Creates a pilot program authorizing the installation and use of automated traffic enforcement systems in temporary traffic control zones. (BDR 43-184)

EXEMPT
(Reprinted with amendments adopted on May 29, 2025)
SECOND REPRINT A.B. 402

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ASSEMBLY BILL NO. 402–ASSEMBLYMEMBER TORRES-FOSSETT

MARCH 11, 2025
____________

Referred to Committee on Growth and Infrastructure

SUMMARY—Creates a pilot program authorizing the installation
and use of automated traffic enforcement systems in
temporary traffic control zones. (BDR 43-184)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to public safety; creating a pilot program
authorizing the Department of Transportation, a local
authority and a regional transportation commission to
allow th e installation and use of an automated traffic
enforcement system to enforce certain provisions of law;
requiring a peace officer of a traffic enforcement agency
having jurisdiction over the location of an automated
traffic enforcement system to review cer tain evidence
detected by the automated traffic enforcement system
before a citation is issued; establishing requirements
relating to the issuance of a civil infraction citation based
on evidence detected by an automated traffic enforcement
system; creatin g a rebuttable presumption that the
registered owner of a vehicle is the driver of the vehicle at
the time of a violation detected by an automated traffic
enforcement system; requiring the Department to annually
compile and submit certain information to the Director of
the Legislative Counsel Bureau; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits a governmental entity or any agent thereof from using 1
photographic, video or digital equipment to gat her evidence in order to issue a 2
traffic citation or civil infraction citation, unless the equipment is: (1) a portable 3
camera or event recording device worn or held by a peace officer; (2) installed 4
within a vehicle or facility of a law enforcement agency ; or (3) privately owned by 5
a nongovernmental entity. (NRS 484A.600) Sections 2.1-2.7 of this bill provide an 6

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exception to this prohibition and create a pilot program authorizing the Department 7
of Transportation, a local authority and a regional transportation commission to 8
allow for the installation and use of an automated traffic enforcement system to 9
enforce certain speed limits in temporary traffic control zones under certain 10
circumstances. Section 2.2 sets forth the conditions for the install ation and use of 11
an automated traffic enforcement system and for contracting for such installation 12
and use and requires an entity which installs such a system to, among other things, 13
carry out a public information campaign before commencing any enforcement. 14
Section 2.3 requires a peace officer of a traffic enforcement agency with 15
jurisdiction over the location of the automated traffic enforcement system to review 16
the evidence of a violation detected by an automated traffic enforcement system 17
before a civil infraction citation is issued. Section 2.3 also establishes requirements 18
for the contents and delivery of a civil infraction citation issued based upon 19
evidence collected by an automated traffic enforcement system. Finally, section 2.3 20
creates a rebuttable presumption that the registered owner of a vehicle is the driver 21
of the vehicle at the time of a violation detected by an automated traffic 22
enforcement system and provides a method for rebutting this presumption. 23
Section 2.4 establishes requirements for the storage and transmission of any 24
photograph, recorded image or data created by an automated traffic enforcement 25
system. Section 2.4 also prohibits any entity that manufactures, maintains, 26
produces or provides an automated traffic enforcement system or related services 27
for sale or lease to this State or any political subdivision of this State from 28
contracting to receive payment on the basis of the number of citations issued. 29
Section 2.6 provides that a violation detected by an automated traffic 30
enforcement system is not a moving traffic violation but is punishable by a civil 31
penalty not to exceed $200. Section 2.6 also requires that any funds collected from 32
such civil infractions in excess of the cost and maintenance of the a utomated traffic 33
enforcement systems be apportioned by the board of county highway 34
commissioners for certain expenses. 35
Section 2. 7 requires the Department, a local author ity and a regional 36
transportation commission who authorize the installation and use o f an automated 37
traffic enforcement system to annually compile certain information and report it to 38
the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim 39
Standing Committee on Growth and Infrastructure. 40
Section 2.8 of this bill prohibits an employer from considering a civil infraction 41
citation issued to an employee pursuant to section 2.3 for the purpose of 42
progressive discipline against such an employee. 43
Sections 1, 4 and 5 of this bill make conforming changes to: (1) exclude traffic 44
violations detected by an automated traffic enforcement system from the 45
assessment of demerit points; and (2) provide for the issuance of civil infraction 46
citations for violations detected by an automated traffic enforcement system. 47
Section 5 of this bill also extends the time to respond to such a citation to 120 days. 48
Existing law provides that before a hearing to contest the determination that a 49
person has committed a civil infraction, the per son is required to post a bond equal 50
to the amount of the full payment of the monetary penalty, the administrative 51
assessment and any fees specified in the civil infraction citation. (NRS 484A.7041) 52
Section 6 of this bill limits the amount of a bond for a civil infraction citation 53
issued for a violation described in section 2.2 to an amount not to exceed $100. 54
Section 8 of this bill provides that th e pilot program expires by limitation on 55
June 30, 2029. 56

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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 483.473 is hereby amended to read as follows: 1
483.473 1. As used in this section, “traffic violation” means 2
conviction of a moving traffic violation in any municipal court, 3
justice court or district court in this State or a finding by any 4
municipal court or justice court in this State that a person has 5
committed a civil infraction pursuant to NRS 484A.703 to 6
484A.705, inclusive. The term includes a finding by a juvenile court 7
that a child has violated a traffic law or ordinance other than one 8
governing standing or parking. The term does not include [a] : 9
(a) A conviction or a finding by a juvenile court of a violation of 10
the speed limit posted by a public authority under the circumstances 11
described in subsection 1 of NRS 484B.617 [.] ; or 12
(b) A civil infraction citation issued pursuant to NRS 13
484A.7035 for a violation described in section 2.2 of this act. 14
2. The Department shall establish a uniform system of demerit 15
points for various traffic violations occurring within this State 16
affecting the driving privilege of any person who holds a driver’s 17
license issued by the Department and persons deemed to have future 18
driving privileges pursuant to NRS 483.447. The system must be 19
based on the accumulation of demerits during a period of 12 20
months. 21
3. The system must be uniform in its operation, and the 22
Department shall set up a schedule of demerits for each traffic 23
violation, depending upon the gravity of the violation, on a scale of 24
one demerit point for a minor violation of any traffic law to eight 25
demerit points for an extremely serious violation of the law 26
governing traffic violations. If a conviction of two or more traffic 27
violations committed on a single occasion is obtained, points must 28
be assessed for one offense or civil infraction, and if the point values 29
differ, points must be assessed for the offense or civil infraction 30
having the greater point value. Details of the violation must be 31
submitted to the Department by the court where the conviction or 32
finding is obtained. The Department may provide for a graduated 33
system of demerits within each category of vi olations according to 34
the extent to which the traffic law was violated. 35
Sec. 2. Chapter 484A of NRS is hereby amended by adding 36
thereto the provisions set forth as sections 2.1 to 2.8, inclusive, of 37
this act. 38
Sec. 2.1. As used in sections 2.1 to 2.8, inclusive, of this act, 39
unless the context otherwise requires, “automated traffic 40
enforcement system” means a manned or unmanned stationary 41
electronic or digital system which creates a photograph or other 42

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recorded image of a vehicle and vehicle license plate which is used 1
as evidence of a violation of a traffic law by the driver of the 2
vehicle. Such a photograph or other recorded image must not 3
reveal the face of the driver or any other passenger in the vehicle. 4
Sec. 2.2. 1. The Department of Transportation, a local 5
authority and a r egional transportation commission as defined in 6
NRS 482.1825 may , except as otherwise provided in subsection 4, 7
authorize the installation and use of an automated traffic 8
enforcement system to enforce any rate of speed which is 10 miles 9
per hour or more over the posted speed limit: 10
(a) In an area designated as a temporary traffic control zone 11
in which construction, maintenance or repair of a highway is 12
conducted; and 13
(b) At a time when the workers who are performing the 14
construction, maintenance or repair of the highway are present. 15
2. An automated traffic enforcement system must be 16
accompanied by warning signs installed at the entry point of the 17
temporary traffic control zone. The Department shall adopt 18
regulations setting forth standards for such warning signs , 19
including, without limitation: 20
(a) A statement that an automated traffic enforcement system 21
is in use; 22
(b) A statement of the speed limit; and 23
(c) A display which alerts drivers of their current speed. 24
3. The Department, a local authority or a regional 25
transportation commission as defined in NRS 482.1825 shall 26
solicit bids for a contract for the installation and use of an 27
automated traffic enforcement system pursuant to the provisions 28
of chapter 332 or 333 of NRS. The contract must require the 29
number of citations issued during the use of the automated traffic 30
enforcement system in a temporary traffic control zone to be 31
tracked and reported to the Department, local authority or 32
regional transportation commission, as applicable. 33
4. Before commencing any enforcement, including the 34
issuance of a civil infraction citation pursuant to NRS 484A.7035 35
for a violation described in this section , t he Department, a local 36
authority or a regional transportation commission as defined in 37
NRS 482.1825 that installs an automated traffic enforcement 38
system shall establish and carry out a public information 39
campaign to: 40
(a) Raise public awareness of the proposed use of an 41
automated traffic enforcement system not less than 30 da ys before 42
commencing any enforcement; and 43
(b) Inform the public of the date upon which enforcement will 44
begin. 45

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Sec. 2.3. 1. Before a civil infraction citation is issued 1
pursuant to NRS 484A.7035 for a violation described in section 2
2.2 of this act, the evidence of the violation from the automated 3
traffic enforcement system must be reviewed for accuracy by a 4
peace officer of a traffic enforcement agency with jurisdiction over 5
the location of the automated traffic enforcement system. 6
2. If after reviewing the evidence described in subsection 1, 7
the peace officer determines that a violation described in section 8
2.2 of this act occurred, the peace officer shall cause a civil 9
infraction citation to be issued pursuant to NRS 484A.7035 . The 10
citation must be sent by the traffic enforcement agency described 11
in subsection 1 or its designee by first class mail to the address 12
listed with the Department of Motor Vehicles for the registered 13
owner of the vehicle identified by t he automated traffic 14
enforcement system. 15
3. A manual or automated record prepared by a traffic 16
enforcement agency described in subsection 1 or its designee in 17
the ordinary course of business shall be prima facie evidence of 18
mailing and service , and is admissible in any hearing as to the 19
facts contained in the civil infraction citation. 20
4. In addition to the information required pursuant to 21
subsection 1 of NRS 484A.7035, a civil infraction citation issued 22
pursuant to NRS 484A.7035 for a violation desc ribed in section 23
2.2 of this act must include: 24
(a) The date and time of the violation; 25
(b) An image taken by the automated traffic enforcement 26
system showing the vehicle and vehicle license plate involved in 27
the violation or the address of the Internet w ebsite on which such 28
an image may be viewed; and 29
(c) A statement summarizing the provisions of subsection 5. 30
5. The registered owner of a vehicle is presumed to be the 31
driver of the vehicle at the time of a violation described in section 32
2.2 of this act was detected by an automated traffic enforcement 33
system. Such an inference may be rebutted if the registered owner 34
of the vehicle presents as evidence at a hearing held pursuant to 35
subsection 3 of NRS 484A.704, an affidavit stating: 36
(a) The name and address of the person having care, custody 37
and control of the vehicle at the time of the violation; or 38
(b) That the vehicle was, at the time of the violation, stolen. 39
Such an affidavit must be accompanied by evidence that supports 40
the a ffidavit, including, without limitation, a police report or an 41
insurance report. 42
Sec. 2.4. 1. Any photograph , recorded image or data 43
created by an automated traffic enforcement system: 44

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(a) Must only be stored and dissem inated by the traffic 1
enforcement agency that issued the civil infraction citation 2
pursuant to NRS 484A.7035 for a violation described in section 3
2.2 of this act; and 4
(b) May not be sold, transferred or otherwise transmitted by 5
any other entity or organization except pursuant to a court order. 6
2. Any entity that manufactures, maintains, produces or 7
provides an automated traffic enforcement system or related 8
services for sale or lease to th is State or any political subdivision 9
of this State shall not contract to receive payment on the basis of 10
the number of civil infraction citations issued pursuant to NRS 11
484A.7035 for a violation described in section 2.2 of this act. 12
Sec. 2.5. The provisions of sections 2.1 to 2.8, inclusive, of 13
this act do not prohibit a peace officer from issuing a citation for a 14
violation of any law of this State at the place where an automated 15
traffic enforcement system is installed and in use if the peace 16
officer witnesses a violation. A person who is issued a citation by a 17
peace officer pursuant to this section must not be issued a civil 18
infraction citation based on evidence from the automated traffic 19
enforcement system for the same violation for which the peace 20
officer issued the person the citation. 21
Sec. 2.6. 1. A violation described in section 2.2 of this act 22
for which a civil infraction citation is issued pursuant to 23
NRS 484A.7035: 24
(a) Is not a moving traffic violation under NRS 483.473; and 25
(b) Is punishable by a civil penalt y pursuant to NRS 26
484A.7043, not to exceed $200. 27
2. Any money collected as a civil penalty pursuant to 28
subsection 1 must be accounted for separately in the county or city 29
treasury or State Highway Fund, as applicable, must be credited to 30
the Department of Transportation, local authority or regional 31
transportation commission as defined in NRS 482.1825, as 32
applicable, and the traffic enforcement agency with jurisdiction 33
over the location of the automated traffic enforcement system and 34
must be used to defray the cost of installing and operating the 35
automated traffic enforcement system, including, without 36
limitation, the costs of administering the provisions of sections 2.1 37
to 2.8, inclusive, of this act. Any remaining funds may be 38
apportioned by the board of county highway commissioners to the 39
road funds of the county , a s applicable, to be expended as 40
described in NRS 403.470. 41
Sec. 2.7. 1. Each local authority and regional 42
transportation commission as defined in NRS 482.1825 that 43
authorizes the installation and use of an automated traffic 44
enforcement system pursuant to sections 2.1 to 2.8, inclusive, of 45

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this act, shall prepare and file a report annually with the 1
Department of Transportation that inc ludes, without limitation, 2
the following information relating to the immediately preceding 3
year: 4
(a) The number of speeding infractions in temporary traffic 5
control zones; 6
(b) The changes in the frequency of citations in temporary 7
traffic control zones; 8
(c) The frequency of repeat violations in temporary traffic 9
control zones; and 10
(d) The number of citations issued during the use of an 11
automated traffic enforcement system in each temporary traffic 12
control zone. 13
2. If the Department authorizes the installation and use of an 14
automated traffic enforcement system pursuant to sections 2.1 to 15
2.8, inclusive, of this act , the Department shall prepare a report 16
annually that includes , without limitation, the following 17
information relating to the previous year: 18
(a) The number of speeding infractions in temporary traffic 19
control zones; 20
(b) The changes in the frequency of citations in temporary 21
traffic control zones; 22
(c) The frequency of repeat violations in temporary traffic 23
control zones; and 24
(d) The num ber of citations issued during the use of an 25
automated traffic enforcement system in each temporary traffic 26
control zone. 27
3. On or before June 30 of each year, the Department shall 28
compile any reports prepared pursuant to subsections 1 and 2 and 29
submit the compilation to the Director of the Legislative Counsel 30
Bureau for transmittal to the Joint Interim Standing Committee 31
on Growth and Infrastructure. 32
Sec. 2.8. An employer may not consider a civil infraction 33
citation is sued pursuant to NRS 484A.7035 for a violation 34
described in section 2.2 of this act for the purpose of progressive 35
discipline against an employee. 36
Sec. 3. NRS 484A.600 is hereby amended to read as follows: 37
484A.600 [A] Except as otherwise provided in sections 2.1 to 38
2.7, inclusive, of this act, a governmental entity and any agent 39
thereof shall not use photographic, video or digital equipment for 40
gathering evidence to be used for the issuance of a traffic citation or 41
civil infraction citation pursuant to NRS 484A.7035 for a violation 42
of chapters 484A to 484E, inclusive, of NRS unless the equipment 43
is a portable camera or event recording device worn or held by a 44
peace officer, the equipment is otherwise installed temporaril y or 45

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permanently within a vehicle or facility of a law enforcement 1
agency or the equipment is privately owned by a nongovernmental 2
entity. 3
Sec. 4. NRS 484A.640 is hereby amended to read as follows: 4
484A.640 1. Except for a citation issued pursuant to NRS 5
484A.700 [,] or 484A.7035 for a violation described in section 2.2 6
of this act, whenever a police officer makes an arrest or issues a 7
citation to a person for any violation of chapters 484A to 484E, 8
inclusive, of NRS, the police officer shall record the name as given 9
by that person, the number of the person’s driver’s license and a 10
brief description of the person’s physical appearance. This 11
information must be maintained in a record for offenses kept at the 12
traffic enforcement agency which employs that officer. 13
2. Whenever a police officer stops a driver of a motor vehicle 14
for any violation of chapters 484A to 484E, inclusive, of NRS and 15
requests information from a traffic enforcement agency concerning 16
that person’s recor d of prior offenses, the police officer shall 17
compare not only the driver’s name but also the number of his or her 18
driver’s license and physical description with any information 19
obtained from the agency as a result of the request. If the 20
information receiv ed from the agency indicates that the driver’s 21
name is on an outstanding warrant for a prior offense, the officer 22
shall not arrest the driver for that prior offense unless the additional 23
information used for comparison also connects the driver with that 24
prior offense. 25
Sec. 5. NRS 484A.704 is hereby amended to read as follows: 26
484A.704 1. Any person who receives a civil infraction 27
citation pursuant to : 28
(a) Except as otherwise provided in paragraph (b), NRS 29
484A.7035 or 484A.7049 shall respond to the citation as provided in 30
this section not later than 90 calendar days after the date on which 31
the citation is issued [.] ; or 32
(b) NRS 484A.7035 for a violation described in section 2.2 of 33
this act shall respond to the citation as provided in this section not 34
later than 120 days after the date on which the citation is issued. 35
2. If a person receiving a civil infraction citation does not 36
contest the determination that the person has committed the civil 37
infraction set forth in the citation, the person must respond to the 38
citation by indicating that the person does not contest the 39
determination and submitting full payment of the monetary penalty, 40
the administrative assessment and any fees to the court specified in 41
the citation, o r its traffic violations bureau, in person, by mail or 42
through the Internet or other electronic means. 43
3. If a person receiving a civil infraction citation wishes to 44
contest the determination that the person has committed the civil 45

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infraction set forth i n the citation, the person must respond by 1
requesting in person, by mail or through the Internet or other 2
electronic means a hearing for that purpose. The court shall notify 3
the person in writing of the time, place and date of the hearing, 4
but the date of the hearing must not be earlier than 9 calendar days 5
after the court provides notice of the hearing. 6
4. Except as otherwise provided in this subsection, not less 7
than 30 days before the deadline for a person to respond to a civil 8
infraction citation, th e court must send to the address or electronic 9
mail address of the person, as indicated on the civil infraction 10
citation issued to the person, a reminder that the person must 11
respond to the civil infraction citation within 90 or 120 calendar 12
days , as applicable under subsection 1, after the date on which the 13
civil infraction citation is issued. If the person agreed to receive 14
communications relating to the civil infraction by text message, the 15
court may send such a notice to the telephone number of the per son 16
as indicated on the civil infraction citation. If the person does not 17
respond to the civil infraction citation in the manner specified by 18
subsection 2 or 3 within 90 or 120 calendar days , as applicable 19
under subsection 1, after the date on which the c ivil infraction 20
citation is issued, the court must enter an order pursuant to NRS 21
484A.7043 finding that the person committed the civil infraction 22
and assessing the monetary penalty and administrative assessments 23
prescribed for the civil infraction. A pers on who has been issued a 24
civil infraction citation and who fails to respond to the civil 25
infraction citation as required by this section may not appeal an 26
order entered pursuant to this section. 27
5. If any person issued a civil infraction citation fails t o appear 28
at a hearing requested pursuant to subsection 3, the court must enter 29
an order pursuant to NRS 484A.7043 finding that the person 30
committed the civil infraction and assessing the monetary penalty 31
and administrative assessments prescribed for the ci vil infraction. A 32
person who has been issued a civil infraction citation and who fails 33
to appear at a hearing requested pursuant to subsection 3 may not 34
appeal an order entered pursuant to this subsection. 35
6. In addition to any other penalty imposed, any person who is 36
found by the court to have committed a civil infraction pursuant to 37
subsection 5 shall pay the witness fees, per diem allowances, travel 38
expenses and other reimbursement in accordance with NRS 50.225. 39
7. If a court has established a system pursuant to NRS 40
484A.615, any person issued a civil infraction citation may, if 41
authorized by the court, use the system to perform any applicable 42
actions pursuant to this section. 43

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Sec. 6. NRS 484A.7041 is hereby amended to read as follows: 1
484A.7041 1. If, pursuant to subsection 3 of NRS 484A.704, 2
a person receiving a civil infraction citation requests a hearing to 3
contest the determination that the person has committed the civil 4
infraction set forth in the citation, the hearing must be conducted in 5
accordance with this section. 6
2. Except as otherwise provided in this subsection, before a 7
hearing to contest the determination that a person has committed a 8
civil infraction, the court shall require the person to post a bon d 9
equal to the amount of the full payment of the monetary penalty, the 10
administrative assessment and any fees specified in the civil 11
infraction citation. Any bond required to be posted for a civil 12
infraction citation issued pursuant to NRS 484A.7035 for a 13
violation described in section 2.2 of this act must not exceed $100. 14
In lieu of posting such a bond, the person may instead deposit cash 15
with the court in the amount of the bond required pursuant to this 16
subsection. Any bond posted or cash deposited with t he court 17
pursuant to this subsection must be forfeited upon the court’s 18
finding that the person committed the civil infraction. Any person 19
whom the court determines is unable to pay the costs of defending 20
the action or is a client of a program for legal aid in accordance with 21
NRS 12.015 must not be required to post a bond or deposit cash 22
with the court in accordance with this subsection. 23
3. The person who requested the hearing may, at his or her 24
expense, be represented by counsel, and a city attorney or d istrict 25
attorney, in his or her discretion and as applicable, may represent the 26
plaintiff. 27
4. A hearing conducted pursuant to this section must be 28
conducted by the court without a jury. In lieu of the personal 29
appearance at the hearing by the peace offic er who issued the civil 30
infraction citation, the court may consider the information contained 31
in the civil infraction citation and any other written statement 32
submitted under oath by the peace officer. If the court has 33
established a system pursuant to NRS 484A.615, the peace officer 34
may, if authorized by the court, use the system to submit such a 35
statement. The person named in the civil infraction citation may 36
subpoena witnesses, including, without limitation, the peace officer 37
who issued the citation, and has the right to present evidence and 38
examine witnesses present in court. 39
5. After consideration of the evidence and argument, the court 40
shall determine whether a civil infraction was committed by the 41
person named in the civil infraction citation. The co urt must find by 42
a preponderance of the evidence that the person named in the civil 43
infraction citation committed a civil infraction. If it has not been 44
established by a preponderance of the evidence that the infraction 45

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was committed by the person named in the citation, the court must 1
enter an order dismissing the civil infraction citation in the court’s 2
records. If it has been established by a preponderance of the 3
evidence that the infraction was committed, the court must enter in 4
the court’s records an order pursuant to NRS 484A.7043. 5
6. An appeal from the court’s determination or order may be 6
taken in the same manner as any other civil appeal from a municipal 7
court or justice court, as applicable, except that: 8
(a) The notice of appeal must be filed not later than 7 calendar 9
days after the court enters in the court’s records an order pursuant to 10
NRS 484A.7043; 11
(b) If the appellant is the person charged with the civil 12
infraction, any bond required to be given by the appellant in order to 13
secure a stay of execution of the order of the court during the 14
pendency of the appeal must equal the amount of the monetary 15
penalty and administrative assessments which the court has ordered 16
the appellant to pay pursuant to NRS 484A.7043. Any bond must be 17
forfeited if the order of the court is affirmed on appeal; and 18
(c) If a prosecuting attorney does not represent the plaintiff 19
during the proceedings in the justice court or municipal court, the 20
appellate court shall review the record and any arguments presented 21
by the person charged with the civil infraction and render a decision. 22
Sec. 7. The provisions of subsection 1 of NRS 218D.380 do 23
not apply to any provision of this act which adds or revises a 24
requirement to submit a report to the Legislature. 25
Sec. 8. This act becomes effective on July 1, 2025, and expires 26
by limitation on June 30, 2029. 27

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