ng 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.] NRS 488.427 Penalty for second or subsequent felony; exception; segregation of offender; plea bargaining prohibited; aggravating factor. NRS 488.430 Evaluation of certain offenders before sentencing. NRS 488.440 Fee for chemical analysis. NRS 488.450 Implied consent to preliminary test of breath; failure to submit to test; use of results of test. NRS 488.460 Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which peace officer may direct person to submit to blood test; restrictions on requiring urine test; failure to submit to test. NRS 488.470 Requirements for evidentiary test of breath to determine concentration of alcohol in breath; use of reasonable force to obtain sample or conduct test. NRS 488.480 Admissibility of evidence of failure to submit to evidentiary test and results of test; availability of results of test; presumption of accuracy and reliability of testing device; judicial notice of certification of operator of testing device; other evidence not precluded. NRS 488.490 Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited. NRS 488.500 Admissibility of results of blood test in criminal action; immunity from liability for person administering blood test in certain circumstances. NRS 488.510 Presumption that solution or gas used to calibrate device for testing breath is properly prepared. NRS 488.520 Analysis of blood of deceased victim of accident involving vessel to determine presence and concentration of alcohol. Miscellaneous Provisions NRS 488.540 Commission may establish and maintain pilot rules; operator to maintain proper lookout; operation of vessel without required equipment prohibited. NRS 488.550 Collisions, accidents and other casualties. NRS 488.560 Transmittal of information regarding collision or accident to federal agency. Prohibited Acts 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. NRS 488.575 Wearing of personal flotation device by passenger less than 12 years of age: Duty of person who operates, owns or controls vessel; exceptions. NRS 488.580 Operation of personal watercraft. NRS 488.590 Overloading vessel prohibited. NRS 488.600 Unlawful operation of vessel: Reduced speed required in certain areas. NRS 488.610 Unlawful operation of vessel in restricted area; designation and marking of restricted areas. NRS 488.620 Operation of vessel in area marked for bathing, wading, diving, floating or swimming. NRS 488.630 Operation of vessel in unsafe condition; penalties. OPERATION OF MOTORBOATS ON INTERSTATE WATERS; INSTRUCTION IN SAFE BOATING NRS 488.730 Operation of certain motorboats on interstate waters of State by persons born on or after January 1, 1983: Requirements; presentation to peace officer of certain documentation; duties of certain persons engaged in business of renting or leasing motorboats. NRS 488.740 Department to certify persons to provide instruction in safe boating; powers and duties of Department concerning courses in safe boating. 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. ENFORCEMENT NRS 488.900 Enforcement by game wardens and other peace officers; inspection of vessel. NRS 488.910 Seizure of vessel to preserve evidence of crime; payment of storage fees. NRS 488.920 Citation; taking person before magistrate. PENALTIES 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 motorboat upon interstate waters of State. _________ GENERAL PROVISIONS NRS 488.015 Short title. This chapter shall be known and may be cited as the Nevada Boat Act. (Added to NRS by 1960, 474) NRS 488.025 Declaration of policy. It is the policy of this state to promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote uniformity of laws relating thereto. (Added to NRS by 1960, 473) NRS 488.035 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Commission” means the Board of Wildlife Commissioners. 2. “Department” means the Department of Wildlife. 3. “Flat wake” means the condition of the water close astern a moving vessel that results in a flat wave disturbance. 4. “Interstate waters of this state” means waters forming the boundary between the State of Nevada and an adjoining state. 5. “Legal owner” means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the State or any political subdivision of the State under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more. 6. “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. 7. “Operate” means to navigate or otherwise use a motorboat or a vessel. 8. “Owner” means: (a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he lends, rents or pledges the vessel; and (b) A debtor under a security agreement relating to a vessel. “Owner” does not include a person defined as a “legal owner” under subsection 5. 9. “Prohibited substance” has the meaning ascribed to it in NRS 484.1245. 10. “Registered owner” means the person registered by the Commission as the owner of a vessel. 11. A vessel is “under way” if it is adrift, making way or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring. 12. “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. 13. “Waters of this state” means any waters within the territorial limits of this state. (Added to NRS by 1960, 474; A 1965, 1060; 1967, 127; 1971, 756; 1979, 911; 1985, 519, 1962; 1991, 853; 1993, 222; 1999, 3430; 2003, 1567) NRS 488.045 Regulations of Board of Wildlife Commissioners: Adoption. The Commission may carry out the provisions of this chapter by appropriate regulations. (Added to NRS by 1960, 482; A 1965, 1061) NRS 488.055 Regulations of Board of Wildlife Commissioners: Filing and publication. A copy of the regulations adopted pursuant to the provisions of this chapter, and any amendments thereto, shall be filed in the office of the Commission. Rules and regulations shall be published by the Commission in a convenient form. (Added to NRS by 1960, 481; A 1965, 1061) NRS 488.059 Applicability; local regulation. 1. The provisions of this chapter, and of other applicable laws of this state, shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel is operated on the waters of this state, or when any activity regulated by this chapter takes place thereon; but nothing in this chapter prevents the adoption of any ordinance or local law relating to operation and

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