[Rev. 2/11/2015 11:25:07
AM--2014R2]
CHAPTER 490 - OFF-HIGHWAY VEHICLES
GENERAL PROVISIONS
NRS 490.010 Definitions.
NRS 490.020 “Authorized
dealer” defined.
NRS 490.022 “Commission”
defined.
NRS 490.024 “Consignee”
defined.
NRS 490.026 “Consignment”
defined.
NRS 490.028 “Consignment
contract” defined.
NRS 490.035 “Fund”
defined. [Repealed.]
NRS 490.040 “Highway”
defined.
NRS 490.043 “Large
all-terrain vehicle” defined.
NRS 490.045 “Manufacturer”
defined.
NRS 490.050 “Motor
vehicle” defined.
NRS 490.060 “Off-highway
vehicle” defined.
NRS 490.061 “Off-highway
vehicle dealer” defined.
NRS 490.062 “Off-highway
vehicle salesperson” defined.
NRS 490.064 Definitions
for limited purposes.
NRS 490.065 Enforcement
of chapter.
NRS 490.066 Regulations.
COMMISSION ON OFF-HIGHWAY VEHICLES
NRS 490.067 Creation;
membership; terms of members; compensation; oath of office; Executive
Secretary; regulations.
NRS 490.068 Election
of officers; nonvoting advisers; Commission authorized to award grants of money
from Account; duties of Commission relating to Account; report to Legislature.
NRS 490.069 Account
for Off-Highway Vehicles: Creation; use of money in Account.
REQUIRED CERTIFICATES
NRS 490.070 Department
of Motor Vehicles may authorize off-highway vehicle dealer to receive and
submit applications for the issuance of certificates of title and registration
and renewal of registration; duties of authorized dealer; fee; regulations.
NRS 490.082 When
owner authorized or required to apply for certificate of title and
registration; exemption from registration; expiration, reinstatement and
renewal of registration; duplicate certificate of title or registration;
inapplicability to nonresident.
NRS 490.0825 Large
all-terrain vehicle: Alternative registration; requirement for insurance;
documents required.
NRS 490.0827 Special
plates for off-highway vehicle dealer, long-term or short-term lessor or
manufacturer: Issuance upon licensure or renewal.
NRS 490.083 Form,
size, number and display of registration.
NRS 490.0835 Department
may assign distinguishing number under certain circumstances.
NRS 490.084 Fees
for issuance of certificate of title and for annual registration; distribution
of money collected.
NRS 490.085 Revolving
Account for the Administration of Off-Highway Vehicle Titling and Registration:
Creation; use of money in Account.
NRS 490.086 Revolving
Account for the Assistance of the Department: Creation; use of money in
Account.
RULES OF OPERATION
NRS 490.090 Operation
on undesignated paved highways generally prohibited; exceptions; operation on
public land, trails, ways or unpaved county roads authorized unless prohibited
by governmental entity having jurisdiction; authority of governmental entities
having jurisdiction to distribute information concerning prohibited areas and
to erect signs designating prohibited areas.
NRS 490.100 Authority
of city or county to designate portion of highway for off-highway vehicle use;
approval of Department of Transportation regarding state highways; interstate
highways excluded; supervision of certain minors; limitation on purpose of use.
NRS 490.105 Large
all-terrain vehicle: Operation on certain roads authorized; conditions; local
governing body may prohibit by ordinance or resolution.
NRS 490.110 Authorized
and unauthorized operation on highway.
NRS 490.120 Required
equipment for operation on highway; exception.
NRS 490.125 Authorized
operation by off-highway vehicle dealer, long-term or short-term lessor or
manufacturer for purposes of display, demonstration, maintenance, sale or
exchange; special plate requirements; exceptions.
NRS 490.130 Duties
of operator when operating off-highway vehicle on highway.
CONSIGNMENT OF OFF-HIGHWAY VEHICLES
NRS 490.150 Written
consignment contract required before taking off-highway vehicle on consignment;
required provisions of contract.
NRS 490.160 Duties
of consignee; trust account; disclosure statement; applicability of section;
operation of off-highway vehicle subject to consignment contract; written log;
prohibited acts; penalties.
LICENSING AND REGULATION OF NEW AND USED OFF-HIGHWAY VEHICLE
DEALERS, LONG-TERM AND SHORT-TERM LESSORS AND MANUFACTURERS
NRS 490.200 Licenses
and permits required; off-highway vehicle dealer to submit proof of
authorization to sell from manufacturer; license does not extend to motor
vehicles or trailers; Department to investigate applicant; penalties for
violations.
NRS 490.210 Application
for license; fees; issuance of license; renewal of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 490.210 Application
for license; fees; issuance of license; renewal of license. [Effective on the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 490.220 Off-highway
vehicle dealer in new off-highway vehicles not to be issued license unless such
dealer first furnishes to Department instrument indicating dealer is authorized
franchised off-highway vehicle dealer; additional functions in which used
off-highway vehicle dealer may engage.
NRS 490.230 Activities
constituting prima facie evidence that person is acting as off-highway vehicle
dealer.
NRS 490.240 License
required for each branch of off-highway vehicle dealer and long-term lessor;
contents of license; posting of license; temporary license for off-highway
vehicle dealer to conduct business at temporary location.
NRS 490.250 Licensees
to post licenses in conspicuous place visible to public.
NRS 490.260 Director
to consider certain matters before renewing license; authority of Director to
require bond.
NRS 490.270 Bonding
requirements; remedies of injured person; judgment; prohibition upon issuance
of license to certain persons not having established place of business in this
State; exemptions.
NRS 490.280 Deposit
in lieu of bond: Specifications; conditions for release; liability; refund;
deposit in Motor Vehicle Fund.
NRS 490.290 Principal
place of business and branches to be covered by bond or deposit; licensee to
procure certain separate bonds or make separate deposits.
NRS 490.300 Denial
or revocation of license: Evidence of unfitness of applicant or licensee.
NRS 490.310 Grounds
for denial, suspension or revocation of license; disclosure of financial
records; regulations.
NRS 490.320 Ability
of applicant or licensee to petition for hearing after notice of denial,
suspension or revocation; duties and powers of Director; exception from
applicability of section.
NRS 490.330 Statement
regarding payment of child support by applicant for license; grounds for denial
of license; duty of Department. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 490.340 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 490.350 Established
place of business required; notification of Department of branches by
short-term lessors.
NRS 490.360 Off-highway
vehicle dealer: Location and name of business; designation of principal place
of business and branches; branches may be operated under authority of license
for principal place of business under certain circumstances; change of name or
location.
NRS 490.370 Duty
to affix legible sign containing name of business; exceptions.
NRS 490.380 Dealer
to allow certain purchasers and prospective purchasers to view certain
documents in Spanish language.
NRS 490.390 Books
and records: Location; inspection and copying; retention.
NRS 490.400 Vehicle
taken in trade by off-highway vehicle dealer: Satisfaction of outstanding
security interest.
NRS 490.410 “Bait
and switch,” misleading or inaccurate advertising prohibited; regulations.
NRS 490.420 License
or temporary permit required to act as off-highway vehicle salesperson;
applicability of provisions relating to vehicle salespersons.
NRS 490.430 Notarization
not required for documents filed by off-highway vehicle dealer; exception.
DOCUMENTATION RELATING TO SALE OF NEW AND USED OFF-HIGHWAY
VEHICLES
NRS 490.440 Off-highway
vehicle dealer’s report of sale to be completed when new or used off-highway
vehicle is sold or leased for first time; exceptions; regulations.
NRS 490.450 Submission
of certificate or other documentation when used off-highway vehicle is sold by
person who is not off-highway vehicle dealer; processing fee.
PENALTIES
NRS 490.500 Penalty
for knowingly providing certain false information relating to title or security
interest or for not submitting report of sale or lease within time prescribed.
NRS 490.510 Administrative
fines; compelled compliance with provisions of law.
NRS 490.520 Criminal
penalties for certain violations of chapter.
_________
GENERAL PROVISIONS
NRS 490.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 490.020 to 490.062, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2005, 2025; A 2009, 3101;
2013, 704)
NRS 490.020 “Authorized dealer” defined. “Authorized
dealer” means a dealer authorized by the Department to receive and submit to
the Department applications for the issuance of certificates of title for, and
registrations of, off-highway vehicles pursuant to NRS
490.070.
(Added to NRS by 2005, 2025; A 2009, 3102;
2011, 292)
NRS 490.022 “Commission” defined. “Commission”
means the Commission on Off-Highway Vehicles created by NRS
490.067.
(Added to NRS by 2009, 3078;
A 2011, 292)
NRS 490.024 “Consignee” defined. “Consignee”
means any person licensed pursuant to this chapter to sell or lease off-highway
vehicles or any person who holds himself or herself out as being in the
business of selling, leasing or consigning off-highway vehicles.
(Added to NRS by 2009, 3078;
A 2011, 292)
NRS 490.026 “Consignment” defined. “Consignment”
means any transaction whereby the registered owner or lienholder of an
off-highway vehicle subject to registration pursuant to this chapter agrees,
entrusts or in any other manner authorizes a consignee to act as his or her
agent to sell, exchange, negotiate or attempt to negotiate a sale or an
exchange of the interest of the registered owner or lienholder in the
off-highway vehicle, whether or not for compensation.
(Added to NRS by 2009, 3078;
A 2011, 292)
NRS 490.028 “Consignment contract” defined. “Consignment
contract” means a written agreement between a registered owner or lienholder of
an off-highway vehicle and a consignee to whom the off-highway vehicle has been
entrusted by consignment for the purpose of sale that specifies the terms and
conditions of the consignment and sale.
(Added to NRS by 2009, 3078;
A 2011, 292)
NRS 490.035 “Fund” defined. Repealed.
(See chapter 463, Statutes of Nevada 2013, at page 2768.)
NRS 490.040 “Highway” defined. “Highway”
has the meaning ascribed to it in NRS
482.045.
(Added to NRS by 2005, 2025)
NRS 490.043 “Large all-terrain vehicle” defined. “Large
all-terrain vehicle” means any all-terrain vehicle that includes seating
capacity for at least two people abreast and:
1. Total seating capacity for at least
four people; or
2. A truck bed.
(Added to NRS by 2013, 704)
NRS 490.045 “Manufacturer” defined. “Manufacturer”
means every person engaged in the business of manufacturing off-highway
vehicles.
(Added to NRS by 2009, 3078;
A 2011, 292)
NRS 490.050 “Motor vehicle” defined. “Motor
vehicle” has the meaning ascribed to it in NRS
482.075.
(Added to NRS by 2005, 2025)
NRS 490.060 “Off-highway vehicle” defined.
1. “Off-highway vehicle” means a motor
vehicle that is designed primarily for off-highway and all-terrain use. The
term includes, but is not limited to:
(a) An all-terrain vehicle, including, without
limitation, a large all-terrain vehicle without regard to whether that large
all-terrain vehicle is registered by the Department in accordance with NRS 490.0825 as a motor vehicle intended to be
operated upon the highways of this State;
(b) An all-terrain motorcycle;
(c) A dune buggy;
(d) A snowmobile; and
(e) Any motor vehicle used on public lands for
the purpose of recreation.
2. The term does not include:
(a) A motor vehicle designed primarily for use in
water;
(b) A motor vehicle that is registered by the
Department in accordance with chapter 482 of
NRS;
(c) A low-speed vehicle as defined in NRS 484B.637; or
(d) Special mobile equipment, as defined in NRS 482.123.
(Added to NRS by 2005, 2025; A 2009, 3102;
2011, 292;
2013, 705)
NRS 490.061 “Off-highway vehicle dealer” defined.
1. “Off-highway vehicle dealer” means any
person who:
(a) For compensation, money or other thing of
value sells, exchanges, buys, offers or displays for sale, negotiates or
attempts to negotiate a sale or exchange of an interest in an off-highway
vehicle;
(b) Represents that he or she has the ability to
sell, exchange, buy or negotiate the sale or exchange of an interest in an
off-highway vehicle under this chapter or in any other state or territory of
the United States;
(c) Receives or expects to receive a commission,
money, brokerage fee, profit or any other thing of value from the seller or
purchaser of an off-highway vehicle; or
(d) Is engaged wholly or in part in the business
of selling off-highway vehicles or buying or taking in trade off-highway
vehicles for the purpose of resale, selling or offering for sale or consignment
to be sold or otherwise dealing in off-highway vehicles, whether or not he or
she owns the off-highway vehicles.
2. “Off-highway vehicle dealer” does not
include:
(a) An insurance company, bank, finance company,
governmental agency or any other person coming into possession of an off-highway
vehicle, acquiring a contractual right to an off-highway vehicle or incurring
an obligation with respect to an off-highway vehicle in the performance of
official duties or under the authority of any court of law, if the sale of the
off-highway vehicle is to save the seller from loss or pursuant to the
authority of a court of competent jurisdiction;
(b) A person, other than a long-term or
short-term lessor, who is not engaged in the purchase or sale of off-highway
vehicles as a business but is disposing of off-highway vehicles acquired by the
owner for his or her use and not to avoid the provisions of this chapter, or a
person who sells not more than three personally owned off-highway vehicles in
any 12-month period;
(c) Persons regularly employed as salespersons by
off-highway vehicle dealers, licensed under this chapter, while those persons
are acting within the scope of their employment; or
(d) Persons who are incidentally engaged in the
business of soliciting orders for the sale and delivery of off-highway vehicles
outside the territorial limits of the United States if their sales of such
vehicles produce less than 5 percent of their total gross revenue.
(Added to NRS by 2009, 3078;
A 2011, 292)
NRS 490.062 “Off-highway vehicle salesperson” defined. “Off-highway vehicle salesperson” means:
1. A person employed by an off-highway
vehicle dealer, under any form of contract or arrangement to sell, exchange,
buy, or offer for sale, or exchange an interest in an off-highway vehicle to
any person, who receives or expects to receive a commission, fee or any other
consideration from the seller or purchaser of the off-highway vehicle; or
2. A person who exercises managerial
control within the business of an off-highway vehicle dealer or a long-term or
short-term lessor, or who supervises salespersons employed by an off-highway
vehicle dealer or a long-term or short-term lessor, whether compensated by
salary or by commission, or who negotiates with or induces a customer to enter
into a security agreement on behalf of an off-highway vehicle dealer or a
long-term or short-term lessor of off-highway vehicles.
(Added to NRS by 2009, 3079;
A 2011, 292)
NRS 490.064 Definitions for limited purposes. For
the purposes of regulation under this chapter and of imposing tort liability
under NRS 41.440, and for no other
purpose:
1. “Lease” means a contract by which the
lienholder or owner of an off-highway vehicle transfers to another person, for
compensation, the right to use such off-highway vehicle.
2. “Long-term lessee” means a person who
has leased an off-highway vehicle from another person for a fixed period of
more than 31 days.
3. “Long-term lessor” means a person who
has leased an off-highway vehicle to another person for a fixed period of more
than 31 days.
4. “Short-term lessee” means a person who
has leased an off-highway vehicle from another person for a period of 31 days
or less, or by the day, or by the trip.
5. “Short-term lessor” means a person who
has leased an off-highway vehicle to another person for a period of 31 days or
less, or by the day, or by the trip.
(Added to NRS by 2009, 3078;
A 2011, 292)
NRS 490.065 Enforcement of chapter. The
Department, all officers thereof and all peace officers in this State shall
enforce the provisions of this chapter.
(Added to NRS by 2009, 3085;
A 2011, 292)
NRS 490.066 Regulations. The
Director may adopt and enforce such administrative regulations as are necessary
to carry out the provisions of this chapter.
(Added to NRS by 2009, 3086;
A 2011, 292)
COMMISSION ON OFF-HIGHWAY VEHICLES
NRS 490.067 Creation; membership; terms of members; compensation; oath of
office; Executive Secretary; regulations.
1. The Commission on Off-Highway Vehicles
is hereby created.
2. The Commission consists of 11 members
as follows:
(a) One member who is an authorized dealer,
appointed by the Governor;
(b) One member who is a sportsman, appointed by
the Governor from a list of persons submitted by the Director of the Department
of Wildlife;
(c) One member who is a rancher, appointed by the
Governor from a list of persons submitted by the Director of the State
Department of Agriculture;
(d) One member who is a representative of the
Nevada Association of Counties, appointed by the Governor from a list of
persons submitted by the Executive Director of the Association;
(e) One member who is a representative of law
enforcement, appointed by the Governor from a list of persons submitted by the
Nevada Sheriffs’ and Chiefs’ Association;
(f) One member, appointed by the Governor from a
list of persons submitted by the Director of the State Department of
Conservation and Natural Resources, who:
(1) Possesses a degree in soil science,
rangeland ecosystems science or a related field;
(2) Has at least 5 years of experience
working in one of the fields described in subparagraph (1); and
(3) Is knowledgeable about the ecosystems
of the Great Basin Region of central Nevada or the Mojave Desert;
(g) One member, appointed by the Governor, who is
a representative of an organization that represents persons who use off-highway
vehicles to access areas to participate in recreational activities that do not
primarily involve off-highway vehicles; and
(h) Four members, appointed by the Governor, who
reside in the State of Nevada and have participated in recreational activities
for off-highway vehicles for at least 5 years using the type of off-highway
vehicle owned or operated by the persons they will represent, as follows:
(1) One member who represents persons who
own or operate all-terrain vehicles;
(2) One member who represents persons who
own or operate all-terrain motorcycles;
(3) One member who represents persons who
own or operate snowmobiles; and
(4) One member who represents persons who
own or operate, and participate in the racing of, off-highway motorcycles.
3. The Governor shall not appoint to the
Commission any member described in paragraph (h) of subsection 2 unless the
member has been recommended to the Governor by an off-highway vehicle
organization. As used in this subsection, “off-highway vehicle organization”
means a profit or nonprofit corporation, association or organization formed
pursuant to the laws of this State and which promotes off-highway vehicle
recreation or racing.
4. After the initial terms, each member of
the Commission serves for a term of 3 years. A vacancy on the Commission must
be filled in the same manner as the original appointment.
5. Except as otherwise provided in this
subsection, a member of the Commission may not serve more than two consecutive
terms on the Commission. A member who has served two consecutive terms on the
Commission may be reappointed if the Governor does not receive any applications
for that member’s seat or if the Governor determines that no qualified
applicants are available to fill that member’s seat.
6. The Governor shall ensure that, insofar
as practicable, the members appointed to the Commission reflect the
geographical diversity of this State.
7. Each member of the Commission:
(a) Is entitled to receive, if money is available
for that purpose from the fees collected pursuant to NRS
490.084, the per diem allowance and travel expenses provided for state
officers and employees generally.
(b) Shall swear or affirm that he or she will work
to create and promote responsible off-highway vehicle recreation in the State.
The Governor may remove a member from the Commission if the member violates the
oath described in this paragraph.
8. The Commission may employ an Executive
Secretary, who must not be a member of the Commission, to assist in its daily
operations and in administering the Account for Off-Highway Vehicles created by
NRS 490.069.
9. The Commission may adopt regulations
for the operation of the Commission. Upon request by the Commission, the
nonvoting advisers solicited by the Commission pursuant to NRS 490.068 may provide assistance to the Commission
in adopting those regulations.
(Added to NRS by 2009, 3082;
A 2011, 292;
2013, 2760)
NRS 490.068 Election of officers; nonvoting advisers; Commission authorized
to award grants of money from Account; duties of Commission relating to
Account; report to Legislature.
1. The Commission shall:
(a) Elect a Chair, Vice Chair, Secretary and
Treasurer from among its members.
(b) Meet at the call of the Chair.
(c) Meet at least four times each year.
(d) Solicit nine nonvoting advisers to the
Commission to serve for terms of 2 years as follows:
(1) One adviser from the Bureau of Land
Management.
(2) One adviser from the United States
Forest Service.
(3) One adviser who is:
(I) From the Natural Resources
Conservation Service of the United States Department of Agriculture; or
(II) A teacher, instructor or
professor at an institution of the Nevada System of Higher Education and who
provides instruction in environmental science or a related field.
(4) One adviser from the State Department
of Conservation and Natural Resources.
(5) One adviser from the Department of
Wildlife.
(6) One adviser from the Department of
Motor Vehicles.
(7) One adviser from the Commission on
Tourism, other than the Chair of the Nevada Indian Commission.
(8) One adviser from the Nevada Indian
Commission.
(9) One adviser from the United States
Fish and Wildlife Service.
2. The Commission may award a grant of
money from the Account for Off-Highway Vehicles created by NRS 490.069. Any such grant must comply with the
requirements set forth in NRS 490.069. The
Commission shall:
(a) Adopt regulations setting forth who may apply
for a grant of money from the Account for Off-Highway Vehicles and the manner
in which such a person may submit the application to the Commission. The
regulations adopted pursuant to this paragraph must include, without
limitation, requirements that:
(1) Any person requesting a grant provide
proof satisfactory to the Commission that the appropriate federal, state or
local governmental agency has been consulted regarding the nature of the
project to be funded by the grant and regarding the area affected by the
project;
(2) The application for the grant address
all applicable laws and regulations, including, without limitation, those
concerning:
(I) Threatened and endangered
species in the area affected by the project;
(II) Ecological, cultural and
archaeological sites in the area affected by the project; and
(III) Existing land use
authorizations and prohibitions, land use plans, special designations and local
ordinances for the area affected by the project; and
(3) Any compliance information provided by
an appropriate federal, state or local governmental agency, and any information
or advice provided by any agency, group or individual be submitted with the
application for the grant.
(b) Adopt regulations for awarding grants from
the Account.
(c) Adopt regulations for determining the
acceptable performance of work on a project for which a grant is awarded.
(d) Approve the completion of, and payment of
money for, work performed on a project for which a grant is awarded, if the
Commission determines the work is acceptable.
(e) Monitor the accounting activities of the
Account.
3. The nonvoting advisers solicited by the
Commission pursuant to paragraph (d) of subsection 1 shall assist the
Commission in carrying out the duties set forth in this section and shall
review for completeness and for compliance with the requirements of paragraph
(a) of subsection 2 all applications for grants.
4. For each regular session of the
Legislature, the Commission shall prepare a comprehensive report, including,
without limitation, a summary of any grants that the Commission awarded and of
the accounting activities of the Account, and any recommendations of the
Commission for proposed legislation. The report must be submitted to the
Director of the Legislative Counsel Bureau for distribution to the Legislature
not later than September 1 of each even-numbered year.
(Added to NRS by 2009, 3084;
A 2011, 292;
2013, 123,
2761)
NRS 490.069 Account for Off-Highway Vehicles: Creation; use of money in
Account.
1. The Account for Off-Highway Vehicles is
hereby created in the State General Fund as a revolving account. The Commission
shall administer the Account. Any money remaining in the Account at the end of
a fiscal year does not revert to the State General Fund, and the balance in the
Account must be carried forward to the next fiscal year.
2. During the period beginning on July 1,
2012, and ending on June 30, 2013, money in the Account may only be used by the
Commission for the reasonable administrative costs of the Commission and to
inform the public of the requirements of this chapter.
3. On or after July 1, 2013, money in the
Account may only be used by the Commission as follows:
(a) Not more than 5 percent of the money that is
in the Account as of January 1 of each year may be used for the reasonable
administrative costs of the Account.
(b) Except as otherwise provided in subsection 4,
20 percent of any money in the Account as of January 1 of each year that is not
used pursuant to paragraph (a) must be used for law enforcement, as recommended
by the Office of Criminal Justice Assistance of the Department of Public
Safety, or its successor, and any remaining portion of that money may be used
as follows:
(1) Sixty percent of the money may be used
for projects relating to:
(I) Studies or planning for trails
and facilities for use by owners and operators of off-highway vehicles. Money
received pursuant to this sub-subparagraph may be used to prepare environmental
assessments and environmental impact studies that are required pursuant to 42
U.S.C. §§ 4321 et seq.
(II) The mapping and signing of
those trails and facilities.
(III) The acquisition of land for
those trails and facilities.
(IV) The enhancement and maintenance
of those trails and facilities.
(V) The construction of those trails
and facilities.
(VI) The restoration of areas that
have been damaged by the use of off-highway vehicles.
(2) Fifteen percent of the money may be
used for safety training and education relating to off-highway vehicles.
4. If money is used for the projects
described in paragraph (b) of subsection 3, not more than 30 percent of such
money may be allocated to any one category of projects described in
subparagraph (1) of that paragraph.
(Added to NRS by 2009, 3081;
A 2011, 292;
2013, 2763)
REQUIRED CERTIFICATES
NRS 490.070 Department of Motor Vehicles may authorize off-highway vehicle
dealer to receive and submit applications for the issuance of certificates of
title and registration and renewal of registration; duties of authorized
dealer; fee; regulations.
1. Upon the request of an off-highway vehicle
dealer, the Department may authorize the off-highway vehicle dealer to receive
and submit to the Department applications for the:
(a) Issuance of certificates of title and
registration for off-highway vehicles; and
(b) Renewal of registration for off-highway
vehicles.
2. An authorized dealer shall:
(a) Except as otherwise provided in paragraph (b)
and subsection 4, submit to the State Treasurer for allocation to the
Department or to the Account for Off-Highway Vehicles created by NRS 490.069 all fees collected by the authorized
dealer from each applicant and properly account for those fees each month;
(b) Submit to the State Treasurer for deposit
into the Account for Off-Highway Vehicles all fees charged and collected and
required to be deposited in the Account pursuant to NRS
490.084;
(c) Comply with the regulations adopted pursuant
to subsection 5; and
(d) Bear any cost of equipment which is required
to receive and submit to the Department the applications described in
subsection 1, including any computer software or hardware.
3. Except as otherwise provided in
subsection 4, an authorized dealer is not entitled to receive compensation for
the performance of any services pursuant to this section.
4. An authorized dealer may charge and collect
a fee of not more than $2 for each application for a certificate of title or
registration received by the authorized dealer pursuant to this section. An
authorized dealer may retain any fee collected by the authorized dealer
pursuant to this subsection.
5. The Department shall adopt regulations
to carry out the provisions of this section. The regulations must include,
without limitation, provisions for:
(a) The expedient and secure issuance of:
(1) Forms for applying for the issuance of
certificates of title for, or registration of, off-highway vehicles;
(2) Certificates of title and registration
by the Department to each applicant whose application is approved by the
Department; and
(3) Renewal notices for registrations
before the date of expiration of the registrations;
(b) The renewal of registrations by mail or the
Internet;
(c) The collection of a fee of not less than $20
or more than $30 for the renewal of a registration of an off-highway vehicle
pursuant to NRS 490.082 or 490.0825;
(d) The submission by mail or electronic
transmission to the Department of an application for:
(1) The issuance of a certificate of title
for, or registration of, an off-highway vehicle; or
(2) The renewal of registration of an
off-highway vehicle;
(e) The replacement of a lost, damaged or
destroyed certificate of title or registration certificate, sticker or decal;
and
(f) The revocation of the authorization granted
to a dealer pursuant to subsection 1 if the authorized dealer fails to comply
with the regulations.
(Added to NRS by 2005, 2026; A 2009, 3102;
2011, 292;
2013, 705,
2763)
NRS 490.082 When owner authorized or required to apply for certificate of
title and registration; exemption from registration; expiration, reinstatement
and renewal of registration; duplicate certificate of title or registration;
inapplicability to nonresident.
1. An owner of an off-highway vehicle that
is acquired:
(a) Before July 1, 2011:
(1) May apply for, to the Department by
mail or to an authorized dealer, and obtain from the Department, a certificate
of title for the off-highway vehicle.
(2) Except as otherwise provided in
subsection 3, shall, within 1 year after July 1, 2011, apply for, to the
Department by mail or to an authorized dealer, and obtain from the Department,
the registration of the off-highway vehicle.
(b) On or after July 1, 2011, shall, within 30
days after acquiring ownership of the off-highway vehicle:
(1) Apply for, to the Department by mail
or to an authorized dealer, and obtain from the Department, a certificate of
title for the off-highway vehicle.
(2) Except as otherwise provided in
subsection 3, apply for, to the Department by mail or to an authorized dealer,
and obtain from the Department, the registration of the off-highway vehicle
pursuant to this section or NRS 490.0825.
2. If an owner of an off-highway vehicle
applies to the Department or to an authorized dealer for:
(a) A certificate of title for the off-highway
vehicle, the owner shall submit to the Department or to the authorized dealer
proof prescribed by the Department that he or she is the owner of the
off-highway vehicle.
(b) Except as otherwise provided in NRS 490.0825, the registration of the off-highway
vehicle, the owner shall submit:
(1) If ownership of the off-highway
vehicle was obtained before July 1, 2011, proof prescribed by the Department:
(I) That he or she is the owner of
the off-highway vehicle; and
(II) Of the unique vehicle
identification number, serial number or distinguishing number obtained pursuant
to NRS 490.0835 for the off-highway vehicle; or
(2) If ownership of the off-highway
vehicle was obtained on or after July 1, 2011:
(I) Evidence satisfactory to the
Department that he or she has paid all taxes applicable in this State relating
to the purchase of the off-highway vehicle, or submit an affidavit indicating
that he or she purchased the vehicle through a private party sale and no tax is
due relating to the purchase of the off-highway vehicle; and
(II) Proof prescribed by the
Department that he or she is the owner of the off-highway vehicle and of the
unique vehicle identification number, serial number or distinguishing number
obtained pursuant to NRS 490.0835 for the
off-highway vehicle.
3. Registration of an off-highway vehicle
is not required if the off-highway vehicle:
(a) Is owned and operated by:
(1) A federal agency;
(2) An agency of this State; or
(3) A county, incorporated city or
unincorporated town in this State;
(b) Is part of the inventory of a dealer of
off-highway vehicles and is affixed with a special plate provided to the
off-highway vehicle dealer pursuant to NRS 490.0827;
(c) Is registered or certified in another state
and is located in this State for not more than 15 days;
(d) Is used solely for husbandry on private land
or on public land that is leased to or used under a permit issued to the owner
or operator of the off-highway vehicle;
(e) Is used for work conducted by or at the
direction of a public or private utility;
(f) Was manufactured before January 1, 1976;
(g) Is operated solely in an organized race,
festival or other event that is conducted:
(1) Under the auspices of a sanctioning
body; or
(2) By permit issued by a governmental
entity having jurisdiction;
(h) Except as otherwise provided in paragraph
(d), is operated or stored on private land or on public land that is leased to
the owner or operator of the off-highway vehicle, including when operated in an
organized race, festival or other event;
(i) Is used in a search and rescue operation
conducted by a governmental entity having jurisdiction; or
(j) Has a displacement of not more than 70 cubic
centimeters.
Ê As used in
this subsection, “sanctioning body” means an organization that establishes a
schedule of racing events, grants rights to conduct those events and
establishes and administers rules and regulations governing the persons who
conduct or participate in those events.
4. The registration of an off-highway
vehicle pursuant to this section or NRS 490.0825
expires 1 year after its issuance. If an owner of an off-highway vehicle fails
to renew the registration of the off-highway vehicle before it expires, the
registration may be reinstated upon the payment to the Department of the annual
renewal fee, a late fee of $25 and, if applicable, proof of insurance required
pursuant to NRS 490.0825. Any late fee collected
by the Department must be deposited with the State Treasurer for credit to the Revolving
Account for the Administration of Off-Highway Vehicle Titling and Registration
created by NRS 490.085.
5. If a certificate of title or
registration for an off-highway vehicle is lost or destroyed, the owner of the
off-highway vehicle may apply to the Department by mail, or to an authorized
dealer, for a duplicate certificate of title or registration. The Department
may collect a fee to replace a certificate of title or registration
certificate, sticker or decal that is lost, damaged or destroyed. Any such fee
collected by the Department must be:
(a) Set forth by the Department by regulation;
and
(b) Deposited with the State Treasurer for credit
to the Revolving Account for the Administration of Off-Highway Vehicle Titling
and Registration created by NRS 490.085.
6. The provisions of subsections 1 to 5,
inclusive, do not apply to an owner of an off-highway vehicle who is not a
resident of this State.
(Added to NRS by 2009, 3079;
A 2011, 292,
811; 2013, 706, 2868)
NRS 490.0825 Large all-terrain vehicle: Alternative registration; requirement
for insurance; documents required.
1. Upon the request of an owner of a large
all-terrain vehicle, the Department shall register the large all-terrain
vehicle to operate on the roads specified in NRS
490.105.
2. The owner of a large all-terrain
vehicle wishing to apply for registration or renewal of registration pursuant
to this section must obtain and maintain insurance on the vehicle that meets
the requirements of NRS 485.185.
3. If an owner of a large all-terrain
vehicle applies to the Department for the registration of the vehicle pursuant
to this section, the owner shall submit to the Department:
(a) The information required for registration
pursuant to NRS 490.082;
(b) The fee for registration required pursuant to
NRS 490.084;
(c) Proof satisfactory to the Department that the
applicant carries insurance on the vehicle provided by an insurance company
licensed by the Division of Insurance of the Department of Business and
Industry and approved to do business in this State which meets the requirements
of NRS 485.185; and
(d) A declaration signed by the applicant that he
or she will maintain the insurance required by this section during the period
of registration.
(Added to NRS by 2013, 704)
NRS 490.0827 Special plates for off-highway vehicle dealer, long-term or
short-term lessor or manufacturer: Issuance upon licensure or renewal.
1. Upon issuance of an off-highway vehicle
dealer’s, long-term or short-term lessor’s or manufacturer’s license
certificate pursuant to NRS 490.200 or upon the
renewal of the license pursuant to NRS 490.210, the
Department shall furnish to the off-highway vehicle dealer, long-term or
short-term lessor or manufacturer one or more special plates for use on an
off-highway vehicle specified in subsection 1 of NRS
490.125. Each plate must have displayed upon it the identification number
assigned by the Department to the off-highway vehicle dealer, long-term or
short-term lessor or manufacturer, and may include a different letter or symbol
on the plate. The off-highway vehicle dealer’s, long-term or short-term
lessor’s or manufacturer’s special plates may be used interchangeably on that
off-highway vehicle.
2. The Department shall issue to each
off-highway vehicle dealer, long-term or short-term lessor or manufacturer a
reasonable number of special plates.
(Added to NRS by 2013, 2868)
NRS 490.083 Form, size, number and display of registration.
1. Each registration of an off-highway
vehicle must:
(a) Be in the form of a sticker or decal, as
prescribed by the Commission.
(b) Be at least 3 inches high by 3 1/2 inches
wide and display not more than four characters that are at least 1 1/4 inches
high.
(c) Include the unique vehicle identification
number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle.
(d) Be displayed on the off-highway vehicle in
the manner set forth by the Commission.
2. The registration sticker or decal of a
large all-terrain vehicle registered pursuant to NRS
490.0825 must be distinguishable from the sticker or decal of an
off-highway vehicle registered pursuant to NRS 490.082
in a manner to be determined by the Department.
(Added to NRS by 2009, 3081;
A 2011, 292,
812; 2013, 707, 2870)
NRS 490.0835 Department may assign distinguishing number under certain
circumstances.
1. The Department may assign a
distinguishing number to any off-highway vehicle if:
(a) The off-highway vehicle does not have a
unique vehicle identification number or serial number provided by the
manufacturer of the vehicle;
(b) The unique vehicle identification number or
serial number provided by the manufacturer of the off-highway vehicle has been
removed, defaced, altered or obliterated; or
(c) The off-highway vehicle is homemade.
2. Any off-highway vehicle to which there
is assigned a distinguishing number pursuant to subsection 1 must be
registered, if required pursuant to NRS 490.082,
under the distinguishing number.
3. The Department shall collect a fee of
$2 for the assignment and recording of each such distinguishing number.
4. The number by which an off-highway
vehicle is registered pursuant to NRS 490.082 or 490.0825 must be permanently stamped or attached to
the vehicle. False attachment or willful removal, defacement, alteration or
obliteration of such a number with intent to defraud is a gross misdemeanor.
(Added to NRS by 2011, 810;
A 2013, 708)
NRS 490.084 Fees for issuance of certificate of title and for annual
registration; distribution of money collected.
1. The Department shall determine the fee
for issuing a certificate of title for an off-highway vehicle, but such fee
must not exceed the fee imposed for issuing a certificate of title pursuant to NRS 482.429. Money received from the
payment of the fees described in this subsection must be deposited with the
State Treasurer for credit to the Revolving Account for the Administration of
Off-Highway Vehicle Titling and Registration created by NRS
490.085.
2. The Commission shall determine the fee
for the annual registration of an off-highway vehicle pursuant to NRS 490.082 or 490.0825,
but such fee must not be less than $20 or more than $30. Money received from
the payment of the fees described in this subsection must be distributed as
follows:
(a) During the period beginning on July 1, 2012,
and ending on June 30, 2013:
(1) Eighty-five percent must be deposited
with the State Treasurer for credit to the Revolving Account for the
Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.
(2) To the extent that any portion of the
fee for registration is not for the operation of the off-highway vehicle on a
highway, 15 percent must be deposited into the Account for Off-Highway Vehicles
created by NRS 490.069.
(b) On or after July 1, 2013:
(1) Fifteen percent must be deposited with
the State Treasurer for credit to the Revolving Account for the Administration
of Off-Highway Vehicle Titling and Registration created by NRS 490.085.
(2) To the extent that any portion of the
fee for registration is not for the operation of the off-highway vehicle on a
highway, 85 percent must be deposited into the Account for Off-Highway
Vehicles.
(Added to NRS by 2009, 3081;
A 2011, 292;
2013, 708,
2764)
NRS 490.085 Revolving Account for the Administration of Off-Highway Vehicle
Titling and Registration: Creation; use of money in Account.
1. The Revolving Account for the
Administration of Off-Highway Vehicle Titling and Registration is hereby
created in the State Highway Fund.
2. The Department shall use the money in
the Account to pay the expenses of administering the provisions of this chapter
relating to the titling and registration of off-highway vehicles.
3. Money in the Account must be used only
for the purposes specified in subsection 2.
4. Any money remaining in the Account at
the end of a fiscal year does not revert to the State Highway Fund, and the
balance in the Account must be carried forward to the next fiscal year.
(Added to NRS by 2009, 3085;
A 2011, 292;
2013, 2765)
NRS 490.086 Revolving Account for the Assistance of the Department:
Creation; use of money in Account.
1. The Revolving Account for the
Assistance of the Department is hereby created in the State Highway Fund.
2. All money received by the Department
from the Federal Government or any other source to assist the Department in
carrying out the provisions of this chapter relating to the titling and
registration of off-highway vehicles must be deposited into the Account.
3. Money in the Account must be used only
for the purposes specified in subsection 2.
4. Any money remaining in the Account at
the end of a fiscal year does not revert to the State Highway Fund, and the
balance in the Account must be carried forward to the next fiscal year.
(Added to NRS by 2009, 3085;
A 2011, 292;
2013, 2765)
RULES OF OPERATION
NRS 490.090 Operation on undesignated paved highways generally prohibited;
exceptions; operation on public land, trails, ways or unpaved county roads
authorized unless prohibited by governmental entity having jurisdiction;
authority of governmental entities having jurisdiction to distribute
information concerning prohibited areas and to erect signs designating
prohibited areas. Except as
otherwise provided in NRS 490.100 or 490.110:
1. A person shall not, except as otherwise
provided in subsection 2 or 3, operate an off-highway vehicle on a paved
highway that is not otherwise designated for use by off-highway vehicles.
2. A person may operate an off-highway
vehicle on a paved highway that is not otherwise designated for use by
off-highway vehicles:
(a) If the off-highway vehicle is operated on the
highway for the purpose of crossing the highway, comes to a complete stop
before crossing and crosses as close as practicable to perpendicular to the
direction of travel on the highway;
(b) If the off-highway vehicle is operated on the
highway for the purpose of loading or unloading the off-highway vehicle onto or
off of another vehicle or trailer, if the loading or unloading is as close as
practicable to the place of operation of the off-highway vehicle;
(c) During an emergency if it is impossible or
impracticable to use another vehicle or if a peace officer directs the
operation of the off-highway vehicle; or
(d) If the off-highway vehicle is operated on a
portion of a highway that is designated as a trail connector for a trail
authorized for use by off-highway vehicles for not more than 2 miles.
3. A person may operate an off-highway
vehicle on any public land, trail, way or unpaved county road unless prohibited
by the governmental entity which has jurisdiction over the public land, trail,
way or unpaved county road.
4. A governmental entity specified in
subsection 3 may:
(a) Prepare and distribute upon request a map or
other document setting forth each area of public land, trail, way or unpaved
county road that is prohibited for the operation off-highway vehicles; and
(b) Erect and maintain signs designating each
area of public land, trail, way or unpaved county road that is prohibited for
the operation off-highway vehicles.
(Added to NRS by 2005, 2027)
NRS 490.100 Authority of city or county to designate portion of highway for
off-highway vehicle use; approval of Department of Transportation regarding
state highways; interstate highways excluded; supervision of certain minors;
limitation on purpose of use.
1. Except as otherwise provided in
subsection 2, a city or county may designate any portion of a highway within
the city or county as permissible for the operation of off-highway vehicles for
the purpose of allowing off-highway vehicles to reach a private or public area
that is open for use by off-highway vehicles. If a city or county designates
any portion of a state highway as permissible for the operation of off-highway
vehicles pursuant to this subsection, the city or county must obtain approval for
the designation from the Department of Transportation. The Department of
Transportation shall issue a timely decision concerning the request for
approval and must not unreasonably deny the request.
2. The highway designated for operation of
off-highway vehicles pursuant to subsection 1 may not consist of any portion of
an interstate highway.
3. If a city or county designates a
highway for the operation of off-highway vehicles, the city or county may adopt
an ordinance requiring a person who is less than 16 years of age and who is
operating the off-highway vehicle on a designated highway to be under the
direct visual supervision of a person who is at least 18 years of age.
4. A person operating an off-highway
vehicle on a highway designated for operation of off-highway vehicles pursuant
to subsection 1 may not operate the off-highway vehicle on the highway for any
purpose other than to travel to or from the private or public area as described
in subsection 1.
(Added to NRS by 2005, 2027; A 2009, 3103;
2011, 293)
NRS 490.105 Large all-terrain vehicle: Operation on certain roads
authorized; conditions; local governing body may prohibit by ordinance or
resolution.
1. Except as otherwise provided in
subsection 2, a person may operate a large all-terrain vehicle on any portion
of a highway that has been designated in accordance with NRS 403.170 as a general county road or
minor county road if the large all-terrain vehicle:
(a) Meets the requirements set forth in NRS 490.120; and
(b) Is registered by the Department in accordance
with NRS 490.0825 as a motor vehicle intended to
be operated upon the highways of this State.
2. The governing body of a city or county
within which is located a highway or portion of a highway that has been
designated in accordance with NRS 403.170
as a general county road or minor county road may by ordinance or resolution
prohibit the operation of large all-terrain vehicles on any portion of such a
road.
(Added to NRS by 2013, 704)
NRS 490.110 Authorized and unauthorized operation on highway.
1. Except as otherwise provided in
subsection 2, if an off-highway vehicle meets the requirements of this chapter
and the operator holds a valid driver’s license and operates the off-highway
vehicle in accordance with the requirements of those sections, the off-highway
vehicle may be operated on a highway in accordance with NRS
490.090 to 490.130, inclusive.
2. An off-highway vehicle may not be
operated pursuant to this section:
(a) On an interstate highway;
(b) On a paved highway in this State for more
than 2 miles;
(c) Unless the highway is specifically designated
for use by off-highway vehicles in a city whose population is 100,000 or more;
or
(d) Unless it is a large all-terrain vehicle
registered pursuant to NRS 490.0825 and being
operated in accordance with NRS 490.105.
(Added to NRS by 2005, 2028; A 2013, 709)
NRS 490.120 Required equipment for operation on highway; exception.
1. Except as otherwise provided in
subsection 2 and in addition to the requirements set forth in NRS 490.070, a person shall not operate an off-highway
vehicle on a highway pursuant to NRS 490.090 to 490.130, inclusive, unless the off-highway vehicle
has:
(a) At least one headlamp that illuminates
objects at least 500 feet ahead of the vehicle;
(b) At least one tail lamp that is visible from
at least 500 feet behind the vehicle;
(c) At least one red reflector on the rear of the
vehicle, unless the tail lamp is red and reflective;
(d) A stop lamp on the rear of the vehicle; and
(e) A muffler which is in working order and which
is in constant operation when the vehicle is running.
2. The provisions of paragraphs (a) and
(b) of subsection 1 do not apply to an off-highway vehicle which is operated
during daylight hours on a highway designated by a county pursuant to NRS 490.100 for the operation of the off-highway
vehicle without at least one headlamp specified in paragraph (a) of subsection
1 or without at least one tail lamp specified in paragraph (b) of that
subsection.
(Added to NRS by 2005, 2028; A 2013, 2871)
NRS 490.125 Authorized operation by off-highway vehicle dealer, long-term or
short-term lessor or manufacturer for purposes of display, demonstration,
maintenance, sale or exchange; special plate requirements; exceptions.
1. Except as otherwise provided in NRS 490.160, an off-highway vehicle dealer, long-term
or short-term lessor or manufacturer who has an established place of business
in this State and who owns or controls any new or used off-highway vehicle that
is otherwise required to be registered pursuant to NRS
490.082, may operate that vehicle or allow it to be operated for purposes
of display, demonstration, maintenance, sale or exchange if there is displayed
thereon a special plate issued to the off-highway vehicle dealer, long-term or
short-term lessor or manufacturer as provided in NRS
490.0827. Owners or officers of the corporation, managers, heads of departments
and salespersons may be temporarily assigned and operate an off-highway vehicle
displaying the special plate.
2. A special plate which is issued to an
off-highway vehicle dealer, long-term or short-term lessor or manufacturer
pursuant to NRS 490.0827 may be attached to an
off-highway vehicle specified in subsection 1 by a secure means. The plate must
not be displayed loosely in the window or by any other unsecured method in or
on an off-highway vehicle.
3. The provisions of this section do not
apply to:
(a) Work or service off-highway vehicles owned or
controlled by an off-highway vehicle dealer, long-term or short-term lessor or
manufacturer.
(b) Off-highway vehicles leased by off-highway
vehicle dealers, long-term or short-term lessors or manufacturers, except
off-highway vehicles rented or leased to off-highway vehicle salespersons in
the course of their employment.
(c) Off-highway vehicles which are privately
owned by the owners, officers or employees of the off-highway vehicle dealer,
long-term or short-term lessor or manufacturer.
(d) Off-highway vehicles which are being used for
personal reasons by a person who is not licensed by the Department or otherwise
exempted in subsection 1.
(e) Off-highway vehicles which have been given or
assigned to persons who work for an off-highway vehicle dealer, long-term or
short-term lessor or manufacturer for services performed.
(f) Off-highway vehicles purchased by an
off-highway vehicle dealer, long-term or short-term lessor or manufacturer for
personal use which the off-highway vehicle dealer, long-term or short-term
lessor or manufacturer is not licensed or authorized to resell.
(Added to NRS by 2013, 2867)
NRS 490.130 Duties of operator when operating off-highway vehicle on
highway. The operator of an
off-highway vehicle that is being driven on a highway in this State in
accordance with NRS 490.090 to 490.130, inclusive, shall:
1. Comply with all traffic laws of this
State;
2. Ensure that the registration of the
off-highway vehicle is attached to the vehicle in accordance with NRS 490.083 or a special plate issued pursuant to NRS 490.0827 is attached to the vehicle; and
3. Wear a helmet.
(Added to NRS by 2005, 2028; A 2009, 3104;
2011, 292;
2013, 2871)
CONSIGNMENT OF OFF-HIGHWAY VEHICLES
NRS 490.150 Written consignment contract required before taking off-highway
vehicle on consignment; required provisions of contract.
1. Before taking an off-highway vehicle on
consignment, an off-highway vehicle dealer or lessor shall prepare a written
consignment contract.
2. A consignment contract must include,
without limitation:
(a) The names of the consignor and consignee;
(b) The date on which the consignment contract
was entered into;
(c) A complete description of the off-highway
vehicle subject to the consignment contract, including the unique vehicle
identification number, serial number or distinguishing number obtained pursuant
to NRS 490.0835, and the year, make and model of
the off-highway vehicle;
(d) The term of the consignment contract;
(e) The name of each person or business entity
holding any security interest in the off-highway vehicle to be consigned;
(f) The minimum sales price for the off-highway
vehicle and the disposition of the proceeds therefrom, as agreed upon by the
consignor and consignee; and
(g) The signatures of the consignor and consignee
acknowledging all the terms and conditions set forth in the consignment
contract.
(Added to NRS by 2009, 3086;
A 2011, 292,
812)
NRS 490.160 Duties of consignee; trust account; disclosure statement;
applicability of section; operation of off-highway vehicle subject to
consignment contract; written log; prohibited acts; penalties.
1. A consignee of an off-highway vehicle
shall, upon entering into a consignment contract or other form of agreement to
sell an off-highway vehicle owned by another person:
(a) Open and maintain a separate trust account in
a federally insured bank or savings and loan association that is located in
this State, into which the consignee shall deposit all money received from a
prospective buyer as a deposit, or as partial or full payment of the purchase
price agreed upon, toward the purchase or transfer of interest in the off-highway
vehicle. A consignee of an off-highway vehicle shall not:
(1) Commingle the money in the trust
account with any other money that is not on deposit or otherwise maintained
toward the purchase of the off-highway vehicle subject to the consignment
contract or agreement; or
(2) Use any money in the trust account to
pay his or her operational expenses for any purpose that is not related to the
consignment contract or agreement.
(b) Obtain from the consignor, before receiving
delivery of the off-highway vehicle, a signed and dated disclosure statement
that is included in the consignment contract and provides in at least 10-point
bold type or font:
IMPORTANT
NOTICE TO OFF-HIGHWAY VEHICLE OWNERS
State law (NRS
490.160) requires that the operator of this business file a Uniform
Commercial Code 1 (UCC1) form with the Office of the Secretary of State on your
behalf to protect your interest in your off-highway vehicle. The form is
required to protect your off-highway vehicle from forfeiture in the event that the
operator of this business fails to meet his or her financial obligations to a
third party holding a security interest in his or her inventory. The form must
be filed by the operator of this business before the operator may take
possession of your off-highway vehicle. If the form is not filed as required,
YOU MAY LOSE YOUR VEHICLE THROUGH NO FAULT OF YOUR OWN. For a copy of the UCC1
form filed on your behalf or for more information, please contact:
The Office of the Secretary of State
of Nevada
Uniform Commercial Code Division
(775) 684-5708
I understand and acknowledge the
above disclosure.
................................
Consignee Signature Date
(c) Assist the consignor in completing, with
respect to the consignor’s purchase-money security interest in the off-highway
vehicle, a financing statement of the type described in subsection 5 of NRS 104.9317 and shall file the financing
statement with the Secretary of State on behalf of the consignor. If a
consignee has previously granted to a third party a security interest with an
after-acquired property clause in the consignee’s inventory, the consignee
additionally shall assist the consignor in sending an authenticated
notification, as described in paragraph (b) of subsection 1 of NRS 104.9324, to each holder of a
conflicting security interest. The consignee must not receive delivery of the
off-highway vehicle until the consignee has:
(1) Filed the financing statement with the
Secretary of State; and
(2) If applicable, assisted the consignor
in sending an authenticated notification to each holder of a conflicting
security interest.
2. Upon the sale or transfer of interest
in the off-highway vehicle, the consignee shall forthwith:
(a) Satisfy or cause to be satisfied all
outstanding security interests in the off-highway vehicle; and
(b) Satisfy the financial obligations due the
consignor pursuant to the consignment contract.
3. Upon the receipt of money by delivery
of cash, bank check or draft, or any other form of legal monetary exchange, or
after any form of transfer of interest in an off-highway vehicle, the consignee
shall notify the consignor that the money has been received or that a transfer
of interest in the off-highway vehicle has occurred. Notification by the
consignee to the consignor must be given in person or, in the absence of the
consignor, by registered or certified mail addressed to the last address or
residence of the consignor known to the consignee. The notification must be
made within 3 business days after the date on which the money is received or
the transfer of interest in the off-highway vehicle is made.
4. The provisions of this section do not
apply to:
(a) An executor;
(b) An administrator;
(c) A sheriff; or
(d) Any other person who sells off-highway
vehicles pursuant to the powers or duties granted to or imposed on him or her
by specific statute.
5. Notwithstanding any provision of the
Nevada Revised Statutes to the contrary, an off-highway vehicle subject to a
consignment contract may not be operated by the consignee, an employee or agent
of the consignee, or a prospective buyer unless the operation of the
off-highway vehicle is authorized by the express written consent of the
consignor.
6. A consignee shall maintain a written
log for each off-highway vehicle for which he or she has entered into a
consignment contract. The written log must include:
(a) The name and address, or place of residence,
of the consignor;
(b) A description of the off-highway vehicle
consigned, including the year, make, model and unique vehicle identification
number, serial number or distinguishing number obtained pursuant to NRS 490.0835 of the off-highway vehicle;
(c) The date on which the consignment contract is
entered into;
(d) The period that the off-highway vehicle is to
be consigned;
(e) The minimum agreed upon sales price for the
off-highway vehicle;
(f) The approximate amount of money due any
lienholder or other person known to have an interest in the off-highway
vehicle;
(g) If the off-highway vehicle is sold, the date
on which the off-highway vehicle is sold;
(h) The date that the money due the consignor and
the lienholder was paid;
(i) The name and address of the federally insured
bank or savings and loan association in which the consignee opened the trust
account required pursuant to subsection 1; and
(j) The signature of the consignor acknowledging
that the terms of the consignment contract were fulfilled or terminated, as
appropriate.
7. A person who:
(a) Appropriates, diverts or otherwise converts
to his or her own use money in a trust account opened pursuant to paragraph (a)
of subsection 1 or otherwise subject to a consignment contract or agreement is
guilty of embezzlement and shall be punished in accordance with NRS 205.300. The court shall, in addition
to any other penalty, order the person to pay restitution.
(b) Violates paragraph (b) or (c) of subsection 1
is guilty of a misdemeanor. The court shall, in addition to any other penalty,
order the person to pay restitution.
(c) Violates any other provision of this section
is guilty of a misdemeanor.
(Added to NRS by 2009, 3086;
A 2011, 292,
813)
LICENSING AND REGULATION OF NEW AND USED OFF-HIGHWAY
VEHICLE DEALERS, LONG-TERM AND SHORT-TERM LESSORS AND MANUFACTURERS
NRS 490.200 Licenses and permits required; off-highway vehicle dealer to
submit proof of authorization to sell from manufacturer; license does not
extend to motor vehicles or trailers; Department to investigate applicant; penalties
for violations.
1. Except as otherwise provided in
subsection 2, a person shall not engage in the activities of a new off-highway
vehicle dealer, used off-highway vehicle dealer, long-term or short-term lessor
or manufacturer in this State until the person has been issued:
(a) A license or permit to act as a new
off-highway vehicle dealer, used off-highway vehicle dealer, long-term or
short-term lessor or manufacturer, or a similar license or permit, by every
city within whose corporate limits the person maintains an established place of
business and by every county in which the person maintains an established place
of business outside the corporate limits of a city; and
(b) A license by the Department. The Department
shall not issue a license to the person until the person has been issued all
licenses and permits required by paragraph (a).
2. A person licensed as an off-highway
vehicle dealer pursuant to this chapter shall not engage in the activities of a
new off-highway vehicle dealer until the person has provided the Department
with satisfactory proof that he or she is authorized by a manufacturer to
display and offer for sale the off-highway vehicles produced or distributed by
that manufacturer.
3. A license for an off-highway vehicle
dealer or manufacturer issued pursuant to this chapter does not permit a person
to engage in the business of buying, selling or leasing or manufacturing motor
vehicles or trailers governed pursuant to the laws and regulations established
in chapter 482 of NRS.
4. The Department shall investigate any
applicant for a license as an off-highway vehicle dealer, long-term or
short-term lessor or manufacturer and shall complete an investigation report on
a form provided by the Department.
5. A person who violates subsection 1 or 2
is guilty of:
(a) For a first offense, a misdemeanor.
(b) For a second offense, a gross misdemeanor.
(c) For a third and any subsequent offense, a
category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 2009, 3089;
A 2011, 292)
NRS 490.210 Application for license; fees; issuance of license; renewal of
license. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. An application for a license for an
off-highway vehicle dealer, long-term or short-term lessor or manufacturer must
be filed upon forms supplied by the Department and include the social security
number of the applicant. The forms must designate the persons whose names are
required to appear thereon. The applicant must furnish:
(a) Such proof as the Department may deem
necessary that the applicant is an off-highway vehicle dealer, long-term or
short-term lessor or manufacturer.
(b) A fee of $125.
(c) Unless the applicant has previously met the
requirements of subsection 3 of NRS
482.3163, paragraphs (c) and (d) of subsection 1 of NRS 482.325, paragraph (d) of subsection 1
of NRS 482.333 or paragraph (e) of
subsection 1 of NRS 482.362:
(1) A fee for the processing of
fingerprints. The Department shall establish by regulation the fee for
processing fingerprints. The fee must not exceed the sum of the amounts charged
by the Central Repository for Nevada Records of Criminal History and the
Federal Bureau of Investigation for processing the fingerprints.
(2) For initial licensure, a complete set
of the applicant’s fingerprints and written permission authorizing the
Department to forward those fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau of
Investigation for its report.
(d) If the applicant is a natural person, the
statement required pursuant to NRS 490.330.
(e) A certificate of insurance for liability.
2. Upon receipt of the application and
when satisfied that the applicant is entitled thereto, the Department shall
issue to the applicant a license for an off-highway vehicle dealer, long-term
or short-term lessor or manufacturer containing the name of the licensee and
the address of his or her established place of business or the address of the
main office of a manufacturer without an established place of business in this
State.
3. Licenses issued pursuant to this
section expire on December 31 of each year. Before December 31 of each year, a
licensee must furnish the Department with an application for renewal of his or
her license accompanied by an annual fee of $50. If the applicant is a natural
person, the application for renewal also must be accompanied by the statement
required pursuant to NRS 490.330. The additional
fee for the processing of fingerprints, established by regulation pursuant to
paragraph (c) of subsection 1, must be submitted for each applicant whose name
does not appear on the original application for the license. The renewal
application must be provided by the Department and contain information required
by the Department.
(Added to NRS by 2009, 3090;
A 2011, 292;
2013, 2871)
NRS 490.210 Application for license;
fees; issuance of license; renewal of license. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. An application for a license for an
off-highway vehicle dealer, long-term or short-term lessor or manufacturer must
be filed upon forms supplied by the Department. The forms must designate the
persons whose names are required to appear thereon. The applicant must furnish:
(a) Such proof as the Department may deem
necessary that the applicant is an off-highway vehicle dealer, long-term or
short-term lessor or manufacturer.
(b) A fee of $125.
(c) Unless the applicant has previously met the
requirements of subsection 3 of NRS
482.3163, paragraphs (c) and (d) of subsection 1 of NRS 482.325, paragraph (d) of subsection 1
of NRS 482.333 or paragraph (e) of
subsection 1 of NRS 482.362:
(1) A fee for the processing of
fingerprints. The Department shall establish by regulation the fee for processing
fingerprints. The fee must not exceed the sum of the amounts charged by the
Central Repository for Nevada Records of Criminal History and the Federal
Bureau of Investigation for processing the fingerprints.
(2) For initial licensure, a complete set
of the applicant’s fingerprints and written permission authorizing the
Department to forward those fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau of
Investigation for its report.
(d) A certificate of insurance for liability.
2. Upon receipt of the application and
when satisfied that the applicant is entitled thereto, the Department shall
issue to the applicant a license for an off-highway vehicle dealer, long-term
or short-term lessor or manufacturer containing the name of the licensee and
the address of his or her established place of business or the address of the
main office of a manufacturer without an established place of business in this
State.
3. Licenses issued pursuant to this section
expire on December 31 of each year. Before December 31 of each year, a licensee
must furnish the Department with an application for renewal of his or her
license accompanied by an annual fee of $50. The additional fee for the
processing of fingerprints, established by regulation pursuant to paragraph (c)
of subsection 1, must be submitted for each applicant whose name does not
appear on the original application for the license. The renewal application
must be provided by the Department and contain information required by the
Department.
(Added to NRS by 2009, 3090;
A 2011, 125,
292; 2013, 2871,
3802,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 490.220 Off-highway vehicle dealer in new off-highway vehicles not to be
issued license unless such dealer first furnishes to Department instrument indicating
dealer is authorized franchised off-highway vehicle dealer; additional
functions in which used off-highway vehicle dealer may engage.
1. A new off-highway vehicle dealer’s
license must not be furnished to any off-highway vehicle dealer in new off-highway
vehicles unless the off-highway vehicle dealer first furnishes the Department
an instrument executed by or on behalf of the manufacturer certifying that he
or she is an authorized franchised off-highway vehicle dealer for the make or
makes of off-highway vehicles concerned. New off-highway vehicle dealers are
authorized to sell at retail only those new off-highway vehicles for which they
are certified as franchised off-highway vehicle dealers by the manufacturer.
2. In addition to selling used off-highway
vehicles, a used off-highway vehicle dealer may:
(a) Sell at wholesale a new off-highway vehicle
taken in trade or acquired as a result of a sales contract to a new off-highway
vehicle dealer who is licensed and authorized to sell that make of vehicle;
(b) Sell at wholesale a new off-highway vehicle
through a wholesale vehicle auction if the wholesale vehicle auctioneer:
(1) Does not take an ownership interest in
the off-highway vehicle; and
(2) Auctions the off-highway vehicle to an
off-highway vehicle dealer who is licensed and authorized to sell that make of
off-highway vehicle; or
(c) Sell a new off-highway vehicle on consignment
from a person not licensed as an off-highway vehicle dealer or long-term or
short-term lessor.
(Added to NRS by 2009, 3097;
A 2011, 292)
NRS 490.230 Activities constituting prima facie evidence that person is
acting as off-highway vehicle dealer. Except
as otherwise provided in subsection 2 of NRS 490.061,
the following activities are prima facie evidence that a person is engaged in
the activities of an off-highway vehicle dealer:
1. A person displays for sale, sells or
offers for sale any off-highway vehicle which he or she does not personally
own;
2. A person demonstrates, or allows the
demonstration or operation of, any off-highway vehicle for the purpose of sale
or future sale or as an inducement to purchase the vehicle; or
3. A person engages in an activity
specified by subsection 1 of NRS 490.061 or any
other act regarding an off-highway vehicle which would lead a reasonable person
to believe that he or she may purchase that off-highway vehicle or a similar
off-highway vehicle from the person.
(Added to NRS by 2009, 3092;
A 2011, 292)
NRS 490.240 License required for each branch of off-highway vehicle dealer
and long-term lessor; contents of license; posting of license; temporary
license for off-highway vehicle dealer to conduct business at temporary
location.
1. If an off-highway vehicle dealer or
long-term lessor has one or more branches, the off-highway vehicle dealer or
lessor shall procure from the Department a license for each branch, in addition
to the license issued for his or her principal place of business.
2. The Department shall specify on each
license it issues:
(a) The name of the licensee;
(b) The location for which the license is issued;
and
(c) The name under which the licensee does
business at that location.
3. Each off-highway vehicle dealer and
lessor shall post each license issued to him or her by the Department in a
conspicuous place clearly visible to the general public at the location
described in the license.
4. The Department shall, by regulation,
provide for the issuance of a temporary license for a licensed off-highway
vehicle dealer to conduct business at a temporary location. Any such
regulations must include the imposition of a reasonable fee for the issuance of
the temporary license.
(Added to NRS by 2009, 3094;
A 2011, 292)
NRS 490.250 Licensees to post licenses in conspicuous place visible to
public. An off-highway vehicle
dealer, long-term or short-term lessor or manufacturer licensed under the
provisions of this chapter shall post his or her license, and all licenses
issued to persons in his or her employ who are licensed as off-highway vehicle
salespersons pursuant to the provisions of this chapter, in a conspicuous place
clearly visible to the general public at the location described in the license.
(Added to NRS by 2009, 3092;
A 2011, 292)
NRS 490.260 Director to consider certain matters before renewing license;
authority of Director to require bond. The
Director shall, before renewing any occupational license issued pursuant to
this chapter, consider:
1. The number and types of complaints
received against an off-highway vehicle dealer, long-term or short-term lessor
or manufacturer by the Department; and
2. Any administrative fines imposed upon
the off-highway vehicle dealer, lessor or manufacturer by the Department
pursuant to this chapter,
Ê and may
require the off-highway vehicle dealer, lessor or manufacturer to provide a
good and sufficient bond in the amount set forth in subsection 1 of NRS 490.270 for each category of off-highway vehicle
sold at each place of business and in each county in which the off-highway
vehicle dealer, lessor or manufacturer is licensed to do business.
(Added to NRS by 2009, 3091;
A 2011, 292)
NRS 490.270 Bonding requirements; remedies of injured person; judgment;
prohibition upon issuance of license to certain persons not having established
place of business in this State; exemptions.
1. Except as otherwise provided in
subsection 9 and NRS 490.280, before any
off-highway vehicle dealer, long-term or short-term lessor or manufacturer is issued
a license pursuant to this chapter, the Department shall require that the
applicant procure and file with the Department a good and sufficient bond with
a corporate surety thereon, duly licensed to do business within the State of
Nevada, approved as to form by the Attorney General and conditioned that the
applicant or any employee who acts on the applicant’s behalf within the scope
of his or her employment shall conduct his or her business as an off-highway
vehicle dealer, long-term or short-term lessor or manufacturer without
breaching a consumer contract or engaging in a deceptive trade practice, fraud
or fraudulent representation and without violation of the provisions of this
chapter. The bond must be in the amount of $50,000.
2. The Department may, pursuant to a
written agreement with any off-highway vehicle dealer, long-term or short-term
lessor or manufacturer who has been licensed to do business in this State for
at least 5 years, allow a reduction in the amount of the bond of the off-highway
vehicle dealer, lessor or manufacturer if such business has been conducted in a
manner satisfactory to the Department for the preceding 5 years. No bond may be
reduced to less than 50 percent of the bond required pursuant to subsection 1.
3. The bond must be continuous in form,
and the total aggregate liability on the bond must be limited to the payment of
the total amount of the bond.
4. The undertaking on the bond includes
any breach of a consumer contract, deceptive trade practice, fraud, fraudulent
representation or violation of any of the provisions of this chapter by the
representative or off-highway vehicle salesperson of any licensed off-highway
vehicle dealer, long-term or short-term lessor or manufacturer who acts on
behalf of the off-highway vehicle dealer, lessor or manufacturer and within the
scope of the employment of the representative or off-highway vehicle
salesperson.
5. The bond must provide that any person
injured by the action of the off-highway vehicle dealer, long-term or short-term
lessor, manufacturer, representative or off-highway vehicle salesperson in
violation of any provision of this chapter may apply to the Director, for good
cause shown, for compensation from the bond. The surety issuing the bond shall
appoint the Secretary of State as its agent to accept service of notice or
process for the surety in any action upon the bond brought in a court of
competent jurisdiction or brought before the Director.
6. If a person is injured by the actions
of an off-highway vehicle dealer, long-term or short-term lessor, manufacturer,
representative or off-highway vehicle salesperson, the person may:
(a) Bring and maintain an action in any court of
competent jurisdiction. If the court enters:
(1) A judgment on the merits against the off-highway
vehicle dealer, lessor, manufacturer, representative or off-highway vehicle
salesperson, the judgment is binding on the surety.
(2) A judgment other than on the merits
against the off-highway vehicle dealer, lessor, manufacturer, representative or
off-highway vehicle salesperson, including, without limitation, a default
judgment, the judgment is binding on the surety only if the surety was given
notice and an opportunity to defend at least 20 days before the date on which
the judgment was entered against the off-highway vehicle dealer, lessor,
manufacturer, representative or off-highway vehicle salesperson.
(b) Apply to the Director, for good cause shown,
for compensation from the bond. The Director may determine the amount of
compensation and the person to whom it is to be paid. The surety shall then
make the payment.
(c) Settle the matter with the off-highway
vehicle dealer, lessor, manufacturer, representative or off-highway vehicle
salesperson. If such a settlement is made, the settlement must be reduced to
writing, signed by both parties and acknowledged before any person authorized
to take acknowledgments in this State and submitted to the Director with a
request for compensation from the bond. If the Director determines that the
settlement was reached in good faith and there is no evidence of collusion or
fraud between the parties in reaching the settlement, the surety shall make the
payment to the injured person in the amount agreed upon in the settlement.
7. Any judgment entered by a court against
an off-highway vehicle dealer, long-term or short-term lessor, manufacturer,
representative or off-highway vehicle salesperson may be executed through a
writ of attachment, garnishment, execution or other legal process, or the
person in whose favor the judgment was entered may apply to the Director for
compensation from the bond of the off-highway vehicle dealer, lessor,
manufacturer, representative or off-highway vehicle salesperson.
8. The Department shall not issue a
license pursuant to subsection 1 to an off-highway vehicle dealer, long-term or
short-term lessor or manufacturer who does not have and maintain an established
place of business in this State.
9. The provisions of this section do not
apply to any off-highway vehicle dealer, long-term or short-term lessor or
manufacturer who has met the requirements of NRS 482.3333, 482.345 or 482.346 with respect to:
(a) A bond greater than or equal to the amount
prescribed in subsection 1 if the undertaking on the bond includes the
activities described in subsection 4; or
(b) A deposit greater than or equal to the amount
of the bond that would otherwise be required by subsection 1.
(Added to NRS by 2009, 3095;
A 2011, 123,
292; 2013, 2872)
NRS 490.280 Deposit in lieu of bond: Specifications; conditions for release;
liability; refund; deposit in Motor Vehicle Fund.
1. In lieu of a bond, an applicant may
deposit with the Department, under terms prescribed by the Department:
(a) A like amount of lawful money of the United
States or bonds of the United States or of the State of Nevada of an actual
market value of not less than the amount fixed by the Department; or
(b) A savings certificate of a bank, credit union
or savings and loan association situated in Nevada, which must indicate an
account of an amount equal to the amount of the bond which would otherwise be
required by NRS 490.270 and indicate that this
amount is unavailable for withdrawal except upon order of the Department.
Interest earned on the amount accrues to the account of the applicant.
2. A deposit made pursuant to subsection 1
may be disbursed by the Director, for good cause shown and after notice and
opportunity for hearing, in an amount determined by the Director to compensate
a person injured by an action of the licensee, or released upon receipt of:
(a) A court order requiring the Director to
release all or a specified portion of the deposit; or
(b) A statement signed by the person or persons
under whose name the deposit is made and acknowledged before any person
authorized to take acknowledgments in this State requesting the Director to
release the deposit, or a specified portion thereof, and stating the purpose
for which the release is requested.
3. When a deposit is made pursuant to
subsection 1, liability under the deposit is in the amount prescribed by the
Department. If the amount of the deposit is reduced or there is an outstanding
court judgment for which the licensee is liable under the deposit, the license
is automatically suspended. The license must be reinstated if the licensee:
(a) Files an additional bond pursuant to
subsection 1 of NRS 490.270;
(b) Restores the deposit with the Department to
the original amount required under this section; or
(c) Satisfies the outstanding judgment for which
the licensee is liable under the deposit.
4. A deposit made pursuant to subsection 1
may be refunded:
(a) By order of the Director, 3 years after the
date the licensee ceases to be licensed by the Department, if the Director is
satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time within 3 years
after the date the licensee ceases to be licensed by the Department, upon
evidence satisfactory to the court that there are no outstanding claims against
the deposit.
5. Any money received by the Department
pursuant to subsection 1 must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund.
(Added to NRS by 2009, 3096;
A 2011, 292)
NRS 490.290 Principal place of business and branches to be covered by bond
or deposit; licensee to procure certain separate bonds or make separate
deposits.
1. The bond required by NRS 490.270 or deposit made pursuant to NRS 490.280 must cover the licensee’s principal place
of business and all branches operated by the licensee, including, without
limitation, any place of business operated in this State by the licensee that
is located outside the county of the licensee’s principal office or any place
of business operated by the licensee under a different name.
2. In addition to the coverage provided by
the licensee’s bond or deposit pursuant to subsection 1, the licensee shall
procure a separate bond or make a separate deposit for:
(a) Each place of business operated in this State
by the licensee that is located outside the county of the licensee’s principal
office; and
(b) Each place of business operated by the
licensee under a different name.
(Added to NRS by 2009, 3097;
A 2011, 125,
292)
NRS 490.300 Denial or revocation of license: Evidence of unfitness of
applicant or licensee. Evidence of
unfitness of an applicant for or a licensee of an off-highway vehicle dealer,
long-term or short-term lessor or manufacturer for the purposes of denial or
revocation of a license may consist of, but is not limited to:
1. Failure to discharge a lienholder on an
off-highway vehicle within 30 days after it is traded to his or her dealership.
2. Being the former holder of or being a
partner, officer, director, owner or manager involved in management decisions
of an off-highway vehicle dealership which held a license issued pursuant to NRS 490.210 or of an occupational license issued
pursuant to chapter 482 of NRS which was
revoked for cause and never reissued or was suspended upon terms which were
never fulfilled.
3. Defrauding or attempting to defraud the
State or a political subdivision of any taxes or fees in connection with the
sale or transfer of an off-highway vehicle.
4. Forging the signature of the registered
or legal owner of an off-highway vehicle on a certificate of title.
5. Purchasing, selling, otherwise
disposing of or possessing any off-highway vehicle which he or she knows, or a
reasonable person should know, is stolen or otherwise illegally appropriated.
6. Willfully failing to deliver to a purchaser
or his or her lienholder a certificate of title to an off-highway vehicle the
applicant or licensee has sold.
7. Refusing to allow an agent of the
Department to inspect, during normal business hours, all books, records and
files which are required to be maintained within the State.
8. Any fraud which includes, but is not
limited to:
(a) Misrepresentation in any manner, whether
intentional or grossly negligent, of a material fact.
(b) An intentional failure to disclose a material
fact.
9. Willful failure to comply with any
regulation adopted by the Department.
10. Knowingly submitting or causing to be
submitted any false, forged or otherwise fraudulent document to the Department
to obtain a lien, title or certificate of ownership or any duplicate thereof
for an off-highway vehicle.
11. Knowingly causing or allowing a false,
forged or otherwise fraudulent document to be maintained as a record of his or
her business.
12. Violating any provisions of this
chapter which involve the sale or transfer of an interest in an off-highway
vehicle.
(Added to NRS by 2009, 3091;
A 2011, 292)
NRS 490.310 Grounds for denial, suspension or revocation of license;
disclosure of financial records; regulations.
1. The Department may deny the issuance
of, suspend or revoke a license to engage in the activities of an off-highway
vehicle dealer, long-term or short-term lessor or manufacturer in new or used
off-highway vehicles in this State upon any of the following grounds:
(a) Failure of the applicant to have an
established place of business in this State.
(b) Conviction of a felony in the State of Nevada
or any other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant or
licensee.
(e) Willful failure to comply with any of the
provisions of the laws of the State of Nevada or the directives of the
Director. For the purpose of this paragraph, failure to comply with the
directives of the Director advising the licensee of noncompliance with any
provision of the laws of this State or regulations of the Department, within 10
days after receipt of the directive, is prima facie evidence of willful failure
to comply with the directive.
(f) Failure or refusal to furnish and keep in
force any bond.
(g) Failure on the part of the licensee to
maintain a fixed place of business in this State.
(h) Failure or refusal by a licensee to pay or
otherwise discharge any final judgment rendered and entered against the
licensee, arising out of the misrepresentation of any off-highway vehicle or
out of any fraud committed in connection with the sale of any off-highway
vehicle.
(i) Failure of the licensee to maintain any other
license or bond required by any political subdivision of this State.
(j) Allowing an unlicensed off-highway vehicle
salesperson to sell or lease any off-highway vehicle or to act in the capacity
of an off-highway vehicle salesperson as defined in this chapter.
(k) Failure or refusal to provide to the
Department an authorization for the disclosure of financial records for the
business as required pursuant to subsection 3.
(l) Engaging in a deceptive trade practice
relating to the purchase and sale or lease of an off-highway vehicle.
2. The Director may deny the issuance of a
license to an applicant or revoke a license already issued if the Department is
satisfied that the applicant or licensee is not entitled thereto.
3. Upon the receipt of any report or
complaint alleging that an applicant or a licensee has engaged in financial misconduct
or has failed to satisfy financial obligations related to the activities of an
off-highway vehicle dealer, long-term or short-term lessor or manufacturer, the
Department may require the applicant or licensee to submit to the Department an
authorization for the disclosure of financial records for the business as
provided in NRS 239A.090. The
Department may use any information obtained pursuant to the authorization only
to determine the suitability of the applicant or licensee for initial or
continued licensure. Information obtained pursuant to the authorization may be
disclosed only to those employees of the Department who are authorized to issue
a license to an applicant pursuant to NRS 490.200
to 490.430, inclusive, or to determine the
suitability of an applicant or a licensee for such licensure.
4. The Department may adopt regulations
establishing additional criteria that may be used to deny, suspend, revoke or
refuse to renew a license issued pursuant to this chapter.
(Added to NRS by 2009, 3098;
A 2011, 292)
NRS 490.320 Ability of applicant or licensee to petition for hearing after
notice of denial, suspension or revocation; duties and powers of Director;
exception from applicability of section.
1. Except as otherwise provided in
subsection 5, an applicant or licensee may, within 30 days after receipt of the
notice of denial, suspension or revocation, petition the Director in writing
for a hearing.
2. Subject to the further requirements of
subsection 3, the Director shall make written findings of fact and conclusions
and grant or finally deny the application or revoke the license within 15 days
after the hearing unless by interim order the Director extends the time to 30
days after the hearing. If the license has been temporarily suspended, the
suspension expires not later than 15 days after the hearing.
3. If the Director finds that the action
is necessary in the public interest, upon notice to the licensee, the Director
may temporarily suspend or refuse to renew the license issued to an off-highway
vehicle dealer, long-term or short-term lessor or manufacturer for a period not
to exceed 30 days. A hearing must be held, and a final decision rendered,
within 30 days after notice of the temporary suspension.
4. The Director may issue subpoenas for
the attendance of witnesses and the production of evidence.
5. The provisions of this section do not
apply to an applicant for a temporary permit to engage in the activity of an
off-highway vehicle salesperson.
(Added to NRS by 2009, 3099;
A 2011, 292)
NRS 490.330 Statement regarding payment of child support by applicant for
license; grounds for denial of license; duty of Department. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. Except as otherwise provided in
subsection 5, a natural person who applies for the issuance or renewal of a
license issued pursuant to the provisions of NRS
490.200 to 490.430, inclusive, shall submit to
the Department the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Department shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Department.
3. A license may not be issued or renewed
by the Department pursuant to the provisions of NRS
490.200 to 490.430, inclusive, if the applicant
is a natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Department shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
5. If a licensee renews an existing
license electronically, the licensee shall keep the original of the statement
required pursuant to subsection 1 at his or her place of business for not less
than 3 years after submitting the electronic renewal. The statement must be
available during business hours for inspection by any authorized agent of the
Director or the State of Nevada.
(Added to NRS by 2009, 3088;
A 2011, 292)
NRS 490.340 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Department receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license issued pursuant to NRS 490.200
to 490.430, inclusive, the Department shall deem
the license issued to that person to be suspended at the end of the 30th day
after the date on which the court order was issued unless the Department
receives a letter issued to the holder of the license by the district attorney
or other public agency pursuant to NRS
425.550 stating that the holder of the license has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Department shall reinstate an
occupational license issued pursuant to the provisions of this chapter that has
been suspended by a district court pursuant to NRS 425.540 if the Department receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 2009, 3089;
A 2011, 292)
NRS 490.350 Established place of business required; notification of
Department of branches by short-term lessors.
1. Except as otherwise provided in
subsections 2 and 3, every off-highway vehicle dealer, long-term or short-term
lessor and manufacturer who is licensed by the Department to do business in
this State shall maintain an established place of business in this State which:
(a) Includes a permanent enclosed building, owned
in fee or leased, with sufficient space to display one or more off-highway
vehicles which the off-highway vehicle dealer, lessor or manufacturer is
licensed to sell, lease or manufacture; and
(b) Is principally used by the licensee to
conduct his or her business.
2. Every new and used off-highway vehicle
dealer, long-term or short-term lessor or manufacturer shall maintain an
established place of business in this State which has:
(a) In addition to sufficient customer and
employee parking, adequate usable space to display one or more off-highway
vehicles offered for sale or lease from the established place of business;
(b) Except for businesses licensed pursuant to
this chapter or chapter 482 of NRS and owned
by a single principal or group of principals, physical boundaries which are
clearly marked that physically separate the licensee’s established place of
business from any other adjacent place of business; and
(c) A permanent enclosed building large enough to
accommodate an office but not less than 100 square feet of usable floor space
to accommodate his or her business office and provide a safe place to keep and
store the books and other records of the business.
3. A short-term lessor shall:
(a) Designate his or her principal place of
business as his or her established place of business and each other location
where the lessor conducts business as a branch that is operated pursuant to the
license for the principal place of business.
(b) Notify the Department of each branch at which
the lessor conducts business by filing, on forms provided by the Department,
such information pertaining to each branch as required by the Department.
(Added to NRS by 2009, 3090;
A 2011, 292)
NRS 490.360 Off-highway vehicle dealer: Location and name of business;
designation of principal place of business and branches; branches may be
operated under authority of license for principal place of business under
certain circumstances; change of name or location.
1. An off-highway vehicle dealer shall
inform the Department of the location of each place at which the off-highway
vehicle dealer conducts any business and the name under which he or she does
business at each location.
2. If an off-highway vehicle dealer does
business at more than one location, the off-highway vehicle dealer shall
designate one location in each county in which he or she does business as the
principal place of business for that county and one name as the principal name
of the business. The off-highway vehicle dealer shall designate all other
business locations not otherwise designated as a principal place of business
pursuant to this subsection as branches.
3. An off-highway vehicle dealer who
maintains a principal place of business and one or more businesses designated
as branches may operate those branches under the authority of the license
issued by the Department to the principal place of business under the following
conditions:
(a) The principal and branch locations are owned
and operated by the same principal or group of principals listed on the records
of the Department for the principal place of business;
(b) The sales activities conducted at a branch
location are the same as those authorized by the Department at the principal
place of business;
(c) The principal place of business and each
branch location are located within the same county;
(d) The principal place of business and each
branch location maintain the appropriate city or county license;
(e) The closest boundary of a branch location is
not more than 500 feet from the principal place of business;
(f) The business sign displayed at each branch
location meets the requirements of NRS 490.370 and
is essentially the same in name, style and design as that of the principal
place of business;
(g) Sales transactions originating at a branch
location are culminated, and the records of the transaction maintained, at the
principal place of business; and
(h) The off-highway vehicle dealer provides all
documentation which the Department deems necessary to ensure that each business
location is operated in accordance with the provisions of this chapter and all
other applicable laws and regulations established for the operation of an
off-highway vehicle sales business in this State.
4. If an off-highway vehicle dealer changes
the name or location of any of his or her established places of business, the
off-highway vehicle dealer shall not conduct business as an off-highway vehicle
dealer under the new name or at the new location until he or she has been
issued a license for the new name or location from the Department.
(Added to NRS by 2009, 3093;
A 2011, 292)
NRS 490.370 Duty to affix legible sign containing name of business;
exceptions.
1. Except as otherwise provided in
subsection 2, at each established place of business, the off-highway vehicle
dealer, long-term or short-term lessor or manufacturer shall permanently affix
a sign containing the name of the business in lettering of sufficient size to
be clearly legible from the center of the nearest street or roadway, except
that the lettering must be at least 8 inches high and formed by lines that are
at least 1 inch wide.
2. Upon approval of the Director, and in
accordance with all other city and county ordinances, an off-highway vehicle
dealer or a long-term or short-term lessor may be exempted from the
requirements of subsection 1 if:
(a) The established place of business or branch
location is located within the confines of another business;
(b) The other place of business is the primary
business at that location; and
(c) The primary business is not licensed pursuant
to any provision of this chapter.
(Added to NRS by 2009, 3094;
A 2011, 292)
NRS 490.380 Dealer to allow certain purchasers and prospective purchasers to
view certain documents in Spanish language. Each
off-highway vehicle dealer who advertises that the Spanish language is spoken
at his or her place of business or who conducts business by communicating in
Spanish with a purchaser or prospective purchaser regarding the potential
purchase of an off-highway vehicle shall, upon the request of a purchaser or
prospective purchaser of an off-highway vehicle with whom the off-highway
vehicle dealer or his or her agent is communicating or has communicated in
Spanish as a part of the preliminary discussions and negotiations regarding the
purchase or potential purchase of the off-highway vehicle, allow the purchaser
or prospective purchaser to view the version of the forms for the application
for credit and contracts to be used in the sale of off-highway vehicles which
have been translated into Spanish pursuant to subsection 3 of NRS 97.299.
(Added to NRS by 2009, 3094;
A 2011, 292)
NRS 490.390 Books and records: Location; inspection and copying; retention.
1. An off-highway vehicle dealer,
long-term or short-term lessor or manufacturer shall keep the books and records
for all locations at which he or she does business within a county at the
principal place of business in that county.
2. Each off-highway vehicle dealer, lessor
and manufacturer shall:
(a) Permit any authorized agent of the Director
or the State of Nevada to inspect and copy the books and records during usual
business hours; or
(b) Not later than 3 business days after
receiving a request from such a person for the production of the books and
records or any other information, provide the requested books, records and
other information to the person at the location specified in the request.
3. An off-highway vehicle dealer, lessor
and manufacturer shall retain his or her books and records for 3 years after he
or she ceases to be licensed as an off-highway vehicle dealer, lessor or
manufacturer.
(Added to NRS by 2009, 3093;
A 2011, 292)
NRS 490.400 Vehicle taken in trade by off-highway vehicle dealer:
Satisfaction of outstanding security interest. If
a licensed off-highway vehicle dealer takes an off-highway vehicle in trade on
the purchase of another off-highway vehicle and there is an outstanding
security interest, the licensed off-highway vehicle dealer shall satisfy the
outstanding security interest within 30 days after the off-highway vehicle is
taken in trade on the purchase of the other off-highway vehicle.
(Added to NRS by 2009, 3094;
A 2011, 292)
NRS 490.410 “Bait and switch,” misleading or inaccurate advertising
prohibited; regulations.
1. No off-highway vehicle dealer,
long-term or short-term lessor or manufacturer may employ “bait and switch” advertising
or otherwise intentionally publish, display or circulate any advertising which
is misleading or inaccurate in any material particular or which misrepresents
any of the products sold, leased, manufactured, handled or furnished to the
public.
2. The Director shall adopt such
regulations as may be necessary for making the administration of this section
effective.
3. As used in this section, “bait and
switch” advertising consists of an offer to sell or lease goods or services
which the seller or lessor in truth may not intend or desire to sell or lease,
accompanied by one or more of the following practices:
(a) Refusal to show the goods advertised.
(b) Disparagement in any material respect of the
advertised goods or services or the terms of sale or lease.
(c) Requiring other sales or leases or other
undisclosed conditions to be met before selling or leasing the advertised goods
or services.
(d) Refusal to take orders for the goods or
services advertised for delivery within a reasonable time.
(e) Showing or demonstrating defective goods
which are unusable or impractical for the purposes set forth in the
advertisement.
(f) Accepting a deposit for the goods or services
and subsequently switching the purchase order to higher-priced goods or services.
(Added to NRS by 2009, 3098;
A 2011, 292)
NRS 490.420 License or temporary permit required to act as off-highway
vehicle salesperson; applicability of provisions relating to vehicle
salespersons.
1. A person shall not engage in the activity
of a salesperson of off-highway vehicles or act in the capacity of an
off-highway vehicle salesperson as defined in this chapter in the State of
Nevada without first having received a license or temporary permit from the
Department.
2. A license to act as an off-highway
vehicle salesperson must be issued in accordance with the provisions for the
licensing of vehicle salespersons as defined in chapter
482 of NRS.
3. A person who has received a license
issued pursuant to the provisions of chapter 482
of NRS must be licensed to act as a salesperson of vehicles defined in chapter 482 of NRS and as an off-highway vehicle
salesperson as defined in this chapter.
4. All requirements, restrictions and
penalties applicable to a vehicle salesperson licensed pursuant to the
provisions of chapter 482 of NRS apply
without exception to off-highway vehicle salespersons.
(Added to NRS by 2009, 3100;
A 2011, 292)
NRS 490.430 Notarization not required for documents filed by off-highway
vehicle dealer; exception. Except
as otherwise provided in NRS 490.280, the
Department or any other agency of this State shall not require that an
off-highway vehicle dealer have his or her signature acknowledged before a
notary public or any other person authorized to take acknowledgments in this
State on any document the off-highway vehicle dealer is required to file with
the Department or agency.
(Added to NRS by 2009, 3094;
A 2011, 292)
DOCUMENTATION RELATING TO SALE OF NEW AND USED OFF-HIGHWAY
VEHICLES
NRS 490.440 Off-highway vehicle dealer’s report of sale to be completed when
new or used off-highway vehicle is sold or leased for first time; exceptions;
regulations.
1. When a new or used off-highway vehicle
is sold or leased in this State for the first time, the seller or lessor of the
off-highway vehicle shall, unless a new off-highway vehicle is sold to an
off-highway vehicle dealer who is licensed to sell the make of off-highway
vehicle being sold, complete and execute an off-highway vehicle dealer’s report
of sale.
2. The form, content and disposition of
the off-highway vehicle dealer’s report of sale must be prescribed by
regulation adopted by the Department.
(Added to NRS by 2009, 3101;
A 2011, 292)
NRS 490.450 Submission of certificate or other documentation when used
off-highway vehicle is sold by person who is not off-highway vehicle dealer;
processing fee. When a used
off-highway vehicle is sold in this State by a person who is not an off-highway
vehicle dealer, the seller or buyer or both of them shall, within 10 days after
the sale:
1. Submit to the Department:
(a) If a certificate of title has been issued in
this State, the certificate properly endorsed.
(b) If a certificate of title or other document
of title has been issued by a public authority of another state, territory or
country:
(1) The certificate or document properly
endorsed; and
(2) A statement containing, if not
included in the endorsed certificate or document, the description of the
off-highway vehicle, including the names and addresses of the buyer and seller
and the name and address of any person who takes or retains a purchase money
security interest. Any such statement must be signed and acknowledged by the
seller and the buyer.
(c) If no document of title has been issued by
any public authority, a statement containing all the information and signed and
acknowledged in the manner required by subparagraph (2) of paragraph (b).
2. Remit to the Department any fee for the
processing of an endorsed certificate of title or statement submitted to the
Department pursuant to this section.
(Added to NRS by 2009, 3101;
A 2011, 292)
PENALTIES
NRS 490.500 Penalty for knowingly providing certain false information
relating to title or security interest or for not submitting report of sale or
lease within time prescribed. Any
person is guilty of a gross misdemeanor who knowingly:
1. Makes or causes to be made any false
entry on any certificate of origin or certificate of title for an off-highway
vehicle;
2. Furnishes or causes to be furnished
false information to the Department concerning any security interest; or
3. Fails to submit or causes to not be
submitted the original of the off-highway vehicle dealer’s or long-term
lessor’s report of sale or lease, together with the certificate of title or
certificate of ownership issued for a new or used off-highway vehicle to the
Department within the time prescribed by regulation adopted by the Department.
(Added to NRS by 2009, 3101;
A 2011, 292)
NRS 490.510 Administrative fines; compelled compliance with provisions of
law.
1. The Department may impose an
administrative fine, not to exceed $2,500, for a violation of any provision of NRS 490.0827, 490.125 and
490.150 to 490.520,
inclusive, or any rule, regulation or order adopted or issued pursuant thereto.
The Department shall afford to any person so fined an opportunity for a hearing
pursuant to the provisions of NRS
233B.121.
2. All administrative fines collected by
the Department pursuant to subsection 1 must be deposited with the State
Treasurer to the credit of the Revolving Account for the Administration of
Off-Highway Vehicle Titling and Registration created by NRS
490.085.
3. In addition to any other remedy
provided by this chapter, the Department may compel compliance with any provision
of this chapter and any rule, regulation or order adopted or issued pursuant
thereto by injunction or other appropriate remedy, and the Department may
institute and maintain in the name of the State of Nevada any such enforcement
proceedings.
(Added to NRS by 2009, 3100;
A 2011, 292;
2013, 2874)
NRS 490.520 Criminal penalties for certain violations of chapter.
1. It is a gross misdemeanor for any
person knowingly to falsify:
(a) An off-highway vehicle dealer’s report of
sale, as described in NRS 490.440; or
(b) An application or document to obtain any
license, permit, certificate of title or registration issued under the
provisions of this chapter.
2. Except as otherwise provided in
subsections 3 and 4, it is a misdemeanor for any person to violate any of the
provisions of this chapter unless the violation is by this section or other
provision of this chapter or other law of this State declared to be a gross
misdemeanor or a felony.
3. Except as otherwise provided in
subsection 4, a person who violates a provision of this chapter relating to the
registration or operation of an off-highway vehicle is guilty of a misdemeanor
and shall be punished by a fine not to exceed $100.
4. Any person who registers a large
all-terrain vehicle pursuant to NRS 490.0825 and
who:
(a) Operates or knowingly permits the operation
of the vehicle without having insurance as required by NRS
490.0825;
(b) Operates or knowingly permits the operation
of the vehicle without having evidence of insurance of the vehicle in the
possession of the operator of the vehicle; or
(c) Fails or refuses to surrender, upon demand,
to a peace officer or to an authorized representative of the Department the
evidence of insurance,
Ê is guilty of
a misdemeanor and shall be punished by a fine not to exceed $100.
(Added to NRS by 2009, 3100;
A 2011, 292;
2013, 709)
