Nevada Assembly Bill 408

Because reckless driving is still a leading cause of car accidents in the United States, Nevada lawmakers are implementing a new law to cut back on trick driving and other illegal displays. Backed by Nevada Assemblywoman Tracy Brown-May (D), our Las Vegas car accident lawyers explain everything you need to know about Assembly Bill (AB) 408.

What is AB 408?

AB408 is a bill that Nevada Governor Joe Lombardo signed into law during the 82nd legislative session. The bill was designed to help reduce reckless driving and allow law enforcement officials to tow vehicles that obstruct traffic or endanger drivers easily. The law also prohibits towing companies from charging vehicle owners unfair fees or storage costs.

Here are the biggest changes coming from AB408:

1. Vehicle towing

According to the new law, law enforcement can have a vehicle towed if it is found on a highway. Also, an officer can tow a vehicle after issuing a citation to a driver for reckless driving. Prior to AB408, a car was only towed if the driver or person in possession of the vehicle was arrested for reckless driving.

2. Nevada trick driving restrictions

While there was already a law in Nevada to prevent trick driving on public highways, AB408 makes it illegal to perform trick driving displays on any public premises. It is also unlawful to facilitate, plan, schedule, or promote unauthorized trick driving anywhere the public has access.

3. Towing and storage fees

AB408 also aims to make it more affordable for owners to get their vehicles back in their possession after they were towed. Previously, the owner could pay a hardship tariff instead of normal removal and storage fees. Under the new law, owners are not required to pay the hardship tariff. Instead, the towing company must consider charging a lower rate if the owner provides a written notice of hardship.

In addition, towing operators must include the number of times they waved or lowered their normal rates under these circumstances in their annual report to the Nevada Transportation Authority.

4. Solicitation of tort victims

AB408 prohibits any person from soliciting a tort victim to hire them or retain them as a civil action attorney in any medical facility or within 72 hours of the time the tort occurred. In other words, it is unlawful for a person to offer legal services to accident victims in exchange for compensation in the hospital or if it’s been less than three days since the incident.

What is trick driving?

Trick driving is the reckless operation of a motor vehicle that involves stunt displays and dangerous driving maneuvers. In many cases, these stunts are performed to be filmed and can divert other drivers’ attention, slow or impede traffic, and increase the risk of car accidents, injuries, and property damage.

In Las Vegas, trick driving has been on the rise, and law enforcement officials have struggled to control these illegal street displays. According to KTNV, Las Vegas Metro Police (LVMP) have projects in the works to deter trick driving and street racing. AB408 should make it more difficult to perform these stunts or suffer the consequences of their actions.

Is street racing a felony?

Under NRS 484B.653, illegal street racing is a misdemeanor. Punishments for street racing, trick driving, or other prohibited displays are as follows:

First offense

• A fine between $250 and $1,000
• Perform 50 to 99 hours of community service
• Possible imprisonment in county jail for up to six months

Second offense

• A fine between $1,000 and $1,500
• Perform 100 to 199 hours of community service
• Possible imprisonment in county jail for up to six months

Third and subsequent offenses

• A fine between $1,500 and $2,000
• Perform 200 hours of community service
• Possible imprisonment in county jail for up to six months

What were the previous penalties for trick drivers, and how has AB408 changed that?

The penalties under NRS 484B.653 for trick driving on a public highway include the following:

First offense

• A fine between $1,000 to $1,500
• Perform 100 to 199 hours of community service
• Possible imprisonment in county jail for up to 364 days

Second and subsequent offenses

• A fine between $1,500 and $2,000
• Perform 200 hours of community service
• Possible imprisonment in county jail for up to 364 days

The Nevada Statute also details the penalties for facilitating trick driving displays on a public highway, including:

First offense

• A fine of not more than $1,000
• Perform 50 to 99 hours of community service
• Possible imprisonment in county jail for up to 6 months

Second and subsequent offenses

• A fine between $1,000 and $1,500
• Perform 100 hours of community service
• Possible imprisonment in county jail for up to 364 days

AB408 maintains these penalties for trick driving on public highways. However, the law adds any public premises — in addition to public highways. The same penalties will apply to any trick driver or persons facilitating trick driving on “premises to which the public has access.” 

In addition, law enforcement is able to have vehicles towed after issuing a reckless driving citation. Previously, police could only tow a vehicle if the driver was arrested.

Do I have a car accident case if I was hurt by a trick driver or street racer?

If you or a loved one were injured in an accident caused by trick driving or street racing, you deserve justice. You can work with an experienced attorney to file a Nevada car accident lawsuit and claim compensation for your injuries and suffering. Even if the driver does not have insurance, we will fight to hold the responsible person accountable for their actions.

Our skilled Las Vegas car crash attorneys can help you get the maximum compensation for your damages. Contact us today to schedule a free consultation with an auto accident lawyer who has experience with reckless driving accidents.

Sources:

KTNV. (2023). Las Vegas Metro Police unveil new project to target illegal street racing, takeovers and shows.

NRS 484B.653

Trick driving display definition.