005, 157; 2015, 2542; 2023, 548)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.470 - Requirements for evidentiary test of breath to determine concentration of alcohol in breath; refusal or failure to submit to test.

1. Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the concentration of alcohol in a person’s breath may be used to establish that concentration only if two consecutive samples of the person’s breath are taken and:
(a) The difference between the concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;
(b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or
(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 488.460, the fourth evidentiary test must be a blood test.
2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the concentration.
3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, such refusal or failure constitutes a failure to submit to a required evidentiary test as provided in NRS 488.460.
(Added to NRS by 1997, 329; A 1999, 2466; 2015, 2544)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.490 - Opportunity of arrested person to choose qualified person to administer test; substitution for evidentiary test prohibited.

1. A person who is arrested for operating or being in actual physical control of a power-driven vessel or sailing vessel under way while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 must be permitted, upon the person’s request and at his or her expense, reasonable opportunity to have a qualified person of his or her own choosing administer a chemical test to determine:
(a) The concentration of alcohol in his or her blood or breath; or
(b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his or her blood or urine.
2. The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.
(Added to NRS by 1987, 628; A 1999, 2467, 3435; 2001, 172; 2005, 160; 2023, 550)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.500 - Admissibility of results of blood test in criminal action; immunity from liability for person administering blood test in certain circumstances.

1. The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a power-driven vessel or sailing vessel under way while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine or who was engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 unless:
(a) The blood tested was withdrawn by a person, other than an arresting officer, who:
(1) Is a physician, registered nurse, licensed practical nurse, advanced emergency medical technician, paramedic or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or
(2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction that qualifies him or her to take an examination in phlebotomy that is administered by the American Medical Technologists or the American Society for Clinical Pathology; and
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.
(Added to NRS by 1987, 628; A 1999, 3435; 2005, 160, 2043; 2013, 106, 964; 2015, 2545; 2023, 550)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.510 - Presumption that solution or gas used to calibrate or verify calibration of device for testing breath is properly prepared.

If:
1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating, or to verify the calibration of, a device for testing a person’s breath to determine the concentration of alcohol in his or her breath; and
2. A person who is certified pursuant to NRS 484C.620 examines the solution or gas, confirms the concentration of alcohol contained in the solution or gas and makes an affidavit or declaration that identifies the concentration of alcohol contained in the solution or gas and states that the solution or gas has the chemical composition that is necessary for use in accurately calibrating, or verifying the calibration of, the device,
it is presumed that the solution or gas has been properly prepared and is suitable for use in calibrating, or verifying the calibration of, the device.
(Added to NRS by 1987, 629; A 1993, 2079; 1999, 2467; 2013, 289)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.520 - Analysis of blood of deceased victim of accident involving vessel to determine presence and concentration of alcohol.

1. Any coroner, or other public officer performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a power-driven vessel or sailing vessel under way on the waters of this state, whether the person killed is the operator of the vessel or a passenger or other person, cause to be drawn from each decedent, within 8 hours after the accident, a blood sample to be analyzed for the presence and concentration of alcohol.
2. The findings of the examinations are a matter of public record and must be reported to the Commission by the coroner or other public officer within 30 days after the death.
3. Analyses of blood alcohol are acceptable only if made by laboratories licensed to perform this function.
(Added to NRS by 1987, 629; A 1999, 2468; 2023, 551)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.530 - Unlawful acts; inspections; authority of peace officers.

1. It is unlawful for any person at any time to:
(a) Launch a vessel into any body of water in this State for which the Department has approved an inspection program without first complying with that program;
(b) Refuse to comply with any requirements of the Department or any requirements of an inspection program approved by the Department; or
(c) Leave an impaired body of water in this State or any other state after operating a vessel on that impaired body of water and launch the vessel on any other body of water in this State without first decontaminating the vessel and any conveyance used on the impaired body of water.
2. In addition to any inspection conducted pursuant to NRS 488.900, each owner, operator or person in control of a vessel or conveyance shall stop at any mandatory inspection station for aquatic invasive species authorized by the Department. If a peace officer reasonably believes, based on articulable facts, that an aquatic invasive species or aquatic plant material may be present on the vessel or conveyance, the peace officer may:
(a) Require the owner, operator or person in control of the vessel or conveyance to decontaminate the vessel or conveyance; or
(b) In addition to any seizure required pursuant to NRS 488.910, impound or quarantine the vessel or conveyance.
3. A peace officer may stop and inspect a vessel or conveyance for the presence of aquatic invasive species or aquatic plant material, or for proof of a required inspection:
(a) Before a vessel is launched into a body of water in this State;
(b) Before a vessel or conveyance departs from a body of water in this State, a launch ramp or a vessel staging area;
(c) If the vessel or conveyance is visibly transporting any aquatic invasive species or aquatic plant material; or
(d) If the peace officer reasonably believes, based on articulable facts, that an aquatic invasive species or aquatic plant material is present.
4. If a peace officer conducts an inspection of a vessel or conveyance pursuant to this section and determines that an aquatic invasive species or aquatic plant material is present on the vessel or conveyance, the peace officer may order the vessel or conveyance to be decontaminated.
5. A peace officer may impound or quarantine a vessel if:
(a) An inspection conducted pursuant to this section indicates the presence of an aquatic invasive species or aquatic plant material on the vessel or conveyance; or
(b) The owner, operator or person in control of the vessel or conveyance refuses to:
(1) Submit to an inspection authorized pursuant to this section; or
(2) Comply with an order issued pursuant to this section to decontaminate his or her vessel or conveyance.
6. As used in this section, "impaired body of water" means any body of water in this State or any other state which the Commission or another governmental entity has identified as containing an aquatic invasive species.
(Added to NRS by 2011, 2402)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.533 - Impoundment or quarantine.

1. If a peace officer orders a vessel or conveyance to be impounded or quarantined pursuant to NRS 488.530, the vessel or conveyance may be impounded or quarantined for a reasonable period to ensure that the vessel or conveyance is inspected and decontaminated and that any aquatic invasive species or aquatic plant material is completely removed.
2. The owner of a vessel or conveyance which is impounded or quarantined is responsible for all costs associated with the impoundment or quarantine.
3. The Department may suspend the certificate of number or validation decal of an impounded or quarantined vessel until:
(a) The operator or owner of the vessel has completed the decontamination of the vessel; and
(b) The Department has inspected the vessel and determined that it is in compliance with NRS 488.530.
(Added to NRS by 2011, 2403)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.536 - Fees; decal; regulations; exceptions.

1. Except as otherwise provided in subsection 7, a person shall not operate a vessel on the waters of this State unless the person has:
(a) Paid to the Department the aquatic invasive species fee established pursuant to subsection 4; and
(b) Attached the aquatic invasive species decal issued pursuant to subsection 2 to the port side transom of the vessel so that the decal is distinctly visible.
2. The Department shall issue to a person who pays the fee established pursuant to subsection 4 an aquatic invasive species decal as evidence of the payment of the aquatic invasive species fee.
3. The Department shall fix a day and month of the year on which an aquatic invasive species decal expires. Only a valid decal may be displayed on a vessel.
4. The Commission shall establish by regulation an annual aquatic invasive species fee, which:
(a) For a power-driven vessel which is owned by a person in this State or operated by a person on the waters of this State, must not exceed $12; and
(b) For a vessel, other than a power-driven vessel, which is owned by a person in this State or operated by a person on the waters of this State, must not exceed $5.
5. Each aquatic invasive species decal is valid for 1 year, or 2 years if allowed by regulations adopted by the Commission. The Commission may adopt regulations for the renewal of an aquatic invasive species decal. The fee for the issuance or renewal of the decal for 2 years, if allowed, is an amount which is equal to twice the annual fee set forth in subsection 4. The fee for the issuance or renewal of an aquatic invasive species decal must be deposited in the Wildlife Account in the State General Fund and used by the Department for enforcement of this section and NRS 488.530, 488.533 and 503.597 and for education about and management of aquatic invasive species.
6. The provisions of this section do not apply to a person who operates a vessel on the waters of:
(a) The Colorado River, Lake Mead or Lake Mohave if, as determined by the Department, the vessel is registered in Arizona and Arizona has a program in effect for the management of aquatic invasive species; or
(b) Lake Tahoe or Topaz Lake if, as determined by the Department, the vessel is registered in California and California has a program in effect for the management of aquatic invasive species.
(Added to NRS by 2011, 2403; A 2013, 433; 2015, 104; 2017, 3641)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.540 - Commission may establish and maintain pilot rules; operator to maintain proper lookout; operation of vessel without required equipment prohibited.

1. The Commission may establish and maintain for the operation of vessels on the waters of this state pilot rules in conformity with the pilot rules contained in Federal Navigation Laws or the navigation rules promulgated by the United States Coast Guard.
2. A person shall operate a vessel in this state in conformance with the pilot rules adopted by the Commission.
3. The operator of any vessel in this state shall maintain a proper lookout for other vessels, obstructions or hazards. An operator of a vessel who fails to maintain a proper lookout and causes injury to another person or property damage to another vessel is guilty of a misdemeanor.
4. A person shall not operate or give permission for the operation of a vessel which is not equipped as required by this section and NRS 488.187 and 488.193.
(Added to NRS by 1977, 138; A 1985, 343; 1989, 1773; 2009, 365)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.550 - Collisions, accidents and other casualties.

1. The operator of a vessel involved in a collision, accident or other casualty shall, so far as the operator can do so without serious danger to his or her own vessel, crew and passengers, render to other persons affected by the casualty such assistance as may be practicable and as may be necessary to save them from or minimize any danger caused by the casualty, and shall give his or her name, address and the identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the casualty.
2. In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the casualty results in death or injury to a person or damage to property in excess of $2,000, shall file with the Department a full description of the casualty, including, without limitation, such information as the Commission may, by regulation, require.
3. Upon receipt of a claim under a policy of insurance with respect to a collision, accident or other casualty for which a report is required by subsection 2, the insurer shall provide written notice to the insured of the insured’s responsibility pursuant to subsection 2 to file with the Department a full description of the casualty.
4. Upon receipt of a request for repair with respect to a collision, accident or other casualty for which a report is required by subsection 2, the person who repairs the vessel shall provide written notice to the person requesting the repairs of the requirement set forth in subsection 2 that the operator file with the Department a full description of the casualty.
5. The insurer and the person who repairs a vessel shall transmit a copy of each notice they provide pursuant to subsections 3 and 4, respectively, to the Department at the same time the notice is provided to the insured or person requesting the repairs.
6. The Department shall investigate or cause to be investigated a collision, accident or other casualty involving a vessel which results in death or substantial bodily injury and shall gather evidence to be used in the prosecution of a person charged with violating a law in connection with the collision, accident or other casualty. The Department may investigate or cause to be investigated a collision, accident or other casualty involving a vessel which does not result in death or substantial bodily injury and may gather evidence to be used in the prosecution of a person charged with violating a law in connection with the collision, accident or other casualty.
(Added to NRS by 1960, 480; A 1965, 1066; 1971, 760; 1983, 334; 1985, 1968; 1993, 1651, 2015; 1999, 712; 2003, 1578; 2013, 1300)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.560 - Transmittal of information regarding collision or accident to federal agency.

In accordance with any request made by an authorized official or agency of the United States, any information compiled or otherwise available to the Department pursuant to NRS 488.550 must be transmitted to the official or agency of the United States.
(Added to NRS by 1960, 480; A 1965, 1066; 1971, 760; 1985, 1969; 1993, 1651; 2003, 1579)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.570 - Operation of vessel towing person on water skis, surfboard, inflatable device or similar device; operation of vessel within 100 feet of person being towed.

1. A person shall not operate a vessel on any waters of this state towing a person on water skis, a surfboard, an inflatable device or any similar device unless the operator:
(a) Is at least 16 years of age; or
(b) Is at least 14 years of age, if a passenger in the vessel is a person who is 18 years of age or older and is in a position to supervise the operator.
2. A person shall not operate a vessel on any waters of this state towing a person on water skis, a surfboard, an inflatable device or any similar device unless there is in the vessel a person, in addition to the operator, who is in a position to observe the person being towed and is:
(a) At least 14 years of age; or
(b) At least 12 years of age, if another passenger in the vessel is a person who is 18 years of age or older.
The observer shall continuously observe the person being towed and shall immediately display so as to be visible from every direction, an international orange flag of at least 12 inches in height by 12 inches in width when the person being towed is getting ready to be towed and has a rope or line extended to him or her, or ceases to be towed and is in the water awaiting pickup by the vessel.
3. When within 100 feet of the person in the water, every vessel, other than the vessel towing the person, must be operated at a speed that leaves a flat wake, but in no case may it be operated at a speed greater than 5 nautical miles per hour.
4. A person shall not operate a vessel on any waters of this state towing a person on water skis, a surfboard or similar device, or engage in waterskiing, surfboarding or similar activity from sunset to sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C.
5. The provisions of this section do not apply to a performer engaged in a professional exhibition or a person engaged in an activity authorized under NRS 488.305.
(Added to NRS by 1960, 480; A 1965, 1066; 1975, 647; 1985, 343; 1987, 764; 1991, 856; 2009, 365)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.575 - Wearing of life jacket by passenger younger than 13 years of age: Duty of person who operates, owns or controls vessel; exceptions.

1. Except as otherwise provided in subsection 2, a person shall not operate or authorize another person to operate a vessel under his or her ownership or control on any waters of this State unless each person on the vessel who is less than 13 years of age is wearing a life jacket of an appropriate size and type for the person for whom it is intended that has been approved by the United States Coast Guard and meets any requirements prescribed by the regulations of the Commission while the vessel is under way.
2. The provisions of subsection 1 do not apply to persons on board:
(a) A commercial vessel licensed by the United States Coast Guard for the transportation of passengers for hire; or
(b) Any other vessel who are below the deck or inside a cabin of the vessel.
(Added to NRS by 2001, 1948; A 2007, 1721; 2023, 551)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.580 - Operation of personal watercraft.

1. A person shall not operate or authorize another person to operate a personal watercraft under his or her ownership or control:
(a) In a reckless or negligent manner so as to endanger the life or property of another person.
(b) Unless the operator and each passenger is wearing a life jacket of an appropriate size and type for the person for whom it was intended that has been approved by the United States Coast Guard and meets any requirements prescribed by the regulations of the Commission.
(c) Unless the operator is at least 14 years of age.
(d) Unless the operator satisfies any applicable provisions of NRS 488.730.
2. There is prima facie evidence that a person is operating a personal watercraft in a reckless or negligent manner if that person commits two or more of the following acts simultaneously:
(a) Operates the personal watercraft within a zone closer than 5 lengths of the longest vessel, unless both are leaving a flat wake or traveling at a speed of not more than 5 nautical miles per hour.
(b) Operates the personal watercraft in the vicinity of a power-driven vessel in a manner that obstructs the visibility of either operator.
(c) Heads into the wake of a power-driven vessel which is within a zone closer than 5 lengths of the longest vessel and causes one-half or more of the length of the personal watercraft to leave the water.
(d) Within a zone closer than 5 lengths of the longest vessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid collision.
3. As used in this section, "personal watercraft" means:
(a) A class A power-driven vessel which:
(1) Is less than 13 feet in length;
(2) Is designed to be operated by a person sitting, standing or kneeling on, rather than in, the power-driven vessel;
(3) Is capable of performing sharp turns or quick maneuvers; and
(4) Has a motor that exceeds 10 horsepower.
(b) A mechanically propelled personal hydrofoil or motorized surfboard.
(Added to NRS by 1991, 852; A 2001, 1719, 1948; 2003, 74; 2023, 552)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.585 - Use of engine cut-off switch link required under certain circumstances; attachment of engine cut-off switch link.

1. A person who operates a recreational power-driven vessel that:
(a) Is less than 26 feet overall in length;
(b) Has a main helm that is not installed within an enclosed cabin;
(c) Is capable of developing 115 pounds or more of static thrust; and
(d) Is equipped with an engine cut-off switch or built on or after December 4, 2019,
shall use the engine cut-off switch link when the vessel is on plane or above displacement speed.
2. A person shall not operate a recreational power-driven vessel that is equipped with an engine cut-off switch unless the operator has attached the engine cut-off switch link to his or her body, clothing or properly worn personal flotation device.
3. As used in this section:
(a) "Engine cut-off switch" means a switch that, when activated in an emergency, provides the means to stop the mechanical propulsion system.
(b) "Engine cut-off switch link" means a device designed to attach the operator of a vessel to the system that stops the engine under emergency conditions. The term includes a lanyard or other mechanical device and a wireless cut-off device.
(c) "Static thrust" means the forward or backward thrust developed by propulsion machinery while stationary.
(Added to NRS by 2007, 405; A 2023, 552)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.590 - Overloading vessel prohibited.

No owner or operator of any vessel shall knowingly permit such vessel to be loaded with passengers or cargo beyond the maximum allowable weight capacity of such vessel, nor beyond its safe carrying capacity, taking into consideration weather and other operating conditions.
(Added to NRS by 1957, 570; A 1960, 483)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.600 - Unlawful operation of vessel: Reduced speed required in certain areas.

Every owner, operator or person in command of any vessel is guilty of a misdemeanor who operates it or permits it to be operated at a speed in excess of 5 nautical miles per hour in any of the following areas:
1. Within 100 feet of any person who is engaged in the act of bathing, wading, diving, floating or swimming.
2. Within 200 feet of any:
(a) Beach frequented by persons who engage in the acts of bathing, wading, diving, floating or swimming.
(b) Swimming float, diving platform or lifeline.
(c) Way or landing float to which vessels are made fast or which is used for the embarkation or discharge of passengers.
[1:143:1951]—(NRS A 1999, 960)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.610 - Unlawful operation of vessel in restricted area; designation and marking of restricted areas.

1. No person may operate a vessel, other than a patrol vessel, in an area designated as restricted, except in an emergency. Such area shall be designated only with the consent of the Commission and shall be clearly marked.
2. The Commission may adopt regulations relating to the operation of vessels in areas properly marked by divers’ flags or other suitable devices.
(Added to NRS by 1963, 105; A 1965, 1066; 1971, 760)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.620 - Operation of vessel in area marked for bathing, wading, diving, floating or swimming.

A person shall not operate a vessel within a water area which is clearly marked by buoys or some other distinguishing device as an area designated for bathing, wading, diving, floating or swimming. Such an area must be so marked only with the consent of the Commission.
(Added to NRS by 1957, 570; A 1960, 483; 1985, 343; 1999, 960)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.630 - Operation of vessel in unsafe condition; penalties.

1. A game warden, sheriff or other peace officer of this State or any of its political subdivisions who observes a vessel being operated in an unsafe condition may direct the operator of the vessel to take immediate steps to correct the condition. If the condition cannot be corrected immediately and constitutes an immediate risk of bodily injury or damage to property, the peace officer may order the operator to remove the vessel to port or the nearest safe moorage.
2. For the purposes of this section, a vessel is being operated in an unsafe condition if it:
(a) Is overloaded beyond the manufacturer’s recommended safe loading capacity;
(b) Has an insufficient number of personal flotation devices approved by the United States Coast Guard;
(c) Has no fire extinguisher as required by NRS 488.193;
(d) Fails to display the proper navigational lights between sunset and sunrise;
(e) Is leaking fuel or has fuel in the bilges;
(f) Is improperly ventilated;
(g) Has an improper device for controlling backfire flame; or
(h) Is being operated in extremely adverse conditions.
3. An operator who refuses to take immediate steps to correct the condition or fails to comply with the directions of the peace officer shall be punished:
(a) If no injury results, for a misdemeanor;
(b) If bodily injury or damage to property in excess of $200 results, for a gross misdemeanor; or
(c) If the death of another person results, for a category D felony as provided in NRS 193.130.
(Added to NRS by 1991, 852; A 1995, 1302)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.740 - Department to certify persons to provide instruction in safe boating; powers and duties of Department concerning courses in safe boating.

1. The Department shall certify persons to provide, in cooperation with the Department, instruction in safe boating approved by the National Association of State Boating Law Administrators. All persons who successfully complete the course must be issued a certificate evidencing successful completion.
2. The Department may offer the courses in cooperation with organizations that provide education in safe boating, including, without limitation, the United States Coast Guard Auxiliary and the United States Power Squadrons.
3. The Department shall maintain a list, available for public inspection, of the availability of courses in safe boating and any instructors who are certified pursuant to subsection 1.
(Added to NRS by 2001, 1719; A 2003, 1579)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.750 - Persons born on or after January 1, 1983, to submit to Department certification of completion of course or passage of proficiency examination in safe boating; database of certificates.

1. A person born on or after January 1, 1983, who is a resident of this State and who possesses a certificate that evidences his or her successful:
(a) Completion of a course in safe boating that is approved by the National Association of State Boating Law Administrators, including, without limitation, courses offered pursuant to NRS 488.740 and courses offered by the United States Coast Guard Auxiliary or the United States Power Squadrons; or
(b) Passage of a proficiency examination that was proctored and tests the knowledge of the information included in the curriculum of such a course,
shall submit or cause to be submitted a copy of the certificate to the Department. The Department may request additional information necessary for the Department to maintain the database pursuant to subsection 2.
2. The Department shall establish and maintain a database of certificates that it receives pursuant to subsection 1. The database must include, without limitation, the:
(a) Name, date of birth and gender of the holder of the certificate;
(b) Date, location and name of the course completed or examination passed by the holder of the certificate; and
(c) Number on the certificate.
(Added to NRS by 2001, 1719; A 2003, 1579)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.900 - Enforcement by game wardens and other peace officers; inspection of vessel.

1. Every game warden, sheriff and other peace officer of this State and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.
2. Any vessel located upon the waters of this State is subject to inspection by the Department or any lawfully designated agent or inspector thereof at any time to determine whether the vessel is equipped in compliance with the provisions of this chapter.
3. Any vessel located upon the waters of this State is subject to inspection by the Division of Environmental Protection of the State Department of Conservation and Natural Resources or any lawfully designated agent or inspector thereof at any time to determine whether the vessel is equipped in compliance with the provisions of NRS 488.320. As used in this subsection, "vessel" includes any watercraft or structure floating on the water, whether or not capable of self-locomotion, including houseboats, barges and similar structures.
(Added to NRS by 1960, 482; A 1963, 968; 1965, 1067; 1967, 1175; 1971, 761; 1973, 1406; 1985, 1969; 1993, 57, 1652; 1995, 509; 2003, 1580)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.910 - Seizure of vessel to preserve evidence of crime; payment of storage fees.

1. If a peace officer has probable cause to believe that a vessel or its contents contain evidence tending to show that a criminal offense has been committed or that a particular person has committed an offense, the officer may take whatever steps are reasonable to ensure the preservation of the evidence including safe storage of the vessel or its contents.
2. If a criminal conviction is obtained as a result of an action taken pursuant to subsection 1, the person convicted shall pay any storage fees incurred pursuant to that subsection. If a conviction is not obtained, the law enforcement agency that seized the vessel pursuant to subsection 1 shall pay those fees.
(Added to NRS by 1989, 1773; A 1993, 1653; 1999, 1070)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.915 - Seizure of vessel by peace officer: Criteria; duties of law enforcement agency.

1. In addition to any seizure authorized pursuant to NRS 488.910, any peace officer, without a warrant, may seize and take possession of any vessel:
(a) Which is being operated with any improper number, certificate of number or certificate of ownership;
(b) Which the peace officer has probable cause to believe has been stolen;
(c) On which any hull number or other identifying mark has been falsely attached, removed, defaced, altered or obliterated; or
(d) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been falsely attached, removed, defaced, altered or obliterated.
2. A law enforcement agency shall inspect any vessel seized pursuant to paragraph (c) or (d) of subsection 1 to determine whether the number or mark in question on the vessel or part from the vessel has been falsely attached, removed, defaced, altered or obliterated and whether any person has presented satisfactory evidence of ownership of the vessel.
3. If the results of the investigation conclude that the number or mark in question has been falsely attached, removed, defaced, altered or obliterated and no person has presented satisfactory evidence of ownership, then the law enforcement agency may treat the vessel as abandoned and proceed in the manner set forth in NRS 488.293.
(Added to NRS by 2013, 1300)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.920 - Citation; taking person before magistrate.

1. Except as otherwise provided in subsection 2, whenever any person is halted by a game warden, sheriff or peace officer for any violation of this chapter, the person:
(a) Must, except as otherwise provided in paragraph (b), be given a citation, if the violation is punishable as a misdemeanor; or
(b) May, in the discretion of the game warden, sheriff or peace officer either be given a citation or be taken without unnecessary delay before the proper magistrate, if the violation is punishable as:
(1) A felony or gross misdemeanor; or
(2) A misdemeanor that constitutes a repeat offense or a prohibited offense.
2. A person described in subsection 1 must be taken before the proper magistrate in either of the following cases:
(a) When the person does not furnish satisfactory evidence of identity; or
(b) When the game warden, sheriff or peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
3. As used in this section:
(a) "Prohibited offense" means:
(1) A crime of violence as defined in NRS 200.408.
(2) A violation of NRS 488.410.
(b) "Repeat offense" means an offense for which the person has previously been arrested, convicted or issued a citation.
(Added to NRS by 1971, 830; A 2021, 3469)
2023 Nevada Revised Statutes › Chapter 488 - Watercraft › NRS 488.950 - Penalty for violating provision of chapter: Criminal penalty; authority of court to require successful completion of course in safe boating as prerequisite to operation of vessel upon interstate waters of State.

1. Except as otherwise provided in this chapter, a person is guilty of a misdemeanor if the person:
(a) Performs an act or attempts to perform an act made unlawful or prohibited by this chapter;
(b) Willfully fails to perform an act required of the person by this chapter; or
(c) Violates any order issued or regulation adopted by the Commission under the provisions of this chapter.
2. A court may prohibit a person who violates any of the provisions of this chapter from operating a vessel upon the interstate waters of this State until the person successfully completes, after the date of the violation, a course in safe boating approved by the National Association of State Boating Law Administrators. As used in this subsection, "interstate waters of this State" means waters forming the boundary between the State of Nevada and an adjoining state.
(Added to NRS by 1960, 482; A 1991, 857; 2001, 1720; 2023, 553)
2023 Nevada Revised Statutes › Chapter 489 - Manufactured Homes; Mobile Homes and Similar Vehicles; Factory-Built Housing › NRS 489.021 - Legislative findings and declaration.

1. The Legislature finds that the construction, assembly and use of manufactured homes, mobile homes, travel trailers, manufactured buildings, commercial coaches and factory-built housing and their systems, components and appliances, and the alteration, transportation and installation of manufactured homes, mobile homes, manufactured buildings, commercial coaches and factory-built housing, like other products having concealed vital parts, may present hazards to the health, life and safety of persons and the safety of property unless they are properly manufactured, altered, transported and installed.
2. In the sale of manufactured homes, mobile homes, travel trailers, manufactured buildings, commercial coaches and factory-built housing, there is also the possibility of unascertained defects in them even though they are inspected by purchasers.
3. It is the policy and purpose of this State to protect the public against these hazards and to prohibit the manufacture, sale, distribution, alteration, transportation and installation in this State of manufactured homes, mobile homes, travel trailers, manufactured buildings, commercial coaches and factory-built housing which are not constructed in a manner which provides reasonable safety and protection to owners and users.
4. The Legislature further intends to provide a procedure to ensure that this State assumes the fullest responsibility for the administration and enforcement of federal safety and construction standards for manufactured homes in Nevada in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq.
(Added to NRS by 1973, 1065; A 1977, 1452; 1983, 776; 2009, 1901)