Existing law prohibits a person from driving or being in actual physical control of a vehicle on a highway or on premises to which the public has access or operating or being in actual physical control of a vessel under power or sail on the waters of this State if the person: (1) is under the influence of intoxicating liquor or a controlled substance; (2) has specified amounts of certain prohibited substances in his or her blood or urine; or (3) has specified amounts of marijuana or marijuana metabolite in his or her blood. (NRS 484C.110, 488.410) For the purposes of any such offense punishable as a misdemeanor, sections 1.7 and 6 of this bill remove the prohibition against such a person having specified amounts of marijuana or marijuana metabolite in his or her blood, thereby providing that a person who uses marijuana is subject to the general prohibition against driving or being in actual physical control of a vehicle on a highway or on premises to which the public has access or operating or being in actual physical control of a vessel under power or sail on the waters of this State if the person is under the influence of a controlled substance. Thus, sections 1.7 and 6 provide that the specified amounts of marijuana or marijuana metabolite apply to those circumstances where the violation is punishable as a felony. Existing law provides that in certain circumstances compensation is not payable to employees in this State for an injury that occurred while an employee was under the influence of a controlled or prohibited substance unless the employee can prove that being under the influence of a controlled or prohibited substance was not the proximate cause of the injury. Existing law specifies that an employee is under the influence of a controlled or prohibited substance for the purpose of such a provision when the employee has an amount of certain prohibited substances, including marijuana or marijuana metabolite, in his or her system that is equal to or greater than the amount that prohibits a person from driving or being in actual physical control of a vehicle on a highway or on premises to which the public has access and for which the employee does not have a current and lawful prescription. (NRS 616C.230) Section 17 of this bill retains the amounts of such prohibited substances that are currently set forth in existing law for the purpose of determining whether an employee is under the influence of a prohibited substance, but removes the specified amount of marijuana metabolite. Existing law also prohibits a person from driving or being in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access if the person: (1) is under the influence of intoxicating liquor or a controlled substance; (2) has specified amounts of certain prohibited substances in his or her blood or urine; or (3) has specified amounts of marijuana or marijuana metabolite in his or her blood. (NRS 484C.120) Section 2 of this bill prohibits a person from driving or being in control of a commercial motor vehicle if there is any prohibited substance, as defined by 21 C.F.R. 1308.11, including, without limitation, marijuana, in the blood or urine of the person. Existing law provides that if certain tests show that a person less than 21 years of age had a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood or breath at the time of the test, the person's driver's license, permit or privilege to drive must be suspended for 90 days. (NRS 483.461) Section 1 of this bill establishes similar provisions relating to commercial motor vehicles. Specifically, section 1 provides that if certain tests show that a person 18 years of age or older had a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath at the time of the test, or the person had any detectable amount of a schedule I controlled substance in his or her blood or urine at the time of the test, the person's commercial driver's license, commercial learner's permit or privilege to drive a commercial motor vehicle must be suspended for 1 year. Sections 1.1-1.3 and 17.5 of this bill make conforming changes relating to such suspensions. Existing law prohibits a person from driving a commercial motor vehicle at any time when the driving privilege of the person is subject to disqualification and directs the Department of Motor Vehicles, upon receipt of notice of a disqualification, to: (1) suspend the privilege of the person to drive a commercial motor vehicle; and (2) charge the person a civil penalty. (NRS 483.924, 483.939) Sections 1.4 and 1.5 of this bill expressly provide that the disqualifying conduct includes disqualifications described by certain federal regulations. Existing federal regulations prohibit an employer from allowing, requiring, permitting or authorizing a driver to operate a commercial motor vehicle if the employer should have reasonably known that certain circumstances exist, including, a violation of an out-of-service order. (49 C.F.R. § 383.37) Existing state law authorizes the Department to impose a civil penalty against an employer who should have reasonably known that there was a violation of an out-of-service declaration. (NRS 483.939) Section 1.6 expands the circumstances under which the Department may impose the civil penalty on the employer to all the circumstances described in the federal regulation. Section 2 authorizes the imposition of the civil penalty described in section 1.6 on a person who commits certain unlawful acts relating to driving or being in actual physical control of a commercial motor vehicle on a highway or on a premises to which the public has access.

Statutes affected:
As Introduced: 484C.110, 484C.120, 484C.130, 484C.160, 484C.430, 488.410, 488.420, 488.425, 488.460, 33.030, 62C.020, 125.555, 171.1225, 178.484, 200.378, 200.591, 616C.230
Reprint 1: 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420, 488.425, 33.030, 62C.020, 125.555, 171.1225, 178.484, 200.378, 200.591, 616C.230
Reprint 2: 483.461, 483.900, 483.902, 483.904, 483.924, 483.939, 484C.110, 484C.120, 488.410, 616C.230
As Enrolled: 483.461, 483.900, 483.902, 483.904, 483.924, 483.939, 484C.110, 484C.120, 488.410, 616C.230