459.250 - Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles. - Nevada Statutes

459.250  Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles.

      1.  Peace officers of the Nevada Highway Patrol shall enforce those provisions of NRS 459.221 and 459.7052 to 459.728, inclusive, which govern the transport and handling of radioactive waste as they affect the safety of drivers or vehicles, the leakage or spill of radioactive waste from its package or the emission of ionizing radiation in an unsafe amount as established by the regulations of the State Board of Health.

      2.  The peace officer may:

      (a) Impound a vehicle with unsafe equipment; or

      (b) Detain a vehicle, if any waste has leaked or spilled from its package or if the peace officer has detected the emission of ionizing radiation in an unsafe amount, and order the driver of the vehicle to park it in a safe place, as determined by an officer designated by the Health Division, pending remedial action by that Division.

      3.  After a vehicle has been so detained, an officer designated by the Health Division may order:

      (a) The vehicle to be impounded;

      (b) The leaked or spilled waste to be cleaned up;

      (c) The contents of any unsafe or leaking package to be repackaged; or

      (d) Any other appropriate precaution or remedy,

Ê at the expense of the shipper or broker, carrier or other person who is responsible as determined by the Health Division.

      (Added to NRS by 1981, 231; A 1985, 1996; 1993, 846; 1997, 2002; 1999, 3349)