Obedience to signal of authorized flagman; prosecution of violations; penalties.
1. It is unlawful for a driver of a vehicle to fail or refuse to comply with any signal of an authorized flagman serving in a traffic control capacity in a clearly marked area of highway construction or maintenance.
2. A district attorney shall prosecute all violations of subsection 1 which occur in his jurisdiction and which result in injury to any person performing highway construction or maintenance unless the district attorney has good cause for not prosecuting the violation. In addition to any other penalty, if a driver violates any provision of subsection 1 and the violation results in injury to any person performing highway construction or maintenance, or in damage to property in an amount of not less than $1,000, the driver shall be punished by a fine of not less than $1,000 or more than $2,000, and ordered to perform 120 hours of community service.
3. A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484.3667.
4. As used in this section, “authorized flagman serving in a traffic control capacity” means:
(a) An employee of the Department of Transportation or of a contractor performing highway construction or maintenance for the Department of Transportation while he is carrying out the duties of his employment;
(b) An employee of any other governmental entity or of a contractor performing highway construction or maintenance for the governmental entity while he is carrying out the duties of his employment; or
(c) Any other person employed by a private entity performing highway construction or maintenance while he is carrying out the duties of his employment if the person has satisfactorily completed training as a flagman approved or recognized by the Department of Transportation.
Last modified: February 25, 2006