[Rev. 2/11/2015 11:23:19
AM--2014R2]
CHAPTER 485 - MOTOR VEHICLES: INSURANCE AND
FINANCIAL RESPONSIBILITY
GENERAL PROVISIONS
NRS 485.010 Short
title.
NRS 485.020 Definitions.
NRS 485.028 “Certificate
of financial responsibility” defined.
NRS 485.0335 “Dormant
vehicle” defined.
NRS 485.034 “Evidence
of insurance” defined.
NRS 485.035 “Judgment”
defined.
NRS 485.037 “Insurance”
defined.
NRS 485.040 “License”
defined.
NRS 485.050 “Motor
vehicle” defined.
NRS 485.055 “Motor
vehicle liability policy” defined.
NRS 485.060 “Nonresident”
defined.
NRS 485.070 “Nonresident’s
operating privilege” defined.
NRS 485.080 “Operator”
defined.
NRS 485.090 “Owner”
defined.
NRS 485.105 “Proof
of financial responsibility” defined.
NRS 485.108 “Registered
owner” defined.
NRS 485.110 “Registration”
defined.
NRS 485.120 “State”
defined.
ADMINISTRATION
NRS 485.130 General
duties of Department.
NRS 485.135 Department
to furnish operating record.
NRS 485.137 Department
to publish and disseminate informational leaflet.
NRS 485.140 Judicial
review.
INSURANCE REQUIRED
NRS 485.185 Insurance
for payment of tort liabilities arising from maintenance or use of motor
vehicle: Coverage to be obtained from insurance company duly licensed and
approved; minimum thresholds of coverage.
NRS 485.186 Operator’s
policy of liability insurance: Use in lieu of owner’s policy of liability
insurance; requirements for issuance; required statements; operation of motor
vehicle by person other than insured; required and excluded coverages;
applicability.
NRS 485.187 Unlawful
acts; fines and penalties; exceptions.
SECURITY FOLLOWING ACCIDENT
NRS 485.190 Department
to determine amount of security required; hearing; suspension of license and
registration; procedure regarding erroneous information.
NRS 485.191 Right
to hearing; notice; request for hearing; waiver.
NRS 485.193 Scope
of hearing.
NRS 485.195 Powers
of officer conducting hearing.
NRS 485.197 Enforcement
of subpoenas issued by Director.
NRS 485.200 Exceptions
to requirements as to security and suspension of license and registration.
NRS 485.210 Requirements
as to policy or bond.
NRS 485.220 Form
and amount of security.
NRS 485.230 Duration
of suspension; requirements for reinstatement.
NRS 485.240 Application
to nonresidents, unlicensed drivers, unregistered motor vehicles and accidents
in other states.
NRS 485.250 Authority
of Department to reduce amount of security.
NRS 485.260 Custody
of security.
NRS 485.270 Disposition
of security.
NRS 485.280 Return
of deposit.
NRS 485.290 Transfers
of deposits to State Highway Fund; procedure for payment of claimants after
transfer.
NRS 485.300 Matters
not to be evidence in civil suits.
NONPAYMENT OF JUDGMENT
NRS 485.301 Judgment
creditor authorized to report nonpayment of judgment entered as result of motor
vehicle accident; Department to transmit copy of judgment to nonresident’s
state.
NRS 485.302 Suspension
for nonpayment of judgment; exceptions.
NRS 485.303 Suspension
to continue until judgments paid and proof given.
NRS 485.304 Payments
sufficient to satisfy requirements.
NRS 485.305 Payment
of judgment in installments; default.
PROOF OF FINANCIAL RESPONSIBILITY
NRS 485.307 Alternate
methods of giving proof; proof required before registration is restored.
NRS 485.3075 Proof
required before reinstatement of license or registrations suspended for failure
to maintain proof; duration; penalty.
NRS 485.308 Certificate
of insurance as proof; filing of certificate by electronic or other means;
insurance carrier to notify Department before cancelling or terminating policy.
NRS 485.309 Certificate
furnished by nonresident as proof.
NRS 485.3091 Motor
vehicle liability policy: Requirements.
NRS 485.3092 Cancellation
or termination of policy: Notice required; suspension required if effective
date within 3 years after reinstatement.
NRS 485.3093 Chapter
not to affect other policies.
NRS 485.3098 Other
proof may be required.
NRS 485.3099 Department,
under certain circumstances, to consent to cancellation of certificate or waive
requirement of proof; re-establishment of proof.
VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY
NRS 485.313 Department
to create system for verifying that owners of motor vehicles maintain insurance;
regulations.
NRS 485.314 Insurer
to maintain record of each contract of insurance and provide Department access
to any such record; Department to notify Commissioner of Insurance of noncompliance
or receipt of false, incomplete or misleading information.
NRS 485.316 Confidentiality
of information in system; exceptions; penalty.
NRS 485.317 Department
to verify insurance for each motor vehicle registered in this State; owner to
respond to inquiry when Department unable to verify insurance; suspension of
registration when insurance cannot be verified; reinstatement of registration.
NRS 485.318 Immunity
from liability for actions in good faith and without gross negligence.
VIOLATIONS AND PENALTIES
NRS 485.320 Surrender
of license, registration and license plates; owner of dormant vehicle required
to cancel registration if policy covering vehicle is cancelled or expires;
regulations.
NRS 485.326 Suspension
of license for failure to maintain insurance.
NRS 485.330 Operating
motor vehicle when license or registration suspended.
NRS 485.340 Failure
to return license, registration or license plate.
NRS 485.350 False
or forged policy of insurance, certificate of self-insurance, proof of
financial responsibility, evidence of insurance or other document;
misrepresentation of documents.
NRS 485.360 Penalty
for other violations.
MISCELLANEOUS PROVISIONS
NRS 485.370 Applicability.
NRS 485.380 Self-insurers.
NRS 485.385 Department
to take appropriate action after receipt of correct information.
NRS 485.387 Suspension
of registration does not prevent owner from effecting bona fide sale; rights of
vendor, mortgagee or lessor.
NRS 485.390 Chapter
supplemental to laws regarding motor vehicles.
NRS 485.400 Chapter
not retroactive.
NRS 485.410 Chapter
not to prevent other process.
NRS 485.420 Uniformity
of interpretation.
_________
GENERAL PROVISIONS
NRS 485.010 Short title. This
chapter may be cited as the Motor Vehicle Insurance and Financial
Responsibility Act.
[21:127:1949]—(NRS A 1995, 2734)
NRS 485.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 485.028 to 485.120, inclusive, have the meanings ascribed to them
in those sections.
[1:127:1949; 1943 NCL § 4439.01]—(NRS A 1961, 138; 1981, 1862; 1987, 1090; 1995, 2734; 1997, 1083)
NRS 485.028 “Certificate of financial responsibility” defined. “Certificate of financial responsibility”
means the certificate issued by an insurance carrier pursuant to NRS 485.308 certifying that there is a motor vehicle
liability policy in effect for a person who is required to furnish proof of
financial responsibility.
(Added to NRS by 1995, 2734)
NRS 485.0335 “Dormant vehicle” defined. “Dormant
vehicle” means a motor vehicle:
1. For which a policy of liability
insurance is required pursuant to this chapter; and
2. That will not be operated for an
extended period because of mechanical or seasonal circumstances.
(Added to NRS by 1997, 1083)
NRS 485.034 “Evidence of insurance” defined. “Evidence
of insurance” means:
1. The form provided by an insurer
pursuant to NRS 690B.023 as evidence
of a contract of insurance for a motor vehicle liability policy; or
2. The certificate of self-insurance
issued to a self-insurer by the Department pursuant to NRS
485.380.
(Added to NRS by 1995, 2734)
NRS 485.035 “Judgment” defined. “Judgment”
means any judgment which shall have become final by expiration without appeal
of the time within which an appeal might have been perfected, or by final
affirmation on appeal rendered by a court of competent jurisdiction of any
state or of the United States, upon a cause of action arising out of the
ownership, maintenance or use of any motor vehicle for damages, including
damages for care and loss of services because of injury to or destruction of
property, including the loss of use thereof, or upon a cause of action on an
agreement of settlement for such damages.
(Added to NRS by 1957, 722)
NRS 485.037 “Insurance” defined. “Insurance”
means:
1. A motor vehicle liability policy; or
2. The security provided by a self-insurer
pursuant to NRS 485.380.
(Added to NRS by 1995, 2734)
NRS 485.040 “License” defined. “License”
means any license, temporary instruction permit or temporary license issued
under the laws of this State pertaining to the licensing of persons to operate
motor vehicles.
[1.2:127:1949; 1943 NCL § 4439.01b]
NRS 485.050 “Motor vehicle” defined. “Motor
vehicle” means every self-propelled vehicle which is designed for use upon a
highway, including:
1. Trailers and semitrailers designed for
use with such vehicles, except traction engines, road rollers, farm tractors,
tractor cranes, power shovels and well drillers; and
2. Every vehicle which is propelled by
electric power obtained from overhead wires but not operated upon rails.
Ê The term
does not include electric personal assistive mobility devices as defined in NRS 482.029.
[1.3:127:1949; 1943 NCL § 4439.01c]—(NRS A 2003, 1206)
NRS 485.055 “Motor vehicle liability policy” defined.
1. “Motor vehicle liability policy” means
an owner’s policy of liability insurance or an operator’s policy of liability
insurance issued by an insurer authorized to transact business in this State,
to or for the benefit of the person named therein as insured.
2. With respect to a policy which grants
excess or additional coverage over that required by NRS
485.3091, the term “motor vehicle liability policy” applies only to that
part of the coverage which is required by NRS 485.3091.
(Added to NRS by 1987, 1088; A 1995, 2734)
NRS 485.060 “Nonresident” defined. “Nonresident”
means every person who is not a resident of this State.
[1.4:127:1949; 1943 NCL § 4439.01d]
NRS 485.070 “Nonresident’s operating privilege” defined. “Nonresident’s operating privilege” means the
privilege conferred upon a nonresident by the laws of this State pertaining to
the operation by the nonresident of a motor vehicle, or the use of a motor
vehicle owned by the nonresident, in this State.
[1.5:127:1949; 1943 NCL § 4439.01e]
NRS 485.080 “Operator” defined. “Operator”
means every person who is in actual physical control of a motor vehicle whether
or not licensed as an operator pursuant to the laws of this State.
[1.6:127:1949; 1943 NCL § 4439.01f]—(NRS A 1995, 2734)
NRS 485.090 “Owner” defined. “Owner”
means a person who holds the legal title of a motor vehicle, or in the event a
motor vehicle is the subject of an agreement for the conditional sale or lease
thereof with the right of purchase upon performance of the conditions stated in
the agreement and with an immediate right of possession vested in the
conditional vendee or lessee, or in the event a mortgagor of a vehicle is
entitled to possession, then such conditional vendee or lessee or mortgagor
shall be deemed the owner for the purposes of this chapter.
[1.7:127:1949; 1943 NCL § 4439.01g]
NRS 485.105 “Proof of financial responsibility” defined. “Proof of financial responsibility” means
proof of ability to respond for the future in damages for liability, on account
of accidents occurring subsequent to the effective date of that proof, arising
out of the ownership, maintenance or use of a motor vehicle, in the amounts
specified in NRS 485.185.
(Added to NRS by 1957, 722; A 1963, 221; 1969, 177; 1981, 627; 1993, 2484)
NRS 485.108 “Registered owner” defined. “Registered
owner” means a person whose name appears in the records of the Department as
the person to whom the vehicle is registered.
(Added to NRS by 1981, 1861; A 1985, 1957; 1999, 3578)
NRS 485.110 “Registration” defined. “Registration”
means the registration certificate and plate issued under the laws of this
State pertaining to the registration of motor vehicles.
[1.9:127:1949; 1943 NCL § 4439.01i]—(NRS A 1985, 1175)
NRS 485.120 “State” defined. “State”
means any state, territory or possession of the United States, the District of
Columbia, or any province of the Dominion of Canada.
[1.10:127:1949; 1943 NCL § 4439.01j]
ADMINISTRATION
NRS 485.130 General duties of Department.
1. The Department shall:
(a) Administer and enforce the provisions of this
chapter.
(b) Provide for hearings upon request of persons
aggrieved by orders or acts of the Department under the provisions of NRS 485.185 to 485.300,
inclusive.
2. The Department may adopt regulations
necessary for the administration of this chapter.
[Part 2:127:1949; 1943 NCL § 4439.02]—(NRS A 1961,
138; 1981, 1127;
1999, 3578)
NRS 485.135 Department to furnish operating record. The
Department shall upon request furnish any person a certified abstract of the
operating record of any person subject to the provisions of this chapter, which
abstract must also fully designate the motor vehicles, if any, registered in
the name of that person, and, if there is no record of any conviction of that
person of violating any law relating to the operation of a motor vehicle or of
any injury or damage caused by that person, the Department shall so certify.
(Added to NRS by 1957, 723; A 1961, 138; 1999, 3579)
NRS 485.137 Department to publish and disseminate informational leaflet.
1. The Department shall publish a leaflet
which summarizes and explains the requirements and provisions of this chapter.
2. The Department shall:
(a) Make copies of the leaflet available without
charge to all licensed drivers in this State, to all public school pupils who
are of driving age, and to the public.
(b) Cause a copy of the leaflet to be delivered
to each applicant for a new registration of a vehicle.
(Added to NRS by 1965, 334; A 1985, 1958; 1999, 3579; 2009, 1358)
NRS 485.140 Judicial review. Any
person aggrieved by a final decision in a contested case before the Department
under this chapter is entitled to judicial review of the decision in the manner
provided by chapter 233B of NRS.
[Part 2:127:1949; 1943 NCL § 4439.02]—(NRS A 1961,
139; 1971, 231; 1981,
1127, 1862;
1989, 1655;
1999, 3579)
INSURANCE REQUIRED
NRS 485.185 Insurance for payment of tort liabilities arising from
maintenance or use of motor vehicle: Coverage to be obtained from insurance
company duly licensed and approved; minimum thresholds of coverage. Every owner of a motor vehicle which is
registered or required to be registered in this State shall continuously
provide, while the motor vehicle is present or registered in this State,
insurance 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:
1. In the amount of $15,000 for bodily
injury to or death of one person in any one accident;
2. Subject to the limit for one person, in
the amount of $30,000 for bodily injury to or death of two or more persons in
any one accident; and
3. In the amount of $10,000 for injury to
or destruction of property of others in any one accident,
Ê for the
payment of tort liabilities arising from the maintenance or use of the motor
vehicle.
(Added to NRS by 1979, 1820; A 1981, 1862; 1987, 1090; 1993, 2484; 1995, 2734; 2007, 2049)
NRS 485.186 Operator’s policy of liability insurance: Use in lieu of owner’s
policy of liability insurance; requirements for issuance; required statements;
operation of motor vehicle by person other than insured; required and excluded
coverages; applicability.
1. Except as otherwise provided in
subsection 7, any natural person may satisfy the requirements of NRS 485.185 by obtaining, in lieu of an owner’s policy
of liability insurance, an operator’s policy of liability insurance which meets
the requirements of this section and NRS 485.3091.
2. An operator’s policy of liability
insurance may only be issued to a person if:
(a) The number of motor vehicles that the person
owns is greater than the number of persons in his or her household who possess
a driver’s license; and
(b) Each person in his or her household who
possesses a driver’s license is covered by an operator’s policy of liability
insurance.
3. An operator’s policy of liability
insurance must state, in addition to the requirements of NRS 485.3091, that:
(a) The insurer is only liable under the policy
for liability incurred by the insured while the named insured is the operator
of a motor vehicle or while a motor vehicle owned by the insured is not being
operated by any person;
(b) The policy does not provide coverage for any
vicarious liability imposed on the owner of the motor vehicle as a result of
the operation by another person of a motor vehicle owned by the insured or for
any liability imposed by NRS 41.440 or 483.300; and
(c) The coverage provided by the policy may not
meet the requirements of the financial responsibility laws of other states,
Ê unless such
extended coverage is expressly included in the policy. No operator’s policy of
liability insurance may be delivered or issued for delivery in this State
unless the insured has signed an endorsement stating that he or she has read
and understood the policy and its limitations.
4. An owner of a motor vehicle which is
registered or required to be registered in this State and who holds an
operator’s policy of liability insurance shall not permit another person to
operate the motor vehicle if the owner knows or should have known that the
person does not have liability insurance to cover the person’s own operation of
that motor vehicle.
5. An operator’s policy of liability
insurance must not provide coverage for damages incurred while a person other
than the named insured is operating a motor vehicle.
6. An operator’s policy of liability
insurance must provide coverage for liability incurred by the insured while a
motor vehicle owned by the insured is not being operated by any person.
7. This section does not apply to a
lessor, dealer, manufacturer, rebuilder or distributor of a motor vehicle, an
owner of a fleet, a common, contract or private motor carrier or any other
employer who owns a motor vehicle for use in his or her business.
(Added to NRS by 1987, 1088; A 2001
Special Session, 252)
NRS 485.187 Unlawful acts; fines and penalties; exceptions.
1. Except as otherwise provided in
subsection 5, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is
registered or required to be registered in this State, without having insurance
as required by NRS 485.185.
(b) Operate or knowingly permit the operation of
the motor vehicle without having evidence of insurance of the operator or the
vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to
a peace officer or to an authorized representative of the Department the
evidence of insurance.
(d) Knowingly permit the operation of the motor
vehicle in violation of subsection 3 of NRS 485.186.
2. A person shall not operate the motor
vehicle of another person unless the person who will operate the motor vehicle:
(a) First ensures that the required evidence of
insurance is present in the motor vehicle; or
(b) Has his or her own evidence of insurance
which covers that person as the operator of the motor vehicle.
3. Except as otherwise provided in
subsection 4, any person who violates subsection 1 or 2 is guilty of a
misdemeanor. Except as otherwise provided in this subsection, in addition to
any other penalty, a person sentenced pursuant to this subsection shall be
punished by a fine of not less than $600 nor more than $1,000 for each
violation. The fine must be reduced to $100 for the first violation if the
person obtains a motor vehicle liability policy by the time of sentencing,
unless:
(a) The person has registered the vehicle as part
of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or
(b) The person has been issued a certificate of
self-insurance pursuant to NRS 485.380.
4. A court:
(a) Shall not find a person guilty or fine a
person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a
violation of subsection 2 if the person presents evidence to the court that the
insurance required by NRS 485.185 was in effect at
the time demand was made for it.
(b) Except as otherwise provided in paragraph
(a), may impose a fine of not more than $1,000 for a violation of paragraph
(a), (b) or (c) of subsection 1, and suspend the balance of the fine on the
condition that the person presents proof to the court each month for 12 months
that the insurance required by NRS 485.185 is
currently in effect.
5. The provisions of paragraphs (b) and
(c) of subsection 1 do not apply if the motor vehicle in question displays a
valid permit issued by the Department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396 or 482.3965 authorizing the movement or
operation of that vehicle within the State for a limited time.
(Added to NRS by 1987, 1089; A 1987, 1443; 1989, 1844; 1993, 157, 1443, 2485, 2492; 1995, 576, 2357, 2735; 1997, 662; 1999, 2727; 2001, 922)
SECURITY FOLLOWING ACCIDENT
NRS 485.190 Department to determine amount of security required; hearing;
suspension of license and registration; procedure regarding erroneous
information.
1. If, 20 days after the receipt of a
report of an accident involving a motor vehicle within this State which has
resulted in bodily injury or death, or damage to the property of any one person
in excess of $750, the Department does not have on file evidence satisfactory
to it that the person who would otherwise be required to file security under
subsection 2 has been released from liability, has been finally adjudicated not
to be liable or has executed an acknowledged written agreement providing for
the payment of an agreed amount in installments with respect to all claims for
injuries or damages resulting from the accident, the Department shall upon
request set the matter for a hearing as provided in NRS
485.191.
2. The Department shall, immediately after
a determination adverse to an operator or owner is made in a hearing pursuant
to NRS 485.191, suspend the license of each
operator and all registrations of each owner of a motor vehicle involved in
such an accident, and, if the operator is a nonresident, the privilege of
operating a motor vehicle within this State, and, if the owner is a
nonresident, the privilege of the use within this State of any motor vehicle
owned by him or her, unless the operator or owner, or both, immediately deposit
security in the sum so determined by the Department at the hearing. If
erroneous information is given to the Department with respect to the matters
set forth in paragraph (a), (b) or (c) of subsection 1 of NRS 485.200, the Department shall take appropriate
action as provided in this section after it receives correct information with
respect to those matters.
[Part 4:127:1949; 1943 NCL § 4439.04]—(NRS A 1961,
139; 1965, 264, 1275; 1973, 1545; 1981, 1862; 1987, 1090; 1993, 2486; 1999, 3579; 2007, 2050)
NRS 485.191 Right to hearing; notice; request for hearing; waiver.
1. Any operator or owner of a motor
vehicle who was involved in an accident and who is not exempt from the
requirements of depositing security by the provisions of NRS
485.200, is entitled to a hearing before the Director or a representative
of the Director before a determination of the amount of security required
pursuant to NRS 485.190, and before the suspension
of his or her operator’s license or registration as provided in subsection 2 of
NRS 485.190. The hearing must be held in the county
of residence of the operator. If the operator and owner reside in different
counties and the hearing would involve both of them, the hearing must be held
in the county which will be the most convenient for the summoning of witnesses.
2. The owner or operator must be given at
least 30 days’ notice of the hearing in writing with a brief explanation of the
proceedings to be taken against the owner or operator and the possible
consequences of a determination adverse to the owner or operator.
3. If the operator or owner desires a
hearing, the owner or operator shall, within 15 days, notify the Department in
writing of such intention. If the owner or operator does not send this notice
within the 15 days, he or she waives his or her right to a hearing, except
that, the Director may for good cause shown permit the owner a later
opportunity for a hearing.
(Added to NRS by 1973, 1544; A 1981, 1863; 1987, 1091; 1999, 3580)
NRS 485.193 Scope of hearing. The
hearing must be held to determine:
1. Whether or not there is a reasonable
possibility that a judgment may be rendered against the owner or operator as a
result of the accident in which the owner or operator was involved if the issue
is brought before a court of competent jurisdiction; and
2. The amount of security that may be
required of the operator or owner to satisfy any judgment for damages that may
be rendered against the owner or operator.
(Added to NRS by 1973, 1544; A 1981, 85)
NRS 485.195 Powers of officer conducting hearing. The
Director or a representative of the Director may certify to all official acts
and issue subpoenas for attendance of witnesses and the production of books and
papers.
(Added to NRS by 1973, 1544; A 1981, 85)
NRS 485.197 Enforcement of subpoenas issued by Director.
1. The district court in and for the
county in which any hearing may be held shall have the power to compel the
attendance of witnesses, the giving of testimony and the production of books
and papers as required by any subpoena issued by the Director.
2. In case of the refusal of any witness
to attend or testify or produce any papers required by such subpoena the
Director may report to the district court in and for the county in which the
hearing is pending by petition, setting forth:
(a) That due notice has been given of the time
and place of attendance of the witness or the production of the books and
papers;
(b) That the witness has been subpoenaed in the
manner prescribed in this chapter;
(c) That the witness has failed and refused to
attend or produce the papers required by subpoena before the Director in the
cause or proceeding named in the subpoena, or has refused to answer questions
propounded to the witness in the course of such hearing,
Ê and asking
an order of the court compelling the witness to attend and testify or produce
the books or papers before the Director.
3. The court, upon petition of the
Director, shall enter an order directing the witness to appear before the court
at a time and place to be fixed by the court in such order, the time to be not
more than 10 days from the date of the order, and then and there show cause why
the witness has not attended or testified or produced the books or papers
before the Director. A certified copy of the order shall be served upon the
witness. If it shall appear to the court that the subpoena was regularly issued
by the Director, the court shall thereupon enter an order that the witness
appear before the Director at the time and place fixed in the order and testify
or produce the required books or papers, and upon failure to obey the order the
witness shall be dealt with as for contempt of court.
(Added to NRS by 1973, 1545)
NRS 485.200 Exceptions to requirements as to security and suspension of
license and registration.
1. The requirements as to security and
suspension in NRS 485.190 to 485.300,
inclusive, do not apply:
(a) To the operator or owner if the operator or
owner had in effect at the time of the accident a motor vehicle liability
policy with respect to the motor vehicle involved in the accident;
(b) To the operator if there was in effect at the
time of the accident a motor vehicle liability policy with respect to his or
her operation of any motor vehicle;
(c) To the operator or owner if the liability for
damages of the operator or owner resulting from the accident is, in the
judgment of the Department, covered by any other form of liability insurance
policy or a bond;
(d) To any person qualifying as a self-insurer
pursuant to NRS 485.380, or to any person operating
a motor vehicle for the self-insured;
(e) To the operator or the owner of a motor
vehicle involved in an accident wherein no injury or damage was caused to the
person or property of anyone other than the operator or owner;
(f) To the operator or the owner of a motor
vehicle legally parked at the time of the accident;
(g) To the owner of a motor vehicle if at the
time of the accident the vehicle was being operated without the owner’s
permission, express or implied, or was parked by a person who had been
operating the motor vehicle without permission; or
(h) If, before the date that the Department would
otherwise suspend the license and registration or nonresident’s operating
privilege pursuant to NRS 485.190, there is filed
with the Department evidence satisfactory to it that the person who would
otherwise have to file security has been released from liability or has
received a determination in his or her favor at a hearing conducted pursuant to
NRS 485.191, or has been finally adjudicated not to
be liable or has executed an acknowledged written agreement providing for the
payment of an agreed amount in installments, with respect to all claims for
injuries or damages resulting from the accident.
2. An owner who is not the operator of the
motor vehicle is not exempt from the requirements as to security and suspension
in NRS 485.190 to 485.300,
inclusive, if the owner holds a motor vehicle liability policy which provides
coverage only when the owner is operating the motor vehicle and, at the time of
the accident, another person is operating the motor vehicle with the express or
implied permission of the owner.
[Part 4:127:1949; 1943 NCL § 4439.04] + [5:127:1949;
1943 NCL § 4439.05]—(NRS A 1961, 140; 1973, 836, 1546; 1979, 1515; 1981, 1863; 1987, 1091; 1995, 2736; 1999, 3580)
NRS 485.210 Requirements as to policy or bond. For
the purposes of NRS 485.200, a policy or bond is
not effective unless:
1. The policy or bond is subject, if the
accident has resulted in bodily injury or death, to a limit, exclusive of
interest and costs, of not less than $15,000 because of bodily injury to or
death of one person in any one accident and, subject to the limit for one
person, to a limit of not less than $30,000 because of bodily injury to or death
of two or more persons in any one accident and, if the accident has resulted in
injury to or destruction of property, to a limit of not less than $10,000
because of injury to or destruction of property of others in any one accident;
and
2. The insurance company or surety company
issuing that policy or bond is authorized to do business in this State or, if
the company is not authorized to do business in this State, unless it executes
a power of attorney authorizing the Director to accept service on its behalf of
notice or process in any action upon that policy or bond arising out of an
accident.
[Part 4:127:1949; 1943 NCL § 4439.04]—(NRS A 1961,
141; 1963, 220; 1969, 177; 1981, 628; 1985, 1958; 1987, 1092; 1995, 2737)
NRS 485.220 Form and amount of security.
1. The security required pursuant to NRS 485.190 to 485.300,
inclusive, must be in such a form and amount as the Department may require, but
in no case in excess of the limits specified in NRS
485.210 in reference to the acceptable limits of a policy or bond.
2. The person depositing the security
shall specify in writing the person or persons on whose behalf the deposit is
made and, at any time while the deposit is in the custody of the Department or
the State Treasurer, the person depositing it may, in writing, amend the
specification of the person or persons on whose behalf the deposit is made to
include an additional person or persons, but a single deposit of security is
applicable only on behalf of persons required to furnish security because of
the same accident.
[Part 8:127:1949; 1943 NCL § 4439.08]—(NRS A 1961,
141; 1981, 1128;
1995, 2737;
1999, 3581)
NRS 485.230 Duration of suspension; requirements for reinstatement.
1. The license, all registrations and the
nonresident’s operating privilege suspended as provided in NRS 485.190 must remain so suspended and may not be
renewed nor may any license or registration be issued to any such person until:
(a) The person deposits or there is deposited on
his or her behalf the security required under NRS
485.190;
(b) Two years have elapsed following the date of
the accident and evidence satisfactory to the Department has been filed with it
that during that period no action for damages arising out of the accident has
been instituted; or
(c) Evidence satisfactory to the Department has
been filed with it of a release from liability, or a final adjudication of
nonliability, or an acknowledged written agreement, in accordance with NRS 485.190.
2. Upon any default in the payment of any
installment under any acknowledged written agreement, and upon notice of the
default, the Department shall suspend the license and all registrations or the
nonresident’s operating privilege of the person defaulting, which may not be
restored until:
(a) The person deposits and thereafter maintains
security as required under NRS 485.190 in such an
amount as the Department may then determine; or
(b) One year has elapsed following the date of
default, or 2 years following the date of the accident, whichever is greater,
and during that period no action upon the agreement has been instituted in a
court in this State.
3. Proof of financial responsibility, as
set forth in NRS 485.307, is an additional
requirement for reinstatement of the operator’s license and registrations under
this section. The person shall maintain proof of financial responsibility for 3
years after the date of reinstatement of the license in accordance with the
provisions of this chapter. If the person fails to do so the Department shall
suspend the license and registrations.
[6:127:1949; 1943 NCL § 4439.06]—(NRS A 1957, 721;
1961, 141; 1981,
1864; 1985,
1175; 1999,
3581)
NRS 485.240 Application to nonresidents, unlicensed drivers, unregistered
motor vehicles and accidents in other states.
1. If the operator or the owner of a motor
vehicle involved in an accident within this State has no license or
registration, or is a nonresident, the operator or owner must not be allowed a
license or registration until the operator or owner has complied with the
requirements of NRS 485.190 to 485.300, inclusive, to the same extent that would be
necessary if, at the time of the accident, the operator or owner had held a
license and registration.
2. When a nonresident’s operating
privilege is suspended pursuant to NRS 485.190 or 485.230, the Department shall transmit a certified
copy of the record of that action to the officer in charge of the issuance of
licenses and registration certificates in the state in which the nonresident
resides, if the law of that state provides for action in relation thereto
similar to that provided for in subsection 3.
3. Upon receipt of a certification that
the operating privilege of a resident of this State has been suspended or
revoked in any other state pursuant to a law providing for its suspension or
revocation for failure to deposit security for the payment of judgments arising
out of a motor vehicle accident, under circumstances which would require the
Department to suspend a nonresident’s operating privilege had the accident
occurred in this State, the Department shall suspend the license of the
resident if the resident was the operator, and all of his or her registrations
if the resident was the owner of a motor vehicle involved in that accident. The
suspension must continue until the resident furnishes evidence of compliance
with the law of the other state relating to the deposit of that security.
[7:127:1949; 1943 NCL § 4439.07]—(NRS A 1957, 722;
1961, 142; 1981,
1128; 1995,
2737; 1999,
3582)
NRS 485.250 Authority of Department to reduce amount of security. The Department may reduce the amount of
security ordered in any case within 6 months after the date of the accident if,
in its judgment, the amount ordered is excessive. In case the security
originally ordered has been deposited, the excess deposited over the reduced
amount ordered must be returned to the depositor or his or her personal
representative forthwith, notwithstanding the provisions of NRS 485.270.
[Part 8:127:1949; 1943 NCL § 4439.08]—(NRS A 1961,
143; 1999, 3582)
NRS 485.260 Custody of security. Security
deposited pursuant to the requirements of NRS 485.190
to 485.300, inclusive, must be placed by the
Department in the custody of the State Treasurer.
[Part 9:127:1949; A 1955, 192]—(NRS A 1961, 143; 1981, 1129; 1995, 2738; 1999, 3583)
NRS 485.270 Disposition of security. Security
deposited in compliance with the requirements of this chapter is applicable
only to the payment of a judgment or judgments rendered against the person or
persons on whose behalf the deposit was made for damages arising out of the
accident in question in an action at law, begun not later than 2 years after
the date of the accident or within 1 year after the date of deposit of any
security under NRS 485.230, whichever period is
longer, or to the payment in settlement, agreed to by the depositor, of a claim
or claims arising out of the accident.
[Part 9:127:1949; A 1955, 192]—(NRS A 1957, 722; 1981, 1865)
NRS 485.280 Return of deposit. A
deposit or any balance thereof must be returned to the depositor or his or her
personal representative:
1. When evidence satisfactory to the
Department has been filed with it that there has been a release from liability,
a final adjudication of nonliability or an acknowledged agreement, in
accordance with paragraph (h) of subsection 1 of NRS
485.200; or
2. If 2 years after the date of the
accident or 1 year after the date of deposit of any security under NRS 485.230, whichever period is longer, the
Department is given reasonable evidence that there is no action pending and no
judgment rendered in such an action left unpaid.
[Part 9:127:1949; A 1955, 192]—(NRS A 1961, 143; 1981, 1865; 1987, 1093; 1999, 3583)
NRS 485.290 Transfers of deposits to State Highway Fund; procedure for
payment of claimants after transfer.
1. In cases where a return to a depositor
or his or her personal representative is authorized and warranted under NRS 485.280 but the address or present whereabouts of
the depositor is unknown and cannot be readily ascertained by the Department,
the security deposited may, 90 days after its return would be authorized by NRS 485.280, be transferred from the custody of the
State Treasurer to the State Highway Fund for the general use of the Department
of Transportation upon the written and certified request of the Department.
2. The request made by the Department must
state the names of the parties, the dates and a concise statement of the facts
involved and must be forwarded in duplicate to the State Controller and the
State Treasurer.
3. The State Controller and the State Treasurer
are directed to transfer the amounts of security deposits from the custody of
the State Treasurer to the State Highway Fund to effectuate the purposes of
this section upon being satisfied that the provisions of this chapter have been
complied with.
4. If the depositor of the security or his
or her rightful heirs or legatees, within 5 years after the transfer of the
deposit to the State Highway Fund, present a verified claim to the Department
and make proof of the validity of the claim, the Department, if it is satisfied
as to the validity of the claim, may determine the amount thereby found to be
due and certify it to the State Controller who shall draw a warrant therefor on
the State Treasurer, who shall pay the warrant out of the State Highway Fund.
5. If the Department denies the validity
of the claim, the claimant, upon notice to the Attorney General, has a right to
appeal to the First Judicial District Court of the State of Nevada, in and for
Carson City, and present proof of the validity of the claim. If, after hearing,
the court is satisfied the claimant is rightfully entitled to the deposit, the
court shall enter a decree that the money be paid to the claimant. The decree
must be certified to the State Board of Examiners, stating the amount thereby
found to be due, and the State Board of Examiners shall allow the amount and
certify it to the State Controller who shall draw a warrant therefor on the
State Treasurer, who shall pay the warrant out of the State Highway Fund.
6. The amounts in the custody of the State
Treasurer on March 19, 1955, falling under the provisions of this section, may
be transferred to the State Highway Fund, after the expiration of 90 days from
March 19, 1955, in accordance with the provisions of this section.
[Part 9:127:1949; A 1955, 192]—(NRS A 1961, 143;
1971, 231; 1979,
1815; 1999,
3583)
NRS 485.300 Matters not to be evidence in civil suits. Any action taken by the department pursuant to
NRS 485.190 to 485.300,
inclusive, the findings, if any, of the department upon which the action is
based and the security filed pursuant to NRS 485.190
to 485.300, inclusive, are privileged against
disclosure at the trial of any action at law to recover damages.
[10:127:1949; 1943 NCL § 4439.10]—(NRS A 1961, 144;
1971, 809; 1981,
1129; 1995,
2738; 1999,
3584)
NONPAYMENT OF JUDGMENT
NRS 485.301 Judgment creditor authorized to report nonpayment of judgment
entered as result of motor vehicle accident; Department to transmit copy of
judgment to nonresident’s state.
1. Whenever any person fails within 60
days to satisfy any judgment that was entered as a result of an accident
involving a motor vehicle, the judgment creditor or the judgment creditor’s
attorney may forward to the Department immediately after the expiration of the
60 days a certified copy of the judgment.
2. If the defendant named in any certified
copy of a judgment that was entered as a result of an accident involving a
motor vehicle and reported to the Department is a nonresident, the Department
shall transmit a certified copy of the judgment to the officer in charge of the
issuance of licenses and registration certificates of the state in which the
defendant is a resident.
(Added to NRS by 1957, 723; A 1961, 144; 1983, 266; 1999, 3584; 2007, 2050)
NRS 485.302 Suspension for nonpayment of judgment; exceptions.
1. The Department shall, upon the receipt
of a certified copy of a judgment, suspend the license, all registrations and
any nonresident’s operating privilege of any person against whom the judgment
was rendered, except as otherwise provided in this section and in NRS 485.305.
2. If the judgment creditor consents in
writing, in such a form as the Department may prescribe, that the judgment
debtor be allowed a license and registration or nonresident’s operating
privilege, it may be allowed by the Department until the consent is revoked in
writing, notwithstanding default in the payment of the judgment or of any
installments thereof prescribed in NRS 485.305, if
the judgment debtor furnishes proof of financial responsibility as provided in NRS 485.307. The debtor shall maintain proof of
financial responsibility for 3 years after the date of reinstatement of the
license pursuant to the provisions of this chapter. If the debtor fails to do
so, the Department shall suspend the license and registrations of the debtor.
(Added to NRS by 1957, 723; A 1961, 144; 1985, 1176; 1995, 2738; 1999, 3584)
NRS 485.303 Suspension to continue until judgments paid and proof given.
1. The license, all registrations and the
nonresident’s operating privilege must remain so suspended and must not be
renewed, nor may any license or registration be thereafter issued in the name
of such a person, including any such person not previously licensed, unless
every such judgment is stayed, satisfied in full or to the extent provided in
this chapter and the person gives proof of financial responsibility subject to
the exemptions stated in NRS 485.302 and 485.305.
2. The requirements of this section for
reinstatement of a license, registration or privilege are in addition to the
requirements of NRS 485.307.
(Added to NRS by 1957, 723; A 1975, 46; 1985, 1176)
NRS 485.304 Payments sufficient to satisfy requirements. Judgments must for the purpose of this chapter
only, be deemed satisfied:
1. When $15,000 has been credited upon any
judgment or judgments rendered in excess of that amount because of bodily
injury to or death of one person as the result of any one accident;
2. When, subject to the limit of $15,000
because of bodily injury to or death of one person, the sum of $30,000 has been
credited upon any judgment or judgments rendered in excess of that amount
because of bodily injury to or death of two or more persons as the result of
any one accident; or
3. When $10,000 has been credited upon any
judgment or judgments rendered in excess of that amount because of injury to or
destruction of property of others as a result of any one accident,
Ê but payments
made in settlement of any claims because of bodily injury, death or property
damage arising from a motor vehicle accident must be credited in reduction of
the amounts provided for in this section.
(Added to NRS by 1957, 724; A 1963, 221; 1969, 177; 1981, 628)
NRS 485.305 Payment of judgment in installments; default.
1. A judgment debtor upon notice to the
judgment creditor may apply to the court in which the judgment was rendered for
the privilege of paying the judgment in installments and the court, without
prejudice to any other legal remedies which the judgment creditor may have, may
so order and fix the amounts and times of payment of the installments.
2. The Department shall not suspend a
license, registration or a nonresident’s operating privilege, and shall restore
any license, registrations or nonresident’s operating privilege suspended
following nonpayment of a judgment, if the judgment debtor gives proof of
financial responsibility and obtains such an order permitting the payment of
the judgment in installments, and while the payment of any such installment is
not in default. The requirements of this section for reinstatement of a
license, registration or privilege are in addition to the requirements of NRS 485.307.
3. If the judgment debtor fails to pay any
installment as specified by such an order, upon notice of the default, the
Department shall forthwith suspend the license, registrations or nonresident’s
operating privilege of the judgment debtor until the judgment is satisfied, as
provided in this chapter.
(Added to NRS by 1957, 724; A 1961, 145; 1985, 1177; 1999, 3585)
PROOF OF FINANCIAL RESPONSIBILITY
NRS 485.307 Alternate methods of giving proof; proof required before
registration is restored.
1. Proof of financial responsibility, when
required pursuant to this title, may be given by filing:
(a) A certificate of financial responsibility as
provided in NRS 485.308 or 485.309;
or
(b) A certificate of self-insurance, as provided
in NRS 485.380, supplemented by an agreement by the
self-insurer that, with respect to accidents occurring while the certificate is
in force, the self-insurer will pay the same judgments and in the same amounts that
an insurer would have been obligated to pay under an owner’s policy of
liability insurance if it had issued such a policy to the self-insurer.
2. Whenever the Department restores a
license, permit or privilege of driving a vehicle in this State which has been
revoked, no motor vehicle may be or continue to be registered in the name of
the person whose license, permit or privilege was revoked unless proof of
financial responsibility is furnished by that person.
(Added to NRS by 1957, 725; A 1985, 1177; 1987, 1093; 1993, 2486; 1995, 2738)
NRS 485.3075 Proof required before reinstatement of license or registrations
suspended for failure to maintain proof; duration; penalty. A person whose license or registrations are
suspended for failure to maintain proof of financial responsibility as required
pursuant to this title must provide proof of financial responsibility pursuant
to NRS 485.307 before the person’s license or
registrations will be reinstated. The person must maintain proof of financial
responsibility for 3 years after the date of the reinstatement of his or her
license pursuant to the provisions of this chapter. If the person fails to do
so, the Department shall suspend his or her license and registrations.
(Added to NRS by 1995, 2734; A 1999, 3585)
NRS 485.308 Certificate of insurance as proof; filing of certificate by
electronic or other means; insurance carrier to notify Department before
cancelling or terminating policy.
1. Proof of financial responsibility may
be furnished by filing with the Department the written certificate of any
insurance carrier authorized to do business in this State certifying that there
is in effect a motor vehicle liability policy for the benefit of the person
required to furnish proof of financial responsibility. The certificate must
specify its effective date and:
(a) If the policy is an owner’s policy of
liability insurance, designate by appropriate reference all motor vehicles
covered by it; or
(b) If the policy is an operator’s policy of
liability insurance, designate the person covered.
2. The Department may authorize the filing
of the certificates described in subsection 1 by electronic transmission or any
other means deemed appropriate by the Department.
3. An insurance carrier that certifies the
existence of a motor vehicle liability policy pursuant to subsection 1, must
notify the Department at least 10 days before the cancellation or termination
of the policy.
(Added to NRS by 1957, 725; A 1961, 146; 1973, 837; 1979, 1515; 1985, 1178; 1987, 1093; 1993, 2487; 1995, 2739; 1999, 3585)
NRS 485.309 Certificate furnished by nonresident as proof.
1. The nonresident owner of a motor
vehicle not registered in this State or a nonresident operator of a motor
vehicle may give proof of financial responsibility by filing with the
Department a written certificate of an insurance carrier authorized to transact
business:
(a) If the insurance provides coverage for the
vehicle, in the state in which the motor vehicle described in the certificate
is registered; or
(b) If the insurance provides coverage for the
operator only, in the state in which the insured resides,
Ê if the
certificate otherwise conforms to the provisions of this chapter.
2. The Department shall accept the proof
upon condition that the insurance carrier complies with the following
provisions with respect to the policies so certified:
(a) The insurance carrier shall execute a power
of attorney authorizing the Director to accept service on its behalf of notice
or process in any action arising out of an accident involving a motor vehicle
in this State; and
(b) The insurance carrier shall agree in writing
that the policies shall be deemed to conform with the laws of this State
relating to the terms of liability policies for owners of motor vehicles.
3. If any insurance carrier not authorized
to transact business in this State, which has qualified to furnish proof of
financial responsibility, defaults in any undertakings or agreements, the
Department shall not thereafter accept as proof any certificate of that carrier
whether theretofore filed or thereafter tendered as proof, as long as the
default continues.
(Added to NRS by 1957, 725; A 1961, 146; 1985, 1958; 1987, 1094; 1999, 3586)
NRS 485.3091 Motor vehicle liability policy: Requirements.
1. An owner’s policy of liability
insurance must:
(a) Designate by explicit description or by
appropriate reference all motor vehicles with respect to which coverage is
thereby to be granted; and
(b) Insure the person named therein and any other
person, as insured, using any such motor vehicle with the express or implied
permission of the named insured, against loss from the liability imposed by law
for damages arising out of the ownership, maintenance or use of such motor
vehicle within the United States of America or the Dominion of Canada, subject
to limits exclusive of interest and costs, with respect to each such motor
vehicle, as follows:
(1) Because of bodily injury to or death
of one person in any one accident, $15,000;
(2) Subject to the limit for one person,
because of bodily injury to or death of two or more persons in any one
accident, $30,000; and
(3) Because of injury to or destruction of
property of others in any one accident, $10,000.
2. An operator’s policy of liability
insurance must insure the person named as insured therein against loss from the
liability imposed upon the person by law for damages arising out of the
person’s use of any motor vehicle within the same territorial limits and
subject to the same limits of liability as are set forth in paragraph (b) of
subsection 1.
3. A motor vehicle liability policy must
state the name and address of the named insured, the coverage afforded by the
policy, the premium charged therefor, the period of effectiveness and the
limits of liability, and must contain an agreement or be endorsed that
insurance is provided thereunder in accordance with the coverage defined in
this chapter as respects bodily injury and death or property damage, or both,
and is subject to all the provisions of this chapter.
4. A motor vehicle liability policy need
not insure any liability under any workers’ compensation law nor any liability
on account of bodily injury to or death of an employee of the insured while engaged
in the employment, other than domestic, of the insured, or while engaged in the
operation, maintenance or repair of any motor vehicle owned by the insured nor
any liability for damage to property owned by, rented to, in charge of or
transported by the insured.
5. Every motor vehicle liability policy is
subject to the following provisions which need not be contained therein:
(a) The liability of the insurance carrier with
respect to the insurance required by this chapter becomes absolute whenever injury
or damage covered by the policy occurs. The policy may not be cancelled or
annulled as to such liability by any agreement between the insurance carrier
and the insured after the occurrence of the injury or damage. No statement made
by the insured or on behalf of the insured and no violation of the policy
defeats or voids the policy.
(b) The satisfaction by the insured of a judgment
for injury or damage is not a condition precedent to the right or duty of the
insurance carrier to make payment on account of the injury or damage.
(c) The insurance carrier may settle any claim
covered by the policy, and if such a settlement is made in good faith, the
amount thereof is deductible from the limits of liability specified in
paragraph (b) of subsection 1.
(d) The policy, the written application therefor,
if any, and any rider or endorsement which does not conflict with the
provisions of this chapter constitute the entire contract between the parties.
6. Any policy which grants the coverage
required for a motor vehicle liability policy may also grant any lawful
coverage in excess of or in addition to the coverage specified for a motor
vehicle liability policy, and the excess or additional coverage is not subject
to the provisions of this chapter.
7. Any motor vehicle liability policy may
provide for the prorating of the insurance thereunder with other valid and
collectible insurance.
8. The requirements for a motor vehicle
liability policy may be fulfilled by the policies of one or more insurance
carriers, which policies together meet those requirements.
9. Any binder issued pending the issuance
of a motor vehicle liability policy shall be deemed to fulfill the requirements
for such a policy.
(Added to NRS by 1957, 726; A 1963, 222; 1967, 1203;
1969, 178; 1973, 837; 1979, 1516; 1981, 628; 1987, 1094)
NRS 485.3092 Cancellation or termination of policy: Notice required;
suspension required if effective date within 3 years after reinstatement. When an insurance carrier has issued a motor
vehicle liability policy, the insurance so issued must not be cancelled or
terminated until at least 10 days after a notice of cancellation or termination
of the insurance has been mailed first class or delivered to the insured and,
if the insurance carrier has certified the policy under NRS
485.308 or 485.309, a notice has also been
filed in the office of the Department. A policy subsequently procured and
certified, on the effective date of its certification, terminates the insurance
previously certified with respect to any motor vehicle designated or the person
named as the insured operator in both certificates. If the effective date of
the termination is within 3 years after the date of reinstatement of a license,
registration or privilege, the Department shall suspend the license and
registration or privilege.
(Added to NRS by 1957, 727; A 1961, 146; 1967, 1204; 1985, 1061, 1178; 1987, 1096; 1999, 3586)
NRS 485.3093 Chapter not to affect other policies.
1. This chapter shall not be held to apply
to or affect policies of automobile insurance against liability which may now
or hereafter be required by any other law of this State, and such policies, if
they contain an agreement or are endorsed to conform to the requirements of
this chapter, may be certified as proof of financial responsibility under this
chapter.
2. This chapter shall not be held to apply
to or affect policies insuring solely the insured named in the policy against
liability resulting from the maintenance or use by persons in the insured’s
employ or on his or her behalf of motor vehicles not owned by the insured.
(Added to NRS by 1957, 728)
NRS 485.3098 Other proof may be required. Whenever
any proof of financial responsibility filed under the provisions of this
chapter no longer fulfills the purposes for which required, the Department
shall, for the purpose of this chapter, require other proof as required by this
chapter and shall suspend the license and registration or the nonresident’s
operating privilege pending the filing of such other proof.
(Added to NRS by 1957, 729; A 1961, 148; 1999, 3586)
NRS 485.3099 Department, under certain circumstances, to consent to
cancellation of certificate or waive requirement of proof; re-establishment of
proof.
1. The Department shall, upon request,
consent to the immediate cancellation of any certificate of financial responsibility
or waive the requirement of filing proof of financial responsibility, in the
following events:
(a) The death of the person on whose behalf the
proof of financial responsibility was filed or the permanent incapacity of the
person to operate a motor vehicle; or
(b) If the person who is required to file proof
of financial responsibility surrenders his or her license and registration to
the Department.
2. If a person who surrenders his or her
license and registration pursuant to paragraph (b) of subsection 1 applies for
a license or registration within a period of 3 years after the date proof of
financial responsibility was originally required, the application must be
refused unless the applicant re-establishes proof of financial responsibility
for the remainder of the 3-year period.
(Added to NRS by 1957, 729; A 1961, 148; 1995, 2739; 1999, 3587; 2007, 2050)
VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY
NRS 485.313 Department to create system for verifying that owners of motor
vehicles maintain insurance; regulations.
1. The Department:
(a) Shall, in cooperation with insurers, create a
system for verifying through the secure transmission and receipt of information
that the owners of motor vehicles maintain the insurance required by NRS 485.185; and
(b) May enter into a contract with any person to
provide services relating to the system.
2. The Director shall adopt regulations to
carry out the provisions of this section.
3. For vehicles which are part of a fleet
of more than one vehicle, all of which are covered by a commercial liability
policy, the maintenance of the insurance required by NRS
485.185 shall be deemed to have been satisfied by the submission by the
insurer to the Department of the policy number and the name of the registered
owner of the vehicles.
4. As used in this section, “motor
vehicle”:
(a) Does not include:
(1) Except as otherwise provided in
subsection 1 of NRS 482.398, a golf
cart as that term is defined in NRS 482.044.
(2) A vehicle that is registered as part
of a fleet of vehicles pursuant to subsection 5 of NRS 482.215.
(b) Includes, without limitation, a motortruck,
truck-tractor, bus or other vehicle that is registered pursuant to paragraph
(c) of subsection 1 of NRS 482.482 or NRS 706.801 to 706.861, inclusive.
(Added to NRS by 1993, 2483; A 1995, 2740; 1997, 1083; 2009, 402, 2206; 2013, 1890)
NRS 485.314 Insurer to maintain record of each contract of insurance and
provide Department access to any such record; Department to notify Commissioner
of Insurance of noncompliance or receipt of false, incomplete or misleading
information.
1. Each insurer that has executed a
contract of insurance for a motor vehicle liability policy which may be used to
meet the requirements of NRS 485.185 shall maintain
a record of each such policy in a format approved by the Department and provide
the Department with access to the record.
2. The Department shall notify the
Commissioner of Insurance if an insurer:
(a) Fails to comply with subsection 1; or
(b) In complying with subsection 1, provides to
the Department information that is false, incomplete or misleading.
(Added to NRS by 1993, 2483; A 1995, 2740; 1997, 1083; 2009, 2206)
NRS 485.316 Confidentiality of information in system; exceptions; penalty.
1. Except as otherwise provided in
subsection 2 and NRS 239.0115,
information which is maintained in the system created pursuant to NRS 485.313 is confidential.
2. The Department may only disclose
information which is maintained in the system to:
(a) A state or local governmental agency for the
purpose of enforcing NRS 485.185, including
investigating or litigating a violation or alleged violation;
(b) An authorized insurer;
(c) A person:
(1) With whom the Department has
contracted to provide services relating to the system created pursuant to NRS 485.313; and
(2) To whom the information is disclosed
only pursuant to a nondisclosure or confidentiality agreement which relates to
the information;
(d) A person who requests information regarding
his or her own status;
(e) The parent or legal guardian of the person
about whom the information is requested if the person is an unemancipated minor
or legally incapacitated;
(f) A person who has a power of attorney from the
person about whom the information is requested;
(g) A person who submits a notarized release from
the person about whom the information is requested which is dated no more than
90 days before the date of the request; or
(h) A person who has suffered a loss or injury in
an accident involving a motor vehicle, or the person’s authorized insurer or a
representative of the authorized insurer, who requests:
(1) Information for use in the accident
report; and
(2) For each motor vehicle involved in the
accident:
(I) The name and address of each
registered owner;
(II) The name of the insurer; and
(III) The number of the policy of
liability insurance.
3. A person who knowingly violates the
provisions of this section is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
4. As used in this section, “authorized
insurer” has the meaning ascribed to it in NRS
679A.030.
(Added to NRS by 1993, 2484; A 1995, 1301, 2740; 2001
Special Session, 253; 2007, 2118; 2009, 2207)
NRS 485.317 Department to verify insurance for each motor vehicle registered
in this State; owner to respond to inquiry when Department unable to verify
insurance; suspension of registration when insurance cannot be verified;
reinstatement of registration.
1. The Department shall verify that each
motor vehicle which is registered in this State is covered by a policy of
liability insurance as required by NRS 485.185.
2. Except as otherwise provided in this
subsection, the Department may use any information to verify whether a motor
vehicle is covered by a policy of liability insurance as required by NRS 485.185. The Department may not use the name of
the owner of a motor vehicle as the primary means of verifying that a motor
vehicle is covered by a policy of liability insurance.
3. If the Department is unable to verify
that a motor vehicle is covered by a policy of liability insurance as required
by NRS 485.185, the Department shall send a request
for information by first-class mail to the registered owner of the motor
vehicle. The owner shall submit all the information which is requested to the
Department within 15 days after the date on which the request for information
was mailed by the Department. If the Department does not receive the requested
information within 15 days after it mailed the request to the owner, the
Department shall send to the owner a notice of suspension of registration by
certified mail. The notice must inform the owner that unless the Department is
able to verify that the motor vehicle is covered by a policy of liability
insurance as required by NRS 485.185 within 10 days
after the date on which the notice was sent by the Department, the owner’s
registration will be suspended pursuant to subsection 4.
4. The Department shall suspend the
registration and require the return to the Department of the license plates of
any vehicle for which the Department cannot verify the coverage of liability
insurance required by NRS 485.185.
5. Except as otherwise provided in subsection
6, the Department shall reinstate the registration of the vehicle and reissue
the license plates only upon verification of current insurance and compliance
with the requirements for reinstatement of registration prescribed in paragraph
(a) of subsection 6 of NRS 482.480.
6. If the Department suspends the
registration of a motor vehicle pursuant to subsection 4 because the registered
owner of the motor vehicle failed to have insurance on the date specified in
the form for verification, and if the registered owner, in accordance with
regulations adopted by the Department, proves to the satisfaction of the
Department that the owner was unable to comply with the provisions of NRS 485.185 on that date because of extenuating
circumstances or that the motor vehicle was a dormant vehicle and the owner
failed to cancel the registration in accordance with subsection 3 of NRS 485.320, the Department may:
(a) Reinstate the registration of the motor
vehicle and reissue the license plates upon payment by the registered owner of
a fee of $50, which must be deposited in the Account for Verification of
Insurance created by subsection 6 of NRS
482.480; or
(b) Remove the suspension of the registration
without the payment of a fee or administrative fine.
Ê The
Department shall adopt regulations to carry out the provisions of this
subsection.
(Added to NRS by 1981, 1691; A 1983, 1133; 1985, 730; 1987, 320, 686, 1097, 1499; 1989, 1262; 1993, 272, 1393, 2487; 1995, 2741; 1997, 1084, 2648; 2001, 669; 2001
Special Session, 254; 2005, 2316; 2009, 2207;
2011, 1591;
2013, 1842)
NRS 485.318 Immunity from liability for actions in good faith and without
gross negligence. An insurer, its
agents, the Department and its employees who act pursuant to NRS 485.313 to 485.318,
inclusive, in good faith and without gross negligence are immune from civil
liability for those acts.
(Added to NRS by 1993, 2484; A 1995, 2742)
VIOLATIONS AND PENALTIES
NRS 485.320 Surrender of license, registration and license plates; owner of
dormant vehicle required to cancel registration if policy covering vehicle is
cancelled or expires; regulations.
1. If the license of any person is
suspended as provided in this chapter, the person shall immediately return the
license to the Department. If the person’s registration is suspended, the
person shall immediately return the certificate of registration and the license
plates to the Department.
2. If any person fails to return any item
as required by subsection 1, the Department shall forthwith direct any peace
officer to secure possession thereof and to return the item to the Department.
3. A person who owns a dormant vehicle who
desires to cancel the policy of liability insurance covering that vehicle or to
allow such a policy to expire:
(a) Shall, on or before the date on which the
policy is cancelled or expires, cancel the registration of the vehicle to which
that policy pertains.
(b) May, if the person presents the license
plates for that vehicle to the authorized personnel of the Department for the
removal and destruction of the sticker or other device evidencing the current
registration of the vehicle, retain for potential reinstatement the license
plates for a period not to exceed 1 year.
4. The Department shall adopt regulations
which define “extended period,” “mechanical circumstances” and “seasonal
circumstances” for the purposes of NRS 485.0335.
[12:127:1949; 1943 NCL § 4439.12]—(NRS A 1961, 149; 1987, 319; 1997, 1086; 1999, 3587)
NRS 485.326 Suspension of license for failure to maintain insurance.
1. The Department shall suspend the
license of any person convicted of violating the provisions of paragraph (a) of
subsection 1 of NRS 485.187.
2. Any license suspended pursuant to
subsection 1 must remain suspended until the person shows proof of financial
responsibility as set forth in NRS 485.307. The
person shall maintain proof of financial responsibility for 3 years after the
reinstatement of his or her license pursuant to the provisions of this chapter,
and if the person fails to do so, the Department shall suspend any license
previously suspended pursuant to subsection 1.
(Added to NRS by 1981, 1861; A 1985, 1178, 1959; 1987, 1096, 1442; 1993, 2487; 1995, 700, 2742; 1999, 3588)
NRS 485.330 Operating motor vehicle when license or registration suspended. Any person whose license or registration or
nonresident’s operating privilege has been suspended pursuant to this chapter
and who, during the suspension, drives any motor vehicle upon any highway or
knowingly permits any motor vehicle owned by the person to be operated by
another person upon any highway, except as permitted pursuant to this chapter,
is guilty of a misdemeanor.
[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967,
596; 1995, 2742)
NRS 485.340 Failure to return license, registration or license plate. Any person willfully failing to return a
license, certificate of registration or license plate as required in NRS 485.320 is guilty of a misdemeanor.
[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967,
596; 1987, 320)
NRS 485.350 False or forged policy of insurance, certificate of
self-insurance, proof of financial responsibility, evidence of insurance or
other document; misrepresentation of documents. Any
person who:
1. Forges, materially alters or, without
authority, signs any policy of insurance, certificate of self-insurance, proof
of financial responsibility, evidence of insurance or other document required
pursuant to this chapter;
2. Files or offers for filing any policy
of insurance, certificate of self-insurance, proof of financial responsibility,
evidence of insurance or other document knowing or having reason to believe
that it is forged, altered or signed without authority; or
3. Misrepresents the validity of any
policy of insurance, certificate of self-insurance, proof of financial
responsibility, evidence of insurance or other document required pursuant to
this chapter,
Ê is guilty of
a misdemeanor.
[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967,
596; 1987, 313;
1995, 2742)
NRS 485.360 Penalty for other violations. Any
person who shall violate any provision of this chapter for which no penalty is
otherwise provided shall be guilty of a misdemeanor.
[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967,
596)
MISCELLANEOUS PROVISIONS
NRS 485.370 Applicability. This
chapter shall not apply with respect to any motor vehicle owned by the United
States, this State, or any political subdivision of this State, or any
municipality therein.
[14:127:1949; 1943 NCL § 4439.14]
NRS 485.380 Self-insurers.
1. Any person in whose name more than 10
motor vehicles are registered in the State of Nevada may qualify as a
self-insurer by obtaining a certificate of self-insurance issued by the
Department as provided in subsection 2.
2. The Department may, upon the
application of such a person, issue a certificate of self-insurance when:
(a) It is satisfied that the person possesses and
will continue to possess the ability to pay judgments obtained against him or
her; and
(b) The person provides security to satisfy
judgments against him or her in an amount prescribed by regulation of the
Department.
3. The certificate of self-insurance must
include:
(a) The name and address of the self-insurer;
(b) The expiration date of the self-insurance;
and
(c) The statements:
(1) “Self-insured”; and
(2) “This certificate of self-insurance or
a photocopy thereof must be carried in the motor vehicle which is self-insured
for production on demand.”
4. Upon not less than 5 days’ notice and a
hearing pursuant to the notice, the Department may, upon reasonable grounds,
cancel a certificate of self-insurance. Failure to pay any judgment within 30
days after it becomes final constitutes a reasonable ground for the
cancellation of a certificate of self-insurance.
5. The Department shall adopt regulations
which set forth the amount of security which must be provided by a self-insurer
pursuant to subsection 2.
[15:127:1949; 1943 NCL § 4439.15]—(NRS A 1961, 149;
1965, 263; 1973, 839; 1977, 657; 1979, 1517; 1993, 2487; 1995, 2743; 1999, 3588)
NRS 485.385 Department to take appropriate action after receipt of correct
information. Whenever the
Department has taken any action or has failed to take any action under this
chapter by reason of having received erroneous information or by reason of
having received no information, upon receiving correct information within 2
years after the date of the accident the Department shall take appropriate
action to carry out the purposes of this chapter. The foregoing does not
require the Department to reevaluate the amount of any deposit required under
this chapter.
(Added to NRS by 1957, 730; A 1961, 149; 1981, 1865; 1999, 3588)
NRS 485.387 Suspension of registration does not prevent owner from effecting
bona fide sale; rights of vendor, mortgagee or lessor.
1. This chapter shall not prevent the
owner of a motor vehicle, the registration of which has been suspended under
this chapter, from effecting a bona fide sale of such motor vehicle to another
person whose rights or privileges are not suspended under this chapter, nor
prevent the registration of such motor vehicle by such transferee.
2. This chapter shall not in anywise
affect the rights of any conditional vendor, chattel mortgagee or lessor of a
motor vehicle registered in the name of another as owner who becomes subject to
the provisions of this chapter.
[11:127:1949; 1943 NCL § 4439.11]
NRS 485.390 Chapter supplemental to laws regarding motor vehicles. This chapter shall in no respect be considered
as a repeal of the state motor vehicle laws, but shall be construed as
supplemental thereto.
[16:127:1949; 1943 NCL § 4439.16]
NRS 485.400 Chapter not retroactive. This
chapter shall not apply with respect to any accident, or judgment arising
therefrom, or violation of the motor vehicle laws of this State occurring prior
to September 1, 1949.
[17:127:1949; 1943 NCL § 4439.17]
NRS 485.410 Chapter not to prevent other process. Nothing
in this chapter shall be construed as preventing the plaintiff in any action at
law from relying for relief upon the other processes provided by law.
[18:127:1949; 1943 NCL § 4439.18]
NRS 485.420 Uniformity of interpretation. This
chapter shall be so interpreted and construed as to effectuate its general
purpose to make uniform the laws of those states which enact it.
[19:127:1949; 1943 NCL § 4439.19]
