NAC488.460. Restrictions on noise; fee for certain permits; mufflers; tests of noise levels.

     1. A person shall not operate a motorboat in such a manner as to exceed:

     (a) A noise level of 86 dB(A) measured at a distance of 50 feet or more from the motorboat as prescribed in SAE International Standards, SAE J34;

     (b) For engines manufactured:

          (1) Before January 1, 1993, a noise level of 90 dB(A) when subjected to a stationary sound level test conducted in accordance with SAE International Standards, SAE J2005; and

          (2) On or after January 1, 1993, a noise level of 88 dB(A) when subjected to a stationary sound level test conducted in accordance with SAE International Standards, SAE J2005; or

     (c) A noise level of 75 dB(A) measured as specified in SAE International Standards, SAE J1970, except that a measurement of noise level that is in compliance with this paragraph does not preclude the conducting of a test of noise level pursuant to paragraph (a) or (b),

Ê unless the person has a permit issued in accordance with paragraph (d) of subsection 3 of NRS 488.195 or subsection 4 of NRS 488.195. The fee for a permit issued in accordance with paragraph (d) of subsection 3 of NRS 488.195 is $25.

     2. A person shall not operate or give permission for the operation of any motorboat in or upon the waters of this State if the motorboat is equipped with an altered muffler, muffler cutout, muffler bypass or any other device designed or installed so that it can be used continually or intermittently to bypass any muffler or muffler system installed on the motorboat, or to reduce or eliminate the effectiveness of such a muffler or muffler system.

     3. A person shall not remove, alter or otherwise modify in any way a muffler or muffler system installed on a motorboat in such a manner as to prevent the muffler or muffler system from being operated in accordance with this section.

     4. A peace officer authorized to enforce the provisions of this section who has reason to believe that a motorboat is being operated in violation of the noise levels established in this section may direct the operator of the motorboat to submit the motorboat to an on-site test to measure noise level. An operator of a motorboat who receives a request from a peace officer pursuant to this subsection to test the noise level of the motorboat shall allow the motorboat to be tested. If, based on a test to determine the noise level of a motorboat administered pursuant to this section, the noise level of the motorboat exceeds the decibel levels established in this section, the peace officer shall direct the operator of the motorboat to take immediate and reasonable measures to correct the violation, including, without limitation, returning the motorboat to a mooring and keeping the motorboat at the mooring until the motorboat no longer operates in violation of this section.

     5. A copy of the conditions and restrictions for conducting a test of noise levels to determine if a motorboat is in violation of the maximum noise levels set forth in this section may be obtained free of charge from the main or any regional office of the Department.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 47, eff. 2-10-82]—(NAC A 3-13-97; R116-00, 3-29-2001)