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Roger Norman

We Have Been Working on an Off-Road Safety Bill in the State of Nevada and Need YOUR HELP!

We have been working on an Off-Road Safety Bill in the State of Nevada and we need YOUR HELP!

Roger Norman reno nevadaWe only have 2 days left to get the Senate Judiciary to Vote on It!!! We only have till Friday the 15th and all voting is over.
We would appreciate it if you could send an e-mail to Senator Valerie Wiener (D) and ask her to bring SB-156 to a vote: vwiener@sen.state.nv.us. She is sitting on the Off-Road Safety Bill and if she does not allow it to go to vote it will be dead. She is the chairman and can decide what bills will go to vote.
We are confident we have the votes to pass the bill through this committee.
This is about the future of off-road racing in Nevada and making Nevada the true home of off-road racing in the USA. We only have till Friday the 15th and all voting is over. If Senator Wiener is still sitting on our bill the Trial Attorneys have won and we have lost a secure future for race promoters and off-road racing in Nevada. Just as in baseball and hockey, spectators have an assumption of risk when attending events. With the passage of this bill, off-road racing will be protected by law in the same way.
The revised Senate Bill SB-156 is below if you would like to review it, as well as a video of Roger’s testimony in front of the judiciary committee.

[vsw id=”21186921″ source=”vimeo” width=”425″ height=”344″ autoplay=”no”]
Here are the emails of the committee members, you can copy this to your browser:

SAMPLE LETTER:


Subject- Please bring SB-156 to a vote

Hello, I am writing you in hopes that you will bring SB-156 to a vote. The passing of this legislation will cement Nevada as the true home of off-road racing in the USA and bring valuable revenue along with it. Myself and thousands of others regularly participate in off-road racing and this legislation will absolutely make the future of our sport very bright and allow for our families to enjoy it for years to come.

Thank you for your consideration.

Sincerely,

Senate Contact List:

Judiciary Committee: Wiener (C), Copening (VC), Breeden, Kihuen, Gustavson, McGinness, Roberson

Valerie Wiener – Chairwoman of Committee, she decides if there is a vote.
vwiener@sen.state.nv.us
w:702-871-6536
w:775-684-1422 rm 1224

Allison Copening – Vice Chairwoman
acopening@sen.state.nv.us
h:702-869-9543
w:775-684-1475 room 2129

Don Gustavson – introduced Bill
dgustavson@sen.state.nv.us
w:775-684-1480 room 2104
c:775-722-1278

Shirley Breeden
sbreeden@sen.state.nv.us
h:702-456-6192
w:775-684-1457 room 2126

Ruben Kihuen
rkihuen@sen.state.nv.us
c:702-274-1707
w:775-684-1427 room 2124

Mike McGinness
mmcginness@sen.state.nv.us
h:775-423-5889
w:775-684-1442 room 2160

Michael Roberson
mroberson@sen.state.nv.us
h:702-612-692

SENATE BILL NO. 156–SENATOR GUSTAVSON
(BY REQUEST)
FEBRUARY 16, 2011
____________
Referred to Committee on Judiciary
SUMMARY—Limits the liability of certain persons involved with
an off-road sporting event. (BDR 3-791)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to liability of persons; establishing safety standards for off-road sporting events; limiting the liability of
certain persons involved with an off-road sporting event;
and providing other matters properly relating thereto.

1 Section 1. Chapter 41 of NRS is hereby amended by adding
2 thereto a new section to read as follows:
3 1. A promoter or organizer of an off-road sporting event in
4 this State, or a private property owner upon whose land an off
5road sporting event in this State is held, is not liable for any civil
6 damages relating to the promotion, organization or occurrence of the
off-road sporting event, if they adhere to the reasonable safety standards
set forth herein.
7 2. As used in this section, “off-road sporting event” means an
8 organized event that involves the use of off-road vehicles which
9are intended for recreational use and which may or may not be intended or
10 designed for use on a public highway.
11 Sec. 2. NRS 41.510 is hereby amended to read as follows:
12 41.510 1. Except as otherwise provided in subsection 3, an
13 owner of any estate or interest in any premises, or a lessee or an
14 occupant of any premises, owes no duty to keep the premises safe
15 for entry or use by others for participating in any recreational
16 activity, or to give warning of any hazardous condition, activity or
17 use of any structure on the premises to persons entering for those
18 purposes.
19 2. Except as otherwise provided in subsection 3, if an owner,
20 lessee or occupant of premises gives permission to another person to
21 participate in recreational activities upon those premises:
22 (a) The owner, lessee or occupant does not thereby extend any
23 assurance that the premises are safe for that purpose or assume
24 responsibility for or incur liability for any injury to person or
25 property caused by any act of persons to whom the permission is
26 granted.
27 (b) That person does not thereby acquire any property rights in
28 or rights of easement to the premises.
29 3. This section does not:
30 (a) Limit the liability which would otherwise exist for:
31 (1) Willful or malicious failure to guard, or to warn against, a
32 dangerous condition, use, structure or activity.
33 (2) Injury suffered in any case where permission to
34 participate in recreational activities was granted for a consideration
35 other than the consideration, if any, paid to the landowner by the
36 State or any subdivision thereof. For the purposes of this
37 subparagraph, the price paid for a game tag sold pursuant to NRS
38 502.145 by an owner, lessee or manager of the premises shall not be
39 deemed consideration given for permission to hunt on the premises.
40 (3) Injury caused by acts of persons to whom permission to
41 participate in recreational activities was granted, to other persons as
42 to whom the person granting permission, or the owner, lessee or
43 occupant of the premises, owed a duty to keep the premises safe or
44 to warn of danger.
45 (b) Create a duty of care or ground of liability for injury to
46 person or property.

1 4. As used in this section, “recreational activity” includes, but
2 is not limited to:
3 (a) Hunting, fishing or trapping;
4 (b) Camping, hiking or picnicking;
5 (c) Sightseeing or viewing or enjoying archaeological, scenic,
6 natural or scientific sites;
7 (d) Hang gliding or paragliding;
8 (e) Spelunking;
9 (f) Collecting rocks;
10 (g) Participation in winter sports, including cross-country skiing,
11 snowshoeing or riding a snowmobile, or water sports;
12 (h) Riding animals, including equestrian competitions, riding in vehicles or riding a road or
13 mountain bicycle; bicycle racing, bicycle jumping, bicycle trail riding, or bicycle endurance racing.
14 (i) Studying nature;
15 (j) Gleaning;
16 (k) Recreational gardening;
18 (l) Crossing over to public land or land dedicated for public use.
19 Motorized Vehicle racing, off-road motorcycle racing, or four wheel driving of any kind, UTV, or ATV racing, or driving of any kind.

Section 3. Reasonable safety standards.
a.) Signage identifying the event shall be posted at permissible entrances to the event and at access roads leading to the events. Spectator safety rules shall be made available to all participants attending the event by posting at spectator entrances, via download on the event website, or through printed material when requested by a spectator.

b.) Signage, and / or maps indicating spectator viewing areas shall be required. Spectators should be made aware that off-road sporting events are inherently dangerous, that entry into and remaining at the event has a degree of danger that there is a possibility of an accident causing injury, death, property damage or other losses, and that it is a condition of entry that the spectator attend the event and use the services and facilities of the event entirely at their own risk, by posting at spectator entrances, via download on the event website, or through printed material when requested by a spectator.

1.)For racing events only: The first 30 feet leading up to the starting line will be delineated and restricted to approved race participants, officials, credentialed media, safety personnel, and security. In the event no physical barrier such as K-rail or an earthen berm is present at the starting line, spectator areas shall be required to maintain a minimum of 100 feet from the delineated edge of the race course for Car and Truck racing, and 50 feet for Motorcycle, ATV, and UTV racing. Exemptions; Bicycle racing events do not require a minimum distance or when a permanent barrier or elevated spectator area that prevents debris from entering the spectator area has been constructed.
2. For racing events only: Full speed finish lines shall be located in a manner that allows full view of an approaching race vehicle, and sufficient room for a race vehicle to decrease speed upon passing the finish line location. In the event that no physical barrier such as a K-Rail or earthen berm is present at the finish line spectator areas shall be required to maintain a minimum of 100 feet from the delineated edge of the race course for the first 200 feet of the run out area for car and truck racing, and 50 feet for the first 100 feet for Motorcycle, ATV, and UTV racing. Exemptions; Bicycle racing events do not require a minimum distance or when a permanent barrier or elevated spectator area that prevents debris from entering the spectator area has been constructed.
3.) For racing events with ceremonial finish lines following the full speed finish. Race vehicles shall be instructed to maintain a speed limit of no more than 25MPH from the full speed finish line to the ceremonial finish line. In the event that no physical barrier such as K-rail or earthen berm is present spectator’s areas shall be required to maintain a minimum of 25 feet from the delineated edge of the ceremonial finish line in all directions In the event that no delineated route is present from the ceremonial finish line vehicles shall be moved with the use of on foot spotters to create a 20 foot clear path from the spectator area.
c.) Hot pits shall be restricted to approved and identified race participants, Officials, credentialed media, safety personnel and security during race activities. Hot pits are defined as any approved, identified and delineated location in which a race vehicle may be serviced in a high speed manner during a race event. Camping, garage, storage, or service areas in use during race or non-race periods are not to be considered hot pits. Children under the age of 14 may not be allowed in hot pits. Hot pits shall be delineated and posted as closed to spectators. Race speeds in Hot pits shall be reduced to a maximum speed of 25 MPH. Exceptions youth racing events shall follow the age requirements for minimum age of race participants in the Hot pits.
d) Spectator areas must be clearly defined and delineated. Boundaries of spectator areas must be posted “Danger No spectators past this point!” All other areas will not be considered spectator areas and spectators will be considered trespassing if in those areas, and are subject to arrest. Spectator areas for car and truck races shall not be located within 100 feet of the race course below an obstacle, or on the outside of a turn. For Motorcycle, ATV, and UTV races Spectator areas shall not be located within 50 feet of the race course below and obstacle or on the outside of a turn. Bicycle racing events do not require a minimum distance or when a permanent barrier or elevated spectator area that prevents debris from entering the spectator area has been constructed.
e) Spectator areas shall be clearly delineated. Spectators shall not be allowed to cross the race course during race activities. Concessioners will be located in these areas.
f) Port-a-potties and dumpsters must be available to spectators in designated areas.
g) First responders, ambulance personnel and/or fire personnel shall be on-site at an event to facilitate assistance to any participant or spectator in need.
Section 4: Limitation on actions for injury resulting from inherent dangers and risks of off-road sporting events. Notwithstanding any judicial decision or any other law or statute to the contrary, no spectator, participant or other non-participants in proximity to the venue for the off-road sporting event may make any claim against or recover damages from any organizer, promoter, participant of off-road sporting event is held, for injury or damage resulting from any of inherent dangers and risks of off-road sporting events, as long as they adhere to the reasonable safety standards of Section 1.

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