1.  The Department shall establish a program wherein a contractor that has been awarded a contract for the construction, reconstruction, improvement, maintenance or repair of a highway may obtain a permit for the use of a law enforcement vehicle owned by the Nevada Highway Patrol that is:

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(a) Plainly and clearly marked as a vehicle of the Nevada Highway Patrol;

(b) Equipped with at least one flashing red warning lamp and may be equipped with additional warning lights; and

(c) Rendered incapable of being driven.

2.  The Department may adopt regulations to carry out the program established pursuant to this section.

3.  Except as provided by subsection 5, a contractor who is issued a permit pursuant to subsection 1 for a law enforcement vehicle described in subsection 1 may:

(a) Tow the vehicle to and from the area where the work on the highway is being performed; and

(b) Operate the flashing red warning lamp or other warning lights while the vehicle is parked in the area in which work on the highway is being performed only if construction workers are present.

4.  The use of a law enforcement vehicle pursuant to a permit issued pursuant to this section, including, without limitation, the operation of the flashing red warning lamp or other warning lights, shall not be considered the false impersonation of a police officer.

5.  A contractor may only use the law enforcement vehicle pursuant to subsection 3 if the contractor has requested the presence of an authorized emergency vehicle operated by a peace officer employed by the Nevada Highway Patrol and neither an officer nor an authorized emergency vehicle could be made available in the area where the work on the highway is being performed.