[Rev. 2/11/2015 11:23:49
AM--2014R2]
CHAPTER 487 - REPAIR, REMOVAL AND DISPOSAL
OF VEHICLES
GENERAL PROVISIONS
NRS 487.001 Applicability
of chapter to mobile homes.
NRS 487.002 Advisory
Board on Automotive Affairs: Creation; members; terms; officers; meetings;
expenses; duties.
NRS 487.003 Licenses
issued pursuant to chapter: Submission of statement by applicant regarding
payment of child support; 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 487.005 Suspension
of license issued pursuant to chapter 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 487.007 “State
agency” defined.
REPORTING OF CERTAIN VEHICLES
NRS 487.010 Report
of vehicles stored or parked to sheriff, police or state agency; duties of
operator of tow car.
NRS 487.020 Report
of vehicle showing damage by gunfire.
NRS 487.030 Penalty
for violation of NRS 487.010 or 487.020.
TOWING AND REMOVAL OF CERTAIN VEHICLES
NRS 487.037 Unlawful
towing and removal of vehicle from facility for parking; reports to sheriff or
police.
NRS 487.038 Authority
of owner or person in lawful possession of real property to have towed
therefrom vehicle parked in unauthorized manner: Oral notice to local law
enforcement agency required; exceptions to authority; residential real
property; costs to be borne by owner of vehicle; other rights and remedies.
NRS 487.039 Vehicle
towed from facility for parking or at direction of owner or person in lawful
possession of real property: Owner of vehicle authorized to file civil action
to determine whether towing lawful; limitation; scheduling of hearing; order of
court; operator of facility for storage of towed vehicles to display sign.
AUTOMOBILE WRECKERS
Generally; Unlawful Acts; Bonding
NRS 487.047 “Automobile
wrecker” and “wrecker” defined.
NRS 487.050 Unlawful
to dismantle, scrap, process or wreck vehicle without license; application for
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 487.050 Unlawful
to dismantle, scrap, process or wreck vehicle without license; application for
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 487.060 Bond:
Requirement; amount; application for compensation; deposits in lieu of bond.
Licensing
NRS 487.070 Issuance
and contents of license and card; fee; posting of license; expiration and
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 487.070 Issuance
and contents of license and card; fee; posting of license; expiration and
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 487.073 Applicant
to furnish information concerning place of business.
NRS 487.080 Fee
for issuance or renewal of license; disposition.
Miscellaneous Provisions
NRS 487.085 Wrecker
to affix legible sign containing name of business.
NRS 487.090 Operation
of vehicles on highway without registration; conditions.
NRS 487.095 Fees
for towing abandoned automobile or vehicle; limitations and exceptions.
NRS 487.100 Wrecker
to transmit certificates of title, registration and ownership of certain
vehicles to state agency; exceptions.
NRS 487.105 Streamlined
procedure for wrecker to process vehicle as parts or scrap metal: Bond
required; report to be transmitted to Department; wrecker assumes liability;
Department to issue nonrepairable vehicle certificate.
NRS 487.115 Entire
salvage vehicles: Wrecker to deliver properly endorsed salvage title upon sale;
criteria used to determine whether salvage vehicle is entire salvage vehicle or
only part thereof.
Violations; Unfitness; Inspection of Records; Penalties
NRS 487.160 Denial,
suspension or revocation of licenses or refusal to renew: Grounds; hearings;
reapplication; disclosure of financial records.
NRS 487.165 Evidence
of unfitness of applicant, registrant or licensee.
NRS 487.170 Automobile
wreckers to maintain records of certain vehicles; inspection of records by
peace officer or investigator of state agency; required contents of records.
NRS 487.180 Presumption
of dismantling.
NRS 487.190 Inapplicability
of certain provisions to work or service vehicles owned by wrecker under
certain circumstances.
NRS 487.200 Penalty.
ABANDONED VEHICLES
NRS 487.205 Legislative
findings and declaration.
NRS 487.210 Definitions.
NRS 487.220 Person
responsible for cost of removal and disposition of abandoned vehicle;
presumption vehicle abandoned by registered owner; rebuttal of presumption.
NRS 487.230 Certain
peace officers, law enforcement officers, investigators and other personnel
authorized to remove or cause removal of vehicle abandoned on public property
other than public lands; removal of vehicles abandoned on private property;
duties of person authorizing removal.
NRS 487.235 Removal
of vehicles abandoned on public lands.
NRS 487.240 Appraisal
of removed abandoned vehicle.
NRS 487.250 Required
notices.
NRS 487.260 Disposition
of vehicles appraised at value exceeding $500; disposition of junk vehicles;
junk certificates; duties of automobile wreckers; maintenance of certain
records.
NRS 487.270 Lien
on abandoned vehicle; costs and fees included in lien; satisfaction of lien;
transmission of fee to constable under certain circumstances.
NRS 487.281 Unlawful
abandonment of vehicle.
NRS 487.290 Unlawful
possession of unregistered vehicles unfit for use; exceptions.
NRS 487.300 Penalty.
SALVAGE POOLS
NRS 487.400 Definitions.
NRS 487.410 Unlawful
to operate salvage pool without license; application for 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 487.410 Unlawful
to operate salvage pool without license; application for 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 487.420 Bond:
Requirement; amount; application for compensation; deposits in lieu of bond.
NRS 487.430 License
to operate salvage pool: Application; issuance; contents; posting; expiration;
renewal. [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 487.430 License
to operate salvage pool: Application; issuance; contents; posting; expiration;
renewal. [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 487.440 Applicant
to furnish information concerning place of business.
NRS 487.450 Fee
for issuance or renewal of license to operate salvage pool; disposition.
NRS 487.455 Operator
of salvage pool to affix legible sign containing name of business.
NRS 487.460 Operation
of vehicles on highway without registration; conditions.
NRS 487.470 Restrictions
on purchase and sale of salvage vehicles; registration with operator of salvage
pool with whom bid is made for purchase of vehicles required by certain
persons; limitations on person issued identifying card described in NRS 487.477.
NRS 487.475 Card
authorizing dealer of new or used motor vehicles or rebuilder to bid for
purchase of vehicle: Contents; quantity; issuance to salesperson under certain
circumstances; fee; expiration; disposition of fees.
NRS 487.477 Identifying
card authorizing certain persons to purchase vehicle other than nonrepairable
vehicle from operator of salvage pool: Contents; fee; expiration; disposition
of fees.
NRS 487.478 Persons
prohibited from applying for identifying card described in NRS 487.477.
NRS 487.480 Sale
of vehicle as salvage; operator of pool to provide salvage title to purchaser.
NRS 487.490 Denial,
suspension or revocation of license to operate salvage pool or refusal to
renew: Grounds; hearings; reapplication; disclosure of financial records.
NRS 487.492 License
to issue identifying cards: Issuance to person licensed to operate salvage
pool; investigation of qualifications of applicant.
NRS 487.493 License
to issue identifying cards: Qualifications of applicant.
NRS 487.494 License
to issue identifying cards: Bond; deposit in lieu of bond.
NRS 487.495 License
to issue identifying cards: Application; fee; issuance; expiration; renewal.
NRS 487.496 Course
of training required for certain employees of person licensed to issue
identifying cards.
NRS 487.497 Records
of person licensed to issue identifying cards: Maintenance; contents;
inspection; audit; location.
NRS 487.500 Records
required; inspection.
NRS 487.505 Regulations.
NRS 487.510 Penalty.
STANDARDS: REPAIRS; REBUILDING; SAFETY EQUIPMENT
NRS 487.520 Repair
and rebuilding of vehicle to comply with industry standards; repair or
replacement of airbags and other safety equipment; retention of written
records.
GARAGES, GARAGE OPERATORS AND BODY SHOPS
General Provisions
NRS 487.530 Definitions.
NRS 487.532 “Body
shop” defined.
NRS 487.540 “Garage”
defined.
NRS 487.545 “Garage
operator” defined.
NRS 487.550 “Motor
vehicle” defined.
NRS 487.553 “Person
authorizing repairs” defined.
NRS 487.555 Applicability.
NRS 487.557 Submission
of annual report by Director to Legislature concerning garages, garage
operators and body shops.
Garages and Garage Operators
NRS 487.560 Registration
for authorization to operate garage: Application; fee; waiver of fee; deposit
of collected fees; applicant to notify Department of material change in
information.
NRS 487.563 Registration
for authorization to operate garage: Filing of bond or deposit of money or
securities in lieu of bond; disbursal or release of deposit under certain
circumstances; revocation of or refusal to renew certificate for failure to
perform certain acts; reinstatement.
NRS 487.564 Registration
for authorization to operate garage: Refusal to issue, suspension or revocation
of, or refusal to renew; grounds; certain persons prohibited from employment by
or affiliation with garage subject to registration.
NRS 487.565 Certificate
of registration to operate garage: Issuance; contents; validity; renewal.
NRS 487.5653 Certificate
of registration to operate garage: Temporary suspension of or refusal to renew;
notice and hearing.
NRS 487.5657 Hearings:
Issuance of subpoenas.
NRS 487.567 Garage
operator prohibited from enforcing lien or suing on contract for cost of
repairs if garage operator fails to obtain or renew certificate of registration
to operate garage or fails to maintain required bond.
Body Shops
NRS 487.600 Definitions.
NRS 487.604 “Class
A certificate” defined.
NRS 487.606 “Class
A certification” defined.
NRS 487.608 “Garagekeepers’
insurance” defined.
NRS 487.610 Unlawful
to operate body shop without license; investigation of applicant.
NRS 487.615 Licensed
operator of body shop may operate or move unregistered vehicle on highways
under certain conditions.
NRS 487.620 Operator
of body shop to maintain established place of business and affix legible sign
containing name of business.
NRS 487.630 License:
Application; fee; issuance; contents; posting; inclusion of license number in
certain documents; expiration; renewal. [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 487.630 License:
Application; fee; issuance; contents; posting; inclusion of license number in
certain documents; expiration; renewal. [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 487.640 Bond:
Requirement; amount; application for compensation; deposits in lieu of bond.
NRS 487.650 Denial,
suspension or revocation of license or refusal to renew: Grounds; disclosure of
financial records.
NRS 487.652 Class
A certification: Eligibility.
NRS 487.654 Class
A certification: Regulations.
NRS 487.656 Class
A certification: Application; inspection; fee; issuance and renewal; contents
of certificate; expiration.
NRS 487.660 Temporary
suspension of or refusal to renew license or Class A certificate; notice;
hearing; regulations; automatic revocation of Class A certificate under certain
circumstances.
NRS 487.670 Subpoenas.
NRS 487.680 Licensee
to inform Department of changes concerning operation of body shop; books and
records.
NRS 487.685 On-line
survey: Completion by body shop; form; contents; availability to public.
NRS 487.686 On-line
survey: Compilation of results; contents of report; availability to public.
NRS 487.687 Verification
of licensure by way of Internet.
Storage of Vehicles
NRS 487.68701 Imposition
of reasonable charge authorized; exceptions; hearing regarding relief from
limitation on charge.
NRS 487.68703 Duties
of body shop if motor vehicle towed at request of someone other than owner.
Automotive Repairs
NRS 487.6871 Display
of sign by garage operator and body shop required; penalty.
NRS 487.6873 Duties
of body shop or garage operator on acceptance of vehicle for repair.
NRS 487.6874 Duty
of body shop or garage operator to inform certain persons of types of payment
accepted.
NRS 487.6875 Estimate
of costs required for certain repairs.
NRS 487.6877 Notice
of additional charges over estimate required in certain cases.
NRS 487.6879 Waiver
of estimate of costs or notice of additional charges; execution of waiver.
NRS 487.688 Body
shop or garage to repair vehicle in accordance with manufacturer’s
specifications and written estimate or statement of cost of repairs.
NRS 487.6881 Duties
of owner and insurer upon notification of additional charges.
NRS 487.6883 Replaced
parts to be delivered to person authorizing repairs if requested; exception.
NRS 487.6885 Records
to be retained by body shop or garage operator.
NRS 487.6887 Garage
operator to comply with NRS 487.6875 to 487.6893, inclusive; enforcement of liens and
contracts.
NRS 487.6889 Certain
acts deemed to be deceptive trade practice.
NRS 487.689 Director
authorized to request undercover investigation of alleged deceptive trade
practice; Bureau of Consumer Protection authorized to conduct such
investigation.
NRS 487.6891 Administrative
fine for engaging in deceptive trade practice; deposit and use of money
collected as administrative fine.
NRS 487.6893 Statement
of charges required for repair and storage of vehicle; violation constitutes
misdemeanor; statement required for enforcement of lien.
NRS 487.6895 Violations:
Injunctive relief.
NRS 487.6897 Violations:
Civil penalty.
Unlawful Acts; Penalty
NRS 487.690 Penalty.
REPAIRS; REBUILT VEHICLES; SALVAGE VEHICLES; TOTAL LOSS
VEHICLES; NONREPAIRABLE VEHICLES
NRS 487.710 Definitions.
NRS 487.720 “Cost
of repair” defined.
NRS 487.725 “Electronic
components” defined.
NRS 487.730 “Fair
market value” defined.
NRS 487.740 “Flood-damaged
vehicle” defined.
NRS 487.750 “Motor
vehicle” defined.
NRS 487.760 “Nonrepairable
vehicle” defined.
NRS 487.765 “Rebuilt
vehicle” defined.
NRS 487.770 “Salvage
vehicle” defined.
NRS 487.780 “Title”
defined.
NRS 487.790 “Total
loss vehicle” defined.
NRS 487.795 Rebuilt
vehicles: Prerequisites to registration; certificate of inspection.
NRS 487.800 Salvage
vehicles: Duties of insurance company and relinquishing owner; application for
salvage title; sale of vehicle; rebuilt and restored vehicles; retention;
exclusion of nonrepairable vehicles.
NRS 487.810 Salvage
title: Issuance by state agency; contents; persons and entities to whom issued;
documents required to be submitted with application; fee; title as prerequisite
to transfer of ownership interest; certain authorities not conveyed by title;
not to be issued for nonrepairable vehicle.
NRS 487.820 Salvage
title: Procedure for acceptance of application if applicant unable to furnish
certificates of title and registration; exception; prohibition on issuance of
duplicate certificates of title or registration.
NRS 487.825 Revolving
Account for the Issuance of Salvage Titles: Creation; use of money; transfer of
excess balance to State Highway Fund.
NRS 487.830 Transfer
of interest in motor vehicle: Transferor to disclose in writing information as
to status of vehicle as salvage, rebuilt or reconstructed; additional duties of
transferor; criminal penalty.
NRS 487.840 Title:
Removal or concealment of indicia of salvage vehicle or rebuilt vehicle
prohibited; criminal penalties if violation committed with intent to defraud;
restitution.
NRS 487.850 Action
for damages; attorney’s fees; remedy is in addition to other legal or equitable
remedies.
NRS 487.860 Inspection
required before registration of vehicle for which salvage title was issued;
exclusion of nonrepairable vehicles; certificate of inspection.
NRS 487.870 Removal
of total loss salvage vehicle from State; penalty.
NRS 487.880 Nonrepairable
vehicles: Requirements; prohibited acts.
NRS 487.890 Estimate
of cost of repair of motor vehicle pursuant to NRS
487.800: Calculation; exclusion of certain costs.
PENALTIES
NRS 487.990 Administrative
fines; opportunity for hearing; deposit of fines collected; delegation of
authority to impose and collect fines; injunctions and other remedies;
enforcement proceedings.
_________
_________
GENERAL PROVISIONS
NRS 487.001 Applicability of chapter to mobile homes.
1. The provisions of this chapter, except NRS 487.290, apply to mobile homes although not
licensed or registered.
2. As used in this section, “mobile home”
means a vehicular structure, built on a chassis or frame, which is designed to
be used with or without a permanent foundation and is capable of being drawn by
a motor vehicle. The term does not include a recreational park trailer as
defined in NRS 482.1005.
(Added to NRS by 1975, 332; A 1977, 235; 2001, 1726; 2007, 3406)
NRS 487.002 Advisory Board on Automotive Affairs: Creation; members; terms;
officers; meetings; expenses; duties.
1. The Advisory Board on Automotive
Affairs, consisting of 10 members appointed by the Governor, is hereby created
within the Department.
2. The Governor shall appoint to the
Board:
(a) One representative of the Department;
(b) One representative of licensed operators of
body shops;
(c) One representative of licensed automobile
wreckers;
(d) One representative of registered garage
operators;
(e) One representative of licensed operators of
salvage pools;
(f) One representative of licensed operators of
authorized emissions stations;
(g) One representative of licensed insurers of
motor vehicles;
(h) One representative of licensed new or used
motor vehicle dealers; and
(i) Two representatives of the general public, at
least one of whom must be a resident of a county whose population is less than
55,000. A member appointed pursuant to this paragraph must not be:
(1) A holder of a license or registration
identified in paragraphs (b) to (h), inclusive; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a holder of such a license or registration.
3. Each member appointed must, at the time
of his or her appointment, have been a resident of this State for at least 5
years immediately preceding the appointment. Each member who is appointed to
represent a business or industry specified in paragraphs (b) to (h), inclusive,
of subsection 2, must, at the time of his or her appointment:
(a) Hold a license or registration to engage in
the business or industry that the member is appointed to represent; and
(b) Have been actively engaged in the business or
industry that the member is appointed to represent for at least 3 of the 5
years immediately preceding the appointment.
4. After the initial terms, each member of
the Board serves a term of 4 years. The members of the Board shall annually
elect from among their number a Chair and a Vice Chair. The Chair is not
entitled to a vote except to break a tie. The Department shall provide
secretarial services for the Board.
5. The Board shall meet regularly at least
twice each year and may meet at other times upon the call of the Chair or a
majority of the members of the Board. Six members of the Board constitute a
quorum, and a quorum may exercise all the power and authority conferred on the
Board. Each member of the Board is entitled to the per diem allowance and
travel expenses provided for state officers and employees generally while
attending meetings of the Board.
6. The Board shall:
(a) Study the regulation of garage operators,
automobile wreckers, operators of body shops, operators of salvage pools,
operators of authorized emissions stations and new and used motor vehicle
dealers, including, without limitation, the registration or licensure of such
persons and the methods of disciplinary action against such persons;
(b) Analyze and advise the Department relating to
any consumer complaints received by the Department concerning garage operators,
automobile wreckers, operators of body shops, operators of salvage pools,
operators of authorized emissions stations and new and used motor vehicle
dealers;
(c) Make recommendations to the Department for
any necessary regulations or proposed legislation pertaining to paragraph (a)
or (b); and
(d) Perform any other duty assigned by the
Department.
7. As used in this section, “authorized
emissions stations” means stations licensed by the Department pursuant to NRS 445B.775 to inspect, repair, adjust
or install devices for the control of emissions of motor vehicles.
(Added to NRS by 1989, 2042; A 1991, 1612; 1993, 1644; 2001, 2552; 2005, 926; 2009, 2533,
2704; 2011, 1818;
2013, 1626)
NRS 487.003 Licenses issued pursuant to chapter: Submission of statement by
applicant regarding payment of child support; 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. An applicant for the issuance or
renewal of a license issued pursuant to this chapter 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 this chapter if the applicant:
(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.
(Added to NRS by 1997, 2078)
NRS 487.005 Suspension of license issued pursuant to chapter 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 this chapter, 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 a
license issued pursuant to 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 1997, 2079)
NRS 487.007 “State agency” defined. As
used in this chapter, the term “state agency” means:
1. The Manufactured Housing Division of
the Department of Business and Industry with regard to mobile homes and
commercial coaches.
2. The Department of Motor Vehicles with
regard to all other vehicles subject to registration under the laws of this
State.
(Added to NRS by 1979, 1228; A 1985, 1960; 1993, 1644; 2001, 2553)
REPORTING OF CERTAIN VEHICLES
NRS 487.010 Report of vehicles stored or parked to sheriff, police or state
agency; duties of operator of tow car.
1. Every keeper of a garage, parking area
or trailer park who provides storage or parking for vehicles subject to
registration under the laws of this State shall report the presence of vehicles
to the persons set forth in subsection 3 as follows:
(a) If there is reason to believe that the
vehicle is stolen, abandoned or secreted, within 24 hours after storage or
parking begins.
(b) If there is reason to believe that the
vehicle has been stored without the knowledge or consent of the registered
owner, within 5 days after storage or parking begins.
(c) In any event within 30 days after storage or
parking begins, even though notice may have previously been given under the
provisions of paragraphs (a) and (b).
2. The notice must be given on forms
provided by the state agency and include the vehicle registration plate number,
the vehicle identification number and such other information as may be
available which will aid in identifying the registered and the legal owner of the
vehicle.
3. Notice must be given in person or by
mail to:
(a) The sheriff of the county in which the
vehicle is stored;
(b) If the vehicle is stored in a city, the chief
of police of the city; or
(c) The state agency.
4. The notice required by this section
must be given to the state agency if the vehicle has not been stored at the
direction of either the sheriff of the county or, in the case of a city, the
chief of police of the city in which the vehicle is stored.
5. The operator of the tow car shall
within 15 days after storage begins:
(a) If the vehicle is registered in this State,
notify the legal owner and any holder of a security interest who appears of
record.
(b) If the vehicle is registered in another
state, request from the appropriate agency of that state the name and address
of the legal owner and holder of a security interest. If the names and
addresses are obtained, the operator of the tow car shall notify each of the
persons.
Ê The state
agency may utilize local law enforcement agencies of this State to obtain the
necessary information for the operator of the tow car.
6. Failure to comply with the provisions
of subsections 1, 2 and 3 renders any lien for storage beyond 24 hours, 5 days
or 30 days, respectively, void.
[1:227:1919; A 1953, 95]—(NRS A 1957, 630; 1961, 71;
1965, 127; 1967, 405; 1971, 836; 1973, 213, 1111; 1979, 1228; 1983, 1097; 1985, 302)
NRS 487.020 Report of vehicle showing damage by gunfire. Whenever a vehicle of a type subject to
registration under the laws of this State has been offered for repair to any
person or garage and the damage to the vehicle indicates that such damage is
the result of gunfire, the person to whom the vehicle was offered for repair
shall immediately report the vehicle and condition to the sheriff’s office of
the county, or the police department of the city, wherein such garage or person
is located.
[2:227:1919; A 1953, 95]
NRS 487.030 Penalty for violation of NRS 487.010 or 487.020. Any person who violates any of the provisions
of NRS 487.010 and 487.020
is guilty of a misdemeanor.
[3:227:1919; 1919 RL p. 3376; NCL § 10548]
TOWING AND REMOVAL OF CERTAIN VEHICLES
NRS 487.037 Unlawful towing and removal of vehicle from facility for
parking; reports to sheriff or police.
1. It is unlawful for a person engaged in
the operation of off-street parking facilities to:
(a) Tow or remove or authorize the towing and
removal of any vehicle within 24 hours of the expiration of the period for
which a particular fee is paid. This paragraph does not affect or limit any
parking lot operator from charging parking fees in accordance with a posted
schedule for the additional time the vehicle is parked.
(b) Tow or remove or authorize the towing and
removal of any vehicle when such parking facilities are held open for public
use and there was no attendant on duty or other facilities permitting the
patron to pay or remit the parking charges at the time such vehicle was first
parked. This paragraph does not affect or limit any parking lot operator from
charging parking fees in accordance with a posted schedule for the time the
vehicle is parked.
(c) Tow or remove or authorize the towing and
removal of any vehicle when the parking facilities are held open to the public
and there is a device provided for payment of parking fees but the device does
not dispense a ticket or time-dated slip. This paragraph does not apply to
parking lots that are owned and operated by a governmental entity.
2. Notwithstanding the provisions of
subsection 1, a person operating off-street parking facilities may authorize
the towing or removing of, may tow or may remove any vehicle parked where the
facilities provided the opportunity to take or purchase a ticket or time slip,
and no ticket or time slip was purchased.
3. Any person that tows a vehicle without
the knowledge of the registered owner thereof shall immediately report the
towing by oral communication to the police department of the city or to the
sheriff’s office of the county where the towing is done. The oral communication
must include the time of the towing and the location from which and to which
the vehicle has been towed.
(Added to NRS by 1971, 771; A 1989, 1054)
NRS 487.038 Authority of owner or person in lawful possession of real
property to have towed therefrom vehicle parked in unauthorized manner: Oral
notice to local law enforcement agency required; exceptions to authority;
residential real property; costs to be borne by owner of vehicle; other rights
and remedies.
1. Except as otherwise provided in
subsections 3 and 4, the owner or person in lawful possession of any real
property may, after giving notice pursuant to subsection 2, utilize the
services of any tow car operator subject to the jurisdiction of the Nevada
Transportation Authority to remove any vehicle parked in an unauthorized manner
on that property to the nearest public garage or storage yard if:
(a) A sign is displayed in plain view on the
property declaring public parking to be prohibited or restricted in a certain
manner; and
(b) The sign shows the telephone number of the
police department or sheriff’s office.
2. Oral notice must be given to the police
department or sheriff’s office, whichever is appropriate, indicating:
(a) The time the vehicle was removed;
(b) The location from which the vehicle was
removed; and
(c) The location to which the vehicle was taken.
3. Any vehicle which is parked in a space
designated for persons with disabilities and is not properly marked for such
parking may be removed if notice is given to the police department or sheriff’s
office pursuant to subsection 2, whether or not a sign is displayed pursuant to
subsection 1.
4. The owner or person in lawful possession
of residential real property upon which a single-family dwelling is located
may, after giving notice pursuant to subsection 2, utilize the services of any
tow car operator subject to the jurisdiction of the Nevada Transportation
Authority to remove any vehicle parked in an unauthorized manner on that
property to the nearest public garage or storage yard, whether or not a sign is
displayed pursuant to subsection 1.
5. All costs incurred under the provisions
of this section for towing and storage must be borne by the owner of the
vehicle, as that term is defined in NRS
484A.150.
6. The provisions of this section do not
limit or affect any rights or remedies which the owner or person in lawful
possession of real property may have by virtue of other provisions of the law
authorizing the removal of a vehicle parked on that property.
(Added to NRS by 1973, 1110; A 1981, 985; 1995, 1607; 1997, 2009)
NRS 487.039 Vehicle towed from facility for parking or at direction of owner
or person in lawful possession of real property: Owner of vehicle authorized to
file civil action to determine whether towing lawful; limitation; scheduling of
hearing; order of court; operator of facility for storage of towed vehicles to display
sign.
1. If a vehicle is towed pursuant to NRS 487.037 or 487.038 and
the owner of the vehicle believes that the vehicle was unlawfully towed, the
owner of the vehicle may file a civil action pursuant to paragraph (b) of
subsection 1 of NRS 4.370 in the
justice court of the township where the property from which the vehicle was
towed is located, on a form provided by the court, to determine whether the
towing of the vehicle was lawful.
2. An action may be filed pursuant to this
section only if the cost of towing and storing the vehicle does not exceed
$10,000.
3. Upon the filing of a civil action
pursuant to subsection 1, the court shall schedule a date for a hearing. The
hearing must be held not later than 4 working days after the action is filed.
The court shall affix the date of the hearing to the form and order a copy
served by the sheriff, constable or other process server upon the owner or
person in lawful possession of the property who authorized the towing of the
vehicle.
4. The court shall:
(a) If it determines that the vehicle was:
(1) Lawfully towed, order the owner of the
vehicle to pay the cost of towing and storing the vehicle and order the person
who is storing the vehicle to release the vehicle to the owner upon payment of
that cost; or
(2) Unlawfully towed, order the owner or
person in lawful possession of the property who authorized the towing to pay
the cost of towing and storing the vehicle and order the person who is storing
the vehicle to release the vehicle to the owner immediately; and
(b) Determine the actual cost incurred in towing
and storing the vehicle.
5. The operator of any facility or other
location where vehicles which are towed are stored shall display conspicuously
at that facility or location a sign which sets forth the provisions of this
section.
(Added to NRS by 1995, 1606; A 2003, 852; 2007, 1134)
AUTOMOBILE WRECKERS
Generally; Unlawful Acts; Bonding
NRS 487.047 “Automobile wrecker” and “wrecker” defined. As used in NRS 487.047
to 487.200, inclusive, unless the context otherwise
requires, “automobile wrecker” or “wrecker” means a person who obtains a
license to dismantle, scrap, process or wreck any vehicle, including, without
limitation, wrecked, salvage, nonrepairable, abandoned and junk vehicles, which
includes, without limitation, removing or selling an individual part or parts
of such a vehicle or crushing, shredding or dismantling such a vehicle to be
disposed of as scrap metal.
(Added to NRS by 2007, 3223, 3405)
NRS 487.050 Unlawful to dismantle, scrap, process or wreck vehicle without
license; application for 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. It is unlawful for any person to
dismantle, scrap, process or wreck any vehicle without first applying for and
obtaining a license for that operation from the Department.
2. An application for a license must be
made on a form provided by the Department, include the social security number
of the applicant and be accompanied by such proof as the Department may require
that the applicant:
(a) Is a bona fide automobile wrecker; and
(b) Owns or leases a place of business which
meets the requirements of NRS 487.073.
(Added to NRS by 1963, 838; A 1969, 1086; 1987, 1600; 1995, 1574; 1997, 2079)
NRS 487.050 Unlawful to dismantle,
scrap, process or wreck vehicle without license; application for 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. It is unlawful for any person to
dismantle, scrap, process or wreck any vehicle without first applying for and
obtaining a license for that operation from the Department.
2. An application for a license must be
made on a form provided by the Department and accompanied by such proof as the
Department may require that the applicant:
(a) Is a bona fide automobile wrecker; and
(b) Owns or leases a place of business which
meets the requirements of NRS 487.073.
(Added to NRS by 1963, 838; A 1969, 1086; 1987, 1600; 1995, 1574; 1997, 2079,
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 487.060 Bond: Requirement; amount; application for compensation;
deposits in lieu of bond.
1. No license may be issued to an
automobile wrecker until the automobile wrecker has procured and filed with the
Department a good and sufficient bond in the amount of $50,000, with a
corporate surety thereon licensed to do business in the State of Nevada,
approved as to form by the Attorney General, and conditioned that the applicant
conducts business as a wrecker without fraud or fraudulent representation, and without
violation of the provisions of NRS 487.047 to 487.200, inclusive, or 487.710
to 487.890, inclusive. The Department may, by
agreement with any automobile wrecker who has been licensed for 5 years or more
by the Department or a department of motor vehicles in another state, reduce
the amount of the bond of the wrecker, if the business of that wrecker has been
conducted satisfactorily for the preceding 5 years, but no bond may be in an
amount less than $5,000. The Department shall make the necessary investigation
to determine whether a wrecker licensed in another state has conducted its
business satisfactorily.
2. The bond may 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.
3. The bond must provide that any person
injured by the action of the automobile wrecker in violation of any of the
provisions of NRS 487.047 to 487.200,
inclusive, or 487.710 to 487.890,
inclusive, may apply to the Director for compensation from the bond. The
Director, for good cause shown and after notice and opportunity for hearing,
may determine the amount of compensation and the person to whom it is to be
paid. The surety shall then make the payment.
4. In lieu of a bond an automobile wrecker
may deposit with the Department, under the terms prescribed by the Department:
(a) A like amount of money 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 this section and that this amount is unavailable for withdrawal
except upon order of the Department. Interest earned on the certificate accrues
to the account of the applicant.
5. A deposit made pursuant to subsection 4
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 in 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.
6. When a deposit is made pursuant to
subsection 4, 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
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;
(b) Restores the deposit with the Department to
the original amount required under this section; or
(c) Satisfies the outstanding judgment for which
he or she is liable under the deposit.
7. A deposit made pursuant to subsection 4
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.
8. Any money received by the Department
pursuant to subsection 4 must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund.
(Added to NRS by 1963, 838; A 1967, 745; 1977, 646; 1983, 143; 1987, 1601; 1991, 525; 1993, 2344; 1999, 1502; 2003, 1912)
Licensing
NRS 487.070 Issuance and contents of license and card; fee; posting of
license; expiration and 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. The Department may approve or reject
the application. If the Department receives the statement required pursuant to NRS 487.003 and approves the application, it shall
issue to the applicant:
(a) A license containing the applicant’s name and
address, the name under which the business is to be conducted, the business
address, and a distinguishing number assigned to the applicant.
(b) A card which:
(1) Contains the information specified in
paragraph (a);
(2) Includes a picture of the licensee;
and
(3) Clearly identifies the holder of the
card as a licensed automobile wrecker.
2. A licensee may obtain one or two cards
for his or her business. The Department shall charge a fee of $50 for each card
issued. Fees collected by the Department pursuant to this subsection must be
deposited with the State Treasurer for credit to the Motor Vehicle Fund.
3. A licensee shall post the license in a
conspicuous place clearly visible to the general public at the business address
set forth on the license.
4. A license expires on April 30 of each
year.
5. A licensee may renew the license by
submitting to the Department:
(a) A completed application for renewal upon a
form supplied by the Department;
(b) The statement required pursuant to NRS 487.003; and
(c) The fee for renewal of a license provided in NRS 487.080.
(Added to NRS by 1963, 839; A 1987, 1602; 1989, 2023; 1991, 1777; 1997, 145, 1372, 1376, 1516, 2080; 2007, 1231)
NRS 487.070 Issuance and contents of
license and card; fee; posting of license; expiration and 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. The Department may approve or reject
the application and, if approved, shall issue to the applicant:
(a) A license containing the applicant’s name and
address, the name under which the business is to be conducted, the business
address, and a distinguishing number assigned to the applicant.
(b) A card which:
(1) Contains the information specified in
paragraph (a);
(2) Includes a picture of the licensee;
and
(3) Clearly identifies the holder of the
card as a licensed automobile wrecker.
2. A licensee may obtain one or two cards
for his or her business. The Department shall charge a fee of $50 for each card
issued. Fees collected by the Department pursuant to this subsection must be
deposited with the State Treasurer for credit to the Motor Vehicle Fund.
3. A licensee shall post the license in a conspicuous
place clearly visible to the general public at the business address set forth
on the license.
4. A license expires on April 30 of each
year.
5. A licensee may renew the license by
submitting to the Department:
(a) A completed application for renewal upon a
form supplied by the Department; and
(b) The fee for renewal of a license provided in NRS 487.080.
(Added to NRS by 1963, 839; A 1987, 1602; 1989, 2023; 1991, 1777; 1997, 145, 1372, 1376, 1516, 2080; 1999, 457; 2007, 1231,
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 487.073 Applicant to furnish information concerning place of business. Before issuing a license to an automobile
wrecker, the Department shall require the applicant to furnish proof that:
1. The applicant will conduct business
from a permanent enclosed building which the applicant owns or has leased;
2. The business will be located on at
least one-half of an acre of ground; and
3. The site for the business will be
surrounded by a screened fence at least 6 feet high.
(Added to NRS by 1987, 1600)
NRS 487.080 Fee for issuance or renewal of license; disposition.
1. The fee for issuance or renewal of an
automobile wrecker’s license is $300.
2. Fees collected by the Department
pursuant to this section must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund.
(Added to NRS by 1963, 839; A 1975, 212; 1987, 1602; 1989, 2023; 1991, 1778; 1997, 1372; 2007, 1232)
Miscellaneous Provisions
NRS 487.085 Wrecker to affix legible sign containing name of business. At each of his or her established places of
business, an automobile wrecker 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.
(Added to NRS by 1997, 1515)
NRS 487.090 Operation of vehicles on highway without registration;
conditions. Any licensed
automobile wrecker owning or controlling any vehicle of a type required to be
registered under the laws of this State may operate or move such a vehicle upon
the highways without subjecting the vehicle to registration if such operation
or movement is for the sole purpose of moving the vehicle from its location to
the established place of business of the licensee. A licensed automobile
wrecker may obtain license plates from the Department for the movement of such
vehicles.
(Added to NRS by 1963, 839; A 1987, 1602)
NRS 487.095 Fees for towing abandoned automobile or vehicle; limitations and
exceptions.
1. Except as otherwise provided in
subsection 2:
(a) An automobile wrecker may only charge and
collect those fees for towing an abandoned automobile as are prescribed by
regulations of the Department.
(b) An automobile wrecker shall not charge a fee
to tow an abandoned vehicle if the automobile wrecker does not obtain the
consent of the owner of the property to tow the vehicle.
2. When an automobile wrecker removes an
abandoned vehicle from public property at the request of a constable as
provided in NRS 487.230, the automobile wrecker
shall:
(a) If the owner of the abandoned vehicle can be
identified and if the automobile wrecker is able to collect from the owner the
fee described in paragraph (d) of subsection 2 of NRS 258.125, transmit that fee to the
constable; or
(b) If the owner of the abandoned vehicle cannot
be identified or if the automobile wrecker is otherwise unable to collect from
the owner the fee described in paragraph (d) of subsection 2 of NRS 258.125, transmit that fee to the
constable only if the automobile wrecker is able to satisfy his or her own
lien, as provided in NRS 487.270.
(Added to NRS by 1987, 1600; A 2007, 105)
NRS 487.100 Wrecker to transmit certificates of title, registration and
ownership of certain vehicles to state agency; exceptions.
1. Except as otherwise provided in
subsections 2 and 3, any automobile wrecker purchasing from any person other
than a licensed operator of a salvage pool any vehicle subject to registration
pursuant to the laws of this State shall forward to the Department the
certificates of title and registration last issued therefor.
2. The certificate of ownership last
issued for a mobile home or commercial coach must be sent by the wrecker to the
Manufactured Housing Division of the Department of Business and Industry.
3. An automobile wrecker is not required
to:
(a) Provide the Department with a certificate of
title, salvage title or a nonrepairable vehicle certificate and certificate of
registration last issued; or
(b) Obtain from the Department a certificate of
title, salvage title, nonrepairable vehicle certificate or certificate of
registration,
Ê for a motor
vehicle that is to be processed as parts or scrap metal by the automobile
wrecker pursuant to NRS 487.105.
(Added to NRS by 1963, 839; A 1979, 1229; 1987, 1603; 1995, 336; 1999, 1920; 2003, 471, 1913; 2011, 1659)
NRS 487.105 Streamlined procedure for wrecker to process vehicle as parts or
scrap metal: Bond required; report to be transmitted to Department; wrecker
assumes liability; Department to issue nonrepairable vehicle certificate.
1. If a licensed automobile wrecker, in
addition to any other bond required by NRS 487.047
to 487.200, inclusive, procures and files with the
Department a good and sufficient bond in the amount of $50,000, with a
corporate surety thereon licensed to do business in the State of Nevada,
approved as to form by the Attorney General, and conditioned that the applicant
conducts his or her relevant activities in accordance with the provisions of
this section, the wrecker may use the procedure set forth in this section to
process a motor vehicle as parts or scrap metal. The additional bond described
in this subsection may cover more than one location at which the licensed
automobile wrecker does business, if the wrecker holds an ownership interest of
51 percent or more in each such business location.
2. Upon obtaining a motor vehicle that is
to be processed as parts or scrap metal, a licensed automobile wrecker who has
procured and filed the additional bond described in subsection 1 and who wishes
to use the procedure provided in this section:
(a) Shall transmit to the Department
electronically or via facsimile, as specified by the Department, a report that
includes:
(1) The make, model, vehicle
identification number and registration number, if applicable, of the motor
vehicle; and
(2) An affirmation by the licensed
automobile wrecker that the motor vehicle has been designated by the licensed
automobile wrecker for processing as parts or scrap metal.
(b) May process the motor vehicle for parts or
scrap metal only if:
(1) Five or more business days elapse
after transmission to the Department of the report required by paragraph (a);
and
(2) The licensed automobile wrecker does
not receive notification from the Department that the motor vehicle is not to
be processed as parts or scrap metal.
3. A licensed automobile wrecker who
processes a motor vehicle for parts or scrap metal pursuant to this section
assumes all liability for any injuries to any person or property arising from
or incident to the act of such processing. No action may be brought under NRS 41.031 or against an officer or
employee of the State or any of its agencies or political subdivisions which is
based upon any injuries to any person or property arising from or incident to
the act of processing a motor vehicle for parts or scrap metal as authorized
pursuant to this section.
4. If a licensed automobile wrecker
submits to the Department the report described in subsection 2 and the
Department confirms that the motor vehicle which is the subject of the report
has been processed as parts or scrap metal, the Department shall issue a
nonrepairable vehicle certificate for the motor vehicle.
(Added to NRS by 2011, 1658)
NRS 487.115 Entire salvage vehicles: Wrecker to deliver properly endorsed
salvage title upon sale; criteria used to determine whether salvage vehicle is
entire salvage vehicle or only part thereof.
1. Whenever an entire salvage vehicle is
sold to any person by a licensed automobile wrecker, the automobile wrecker
shall deliver a properly endorsed salvage title to the buyer for such an entire
salvage vehicle.
2. A salvage vehicle shall be deemed an
entire salvage vehicle:
(a) If all the following essential components are
included and identifiable as coming from the same salvage vehicle:
(1) The cowl assembly;
(2) The floor pan assembly;
(3) The passenger compartment;
(4) The rear clip assembly; and
(5) The roof assembly; and
(b) In addition to the essential components
required pursuant to paragraph (a):
(1) If the salvage vehicle was
manufactured with a conventional frame, the conventional frame is included and
identifiable as coming from the same salvage vehicle;
(2) If the salvage vehicle was
manufactured with a unibody, the complete front inner structure is included and
identifiable as coming from the same salvage vehicle;
(3) If the salvage vehicle is a truck
which was manufactured with a conventional frame, the conventional frame and
the truck cab assembly are included and identifiable as coming from the same
salvage vehicle; and
(4) If the salvage vehicle is a truck
which was manufactured with a unibody, the complete front inner structure and
the truck cab assembly are included and identifiable as coming from the same
salvage vehicle.
3. A salvage vehicle that does not satisfy
the requirements of subsection 2 shall be deemed a part or parts of an entire
salvage vehicle.
(Added to NRS by 2007, 3224, 3406)
Violations; Unfitness; Inspection of Records; Penalties
NRS 487.160 Denial, suspension or revocation of licenses or refusal to
renew: Grounds; hearings; reapplication; disclosure of financial records.
1. The Department may suspend, revoke or
refuse to renew a license of an automobile wrecker upon determining that the
automobile wrecker:
(a) Is not lawfully entitled thereto;
(b) Has made, or knowingly or negligently
permitted, any illegal use of that license;
(c) Has failed to return a salvage title to the
state agency when and as required of the licensee by NRS
487.710 to 487.890, inclusive; or
(d) Except as otherwise provided in NRS 487.105, has failed to surrender to the state
agency certificates of title for vehicles before beginning to dismantle or
wreck the vehicles.
2. The applicant or licensee may, within
30 days after receipt of the notice of refusal, suspension or revocation,
petition the Department in writing for a hearing.
3. Hearings under this section and appeals
therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. The Department may suspend, revoke or
refuse to renew a license of an automobile wrecker, or may deny a license to an
applicant therefor, for any reason determined by the Director to be in the best
interest of the public, or if the licensee or applicant:
(a) Does not have or maintain an established
place of business in this State.
(b) Made a material misstatement in any
application.
(c) Willfully fails to comply with any applicable
provision of this chapter.
(d) Fails to furnish and keep in force any bond
required by NRS 487.047 to 487.200,
inclusive.
(e) Fails to discharge any final judgment entered
against the licensee or applicant when the judgment arises out of any
misrepresentation of a vehicle, trailer or semitrailer.
(f) Fails to maintain any license or bond
required by a political subdivision of this State.
(g) Has been convicted of a felony.
(h) Has been convicted of a misdemeanor or gross
misdemeanor for a violation of a provision of this chapter.
(i) Fails or refuses to provide to the Department
an authorization for the disclosure of financial records for the business as
required pursuant to subsection 7.
(j) Knowingly submits or causes to be submitted
any false, forged or otherwise fraudulent document to the Department to obtain
a lien, title, salvage title or certificate of ownership, or any duplicate
thereof, for a vehicle.
(k) Knowingly causes or allows a false, forged or
otherwise fraudulent document to be maintained as a record of the business.
(l) Interferes with or refuses to allow an agent
of the Department or any peace officer access to and, upon demand, the
opportunity to examine any record held in conjunction with the operation of the
wrecker.
(m) Displays evidence of unfitness for a license
pursuant to NRS 487.165.
5. If an application for a license as an
automobile wrecker is denied, the applicant may not submit another application
for at least 6 months after the date of the denial.
6. The Department may refuse to review a
subsequent application for licensing submitted by any person who violates any
provision of this chapter.
7. 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 any financial obligation related to the
business of dismantling, scrapping, processing or wrecking of vehicles, 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 such an authorization
only to determine the suitability of the applicant or licensee for initial or
continued licensure. Information obtained pursuant to such an authorization may
be disclosed only to those employees of the Department who are authorized to
issue a license to an applicant pursuant to NRS 487.047
to 487.200, inclusive, or to determine the
suitability of an applicant or a licensee for such licensure.
8. For the purposes of this section,
failure to adhere to the directives of the state agency advising the licensee
of noncompliance with any provision of NRS 487.047
to 487.200, inclusive, or 487.710
to 487.890, inclusive, or regulations of the state
agency, within 10 days after the receipt of those directives, is prima facie
evidence of willful failure to comply.
(Added to NRS by 1963, 840; A 1969, 1086; 1973, 343; 1979, 1230; 1983, 1098; 1985, 1960; 1997, 145; 1999, 1921; 2003, 472, 1916; 2007, 3225, 3406; 2011, 1659)
NRS 487.165 Evidence of unfitness of applicant, registrant or licensee. Evidence of unfitness of an applicant,
registrant or licensee for purposes of denial, suspension or revocation of or
failure to renew a license or registration as an automobile wrecker, operator
of a salvage pool, garage operator or owner of a body shop may consist of, but
is not limited to, the applicant, registrant or licensee:
1. Purchasing, selling, dismantling,
disposing of or possessing any vehicle which he or she knows, or a reasonable
person should know, is stolen or otherwise illegally appropriated.
2. Being the former holder of, or being a
partner, officer, director, owner or manager involved in management decisions
of, an automobile wrecker that held a license issued pursuant to this chapter
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 the State of any taxes or fees in
connection with the sale or transfer of a vehicle.
4. Forging the signature of the registered
or legal owner of an abandoned vehicle on any document that releases the
interest of the owner in the abandoned vehicle.
5. Forging the signature of the registered
or legal owner of a vehicle on a certificate of title or other document to
obtain or transfer ownership in that vehicle.
6. Willfully failing to deliver to a
purchaser a salvage title to a vehicle that the applicant, registrant or
licensee has sold.
7. Refusing to allow any peace officer or
agent of the state agency to inspect, during normal business hours, all books,
records and files of the applicant, registrant or licensee which are maintained
within the State.
8. Committing any fraud which includes,
without limitation:
(a) Misrepresenting in any manner, whether
intentional or grossly negligent, a material fact.
(b) Intentionally failing to disclose a material
fact.
9. Willfully failing to comply with any
regulation adopted by the Department.
(Added to NRS by 2007, 3223, 3405)
NRS 487.170 Automobile wreckers to maintain records of certain vehicles;
inspection of records by peace officer or investigator of state agency;
required contents of records.
1. Every licensed automobile wrecker shall
maintain a record of all vehicles acquired and processed as parts or scrap
metal pursuant to NRS 487.105. The records must be
open to inspection during business hours by any peace officer or investigator
of the state agency. Every vehicle record must contain:
(a) The name and address of the person from whom
the vehicle was acquired;
(b) The date the vehicle was acquired;
(c) The manner in which the vehicle was acquired
by the wrecker;
(d) The registration number last assigned to the
vehicle;
(e) A brief description of the vehicle,
including, insofar as the data may exist with respect to a given vehicle, the
make, type, vehicle identification number, serial number and motor number, or
any other number of the vehicle; and
(f) Any certificate of title, salvage title,
nonrepairable vehicle certificate or other appropriate documentation of
ownership required by the Department that was provided to the licensed
automobile wrecker by the person from whom the vehicle was acquired.
2. Records maintained pursuant to
subsection 1 must be retained by the licensed automobile wrecker for a period
of at least 2 years.
(Added to NRS by 1963, 841; A 1973, 137; 1979, 1231; 2007, 3226, 3408; 2011, 1661)
NRS 487.180 Presumption of dismantling. It
shall be prima facie evidence that a vehicle in a dismantled condition has been
dismantled by the person having possession thereof.
(Added to NRS by 1963, 841)
NRS 487.190 Inapplicability of certain provisions to work or service
vehicles owned by wrecker under certain circumstances. The
provisions of NRS 487.710 to 487.890,
inclusive, do not apply to work or service vehicles owned by an automobile
wrecker if such a vehicle is being used solely at the place of business of the
automobile wrecker that has been reported to the Department pursuant to NRS 487.073.
(Added to NRS by 1963, 841; A 1985, 1961; 2003, 1917)
NRS 487.200 Penalty. Any person
who violates any of the provisions of NRS 487.047
to 487.200, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1963, 841; A 1985, 1961; 1995, 1575; 1997, 1516; 2003, 1917; 2007, 3227, 3408)
ABANDONED VEHICLES
NRS 487.205 Legislative findings and declaration.
1. The Legislature finds that:
(a) Abandoned vehicles constitute a safety hazard
and a public nuisance and are detrimental to the health, safety and welfare of
the general public.
(b) Such vehicles produce scenic blight which
degrades the environment and adversely affects the proper maintenance and
continuing development of the State.
(c) Such vehicles represent a resource out of
place, requiring state and local governmental attention in order to ensure their
expeditious removal and recycling.
2. The Legislature declares that the
policy of this State is:
(a) To prohibit the abandonment of vehicles and
to enforce such prohibition with adequate penalties.
(b) To encourage the development of procedures and
operational techniques which will facilitate the expeditious removal of
abandoned vehicles from public and private premises.
(c) To encourage state and local governmental
units, in cooperation with the private sector to recover the resource
represented by abandoned vehicles to the fullest extent practicable.
(Added to NRS by 1973, 1063)
NRS 487.210 Definitions. As
used in NRS 487.210 to 487.300,
inclusive, unless the context otherwise requires:
1. “Abandoned vehicle” means a vehicle:
(a) If the vehicle is discovered upon public
lands, that the owner has discarded.
(b) If the vehicle is discovered upon public or
private property other than public lands:
(1) That the owner has discarded; or
(2) Which has not been reclaimed by the
registered owner or a person having a security interest in the vehicle within
15 days after notification pursuant to NRS 487.250.
2. “Public lands” has the meaning ascribed
to it in NRS 321.5963.
(Added to NRS by 1967, 1601; A 1973, 1064; 1983, 1099; 1985, 519, 1961; 1999, 1674; 2005, 1220)
NRS 487.220 Person responsible for cost of removal and disposition of
abandoned vehicle; presumption vehicle abandoned by registered owner; rebuttal
of presumption.
1. Every person who abandons a vehicle is
responsible for the cost of removal and disposition of the vehicle.
2. An abandoned vehicle is presumed to
have been abandoned by the registered owner thereof. Except as otherwise
provided in NRS 487.235, the registered owner may
rebut this presumption by showing that:
(a) The registered owner transferred his or her
interest in the abandoned vehicle:
(1) Pursuant to the provisions set forth
in NRS 482.399 to 482.420, inclusive; or
(2) As indicated by a bill of sale for the
vehicle that is signed by the registered owner; or
(b) The vehicle was stolen, if the registered
owner submits evidence that, before the discovery of the vehicle, he or she
filed an affidavit with the Department or a written report with an appropriate
law enforcement agency alleging the theft of the vehicle.
(Added to NRS by 1967, 1600; A 1973, 1064; 2005, 1221)
NRS 487.230 Certain peace officers, law enforcement officers, investigators
and other personnel authorized to remove or cause removal of vehicle abandoned
on public property other than public lands; removal of vehicles abandoned on
private property; duties of person authorizing removal.
1. Except as otherwise provided in NRS 487.235, any sheriff or designee of a sheriff,
constable, member of the Nevada Highway Patrol, officer of the Legislative
Police, investigator of the Division of Compliance Enforcement of the
Department, personnel of the Capitol Police Division of the Department of
Public Safety, designated employees of the Manufactured Housing Division of the
Department of Business and Industry, special investigator employed by the
office of a district attorney, marshal or police officer of a city or town or
his or her designee, a marshal or park ranger who is part of a unit of
specialized law enforcement established pursuant to NRS 280.125, or any other person charged
with the enforcement of county or city ordinances who has reason to believe
that a vehicle has been abandoned on public property in his or her jurisdiction
may remove the vehicle from that property or cause the vehicle to be removed
from that property. At the request of the owner or person in possession or
control of private property who has reason to believe that a vehicle has been
abandoned on his or her property, the vehicle may be removed by the operator of
a tow car or an automobile wrecker from that private property.
2. A person who authorizes the removal of
an abandoned vehicle pursuant to subsection 1 shall:
(a) Have the vehicle taken to the nearest garage
or other place designated for storage by:
(1) The state agency or political
subdivision making the request if the vehicle is removed from public property.
(2) The owner or person in possession or
control of the property if the vehicle is removed from private property.
(b) Make all practical inquiries to ascertain if
the vehicle is stolen by checking the license plate number, vehicle
identification number and other available information which will aid in
identifying the registered and legal owner of the vehicle and supply the
information to the person who is storing the vehicle.
(Added to NRS by 1967, 1600; A 1973, 1064; 1979, 1231; 1983, 1242; 1985, 1961; 1987, 1462, 1604; 1993, 1645; 1995, 159, 1110; 1997, 28; 1999, 3589; 2001, 2553; 2005, 106, 1221, 1384; 2007, 106)
NRS 487.235 Removal of vehicles abandoned on public lands.
1. If a sheriff’s office or other law
enforcement agency discovers that, or receives notification that, a vehicle has
been abandoned on public lands, the sheriff’s office or other law enforcement
agency shall:
(a) Make all practical inquiries to ascertain if
the vehicle is stolen by checking the license plate number, vehicle
identification number and other available information which will aid in
identifying the owner of the vehicle; and
(b) If the vehicle has not been reported as
stolen and the sheriff’s office or other law enforcement agency is able to
determine the identity of the owner of the vehicle, notify the Department of
those facts.
2. Upon the receipt of a notice from a
sheriff’s office or other law enforcement agency pursuant to paragraph (b) of
subsection 1 and if the registration of the vehicle has not expired, the
Department shall send by registered or certified mail, return receipt
requested, a written notice to the owner of the vehicle stating that the owner
must remove or cause the vehicle to be removed from the public lands within 30
days after the date on which the notice was sent.
3. If an owner receives a notice pursuant
to subsection 2, the owner may submit to the Department an affidavit which
states that the owner has taken action which meets the requirements of
paragraph (a) or (b) of subsection 2 of NRS 487.220.
If the owner submits such an affidavit, the Department:
(a) Shall maintain a record of the affidavit; and
(b) Shall not suspend the registration of each
vehicle currently registered to that owner as otherwise required by subsection
4.
4. If an owner:
(a) Receives a notice pursuant to subsection 2;
(b) Fails to remove or cause the vehicle to be
removed within the 30-day period set forth in that notice; and
(c) Does not submit an affidavit as described in
subsection 3,
Ê the
Department shall suspend the registration of each vehicle currently registered
to the owner pursuant to chapter 482 of NRS.
For the purposes of this subsection, the determination of the sheriff’s office
or other law enforcement agency that notified the Department pursuant to
paragraph (b) of subsection 1 is conclusive as to whether the abandoned vehicle
was removed within the 30-day period.
5. If the registration of a vehicle is
suspended pursuant to subsection 4, the Department shall reinstate the
registration upon receipt from the registered owner of the vehicle of:
(a) An affidavit setting forth that the
registered owner caused the removal and disposition of, or proof that the
registered owner paid the cost of removal and disposition of, the vehicle
discovered abandoned upon public lands; and
(b) If applicable, proof that the registered
owner redeemed any lien placed pursuant to NRS 487.270
on the vehicle discovered abandoned on public lands.
6. If a sheriff’s office or other law
enforcement agency is notified by a person or another governmental entity that
a vehicle has been abandoned on public lands, the sheriff’s office or other law
enforcement agency shall, insofar as practicable and authorized by law, inform
the person or entity making such notification of the actions taken by the
sheriff’s office or other law enforcement agency pursuant to this section.
(Added to NRS by 2005, 1219)
NRS 487.240 Appraisal of removed abandoned vehicle. Upon
receipt of a written request, the state agency shall have the vehicle appraised
within 10 business days after receipt of the request.
(Added to NRS by 1967, 1600; A 1979, 493, 1232; 1983, 1099; 1999, 160)
NRS 487.250 Required notices.
1. The state agency or political
subdivision shall, within 48 hours after the appraisal, notify the head of the
state agency of the removal of the vehicle. The notice must contain:
(a) A description of the vehicle.
(b) The appraised value of the vehicle.
(c) A statement as to whether the vehicle will be
junked, dismantled or otherwise disposed of.
2. The person who removed the vehicle must
notify the registered owner and any person having a security interest in the
vehicle by registered or certified mail that the vehicle has been removed and
will be junked or dismantled or otherwise disposed of unless the registered
owner or the person having a security interest in the vehicle responds and pays
the costs of removal.
3. Failure to reclaim within 15 days after
notification a vehicle appraised at $500 or less constitutes a waiver of
interest in the vehicle by any person having an interest in the vehicle.
4. If all recorded interests in a vehicle
appraised at $500 or less are waived, either as provided in subsection 3 or by
written disclaimer by any person having an interest in the vehicle, the state
agency, except as otherwise provided in subsection 3 of NRS
487.100, shall issue a salvage title pursuant to NRS
487.810 to the automobile wrecker who towed the vehicle or to whom the
vehicle may have been delivered, or a certificate of title to the garage owner
if the garage owner elects to retain the vehicle and the vehicle is equipped as
required by chapter 484D of NRS.
(Added to NRS by 1967, 1600; A 1969, 95, 769; 1973,
339, 974; 1979,
493, 1232;
1987, 1604;
1999, 1922;
2003, 474, 1917; 2011, 1661)
NRS 487.260 Disposition of vehicles appraised at value exceeding $500;
disposition of junk vehicles; junk certificates; duties of automobile wreckers;
maintenance of certain records.
1. If the vehicle is appraised at a value
of more than $500, the state agency or political subdivision shall dispose of
it as provided in NRS 487.270.
2. If the vehicle is appraised as a junk
vehicle, the Department may issue a junk certificate to the automobile wrecker
or tow operator who removed the vehicle.
3. An automobile wrecker who possesses a
junk certificate for a junk vehicle may process the vehicle for parts or scrap
metal pursuant to NRS 487.105.
4. A vehicle for which a junk certificate
has been issued may be sold to an automobile wrecker by the person to whom the
junk certificate was issued by the seller’s endorsement on the certificate.
Except as otherwise provided in subsection 3 of NRS
487.100, an automobile wrecker who purchases a vehicle for which a junk
certificate has been issued shall immediately affix the business name of the
automobile wrecker as purchaser to the first available space provided on the
reverse side of the certificate. For the purposes of this subsection, such an
automobile wrecker is the owner of the junk vehicle.
5. If insufficient space exists on the
reverse side of a junk certificate to transfer the vehicle pursuant to
subsection 4, except as otherwise provided in subsection 3 of NRS 487.100, an automobile wrecker who purchases a
junk vehicle for which a junk certificate has been previously issued shall,
within 10 days after purchase, apply to the Department for a new junk
certificate and surrender the original certificate.
6. A person who sells a junk vehicle shall
maintain, for at least 2 years, a copy of the junk certificate and a record of
the name and address of the person from whom the vehicle was acquired and the
date thereof. The person shall allow any peace officer or any investigator employed
by a state agency to inspect the records during business hours.
7. An automobile wrecker who processes a
junk vehicle for parts or scrap metal shall maintain records as required by NRS 487.170.
8. As used in this section, “junk vehicle”
means a vehicle, including component parts, which:
(a) Has been discarded or abandoned;
(b) Has been ruined, wrecked, dismantled or
rendered inoperative;
(c) Is unfit for further use in accordance with
the original purpose for which it was constructed;
(d) Is not registered with the Department or has
not been reclaimed by the registered owner or a person having a security
interest in the vehicle within 15 days after notification pursuant to NRS 487.250; and
(e) Has value principally as scrap which does not
exceed $200.
(Added to NRS by 1967, 1601; A 1973, 974; 1979, 1232; 1987, 1605; 1991, 1675; 1999, 1675; 2007, 3227, 3408; 2011, 1662)
NRS 487.270 Lien on abandoned vehicle; costs and fees included in lien;
satisfaction of lien; transmission of fee to constable under certain
circumstances.
1. Whenever a vehicle has been removed to
a garage or other place as provided by NRS 487.230,
the owner of the garage or the automobile wrecker who towed the vehicle has a
lien on the vehicle for:
(a) The costs of towing and storing for a period
not exceeding 90 days; and
(b) If the vehicle was removed from public
property at the request of a constable, the fee described in paragraph (d) of
subsection 2 of NRS 258.125.
2. If the vehicle is appraised at a value
of $500 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage or automobile
wrecker may satisfy his or her lien by retaining the vehicle and obtaining a
certificate pursuant to NRS 487.880, if applicable,
or a salvage title as provided in NRS 487.810.
3. If the vehicle is appraised at a value
of more than $500 and is not reclaimed within 45 days, the owner of the garage
or automobile wrecker may satisfy his or her lien, in accordance with the
provisions of NRS 108.265 to 108.367, inclusive. Before such a person
may sell the vehicle, the person shall obtain a certificate pursuant to NRS 487.880, if applicable, or a salvage title as
provided in NRS 487.810.
4. If the vehicle was removed from public
property at the request of a constable and the owner of the garage or
automobile wrecker satisfies his or her lien pursuant to subsection 2 or 3, the
owner of the garage or automobile wrecker shall transmit to the constable the
fee described in paragraph (d) of subsection 2 of NRS 258.125.
(Added to NRS by 1967, 1601; A 1969, 770; 1973, 974; 1987, 1605; 1997, 1422; 1999, 1923; 2003, 474, 1918; 2007, 106)
NRS 487.281 Unlawful abandonment of vehicle.
1. A person shall not abandon a vehicle
upon any public highway or road.
2. A person shall not abandon a vehicle
upon public or private property without the express or implied consent of the
owner or person in lawful possession or control of the property.
(Added to NRS by 1973, 1064; A 1985, 341)
NRS 487.290 Unlawful possession of unregistered vehicles unfit for use;
exceptions.
1. Unless the person first obtains a
license pursuant to NRS 487.050 or 487.410, a person shall not for any reason keep more
than two unregistered vehicles on real property owned by or under possession or
control of the person if the vehicles are no longer intended for or in
condition for lawful use on the highway.
2. The provisions of subsection 1 do not
apply to:
(a) Premises used by a licensed dealer,
manufacturer, distributor or rebuilder.
(b) Vehicles to be restored or used as a source
of parts in conjunction with the operation or maintenance of a fleet of vehicles
for the carriage of persons or property.
(c) Premises used as a farm, ranch, mine or
repair shop for motor vehicles.
(d) Any person engaged in the restoration of one
or more vehicles entitled to registration as a Horseless Carriage or otherwise
having classic or historic significance.
(Added to NRS by 1973, 1064; A 1983, 1007; 1985, 342; 1987, 1605)
NRS 487.300 Penalty. Every
person who violates any provision of NRS 487.281 or
487.290 is guilty of a misdemeanor.
(Added to NRS by 1973, 1064)
SALVAGE POOLS
NRS 487.400 Definitions. As
used in NRS 487.400 to 487.510,
inclusive:
1. “Identifying card” means a card:
(a) Authorizing the holder to bid for the
purchase of vehicles from the operator of a salvage pool; and
(b) Containing the information required by NRS 487.070, 487.475 or 487.477.
2. “Salvage pool” means a business which
obtains motor vehicles from:
(a) Insurers and self-insurers for sale on
consignment or as an agent for the insurer or self-insurer if the vehicles are
acquired by the insurer or self-insurer as the result of a settlement for
insurance; or
(b) Licensed vehicle dealers, rebuilders, lessors
or wreckers for sale on consignment.
(Added to NRS by 1987, 1594; A 1989, 862; 1991, 527; 1997, 2862; 2009, 1745)
NRS 487.410 Unlawful to operate salvage pool without license; application
for 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. No person may operate a salvage pool
without first applying for and obtaining a license for that business from the
Department.
2. An application for a license must be
made on a form provided by the Department, include the social security number
of the applicant and be accompanied by such proof as the Department requires
that the applicant meets the statutory requirements to be an operator of a
salvage pool.
(Added to NRS by 1987, 1594; A 1997, 2080)
NRS 487.410 Unlawful to operate
salvage pool without license; application for 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. No person may operate a salvage pool
without first applying for and obtaining a license for that business from the
Department.
2. An application for a license must be
made on a form provided by the Department and accompanied by such proof as the
Department requires that the applicant meets the statutory requirements to be
an operator of a salvage pool.
(Added to NRS by 1987, 1594; A 1997, 2080,
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 487.420 Bond: Requirement; amount; application for compensation;
deposits in lieu of bond.
1. No applicant may be granted a license
to operate a salvage pool until he or she has procured and filed with the
Department a good and sufficient bond in the amount of $50,000, with a
corporate surety thereon licensed to do business in the State of Nevada,
approved as to form by the Attorney General, and conditioned that the applicant
conducts business as an operator of a salvage pool without fraud or fraudulent
representation, and without violation of the provisions of NRS 487.400 to 487.510,
inclusive. The Department may, by agreement with any operator of a salvage pool
who has been licensed by the Department for 5 years or more, allow a reduction
in the amount of his or her bond, if his or her business has been conducted
satisfactorily for the preceding 5 years, but no bond may be in an amount less
than $5,000.
2. The bond may 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.
3. The bond must provide that any person
injured by the action of the operator of the salvage pool in violation of any
of the provisions of NRS 487.400 to 487.510, inclusive, may apply to the Director for
compensation from the bond. The Director, for good cause shown and after notice
and opportunity for hearing, may determine the amount of compensation and the
person to whom it is to be paid. The surety shall then make the payment.
4. In lieu of a bond an operator of a
salvage pool may deposit with the Department, under the terms prescribed by the
Department:
(a) A like amount of money 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 this section and that this amount is unavailable for withdrawal
except upon order of the Department. Interest earned on the certificate accrues
to the account of the applicant.
5. A deposit made pursuant to subsection 4
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 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.
6. When a deposit is made pursuant to
subsection 4, 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
judgment of a court 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;
(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.
7. A deposit made pursuant to subsection 4
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.
8. Any money received by the Department
pursuant to subsection 4 must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund.
(Added to NRS by 1987, 1594; A 1993, 2345; 1999, 1504; 2009, 1746)
NRS 487.430 License to operate salvage pool: Application; issuance;
contents; posting; expiration; renewal. [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. The Department may approve or reject
the application for a license to operate a salvage pool. If the Department
receives the statement required pursuant to NRS 487.003
and approves the application, it shall issue to the applicant a license
containing the applicant’s name and address, the name under which the business
is to be conducted, the business address, and a distinguishing number assigned
to the applicant.
2. A licensee shall post the license in a
conspicuous place clearly visible to the general public at the business address
set forth on the license.
3. A license expires on April 30 of each
year.
4. A licensee may renew his or her license
by submitting to the Department:
(a) A completed application for renewal upon a
form supplied by the Department;
(b) The statement required pursuant to NRS 487.003; and
(c) The fee for renewal of a license provided in NRS 487.450.
(Added to NRS by 1987, 1595; A 1989, 2023; 1997, 147, 1516, 2080)
NRS 487.430 License to operate
salvage pool: Application; issuance; contents; posting; expiration; renewal.
[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. The Department may approve or reject
the application for a license to operate a salvage pool and, if approved, shall
issue to the applicant a license containing the applicant’s name and address,
the name under which the business is to be conducted, the business address, and
a distinguishing number assigned to the applicant.
2. A licensee shall post the license in a
conspicuous place clearly visible to the general public at the business address
set forth on the license.
3. A license expires on April 30 of each
year.
4. A licensee may renew his or her license
by submitting to the Department:
(a) A completed application for renewal upon a
form supplied by the Department; and
(b) The fee for renewal of a license provided in NRS 487.450.
(Added to NRS by 1987, 1595; A 1989, 2023; 1997, 147, 1516, 2080,
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 487.440 Applicant to furnish information concerning place of business. Before issuing a license to an operator of a
salvage pool, the Department shall require that the applicant furnish proof
that:
1. The applicant will conduct business
from a permanent enclosed building which the applicant owns or has leased;
2. The business will be located on at
least one-half of an acre of ground; and
3. The site for the business will be
surrounded by a screened fence at least 6 feet high.
(Added to NRS by 1987, 1595)
NRS 487.450 Fee for issuance or renewal of license to operate salvage pool;
disposition.
1. The Department shall charge and collect
a fee of $300 for the issuance or renewal of a license to operate a salvage
pool.
2. Fees collected by the Department
pursuant to this section must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund.
(Added to NRS by 1987, 1596; A 1989, 2024, 2043; 1991, 1778; 1997, 1372; 2003, 1918; 2007, 1232)
NRS 487.455 Operator of salvage pool to affix legible sign containing name
of business. At each of his or her
established places of business, an operator of a salvage pool 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.
(Added to NRS by 1997, 1515)
NRS 487.460 Operation of vehicles on highway without registration;
conditions. Any licensed operator
of a salvage pool who owns or controls any vehicle of a type required to be
registered pursuant to the laws of this State may operate or move that vehicle
upon the highways without subjecting the vehicle to registration if the
operation or movement is for the sole purpose of moving the vehicle from its
location to the established place of business of the licensee. The operator may
obtain license plates from the Department for the movement of such vehicles.
(Added to NRS by 1987, 1596)
NRS 487.470 Restrictions on purchase and sale of salvage vehicles;
registration with operator of salvage pool with whom bid is made for purchase
of vehicles required by certain persons; limitations on person issued
identifying card described in NRS 487.477.
1. Except as otherwise provided in
subsection 4, only a licensed automobile wrecker, dealer of new or used motor
vehicles or rebuilder or a person who has been issued an identifying card described
in NRS 487.477 may bid to purchase a vehicle from
an operator of a salvage pool, and the operator may only sell a vehicle to such
a person. An operator shall not accept a bid from:
(a) An automobile wrecker until the automobile
wrecker:
(1) Presents the card issued by the
Department pursuant to NRS 487.070 or other
identifying card; or
(2) If he or she is licensed or otherwise
authorized to operate as an automobile wrecker in another state or foreign
country, presents evidence of that licensure or authorization and has
registered with the operator pursuant to subsection 2;
(b) A dealer of new or used motor vehicles or a
rebuilder until the dealer or rebuilder:
(1) Presents the card issued by the
Department pursuant to NRS 487.475 or other
identifying card; or
(2) If he or she is licensed or otherwise
authorized to operate as a dealer of new or used motor vehicles or as a
rebuilder in another state or foreign country, presents evidence of that
licensure or authorization and has registered with the operator pursuant to
subsection 2; or
(c) A person who has been issued an identifying
card described in NRS 487.477:
(1) For a nonrepairable vehicle; or
(2) For any other vehicle, until the
person presents the identifying card.
2. Any automobile wrecker, dealer of new
or used motor vehicles or rebuilder who is licensed or otherwise authorized to
operate in another state or foreign country shall register with each operator
of a salvage pool with whom the wrecker, dealer or rebuilder bids to purchase
vehicles, by filing with the operator copies of his or her license or other
form of authorization from the other state or country, and his or her driver’s
license, business license, certificate evidencing the filing of a bond, resale
certificate and proof of social security or tax identification number, if such
documentation is required for licensure in the other state or country. Each
operator of a salvage pool shall keep such copies at his or her place of
business and in a manner so that they are easily accessible and open to
inspection by employees of the Department and to officers of law enforcement
agencies in this State.
3. Each person who has been issued an
identifying card described in NRS 487.477 shall
register with each operator of a salvage pool with whom the person bids to
purchase vehicles by filing with the operator copies of his or her driver’s
license, business license, if applicable, and proof of social security or tax
identification number. Each operator of a salvage pool shall keep such copies
at his or her place of business and in a manner so that they are easily
accessible and open to inspection by employees of the Department and to
officers of law enforcement agencies in this State.
4. A person who has been issued an
identifying card described in NRS 487.477 shall
not:
(a) Purchase more than three vehicles in any
calendar year from operators of salvage pools in this State;
(b) Purchase any such vehicle for resale;
(c) Bid on a nonrepairable vehicle; or
(d) Assist, solicit or conspire with another
person to commit any act prohibited by paragraph (a), (b) or (c).
(Added to NRS by 1987, 1596; A 1989, 862; 1995, 1575; 1997, 2862; 2001, 2554; 2009, 1747)
NRS 487.475 Card authorizing dealer of new or used motor vehicles or
rebuilder to bid for purchase of vehicle: Contents; quantity; issuance to
salesperson under certain circumstances; fee; expiration; disposition of fees.
1. A card authorizing a dealer of new or
used motor vehicles or a rebuilder to bid to purchase a vehicle from an
operator of a salvage pool must contain the dealer’s or rebuilder’s:
(a) Name and signature;
(b) Business name;
(c) Business address;
(d) Business license number issued by the
Department; and
(e) Picture.
2. A dealer or rebuilder may obtain one or
two cards for his or her business. If a dealer obtains two cards for his or her
business, one of the cards may be issued to a salesperson who is an employee of
the dealer and who is:
(a) Licensed pursuant to NRS 482.362; and
(b) Acting as an agent for the dealer in the
purchase of a vehicle from an operator of a salvage pool.
3. The Department shall charge a fee of
$50 for each card issued.
4. A card issued pursuant to this section
expires on December 31 of the year in which it was issued. The dealer or
rebuilder must submit to the Department an application for renewal accompanied
by a renewal fee of $25 for each card. The application must be made on a form
provided by the Department and contain such information as the Department
requires.
5. Fees collected by the Department
pursuant to this section must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund.
(Added to NRS by 1989, 861; A 1991, 1778; 1997, 1372; 2005, 1222; 2007, 1232)
NRS 487.477 Identifying card authorizing certain persons to purchase vehicle
other than nonrepairable vehicle from operator of salvage pool: Contents; fee;
expiration; disposition of fees.
1. An identifying card authorizing a
person other than a licensed automobile wrecker, dealer of new or used motor
vehicles or rebuilder to bid to purchase a vehicle other than a nonrepairable
vehicle from an operator of a salvage pool must contain the person’s:
(a) Name and signature;
(b) Personal address;
(c) Business name, if applicable;
(d) Business address, if applicable; and
(e) Picture.
2. The Department shall charge a fee of
$50 for each identifying card issued in accordance with this section.
3. An identifying card issued in
accordance with this section expires on December 31 of the year in which it is
issued. The person must submit to the Department an application for renewal
accompanied by a renewal fee of $25. The application must be made on a form
provided by the Department and contain such information as the Department
requires.
4. Fees collected by the Department
pursuant to this section must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund.
(Added to NRS by 2009, 1745)
NRS 487.478 Persons prohibited from applying for identifying card described
in NRS 487.477. A
person who is licensed as or who is required to be licensed as an automobile
wrecker, dealer of new or used motor vehicles or rebuilder shall not apply for
or obtain an identifying card described in NRS 487.477.
(Added to NRS by 2009, 1745)
NRS 487.480 Sale of vehicle as salvage; operator of pool to provide salvage
title to purchaser.
1. Before an operator of a salvage pool
sells any vehicle subject to registration pursuant to the laws of this State,
the operator must possess the certificate of title for a vehicle obtained
pursuant to subsection 3 of NRS 487.800 or the
salvage title for that vehicle. The Department shall not issue a certificate of
registration or certificate of title for a vehicle with the same identification
number if the vehicle was manufactured in the 5 years preceding the date on
which the salvage title was issued, unless the Department authorizes the
restoration of the vehicle pursuant to subsection 2 of NRS 482.553.
2. Upon sale of the vehicle, the operator
of the salvage pool shall provide a salvage title to the licensed automobile
wrecker, dealer of new or used motor vehicles or rebuilder or other person who
purchased the vehicle.
(Added to NRS by 1987, 1596; A 1989, 862; 1991, 1909; 1997, 2863; 1999, 620, 1923; 2003, 474, 1918; 2007, 227; 2009, 1748)
NRS 487.490 Denial, suspension or revocation of license to operate salvage
pool or refusal to renew: Grounds; hearings; reapplication; disclosure of
financial records.
1. The Department may refuse to issue a
license or may suspend, revoke or refuse to renew a license of an operator of a
salvage pool upon determining that the operator:
(a) Is not lawfully entitled to the license;
(b) Has made, or knowingly or negligently
permitted, any illegal use of that license;
(c) Made a material misstatement in any application;
(d) Willfully fails to comply with any provision
of NRS 487.400 to 487.510,
inclusive;
(e) Fails to discharge any final judgment entered
against the operator when the judgment arises out of any misrepresentation
regarding a vehicle;
(f) Fails to maintain any license or bond
required by a political subdivision of this State;
(g) Has been convicted of a felony;
(h) Has been convicted of a misdemeanor or gross
misdemeanor for a violation of a provision of this chapter;
(i) Fails or refuses to provide to the Department
an authorization for the disclosure of financial records for the business as
required pursuant to subsection 6; or
(j) Displays evidence of unfitness for a license
pursuant to NRS 487.165.
2. The applicant or licensee may, within
30 days after receipt of the notice of refusal to grant or renew or the
suspension or revocation of a license, petition the Department in writing for a
hearing.
3. Hearings under this section and appeals
therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. If an application for a license as an
operator of a salvage pool is denied, the applicant may not submit another
application for at least 6 months after the date of the denial.
5. The Department may refuse to review a
subsequent application for licensing submitted by any person who violates any
provision of NRS 487.400 to 487.510,
inclusive.
6. Upon the receipt of any report or
complaint that an applicant or a licensee has engaged in financial misconduct
or has failed to satisfy financial obligations related to the operation of a
salvage pool, 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 such an
authorization only to determine the suitability of the applicant or licensee
for initial or continued licensure. Information obtained pursuant to such an
authorization may be disclosed only to those employees of the Department who
are authorized to issue a license to an applicant pursuant to NRS 487.400 to 487.510,
inclusive, or to determine the suitability of an applicant or a licensee for
such licensure.
7. For the purposes of this section, the
failure to adhere to the directives of the Department advising the licensee of
noncompliance with any provision of NRS 487.400 to 487.510, inclusive, or regulations of the Department,
within 10 days after the receipt of those directives, is prima facie evidence
of willful failure to comply.
(Added to NRS by 1987, 1596; A 1997, 147; 2007, 3227, 3409; 2009, 1748)
NRS 487.492 License to issue identifying cards: Issuance to person licensed
to operate salvage pool; investigation of qualifications of applicant.
1. The Department may issue to a person
licensed to operate a salvage pool an additional license authorizing the holder
to issue identifying cards.
2. The Department shall investigate the
qualifications of an applicant for a license to issue identifying cards and
shall prescribe a form for reporting the result.
(Added to NRS by 1997, 2861)
NRS 487.493 License to issue identifying cards: Qualifications of applicant. In addition to the requirements set forth in NRS 487.420 to 487.450,
inclusive, and subject to the grounds for denial, suspension or revocation
pursuant to NRS 487.490, an applicant for a license
to issue identifying cards must:
1. Have been licensed to operate a salvage
pool for the 2-year period immediately preceding application for the additional
license.
2. Not have issued a check to the
Department for payment which was returned for insufficient funds.
3. Include a secure building within the
applicant’s facility.
(Added to NRS by 1997, 2861)
NRS 487.494 License to issue identifying cards: Bond; deposit in lieu of
bond.
1. Except as otherwise provided in
subsection 2, an applicant for a license to issue identifying cards shall file
with the Department a bond payable to the State of Nevada in the amount of
$10,000. The bond must be executed by the applicant as principal and by a
corporation qualified under NRS 100.065
as surety.
2. An applicant may, instead of filing a
bond, deposit $10,000 with the State Treasurer in any form authorized by NRS 100.065.
(Added to NRS by 1997, 2861)
NRS 487.495 License to issue identifying cards: Application; fee; issuance;
expiration; renewal.
1. An application for a license to issue
identifying cards must be filed upon a form supplied by the Department. If
considered necessary, the Department may require information in addition to
that required by the form.
2. A fee of $25 must accompany the
application.
3. Upon receipt of the application and
fee, and when satisfied that the applicant is entitled thereto, the Department
shall issue to the applicant a license to issue identifying cards containing
the name of the applicant and his or her established place of business.
4. 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 the
license accompanied by an annual fee of $25.
(Added to NRS by 1997, 2862)
NRS 487.496 Course of training required for certain employees of person
licensed to issue identifying cards. An
employee of a licensee whose duties include acting upon, issuing or renewing an
identifying card must complete a course of training offered by the Department.
(Added to NRS by 1997, 2862)
NRS 487.497 Records of person licensed to issue identifying cards: Maintenance;
contents; inspection; audit; location.
1. A person licensed to issue identifying
cards shall maintain a record of all fees collected and identifying cards
issued.
2. The record must contain:
(a) The name and signature of the licensed
automobile wrecker, vehicle dealer or rebuilder or other person from whom fees
were collected, the amount of fees collected and the number of identifying
cards issued or renewed.
(b) For each identifying card issued to an
automobile wrecker, vehicle dealer or rebuilder, the business name, address and
license number under which the automobile wrecker, vehicle dealer or rebuilder
is licensed by the Department.
(c) A photograph of the natural person to whom
the identifying card was issued.
3. The record must be open to inspection
during regular business hours by any peace officer or investigator of the
Department.
4. Upon request of the Department, a
person licensed to issue identifying cards shall allow the Department, or a
person designated by the Department, to conduct an audit of the person’s
records.
5. The records of the licensee must be
maintained at the licensed location.
(Added to NRS by 1997, 2862; A 2009, 1749)
NRS 487.500 Records required; inspection. Every
licensed operator of a salvage pool shall maintain a record of all vehicles he
or she sells. The record must contain the name and address of the person from
whom the vehicle was purchased or acquired and the date of the acquisition or
purchase, the name and address of the automobile wrecker, dealer of new or used
motor vehicles, rebuilder or other person to whom the vehicle was sold and the
date of the sale, the registration number last assigned to the vehicle and a
brief description of the vehicle, including, insofar as the information exists
with respect to a given vehicle, the make, type, serial number and motor
number, or any other number of the vehicle. The record must be open to
inspection during regular business hours by any peace officer or investigator
of the Department.
(Added to NRS by 1987, 1597; A 1989, 863; 2009, 1749)
NRS 487.505 Regulations. The
Department shall adopt regulations to carry out the provisions of NRS 487.400 to 487.510,
inclusive.
(Added to NRS by 2009, 1745)
NRS 487.510 Penalty. Any person
who violates any of the provisions of NRS 487.400
to 487.505, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1987, 1597; A 1997, 1516; 2009, 1750)
STANDARDS: REPAIRS; REBUILDING; SAFETY EQUIPMENT
NRS 487.520 Repair and rebuilding of vehicle to comply with industry
standards; repair or replacement of airbags and other safety equipment;
retention of written records.
1. Except as otherwise provided in
subsection 3, if a salvage vehicle is repaired or rebuilt by a garage operator
or operator of a body shop, the repairs or rebuilding must comply with the
standards published and commonly applied in the motor vehicle repair industry.
2. Except as otherwise provided in
subsection 3, if any safety equipment that was present in a motor vehicle at
the time it was manufactured is repaired or replaced by a garage operator or
operator of a body shop, the equipment must be repaired or replaced to the
standards published and commonly applied in the motor vehicle repair industry.
3. If a motor vehicle has been in an
accident and a garage operator or operator of a body shop accepts or assumes
control of the motor vehicle to make any repair, the garage operator or
operator of the body shop shall:
(a) For a motor vehicle that is equipped with an
airbag that has been deployed, replace the airbag in a manner that complies
with the standards set forth in 49 C.F.R. § 571.208, Standard No. 208, for such
equipment.
(b) For a motor vehicle that is equipped with a
seatbelt assembly which requires repair or replacement, repair or replace the
seatbelt assembly in a manner that complies with the standards set forth in 49
C.F.R. § 571.209, Standard No. 209, for such equipment.
4. A garage operator or operator of a body
shop who is licensed pursuant to the provisions of this chapter who performs
the work required pursuant to this section shall retain a written record of the
work, including, without limitation, the date of the repair, rebuilding or
replacement, and any identifying information regarding any parts or equipment
used in the repair, rebuilding or replacement.
(Added to NRS by 2003, 1908)
GARAGES, GARAGE OPERATORS AND BODY SHOPS
General Provisions
NRS 487.530 Definitions. As
used in NRS 487.530 to 487.690,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 487.532 to 487.553,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1368; A 1999, 436, 1897; 2001, 139, 140; 2003, 1919; 2009, 2534,
2705; 2013, 1977)
NRS 487.532 “Body shop” defined. “Body
shop” means any place where the body of a motor vehicle is painted, fixed,
repaired or replaced for compensation.
(Added to NRS by 2009, 2528,
2699)
NRS 487.540 “Garage” defined.
1. “Garage” means a business
establishment, sole proprietorship, firm, corporation, association or other
legal entity that performs any of the following services on motor vehicles:
(a) Repair or replacement of the:
(1) Engine;
(2) Brake system;
(3) Transmission system;
(4) Drivetrain system;
(5) Heating and air-conditioning system;
(6) Cooling system;
(7) Muffler and exhaust system;
(8) Electrical system;
(9) Electrical charging system; or
(10) Fuel injection or carburetion system;
(b) Engine tune up;
(c) Diagnostic testing;
(d) Alignment; or
(e) Oil change and lubrication.
2. “Garage” does not include a business
establishment, sole proprietorship, firm, corporation, association or other
legal entity that does not perform services on motor vehicles for members of
the general public.
(Added to NRS by 1997, 1368; A 2007, 3228)
NRS 487.545 “Garage operator” defined. “Garage
operator” means a person who:
1. Owns, operates, controls or manages a
garage; or
2. Is authorized to repair motor vehicles
at a garage that is owned, operated, controlled or managed by another person.
(Added to NRS by 1997, 1368)
NRS 487.550 “Motor vehicle” defined. “Motor
vehicle” means:
1. A passenger car as defined in NRS 482.087;
2. A mini motor home as defined in NRS 482.066;
3. A motor home as defined in NRS 482.071;
4. A recreational vehicle as defined in NRS 482.101;
5. A motortruck as defined in NRS 482.073 if the gross weight of the
vehicle is 10,000 pounds or less;
6. A motorcycle as defined in NRS 482.070; and
7. A trimobile as defined in NRS 482.129.
(Added to NRS by 1997, 1369; A 2007, 3229)
NRS 487.553 “Person authorizing repairs” defined. “Person
authorizing repairs” means a person who uses the services of a garage. The term
includes an insurance company, its agents or its representatives authorizing
repairs to motor vehicles under a policy of insurance.
(Added to NRS by 2009, 2528,
2699)
NRS 487.555 Applicability. The
provisions of NRS 487.530 to 487.690,
inclusive, do not apply to a service station that is exclusively engaged in the
business of selling motor vehicle fuel, lubricants or goods unrelated to the
repair of motor vehicles.
(Added to NRS by 1997, 1369; A 2001, 967; 2009, 2534,
2705)
NRS 487.557 Submission of annual report by Director to Legislature
concerning garages, garage operators and body shops.
1. On or before January 1 of each year,
the Director of the Department shall prepare a report concerning garages,
garage operators and body shops. The report must include:
(a) The number of complaints relating to garages,
garage operators and body shops made to and acted upon by the Department during
the year for which the report is prepared;
(b) The number of investigations conducted during
that year by the Department relating to garages, garage operators and body
shops; and
(c) The outcome of each investigation specified
in paragraph (b) and the extent to which any information relating to each
investigation is subject to disclosure to the members of the public.
2. On or before January 1 of each
even-numbered year, the Director of the Department shall submit the report
required pursuant to subsection 1 to the Legislative Commission. On or before
January 1 of each odd-numbered year, the Director of the Department shall submit
the report to the Director of the Legislative Counsel Bureau for transmittal
to:
(a) The Senate Standing Committee on Energy,
Infrastructure and Transportation; and
(b) The Assembly Standing Committee on
Transportation.
(Added to NRS by 2009, 2532,
2703)
Garages and Garage Operators
NRS 487.560 Registration for authorization to operate garage: Application;
fee; waiver of fee; deposit of collected fees; applicant to notify Department
of material change in information.
1. On and after January 1, 1998, a garage
operator shall register with the Department for authorization to operate a
garage.
2. An application for registration must be
on a form provided by the Department. The application must include:
(a) The name of the applicant, including each
name under which the applicant intends to do business;
(b) The complete street address of each location
from which the applicant will be conducting business, including a designation
of the location that will be the applicant’s principal place of business;
(c) A copy of the business license for each
garage operated by the applicant if the county or city in which the applicant
operates a garage requires such a license;
(d) The type of repair work offered at each
garage operated by the applicant;
(e) The number of mechanics employed at each
garage operated by the applicant; and
(f) Any other information required by the
Department.
3. Except as otherwise provided in this
subsection, for each garage operated by an applicant, the Department shall
charge a fee of $25 for the issuance or renewal of registration. If an
applicant operates more than one garage, the applicant may file one application
if he or she clearly indicates on the application the location of each garage
operated by the applicant and each person responsible for the management of
each garage. The Department shall waive the fee for the issuance or renewal of
registration for a person that is licensed as:
(a) An authorized inspection station, authorized
maintenance station or authorized station pursuant to chapter 445B of NRS;
(b) A manufacturer, distributor, dealer or
rebuilder pursuant to chapter 482 of NRS; or
(c) An automobile wrecker, salvage pool or body
shop pursuant to this chapter.
4. All fees collected by the Department
pursuant to this section must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund.
5. An applicant for registration or
renewal of registration shall notify the Department of any material change in
the information contained in the application for registration or renewal within
10 days after knowledge of the change.
(Added to NRS by 1997, 1369; A 1999, 436, 1898; 2001, 139, 968; 2007, 1233, 3410)
NRS 487.563 Registration for authorization to operate garage: Filing of bond
or deposit of money or securities in lieu of bond; disbursal or release of
deposit under certain circumstances; revocation of or refusal to renew
certificate for failure to perform certain acts; reinstatement.
1. Each person who submits an application
for registration pursuant to the provisions of NRS
487.560 shall file with the Department a bond in the amount of $5,000, with
a corporate surety for the bond that is licensed to do business in this State.
The form of the bond must be approved by the Attorney General and be
conditioned upon whether the applicant conducts business as an owner or
operator of a garage without fraud or fraudulent representation and in
compliance with the provisions of NRS 487.530 to 487.690, inclusive.
2. 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.
3. The bond must provide that any person
injured by the action of the garage operator may:
(a) Apply to the Director for compensation from
the bond. The Director, for good cause shown and after notice and opportunity
for hearing, may determine the amount of compensation and the person to whom it
is to be paid. The surety shall then make payment.
(b) Present to the Director an order of a court
requiring the Director to pay to the person an amount of compensation from the
bond. The Director shall inform the surety, and the surety shall then make
payment.
4. In lieu of a bond required to be filed
pursuant to the provisions of subsection 1, a person may deposit with the
Department, pursuant to the terms prescribed by the Department:
(a) A like amount of money 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 or savings
and loan association located in this State, which must indicate an account of
an amount equal to the amount of the bond that would otherwise be required
pursuant to this section and that the amount is unavailable for withdrawal
except upon order of the Department. Interest earned on the certificate accrues
to the account of the applicant.
5. A deposit made pursuant to subsection 4
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 garage operator or released upon receipt
of:
(a) An order of a court requiring the Director to
release all or a specified portion of the deposit; or
(b) A statement signed by the person under whose
name the deposit is made and acknowledged before any person authorized to take
acknowledgments in this State, requesting that the Director release the
deposit, or a specified portion thereof, and stating the purpose for which the
release is requested.
6. If a person fails to comply with an
order of a court that relates to the repair of a motor vehicle, or fails to pay
or otherwise discharge any final judgment rendered and entered against the
person or any court order issued and arising out of the repair of a motor
vehicle in the operation of a garage, the Department shall revoke or refuse to
renew the certificate of registration of the person who failed to comply with
the order or satisfy the judgment.
7. The Department may reinstate or renew a
certificate of registration that is revoked pursuant to the provisions of
subsection 6 if the person whose certificate of registration is revoked
complies with the order of the court.
8. A garage operator whose registration
has been revoked pursuant to the provisions of subsection 6 shall furnish to
the Department a bond in the amount specified in subsection 1 before the
reinstatement of his or her registration.
(Added to NRS by 1999, 1896; A 2001, 968, 1286; 2003, 35, 42; 2007, 3229, 3411; 2009, 2534,
2705)
NRS 487.564 Registration for authorization to operate garage: Refusal to
issue, suspension or revocation of, or refusal to renew; grounds; certain
persons prohibited from employment by or affiliation with garage subject to
registration.
1. The Department may refuse to issue a
registration or may suspend, revoke or refuse to renew a registration to
operate a garage upon any of the following grounds:
(a) A false statement of a material fact in a
certification for a salvage vehicle required pursuant to NRS
487.800.
(b) A false statement or certification for an
inspection pursuant to NRS 487.800 which attests to
the mechanical fitness or safety of a salvage vehicle.
(c) The Director determines that the garage or
garage operator has engaged in a deceptive trade practice or violated the
provisions of NRS 487.6871 to 487.6897, inclusive.
(d) Evidence of unfitness of the applicant or
registrant pursuant to NRS 487.165.
(e) A violation of any regulation adopted by the
Department governing the operation of a garage.
(f) A violation of any statute or regulation that
constitutes fraud in conjunction with the repair of a motor vehicle or
operation of a garage.
2. A person for whom a certificate of
registration has been suspended or revoked pursuant to the provisions of this
section, subsection 6 of NRS 487.563 or similar
provisions of the laws of any other state or territory of the United States
shall not be employed by, or in any manner affiliated with, the operation of a
garage subject to registration in this State.
3. As used in this section, “salvage
vehicle” has the meaning ascribed to it in NRS 487.770.
(Added to NRS by 2003, 1911; A 2007, 3230, 3412; 2009, 2535,
2706)
NRS 487.565 Certificate of registration to operate garage: Issuance;
contents; validity; renewal.
1. If the Department receives an
application for registration that contains the information required by NRS 487.560, it shall issue to the applicant a
certificate of registration for each garage operated by the applicant. The
certificate must contain the name of the applicant, the name under which the
applicant’s business will be conducted, the address of the business and the
registration number for the garage.
2. A certificate of registration is valid
for 1 year after the date of issuance. A garage operator may renew his or her
registration by submitting to the Department:
(a) An application for renewal on a form provided
by the Department; and
(b) Except as otherwise provided in NRS 487.560, the fee for renewal set forth in that
section.
(Added to NRS by 1997, 1370; A 1999, 1899; 2001, 969; 2007, 3413)
NRS 487.5653 Certificate of registration to operate garage: Temporary
suspension of or refusal to renew; notice and hearing. If
the Director finds that the action is necessary in the public interest, the
Director may, upon notice to the garage operator, temporarily suspend or refuse
to renew the certificate of registration to operate a garage for not more than
30 days. The Department shall conduct a hearing and issue a final decision on
the matter within 30 days after it sends notice to the garage operator of the
temporary suspension.
(Added to NRS by 2003, 1911)
NRS 487.5657 Hearings: Issuance of subpoenas. In
any hearing conducted by the Department concerning the registration of a
garage, the Director may issue subpoenas for the attendance of witnesses and
the production of evidence.
(Added to NRS by 2003, 1911)
NRS 487.567 Garage operator prohibited from enforcing lien or suing on
contract for cost of repairs if garage operator fails to obtain or renew
certificate of registration to operate garage or fails to maintain required
bond. A garage operator who
knowingly fails to obtain a certificate of registration pursuant to the
provisions of NRS 487.560 or to renew that
registration pursuant to the provisions of NRS 487.565
or maintain in continuous effect the bond required pursuant to the provisions
of NRS 487.563 may not:
1. Enforce a lien for the cost of repairs
made by the garage operator to a motor vehicle during the period in which the
garage operator failed to obtain or renew the certificate of registration or
maintain the bond in continuous effect; or
2. Sue on any contract for those repairs
made during that period.
(Added to NRS by 1999, 1896)
Body Shops
NRS 487.600 Definitions. As
used in NRS 487.600 to 487.687,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 487.604, 487.606
and 487.608 have the meanings ascribed to them in
those sections.
(Added to NRS by 1987, 1597; A 1989, 2043; 1993, 2347; 2007, 407, 3431; 2009, 2535,
2706)
NRS 487.604 “Class A certificate” defined. “Class
A certificate” means a certificate issued to a licensed body shop that has been
granted Class A certification status with the Department pursuant to NRS 487.652.
(Added to NRS by 2007, 3429)
NRS 487.606 “Class A certification” defined. “Class
A certification” means a designation granted to a licensed body shop by the
Department indicating that the body shop meets the criteria set forth in NRS 487.652 and any criteria established in
regulations adopted pursuant to NRS 487.654.
(Added to NRS by 2007, 3429)
NRS 487.608 “Garagekeepers’ insurance” defined. “Garagekeepers’
insurance” means insurance which protects an operator of a body shop against
liability for damage to a vehicle in the care, custody or control of the body
shop.
(Added to NRS by 2007, 3429)
NRS 487.610 Unlawful to operate body shop without license; investigation of
applicant.
1. No person may operate a body shop
without first applying for and obtaining a license to do so from the
Department.
2. The Department shall investigate any
applicant for a license to operate a body shop and report the results of its
investigation on a form provided by the Department.
(Added to NRS by 1987, 1597)
NRS 487.615 Licensed operator of body shop may operate or move unregistered
vehicle on highways under certain conditions.
1. Any licensed operator of a body shop
who owns or controls any vehicle of a type required to be registered pursuant
to the laws of this State may operate or move that vehicle upon the highways
without subjecting the vehicle to registration if the operation or movement is
for the sole purpose of moving the vehicle:
(a) From its location to the established place of
business of the licensee; or
(b) From the place of business of the licensee to
the established place of business of a person with whom the licensee has
contracted for the performance of specialized repairs.
2. The operator shall obtain license
plates from the Department for the movement of such vehicles. The fees charged
for such plates must be the same as those fees listed in NRS 482.490.
(Added to NRS by 1989, 2043)
NRS 487.620 Operator of body shop to maintain established place of business
and affix legible sign containing name of business. An
operator of a body shop shall:
1. Maintain an established place of
business in this State which includes a permanent enclosed building owned in
fee or leased by the operator with sufficient space to conduct safely the
operations of the body shop.
2. At each of the operator’s established
places of business, 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.
(Added to NRS by 1987, 1598; A 1997, 1517)
NRS 487.630 License: Application; fee; issuance; contents; posting;
inclusion of license number in certain documents; expiration; renewal.
[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 to operate
a body shop must be filed with the Department upon forms supplied by the
Department. The application must include the social security number of the
applicant and must be accompanied by such proof as the Department requires to
demonstrate that the applicant meets the statutory requirements to operate a
body shop.
2. The Department shall charge a fee of
$300 for the issuance or renewal of a license to operate a body shop. Fees
collected by the Department pursuant to this subsection must be deposited with
the State Treasurer for credit to the Motor Vehicle Fund.
3. Upon receipt of the application and the
statement required pursuant to NRS 487.003 and when
satisfied that the applicant is entitled thereto, the Department shall issue to
the applicant a license to operate a body shop. The license must contain the
name and the address of the body shop and the name of the operator.
4. Upon receipt of the license, the
operator shall post the license in a conspicuous place clearly visible to the
general public in the body shop and include the license number on all estimates
and invoices for repairs.
5. A license expires on April 30 of each
year.
6. A licensee may renew his or her license
by submitting to the Department:
(a) A completed application for renewal upon a
form supplied by the Department;
(b) The statement required pursuant to NRS 487.003;
(c) Evidence satisfactory to the Department that
the licensee has completed and electronically submitted, within 60 days
immediately preceding the date of the submission of the application for
renewal, the survey required pursuant to NRS 487.685;
and
(d) The fee for renewal of a license provided in
subsection 2.
(Added to NRS by 1987, 1598; A 1989, 1002, 2024; 1991, 1779; 1997, 148, 1373, 1376, 1517, 2081; 2007, 407, 1233)
NRS 487.630 License: Application;
fee; issuance; contents; posting; inclusion of license number in certain
documents; expiration; renewal. [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 to operate
a body shop must be filed with the Department upon forms supplied by the
Department. The application must be accompanied by such proof as the Department
requires to demonstrate that the applicant meets the statutory requirements to
operate a body shop.
2. The Department shall charge a fee of
$300 for the issuance or renewal of a license to operate a body shop. Fees
collected by the Department pursuant to this subsection must be deposited with
the State Treasurer for credit to the Motor Vehicle Fund.
3. Upon receipt of the application and
when satisfied that the applicant is entitled thereto, the Department shall
issue to the applicant a license to operate a body shop. The license must
contain the name and the address of the body shop and the name of the operator.
4. Upon receipt of the license, the
operator shall post the license in a conspicuous place clearly visible to the
general public in the body shop and include the license number on all estimates
and invoices for repairs.
5. A license expires on April 30 of each
year.
6. A licensee may renew his or her license
by submitting to the Department:
(a) A completed application for renewal upon a
form supplied by the Department;
(b) Evidence satisfactory to the Department that
the licensee has completed and electronically submitted, within 60 days
immediately preceding the date of the submission of the application for
renewal, the survey required pursuant to NRS 487.685;
and
(c) The fee for renewal of a license provided in
subsection 2.
(Added to NRS by 1987, 1598; A 1989, 1002, 2024; 1991, 1779; 1997, 148, 1373, 1376, 1517, 2081; 1999, 457; 2007, 407, 1233, 1234,
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 487.640 Bond: Requirement; amount; application for compensation;
deposits in lieu of bond.
1. No license may be issued to an operator
of a body shop until the operator procures and files with the Department a good
and sufficient bond in the amount of $10,000, with a corporate surety thereon
licensed to do business in the State of Nevada, approved as to form by the
Attorney General, and conditioned that the applicant shall conduct business as
an operator of a body shop without fraud or fraudulent representation, and in
compliance with the provisions of NRS 487.530 to 487.690, inclusive. The Department may, by agreement
with any operator of a body shop who has been licensed by the Department for 5
years or more, allow a reduction in the amount of the bond of the operator, if
the business of the operator has been conducted satisfactorily for the
preceding 5 years, but no bond may be in an amount less than $1,000.
2. The bond may 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.
3. The bond must provide that any person
injured by the action of the operator of the body shop in violation of any of
the provisions of NRS 487.530 to 487.690, inclusive, may apply to the Director for
compensation from the bond. The Director, for good cause shown and after notice
and opportunity for hearing, may determine the amount of compensation and the
person to whom it is to be paid. The surety shall then make the payment.
4. In lieu of a bond an operator of a body
shop may deposit with the Department, under the terms prescribed by the Department:
(a) A like amount of money 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 this section and that this amount is unavailable for withdrawal
except upon order of the Department. Interest earned on the certificate accrues
to the account of the applicant.
5. A deposit made pursuant to subsection 4
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) An order of a court requiring the Director to
release all or a specified portion of the deposit; or
(b) A statement signed by the person 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.
6. When a deposit is made pursuant to
subsection 4, 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
judgment of a court 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;
(b) Restores the deposit with the Department to
the original amount required under this section; or
(c) Satisfies the outstanding judgment for which
he or she is liable under the deposit.
7. A deposit made pursuant to subsection 4
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.
8. Any money received by the Department
pursuant to subsection 4 must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund.
(Added to NRS by 1987, 1598; A 1989, 2043; 1993, 2347; 1999, 1505; 2007, 3413; 2009, 2535,
2707)
NRS 487.650 Denial, suspension or revocation of license or refusal to renew:
Grounds; disclosure of financial records.
1. The Department may refuse to issue a
license or may suspend, revoke or refuse to renew a license to operate a body
shop upon any of the following grounds:
(a) Failure of the applicant or licensee to have
or maintain an established place of business in this State.
(b) Conviction of the applicant or licensee or an
employee of the applicant or licensee of a felony, or of a misdemeanor or gross
misdemeanor for a violation of a provision of this chapter.
(c) Any material misstatement in the application
for the license.
(d) Willful failure of the applicant or licensee
to comply with the motor vehicle laws of this State and NRS
487.530 to 487.690, inclusive.
(e) Failure or refusal by the licensee to pay or
otherwise discharge any final judgment against the licensee arising out of the
operation of the body shop.
(f) Failure or refusal to provide to the
Department an authorization for the disclosure of financial records for the
business as required pursuant to subsection 2.
(g) A finding of guilty or guilty but mentally
ill by a court of competent jurisdiction in a case involving a fraudulent
inspection, purchase, sale or transfer of a salvage vehicle by the applicant or
licensee or an employee of the applicant or licensee.
(h) An improper, careless or negligent inspection
of a salvage vehicle pursuant to NRS 487.800 by the
applicant or licensee or an employee of the applicant or licensee.
(i) A false statement of material fact in a
certification of a salvage vehicle pursuant to NRS
487.800 or a record regarding a salvage vehicle by the applicant or
licensee or an employee of the applicant or licensee.
(j) The display of evidence of unfitness for a
license pursuant to NRS 487.165.
2. 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
operation of a body shop, 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 such
an authorization only to determine the suitability of the applicant or licensee
for initial or continued licensure. Information obtained pursuant to such an
authorization may be disclosed only to those employees of the Department who
are authorized to issue a license to an applicant pursuant to NRS 487.600 to 487.687,
inclusive, or to determine the suitability of an applicant or a licensee for
licensure.
3. As used in this section, “salvage
vehicle” has the meaning ascribed to it in NRS 487.770.
(Added to NRS by 1987, 1599; A 1989, 2045; 1997, 148; 2003, 1919; 2007, 225, 1459, 3231, 3415, 3431; 2009, 2537,
2708)
NRS 487.652 Class A certification: Eligibility. To
be eligible for Class A certification, a licensed body shop must:
1. Comply with local zoning laws and
possess all required local, state and federal licenses and permits.
2. Possess garagekeepers’ and workers’
compensation insurance.
3. Provide employees with continuing
education and training in subjects and for periods of time as prescribed by
regulation.
4. Have the ability to:
(a) Obtain proper specifications for each vehicle
being repaired;
(b) Make three-dimensional measurements that are
verified by a computer of each vehicle being repaired; and
(c) Hoist a vehicle for inspection.
5. Perform a wide range of services for
vehicles being repaired, including, without limitation:
(a) Alignment of the wheels of a vehicle that is
verified by a computer;
(b) Stabilization of a vehicle through the use of
a four-point anchoring system;
(c) Simultaneous adjustment of the exterior and
undercarriage of a vehicle;
(d) Removal and reinstallation of a frame,
suspension, engine or drivetrain component;
(e) Painting the exterior of a vehicle with a
system for applying paint that provides a finish similar to the finish applied
by the manufacturer;
(f) Inspection of airbags and other occupant
restraint devices to the specifications of the manufacturer; and
(g) Welding, by a certified technician, with a
gas metal arc welder or an inverter welder, as appropriate.
6. Adhere to current federal, state and
local safety requirements by:
(a) Performing repairs on an air-conditioning
system using equipment approved by the United States Environmental Protection
Agency;
(b) Performing repairs with emission-reducing
equipment, as prescribed by regulation;
(c) Performing repairs with equipment that meets
all safety requirements as prescribed by regulation; and
(d) Disposing of hazardous waste as prescribed by
regulation.
7. Ensure customer satisfaction by
providing to each customer:
(a) A computer-generated estimate of repairs; and
(b) A written, limited lifetime warranty that is
valid against workmanship defects.
8. Have a system for documenting and
maintaining customer complaints and responses to service.
(Added to NRS by 2007, 3429)
NRS 487.654 Class A certification: Regulations.
1. The Department shall adopt regulations
establishing the requirements for continuing education and training required by
subsection 3 of NRS 487.652.
2. The Department may adopt such
regulations as it deems necessary to carry out the provisions of this section
and NRS 487.652 and 487.656.
(Added to NRS by 2007, 3430)
NRS 487.656 Class A certification: Application; inspection; fee; issuance
and renewal; contents of certificate; expiration.
1. An application for a Class A
certification or for the renewal of such a certification must be filed with the
Department upon forms supplied by the Department. The application must be
accompanied by such proof as the Department requires to demonstrate that the
applicant is in compliance with all criteria set forth in NRS 487.652 and any regulations adopted pursuant
thereto.
2. Before a Class A certificate is issued
to a licensed body shop, the Department must inspect the body shop to ensure
that the body shop meets or exceeds the requirements set forth in NRS 487.652 and any regulations adopted pursuant
thereto.
3. The Department shall notify a licensed
body shop at least 72 hours before an inspection is performed pursuant to
subsection 2.
4. The Department shall charge an
application fee of $300 for the issuance or renewal of a Class A certificate
which must be submitted with the application. Fees collected by the Department
pursuant to this subsection must be deposited with the State Treasurer for
credit to the Motor Vehicle Fund.
5. Upon receipt of the application and the
required fee, and when satisfied that the applicant meets or exceeds the requirements
set forth in NRS 487.652 and any regulations
adopted pursuant thereto, the Department must issue to the licensed body shop a
Class A certificate or renew such certification. The certificate must contain
the name and the address of the licensed body shop and the name of the operator
of the licensed body shop.
6. A Class A certificate expires on April
30 of each year.
(Added to NRS by 2007, 3430)
NRS 487.660 Temporary suspension of or refusal to renew license or Class A
certificate; notice; hearing; regulations; automatic revocation of Class A certificate
under certain circumstances.
1. If the Director finds that the action
is necessary in the public interest, upon notice to the licensee, the Director
may:
(a) Temporarily suspend or refuse to renew the
license to operate a body shop for not more than 30 days.
(b) Temporarily suspend or refuse to renew a
Class A certificate of a licensed body shop for not more than 30 days.
2. The Department shall conduct a hearing
and issue a final decision on the matter within 30 days after it sends notice of
the temporary suspension of a license or a Class A certificate, or both.
3. The Department shall adopt regulations:
(a) Prescribing the circumstances under which the
Department may suspend or refuse to renew a Class A certificate; and
(b) Providing an appeals process for an operator
of a licensed body shop whose Class A certificate has been suspended or has not
been renewed.
4. A Class A certificate must be
automatically revoked by the Department if the license to operate the body shop
is suspended or revoked pursuant to NRS 487.650.
(Added to NRS by 1987, 1599; A 2007, 3432)
NRS 487.670 Subpoenas. In any
hearing conducted by the Department concerning the licensing of body shops, the
Director may issue subpoenas for the attendance of witnesses and the production
of evidence.
(Added to NRS by 1987, 1600)
NRS 487.680 Licensee to inform Department of changes concerning operation of
body shop; books and records.
1. Any person licensed to operate a body
shop shall inform the Department of the location of each place at which the
person conducts business and the name under which the person does business at
each location.
2. If a licensee does business at more
than one location, the licensee shall designate one location as his or her
principal place of business.
3. If a licensee changes the name or
location of any of his or her established places of business, the licensee
shall notify the Department of the change within 10 days after the change.
4. Every licensee shall keep his or her
books and records at his or her principal place of business and shall permit
any authorized agent of the Director to inspect them during usual business
hours. The records must include the year, make, model and identification number
of each motor vehicle which the body shop repairs, and the source of the parts
purchased or otherwise acquired for the repair of each vehicle.
(Added to NRS by 1987, 1600)
NRS 487.685 On-line survey: Completion by body shop; form; contents;
availability to public.
1. A body shop licensed in this State must
complete an on-line survey within 60 days immediately preceding the date of the
submission of the application for renewal of the license of the body shop.
2. The Department shall conduct the survey
by providing a form on its website or other Internet site to be completed by
each body shop and submitted electronically to the Department.
3. Each survey must include, without
limitation:
(a) The name and address of the body shop;
(b) The labor rate charged by the body shop;
(c) The vehicle storage rate charged by the body
shop, if any, both for indoor storage and outdoor storage, if those rates
differ; and
(d) Any other information the Department deems
necessary.
4. The information obtained from each
survey must be available to the public on-line not more than 30 days after the
renewal of the body shop’s license.
(Added to NRS by 2007, 406; A 2013, 1977)
NRS 487.686 On-line survey: Compilation of results; contents of report;
availability to public.
1. The Department must compile the results
of each survey completed pursuant to NRS 487.685 in
a report which must be made available to the public on-line. The report must
include, without limitation:
(a) The names and addresses of all body shops
that complete the survey;
(b) For body shops in a specific geographic area
as established by the Department:
(1) The prevailing labor rate;
(2) The prevailing indoor vehicle storage
rate; and
(3) The prevailing outdoor vehicle storage
rate; and
(c) Any other information the Department deems
necessary.
2. As used in this section:
(a) “Prevailing indoor vehicle storage rate”
means the average daily charge for storing a motor vehicle indoors, as reported
in the survey for a specific geographic area.
(b) “Prevailing labor rate” means the average
labor rate, as reported in the survey for a specific geographic area.
(c) “Prevailing outdoor vehicle storage rate”
means the average daily charge for storing a motor vehicle outdoors, as
reported in the survey for a specific geographic area.
(Added to NRS by 2007, 406; A 2013, 1977)
NRS 487.687 Verification of licensure by way of Internet. The Department shall provide a method on its
website or other Internet site by which a person may verify the license of a
body shop.
(Added to NRS by 2007, 407)
Storage of Vehicles
NRS 487.68701 Imposition of reasonable charge authorized; exceptions; hearing
regarding relief from limitation on charge.
1. Except as otherwise provided in NRS 487.6881, a body shop may impose a reasonable
charge for storage of a motor vehicle that is in the possession of the body
shop except that no such charge may be imposed:
(a) For any day when the motor vehicle is being
repaired, inspected, test driven or otherwise worked on by the body shop;
(b) For any day when the motor vehicle is being
inspected, test driven or otherwise worked on by the insurer of the motor
vehicle or by the body shop at the request of the insurer of the vehicle;
(c) For 24 hours after the person who authorized
the repair of the motor vehicle has been notified that the repairs are
completed; and
(d) For any day that the motor vehicle is not
being repaired, inspected, test driven or otherwise worked on due to a delay
caused by anyone other than the owner of the motor vehicle, except that if the
delay is due to the failure of the insurer to respond to a request by the body
shop for inspection, authorization or other service by the insurer, a storage
charge may be imposed 24 hours after the body shop made the request of the
insurer.
2. Except as otherwise provided in
subsection 3, the rate charged by a body shop for storage of a motor vehicle
pursuant to subsection 1 shall be deemed reasonable if it does not exceed an
amount equal to one and one-half times the prevailing storage rates for the
specific geographic area in which the body shop is located, as made available
to the public pursuant to NRS 487.686.
3. A body shop that wishes to impose a
charge for storage of a motor vehicle which exceeds the amount allowable
pursuant to subsection 2 may petition the Department in writing for a hearing.
The Department shall conduct a hearing within 30 days after receipt of the
petition, or as soon thereafter as is practicable, which, if practicable, must
be conducted in the county where the body shop is located. The scope of the
hearing must be limited to evidence presented by the body shop of good cause to
impose a charge for storage of a motor vehicle which exceeds the amount
otherwise allowable pursuant to subsection 2. The hearing officer shall render
his or her determination not later than 10 days after the date of the hearing.
The decision of the hearing officer pursuant to this subsection is a final
decision for purposes of judicial review.
(Added to NRS by 2013, 1975)
NRS 487.68703 Duties of body shop if motor vehicle towed at request of someone
other than owner.
1. If a motor vehicle is towed to a body
shop at the request of someone other than the registered owner of the motor
vehicle, the body shop shall use all resources reasonably necessary, as
evidenced by written documentation, to obtain the identity of the owner and any
other necessary information from the agency charged with the registration of
the motor vehicle in this or any other state and:
(a) Notify the registered owner of the location
of the vehicle.
(b) Provide the registered owner with the
information required pursuant to NRS 487.6874.
2. Any charge imposed for storage of a
motor vehicle pursuant to this section must meet the requirements of NRS 487.68701.
(Added to NRS by 2013, 1976)
Automotive Repairs
NRS 487.6871 Display of sign by garage operator and body shop required;
penalty.
1. Each garage operator shall display
conspicuously in those areas of his or her place of business frequented by
persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28
inches in size, setting forth in boldface letters the following:
STATE
OF NEVADA
REGISTERED
GARAGE
THIS
GARAGE IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES
NEVADA
AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS AS A CUSTOMER IN NEVADA:
YOU have the right to receive
repairs from a business that is REGISTERED with the
Department of Motor Vehicles that will ensure the proper repair of your
vehicle. (NRS 487.6871)
YOU have the right to receive
a WRITTEN ESTIMATE of charges for repairs made to your
vehicle which exceed $50. (NRS 487.6875)
YOU have the right to read
and understand all documents and warranties BEFORE YOU SIGN THEM.
(NRS 487.6871)
YOU have the right to INSPECT
ALL REPLACED PARTS and accessories that are covered by a warranty
and for which a charge is made. (NRS 487.6883)
YOU have the right to request
that all replaced parts and accessories that are not covered by a warranty BE
RETURNED TO YOU AT THE TIME OF SERVICE. (NRS
487.6883)
YOU have the right to require
authorization BEFORE any additional repairs are made to
your vehicle if the charges for those repairs exceed 20% of the original
estimate or $100, whichever is less. (NRS 487.6877)
YOU have the right to receive
a COMPLETED STATEMENT OF CHARGES for repairs made to your
vehicle. (NRS 487.6893)
FOR
MORE INFORMATION PLEASE CONTACT:
THE
DEPARTMENT OF MOTOR VEHICLES
2. Each body shop shall display
conspicuously in those areas of its place of business frequented by persons
seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches
in size, setting forth in boldface letters the following:
STATE
OF NEVADA
LICENSED
BODY SHOP
THIS
BODY SHOP IS LICENSED BY THE DEPARTMENT OF MOTOR VEHICLES
NEVADA
AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS AS A CUSTOMER IN NEVADA:
YOU have the right to receive
repairs from a business that is LICENSED with the
Department of Motor Vehicles that will ensure the proper repair of your
vehicle. (NRS 487.6871)
YOU have the right to receive
a WRITTEN ESTIMATE of charges for repairs made to your
vehicle which exceed $50 and, if any, the rate of and circumstances under which
you will be charged more than $50 for the storage of your vehicle. (NRS 487.6875)
YOU have the right to read
and understand all documents and warranties BEFORE YOU SIGN THEM.
(NRS 487.6871)
YOU have the right to INSPECT
ALL REPLACED PARTS and accessories that are covered by a warranty
and for which a charge is made. (NRS 487.6883)
YOU have the right to request
that all replaced parts and accessories that are not covered by a warranty BE
RETURNED TO YOU AT THE TIME OF SERVICE. (NRS
487.6883)
YOU have the right to require
authorization BEFORE any additional repairs are made to
your vehicle if the charges for those repairs exceed 20% of the original
estimate or $100, whichever is less. (NRS 487.6877)
YOU have the right to receive
a COMPLETED STATEMENT OF CHARGES for repairs made to your
vehicle and for storage of your vehicle, if applicable. (NRS 487.6893)
FOR
MORE INFORMATION PLEASE CONTACT:
THE
DEPARTMENT OF MOTOR VEHICLES
3. The sign required pursuant to the
provisions of subsection 1 or 2 must include a replica of the Great Seal of the
State of Nevada. The Seal must be 2 inches in diameter and be centered on the
face of the sign directly above the words “STATE OF NEVADA.”
4. The sign required pursuant to the
provisions of subsection 1 or 2 must also include the words “The Compliance
Enforcement Division of the Department of Motor Vehicles can be reached at,”
followed by the Internet address of the Compliance Enforcement Division and the
telephone number of the nearest office of the Compliance Enforcement Division.
5. Any person who violates the provisions
of this section is guilty of a misdemeanor.
(Added to NRS by 2009, 2528,
2699; A
2013, 1978)
NRS 487.6873 Duties of body shop or garage operator on acceptance of vehicle
for repair. Whenever any body shop
or garage operator accepts or assumes control of a motor vehicle for the
purpose of making or completing any repair, the body shop or garage operator
shall comply with the provisions of NRS 487.68701,
487.68703 and 487.6873
to 487.6893, inclusive.
(Added to NRS by 2009, 2530,
2701; A
2013, 1980)
NRS 487.6874 Duty of body shop or garage operator to inform certain persons
of types of payment accepted.
1. A body shop or garage operator, as
applicable, must inform a person regarding the types of payment the body shop
or garage accepts:
(a) If the person is a prospective customer or
customer, before the prospective customer or customer authorizes the body shop
or garage operator to perform repair work on his or her vehicle; and
(b) In the specific instance of a body shop, if
the:
(1) Person is the registered owner of the
vehicle;
(2) Vehicle is towed to the body shop at
the request of someone other than the registered owner of the motor vehicle;
and
(3) Body shop notifies the registered
owner of the location of the vehicle,
Ê as required
pursuant to NRS 487.68703.
2. The information required to be provided
pursuant to subsection 1:
(a) Must be in writing;
(b) May be incorporated into a form already used
by the body shop or garage operator for another purpose, including, without
limitation, a form used to authorize repairs or estimate the cost of repairs or
storage; and
(c) Must set forth, without limitation:
(1) Whether the body shop or garage
provides the service of directly billing an insurance company for any payment
due;
(2) Whether the body shop or garage
accepts only cash as payment;
(3) Whether the body shop or garage
accepts credit or debit cards;
(4) If the body shop or garage accepts
credit or debit cards, or both:
(I) The brand or type of such cards
the body shop or garage accepts; and
(II) Whether the body shop or garage
imposes a fee or surcharge for the use of a credit or debit card;
(5) Whether the body shop or garage
accepts personal checks or travelers’ checks; and
(6) If the body shop or garage does not
accept only cash as payment, whether the body shop or garage offers a discount
for making payment in the form of cash.
(Added to NRS by 2013, 1976)
NRS 487.6875 Estimate of costs required for certain repairs.
1. Except as otherwise provided in NRS 487.6879, a person requesting or authorizing the
repair of a motor vehicle that is more than $50 must be furnished a written
estimate or statement signed by the person making the estimate or statement on
behalf of the body shop or garage operator indicating the total charge for the
performance of the work necessary to accomplish the repair, including the
charge for labor and all parts and accessories necessary to perform the work.
2. If the estimate is for the purpose of
diagnosing a malfunction, the estimate must include the cost of:
(a) Diagnosis and disassembly; and
(b) Reassembly, if the person does not authorize
the repair.
3. In an estimate furnished pursuant to
subsection 1, a body shop shall include, if any, the rate of and circumstances
under which the person requesting or authorizing the repair would incur a
charge for storage that exceeds $50.
4. The provisions of this section do not
require a body shop or garage operator to reassemble a motor vehicle if the
body shop or garage operator determines that the reassembly of the motor
vehicle would render the vehicle unsafe to operate.
(Added to NRS by 2009, 2530,
2701; A
2013, 1980)
NRS 487.6877 Notice of additional charges over estimate required in certain
cases. Except as otherwise
provided in NRS 487.6879, if it is determined that
additional charges are required to perform the repair authorized, and those
additional charges exceed, by 20 percent or $100, whichever is less, the amount
set forth in the estimate or statement required to be furnished pursuant to the
provisions of NRS 487.6875, the body shop or
garage operator shall notify the owner and insurer of the motor vehicle of the
amount of those additional charges.
(Added to NRS by 2009, 2530,
2701)
NRS 487.6879 Waiver of estimate of costs or notice of additional charges;
execution of waiver. The person
authorizing the repairs may waive the estimate or statement required pursuant
to the provisions of NRS 487.6875 or the
notification required by NRS 487.6877 by executing
a written waiver of that requirement or notification. The waiver must be
executed by the person authorizing the repairs at the time the person
authorizes those repairs.
(Added to NRS by 2009, 2531,
2702)
NRS 487.688 Body shop or garage to repair vehicle in accordance with
manufacturer’s specifications and written estimate or statement of cost of
repairs. If a body shop or garage
performs repairs on a motor vehicle, the body shop or garage shall perform the
repairs in accordance with any specifications of the manufacturer of the motor
vehicle and the written estimate or statement of the cost of the repairs that
is most recently agreed upon by the body shop or garage and the person
authorizing repairs.
(Added to NRS by 2009, 2531,
2702)
NRS 487.6881 Duties of owner and insurer upon notification of additional
charges.
1. An owner and the insurer of a motor
vehicle who have been notified of additional charges pursuant to NRS 487.6877 shall:
(a) Authorize the performance of the repair at
the additional expense; or
(b) Without delay, and upon payment of the
authorized charges, take possession of the motor vehicle.
2. Until the election provided for in
subsection 1 has been made, the body shop or garage operator shall not undertake
any repair which would involve such additional charges.
3. If the owner or insurer of the motor
vehicle elects to take possession of the motor vehicle but fails to take
possession within a 24-hour period after the election:
(a) The garage operator may charge for storage of
the motor vehicle.
(b) The body shop may impose a reasonable charge
for storage of the motor vehicle in accordance with the provisions of NRS 487.68701.
(Added to NRS by 2009, 2531,
2702; A
2013, 1980)
NRS 487.6883 Replaced parts to be delivered to person authorizing repairs if
requested; exception.
1. Whenever the repair work performed on a
motor vehicle requires the replacement of any parts or accessories, the body
shop or garage operator shall, at the request of the person authorizing the
repairs or any person entitled to possession of the motor vehicle, deliver to
the person all parts and accessories replaced as a result of the work done.
2. The provisions of subsection 1 do not
apply to parts or accessories which must be returned to a manufacturer or
distributor under a warranty arrangement or which are subject to exchange, but
the customer, on request, is entitled to be shown the warranty parts for which
a charge is made.
(Added to NRS by 2009, 2531,
2702)
NRS 487.6885 Records to be retained by body shop or garage operator. The body shop or garage operator shall retain
copies of any estimate, statement or waiver required by NRS
487.6875 to 487.6893, inclusive, as an
ordinary business record of the body shop or garage, for a period of not less
than 1 year after the date the estimate, statement or waiver is signed.
(Added to NRS by 2009, 2531,
2702)
NRS 487.6887 Garage operator to comply with NRS 487.6875 to 487.6893,
inclusive; enforcement of liens and contracts. In
every instance where charges are made for the repair of a motor vehicle by a
garage operator, the garage operator making the repairs shall comply with the
provisions of NRS 487.6875 to 487.6893, inclusive. A garage operator is not
entitled to detain a motor vehicle by virtue of any common law or statutory
lien, or otherwise enforce such a lien, or to sue on any contract for repairs
made by the garage operator unless he or she has complied with the requirements
of NRS 487.6875 to 487.6893,
inclusive.
(Added to NRS by 2009, 2531,
2702)
NRS 487.6889 Certain acts deemed to be deceptive trade practice. A person shall be deemed to be engaged in a
“deceptive trade practice” if, in the course of his or her business or
occupation, the person:
1. Engages in any deceptive trade
practice, as defined in NRS 598.0915
to 598.0925, inclusive, that involves
the repair of a motor vehicle; or
2. Engages in any other acts prescribed by
the Director by regulation as a deceptive trade practice.
(Added to NRS by 2009, 2531,
2702)
NRS 487.689 Director authorized to request undercover investigation of
alleged deceptive trade practice; Bureau of Consumer Protection authorized to
conduct such investigation.
1. The Director may request an undercover
investigation of a person who is allegedly engaging in a deceptive trade
practice or violating the provisions of NRS 487.6871
to 487.6897, inclusive.
2. The Bureau of Consumer Protection in
the Office of the Attorney General may conduct an undercover investigation of a
person who is allegedly engaging in a deceptive trade practice or violating the
provisions of NRS 487.6871 to 487.6897, inclusive, on its own motion or upon a
request received pursuant to subsection 1. Nothing in this subsection requires
the Bureau to conduct an undercover investigation.
(Added to NRS by 2009, 2532,
2703)
NRS 487.6891 Administrative fine for engaging in deceptive trade practice;
deposit and use of money collected as administrative fine.
1. In addition to any other penalty, the
Director may impose an administrative fine of not more than $10,000 against any
person who engages in a deceptive trade practice as set forth in NRS 487.6889. The Director shall provide 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 Director pursuant to this section must be deposited with the State
Treasurer to the credit of the State Highway Fund.
3. The administrative remedy provided in
this section is not exclusive and is intended to supplement existing law. The
provisions of this section do not deprive a person injured by a deceptive trade
practice from resorting to any other legal remedy.
(Added to NRS by 2009, 2532,
2703)
NRS 487.6893 Statement of charges required for repair and storage of vehicle;
violation constitutes misdemeanor; statement required for enforcement of lien.
1. If charges are made for the repair of a
motor vehicle, the garage operator or body shop making the charges shall
present to the person authorizing repairs or the person entitled to possession
of the motor vehicle a statement of the charges setting forth the following
information:
(a) The name and signature of the person
authorizing repairs;
(b) A statement of the total charges;
(c) An itemization and description of all parts
used to repair the motor vehicle indicating the charges made for labor;
(d) In the case of a garage operator, a
description of all other charges; and
(e) In the case of a body shop, a description of
all other charges, including, without limitation, charges, if any, for storage
of the motor vehicle.
2. Any person violating this section is
guilty of a misdemeanor.
3. In the case of a motor vehicle
registered in this State, no lien for labor or materials provided under NRS 108.265 to 108.367, inclusive, may be enforced by
sale or otherwise unless a statement as described in subsection 1 has been
given by delivery in person or by certified mail to the last known address of
the registered owner and the legal owner of the motor vehicle. In all other cases,
the notice must be made to the last known address of the registered owner and
any other person known to have or to claim an interest in the motor vehicle.
(Added to NRS by 2009, 2532,
2703; A
2013, 1981)
NRS 487.6895 Violations: Injunctive relief. The
Attorney General or any district attorney may bring an action in any court of
competent jurisdiction in the name of the State of Nevada on the complaint of
the Director, or of any person allegedly aggrieved by a violation of the
provisions of NRS 487.68701, 487.68703 and 487.6874
to 487.6893, inclusive, to enjoin any violation of
the provisions of NRS 487.68701, 487.68703 and 487.6874
to 487.6893, inclusive.
(Added to NRS by 2009, 2533,
2704; A
2013, 1981)
NRS 487.6897 Violations: Civil penalty. Any
person who knowingly violates any provision of NRS
487.68701, 487.68703 and 487.6873 to 487.6893,
inclusive, is liable, in addition to any other penalty or remedy which may be
provided by law, to a civil penalty of not more than $500 for each offense,
which may be recovered by civil action on complaint of the Director or the
district attorney.
(Added to NRS by 2009, 2533,
2704; A
2013, 1981)
Unlawful Acts; Penalty
NRS 487.690 Penalty. Any person
who violates any of the provisions of NRS 487.530
to 487.690, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1989, 2043; A 2007, 3432; 2009, 2538,
2709; 2013, 1981)
REPAIRS; REBUILT VEHICLES; SALVAGE VEHICLES; TOTAL LOSS
VEHICLES; NONREPAIRABLE VEHICLES
NRS 487.710 Definitions. As
used in NRS 487.710 to 487.890,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 487.720 to 487.790,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 1908; A 2005, 1244; 2007, 1234; 2011, 1663)
NRS 487.720 “Cost of repair” defined. “Cost
of repair” means the cost to repair a vehicle, which is established pursuant to
NRS 487.890.
(Added to NRS by 2003, 1909)
NRS 487.725 “Electronic components” defined. “Electronic
components” means major electrical or electronic items or parts within a motor
vehicle, including, without limitation:
1. Computer control modules for the:
(a) Engine of the vehicle;
(b) Air-conditioning systems and parts thereof;
(c) Traction control systems and parts thereof;
(d) Antilock braking systems and parts thereof;
(e) Electrical or electronic items used to power
or propel a hybrid vehicle;
(f) Wiring harnesses; or
(g) Supplemental restraint systems; and
2. Any other major electrical item or part
declared by regulation of the Department to be an electronic component.
(Added to NRS by 2011, 1658)
NRS 487.730 “Fair market value” defined. “Fair
market value” means the retail value of a motor vehicle that is established by:
1. An objective motor vehicle appraisal
based upon local market resources, including, without limitation, automobile
dealers and classified advertisements of newspapers;
2. An independent appraisal service;
3. A current issue of a nationally
recognized guide used by financial institutions in this State for the valuation
of used motor vehicles; or
4. A computer-based service commonly used
by the insurance industry for the valuation of used motor vehicles.
(Added to NRS by 2003, 1909)
NRS 487.740 “Flood-damaged vehicle” defined. “Flood-damaged
vehicle” means a motor vehicle which:
1. Has been submerged in water to a point
that the level of the water is higher than the door sill of the vehicle and the
water has entered the passenger, trunk or engine compartment of the vehicle and
has come into contact with the electrical system of the vehicle; or
2. Has been acquired by an insurance
company or retained by its owner or any other person as part of a total loss
settlement resulting from water damage.
(Added to NRS by 2003, 1909)
NRS 487.750 “Motor vehicle” defined. “Motor
vehicle” has the meaning ascribed to it in NRS
482.075.
(Added to NRS by 2003, 1909)
NRS 487.760 “Nonrepairable vehicle” defined. “Nonrepairable
vehicle” means a motor vehicle other than an abandoned vehicle, as defined in NRS 487.210, that:
1. Has value only as a source of parts or
scrap metal;
2. Has been designated by its owner for
dismantling as a source of parts or scrap metal;
3. Has been stripped of all body panels,
doors, hatches, substantially all interior components and substantially all
grill and light assemblies; or
4. Has been burned, destroyed or otherwise
damaged to such an extent that it cannot be returned to a condition which is
legal for operation on the highways of this State.
(Added to NRS by 2003, 1909)
NRS 487.765 “Rebuilt vehicle” defined. “Rebuilt
vehicle” has the meaning ascribed to it in paragraph (b) of subsection 1 of NRS 482.098.
(Added to NRS by 2005, 1244)
NRS 487.770 “Salvage vehicle” defined. “Salvage
vehicle” means a motor vehicle that at any time has been declared a total loss
vehicle, flood-damaged vehicle, nonrepairable vehicle or had “salvage” or a
similar word or designation placed on any title issued for the vehicle.
(Added to NRS by 2003, 1909)
NRS 487.780 “Title” defined. “Title”
means a certificate of title or any other document issued by any state or
country indicating the ownership of a motor vehicle.
(Added to NRS by 2003, 1909)
NRS 487.790 “Total loss vehicle” defined.
1. “Total loss vehicle” means a motor
vehicle:
(a) Of a type which is subject to registration;
and
(b) Which has been wrecked, destroyed or
otherwise damaged to such an extent that the cost of repair is 65 percent or
more of the fair market value of the vehicle immediately before it was wrecked,
destroyed or otherwise damaged, except that, for the purposes of this
paragraph, the cost of repair does not include the cost of:
(1) Painting any portion of the vehicle;
(2) Replacing electronic components in accordance
with the specifications of the manufacturer; or
(3) Towing the vehicle.
2. The term does not include:
(a) A nonrepairable vehicle;
(b) A motor vehicle which is 10 model years old
or older and which, to restore the vehicle to its condition before it was
wrecked, destroyed or otherwise damaged and regardless of cost, requires the
replacement of only:
(1) The hood;
(2) The trunk lid;
(3) A fender;
(4) Two or fewer of the following parts or
assemblies, which may be bolted or unbolted:
(I) Doors;
(II) A grill assembly;
(III) A bumper assembly;
(IV) A headlight assembly; or
(V) A taillight assembly; or
(5) Any combination of subparagraph (1),
(2), (3) or (4);
(c) A motor vehicle, regardless of the age of the
vehicle, for which the cost to repair the vehicle is less than 65 percent of
the fair market value of the vehicle immediately before the vehicle was
wrecked, destroyed or otherwise damaged, except that, for the purposes of this
paragraph, the cost of repair does not include the cost of:
(1) Painting any portion of the vehicle;
(2) Replacing electronic components in
accordance with the specifications of the manufacturer; or
(3) Towing the vehicle; or
(d) A motor vehicle that was stolen and
subsequently recovered, if the motor vehicle:
(1) Has no structural damage; and
(2) Is missing only tires, wheels, audio
or video equipment, or some combination thereof.
3. For the purposes of this section, the
model year of manufacture is calculated based on a year beginning on January 1
of the calendar year in which the damage occurs.
(Added to NRS by 1995, 1573; A 2003, 1911; 2005, 1245; 2011, 1663)
NRS 487.795 Rebuilt vehicles: Prerequisites to registration; certificate of
inspection.
1. A rebuilt vehicle may not be registered
until it:
(a) Has been inspected by a garage operator who
operates a garage that is registered pursuant to NRS
487.560, by the owner of a body shop licensed pursuant to NRS 487.630 or by an employee of such a garage or body
shop; and
(b) Is certified pursuant to subsection 2 that
the components which have been replaced have been installed properly and are
functional and operate safely in accordance with the standards of the
manufacturer.
2. If a garage operator or owner of a body
shop, or an employee thereof, who performs an inspection pursuant to subsection
1 finds that the components replaced on a rebuilt vehicle have been installed
properly and are functional and operate safely in accordance with the standards
of the manufacturer, the garage operator, owner or employee shall complete and
sign a certificate of inspection, on a form prescribed by the state agency,
attesting to the fact that the replaced components have been installed properly
and are functional and operate safely in accordance with the standards of the
manufacturer.
(Added to NRS by 2005, 1244)
NRS 487.800 Salvage vehicles: Duties of insurance company and relinquishing
owner; application for salvage title; sale of vehicle; rebuilt and restored
vehicles; retention; exclusion of nonrepairable vehicles.
1. When an insurance company acquires a
motor vehicle as a result of a settlement in which the motor vehicle is
determined to be a salvage vehicle, the owner of the motor vehicle who is
relinquishing ownership of the motor vehicle shall endorse the certificate of
title of the motor vehicle and forward the endorsed certificate of title to the
insurance company within 30 days after accepting the settlement from the
insurance company. The insurance company or its authorized agent shall forward
the endorsed certificate of title, together with an application for a salvage
title or nonrepairable vehicle certificate, to the state agency within 180 days
after receipt of the endorsed certificate of title.
2. If the owner of the motor vehicle who
is relinquishing ownership does not provide the endorsed certificate of title
to the insurance company within 30 days after accepting the settlement pursuant
to subsection 1, the insurance company shall, within 180 days after the
expiration of that 30-day period, forward an application for a salvage title or
nonrepairable vehicle certificate to the state agency. The state agency shall
issue a salvage title or nonrepairable vehicle certificate to the insurance
company for the vehicle upon receipt of:
(a) The application;
(b) A motor vehicle inspection certificate signed
by a representative of the Department or, as one of the authorized agents of
the Department, by a peace officer, dealer, rebuilder, automobile wrecker,
operator of a salvage pool or garage operator;
(c) Documentation that the insurance company has
made at least two written attempts by certified mail, return receipt requested,
or by use of a delivery service with a tracking system, to obtain the endorsed
certificate of title; and
(d) Proof satisfactory to the state agency that
the certificate of title was required to be surrendered to the insurance
company as part of the settlement.
3. Except as otherwise provided in
subsections 1 and 2, before any ownership interest in a salvage vehicle, except
a nonrepairable vehicle, may be transferred, the owner or other person to whom
the motor vehicle is titled:
(a) If the person has possession of the
certificate of title to the vehicle, shall forward the endorsed certificate of
title, together with an application for salvage title to the state agency
within 30 days after the vehicle becomes a salvage vehicle.
(b) If the person does not have possession of the
certificate of title to the vehicle and the certificate of title is held by a
lienholder, shall notify the lienholder within 10 days after the vehicle
becomes a salvage vehicle that the vehicle has become a salvage vehicle. The
lienholder shall, within 30 days after receiving such notice, forward the
certificate of title, together with an application for salvage title, to the
state agency.
4. An insurance company or its authorized
agent may sell a vehicle for which a total loss settlement has been made with
the properly endorsed certificate of title if the total loss settlement
resulted from the theft of the vehicle and the vehicle, when recovered, was not
a salvage vehicle.
5. An owner who has determined that a
vehicle is a total loss salvage vehicle may sell the vehicle with the properly
endorsed certificate of title obtained pursuant to this section, without making
any repairs to the vehicle, to a salvage pool, automobile auction, rebuilder,
automobile wrecker or a new or used motor vehicle dealer.
6. Except with respect to a nonrepairable
vehicle, if a salvage vehicle is rebuilt and restored to operation, the vehicle
may not be licensed for operation, displayed or offered for sale, or the
ownership thereof transferred, until there is submitted to the state agency
with the prescribed salvage title, an appropriate application, other documents,
including, without limitation, an affidavit from the state agency attesting to
the inspection and verification of the vehicle identification number and the
identification numbers, if any, for parts used to repair the motor vehicle and
fees required, together with a certificate of inspection completed pursuant to NRS 487.860.
7. Except with respect to a nonrepairable
vehicle, if a total loss insurance settlement between an insurance company and
any person results in the retention of the salvage vehicle by that person,
before the execution of the total loss settlement, the insurance company or its
authorized agent shall:
(a) Obtain, upon an application for salvage
title, the signature of the person who is retaining the salvage vehicle;
(b) Append to the application for salvage title
the certificate of title to the motor vehicle or an affidavit stating that the
original certificate of title has been lost; and
(c) Apply to the state agency for a salvage title
on behalf of the person who is retaining the salvage vehicle.
8. If the state agency determines that a
salvage vehicle retained pursuant to subsection 6 is titled in another state or
territory of the United States, the state agency shall notify the appropriate
authority of that state or territory that the owner has retained the salvage
vehicle.
9. A person who retains a salvage vehicle
pursuant to subsection 7 may not transfer any ownership interest in the vehicle
unless he or she has received a salvage title.
(Added to NRS by 1963, 839; A 1979, 1230; 1987, 1603; 1991, 526; 1995, 1574; 2003, 471, 1914; 2007, 227; 2009, 1750)
NRS 487.810 Salvage title: Issuance by state agency; contents; persons and
entities to whom issued; documents required to be submitted with application;
fee; title as prerequisite to transfer of ownership interest; certain
authorities not conveyed by title; not to be issued for nonrepairable vehicle.
1. The state agency may issue a salvage
title for a vehicle, which contains a brief description of the vehicle,
including, insofar as data may exist with respect to the vehicle, the make,
type, serial number and motor number, or any other number of the vehicle, upon
application, to:
(a) The owner of the vehicle;
(b) The person to whom the vehicle is titled;
(c) An insurance company that acquires the
vehicle as a salvage vehicle pursuant to subsection 1 of NRS
487.800; or
(d) A lienholder who acquires title to the
vehicle.
2. A properly endorsed title, together
with a disclosure of mileage, as required pursuant to the provisions of 49 U.S.C.
§§ 32701 et seq. and 49 C.F.R. § 580.5, must be submitted with the application
for salvage title.
3. Within 2 days after receiving all
necessary documents, the state agency shall issue a salvage title for the
vehicle.
4. Except as otherwise provided in this
subsection, the state agency shall charge and collect a fee of $10 for the
issuance of a salvage title pursuant to this section. The state agency shall
not charge a fee for the issuance of a salvage title to an automobile wrecker
licensed in this State. Fees collected by the state agency pursuant to this
subsection must be deposited with the State Treasurer for credit to the
Revolving Account for the Issuance of Salvage Titles created by NRS 487.825.
5. Ownership interest in a salvage vehicle
may not be transferred unless a salvage title has been issued by the state
agency for the vehicle.
6. Possession of a salvage title does not
entitle a person to dismantle, scrap, process or wreck any vehicle in this
State unless the person holds a license issued pursuant to NRS 487.050.
7. The Department shall not issue a
salvage title for a nonrepairable vehicle.
(Added to NRS by 2003, 1911; A 2007, 1234)
NRS 487.820 Salvage title: Procedure for acceptance of application if
applicant unable to furnish certificates of title and registration; exception;
prohibition on issuance of duplicate certificates of title or registration.
1. Except as otherwise provided in
subsection 2 of NRS 487.800, if the applicant for a
salvage title is unable to furnish the certificates of title and registration last
issued for the vehicle, the state agency may accept the application, examine
the circumstances of the case and require the filing of suitable affidavits or
other information or documents. If satisfied that the applicant is entitled to
a salvage title, the state agency may issue the salvage title.
2. No duplicate certificate of title or
registration may be issued when a salvage title is applied for, and no fees are
required for the affidavits of any stolen, lost or damaged certificate, or
duplicates thereof, unless the vehicle is subsequently registered.
(Added to NRS by 1963, 839; A 1979, 1230; 1987, 1603; 1999, 1921; 2003, 472, 1915; 2007, 229)
NRS 487.825 Revolving Account for the Issuance of Salvage Titles: Creation;
use of money; transfer of excess balance to State Highway Fund.
1. The Revolving Account for the Issuance
of Salvage Titles is hereby created as a special account in the State Highway
Fund.
2. The Department shall use the money in
the Account only to pay the expenses relating to the issuance of salvage
titles.
3. At the end of each fiscal year, the
State Controller shall transfer from the Account to the State Highway Fund an
amount of money equal to the balance in the Account which exceeds $50,000.
(Added to NRS by 2007, 1231; A 2009, 1030)
NRS 487.830 Transfer of interest in motor vehicle: Transferor to disclose in
writing information as to status of vehicle as salvage, rebuilt or
reconstructed; additional duties of transferor; criminal penalty.
1. Any person who transfers an interest in
a motor vehicle in this State shall, before the transfer, disclose in writing
to the transferee any information that the transferor knows or reasonably
should know concerning whether the vehicle is a salvage vehicle, a rebuilt
vehicle or a reconstructed vehicle, as that term is defined in NRS 482.100.
2. If the transferor is subject to any of
the provisions of NRS 482.423 to 482.4245, inclusive, the transferor
shall:
(a) Make the disclosure required by subsection 1
before executing a contract of sale or a long-term lease;
(b) Provide a copy of the disclosure to the
transferee; and
(c) Retain the written disclosure in his or her
records for the period specified in NRS 482.3263.
3. A person who violates subsection 1 is
guilty of obtaining property by false pretenses as provided in NRS 205.380.
(Added to NRS by 2003, 1909; A 2007, 3415)
NRS 487.840 Title: Removal or concealment of indicia of salvage vehicle or
rebuilt vehicle prohibited; criminal penalties if violation committed with
intent to defraud; restitution.
1. A person shall not remove, cause to be
removed or conceal a marking on:
(a) A salvage title or other title which
indicates that the vehicle is a salvage vehicle; or
(b) A certificate of title or other title for a
rebuilt vehicle which indicates that the vehicle is a rebuilt vehicle.
2. A person who knowingly violates
subsection 1 with the intent to defraud:
(a) If the fair market value of the vehicle
involved is $650 or more, is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
(b) If the fair market value of the vehicle
involved is less than $650, is guilty of a misdemeanor.
Ê In addition
to any other penalty, the court shall order the person to pay restitution to
the victim.
(Added to NRS by 2003, 1910; A 2005, 1245; 2011, 176)
NRS 487.850 Action for damages; attorney’s fees; remedy is in addition to
other legal or equitable remedies.
1. A person who, with the intent to
defraud, violates any provision of NRS 487.830 or 487.840 is liable to any purchaser or lessee of a
motor vehicle who is harmed by that violation for:
(a) Three times the amount of actual damages
sustained by the purchaser or lessee;
(b) Five thousand dollars; or
(c) Actual damages sustained by the purchaser or
lessee and such punitive damages as may be allowed by the court,
Ê whichever is
greater.
2. If an action brought pursuant to
subsection 1 is successful, the purchaser or lessee who brought the action is
entitled to the costs of bringing the action and reasonable attorney’s fees, as
determined by the court.
3. The remedy provided in this section is
in addition to and is not a substitute for any other legal or equitable remedy
available to a purchaser or lessee of a motor vehicle who is harmed by a
violation of NRS 487.830 or 487.840.
(Added to NRS by 2003, 1910)
NRS 487.860 Inspection required before registration of vehicle for which
salvage title was issued; exclusion of nonrepairable vehicles; certificate of
inspection.
1. Except with respect to a nonrepairable
vehicle, a vehicle for which a salvage title has been issued may not
subsequently be registered until it has been inspected by a garage operator who
operates a garage that is registered pursuant to NRS
487.560, by the owner of a body shop licensed pursuant to NRS 487.630, by a rebuilder licensed pursuant to NRS 482.325 or by a qualified employee of
such a garage, body shop or rebuilder, and is certified to be in a safe
mechanical condition and equipped with all safety equipment required by the
manufacturer.
2. If a garage operator, an owner of a
body shop or a rebuilder, or a qualified employee thereof, who performs an
inspection pursuant to subsection 1 finds the vehicle to be in a safe
mechanical condition and equipped with all safety equipment required by the
manufacturer, the garage operator, owner of the body shop, rebuilder or
qualified employee shall complete and sign a certificate of inspection, on a
form prescribed by the state agency, attesting to the mechanical fitness and
safety of the vehicle and to any mechanical or other work that was performed on
the vehicle at the garage or body shop. The certificate of inspection must
indicate that the motor vehicle has been repaired to the standards of the
manufacturer and any safety equipment, including, without limitation, any
occupant restraint devices, that were present in the vehicle at the time the
vehicle was manufactured are present and operational to the specifications of
the manufacturer.
(Added to NRS by 1963, 840; A 1999, 1921; 2003, 1915; 2007, 3231)
NRS 487.870 Removal of total loss salvage vehicle from State; penalty.
1. A person shall not remove a total loss
salvage vehicle from this State to sell that vehicle unless the title has been
forwarded to the state agency pursuant to subsection 1 of NRS 487.800.
2. A person who violates the provisions of
this section:
(a) If the value of the vehicle removed from this
State is less than $650, is guilty of a misdemeanor.
(b) If the value of the vehicle removed from this
State is $650 or more, is guilty of a gross misdemeanor.
(Added to NRS by 1995, 1573; A 2003, 473, 1917; 2011, 176)—(Substituted
in revision for NRS 487.185)
NRS 487.880 Nonrepairable vehicles: Requirements; prohibited acts. A nonrepairable vehicle:
1. Must be processed as parts or scrap
metal by a licensed automobile wrecker.
2. May not be rebuilt, reconstructed or
restored for operation on the highways of this State.
3. Must be issued a certificate by the
state agency which indicates that it is a nonrepairable vehicle before any
ownership interest in the vehicle may be transferred.
(Added to NRS by 2003, 1910; A 2011, 1664)
NRS 487.890 Estimate of cost of repair of motor vehicle pursuant to NRS
487.800: Calculation; exclusion of certain costs. An estimate of the cost of repair for a motor
vehicle pursuant to NRS 487.800:
1. Must be calculated using the cost of
the parts and labor required to restore the vehicle to the condition it was in
immediately before it was wrecked, destroyed or otherwise damaged. The cost of
parts and labor must be based on:
(a) The current published actual retail price of
original manufacturer equipment, retail price of new alternative equipment or
the actual cost of used parts.
(b) Rates for labor which are commonly charged in
the community in which the repairs will be performed.
2. May not include any cost associated
with:
(a) Painting any portion of the vehicle;
(b) Replacing electronic components in accordance
with the specifications of the manufacturer; or
(c) Towing the vehicle.
(Added to NRS by 2003, 1910; A 2011, 1664)
PENALTIES
NRS 487.990 Administrative fines; opportunity for hearing; deposit of fines
collected; delegation of authority to impose and collect fines; injunctions and
other remedies; enforcement proceedings.
1. The Department may impose an
administrative fine, not to exceed $2,500, for a violation of any provision of
this chapter, 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. Except as otherwise provided in
subsection 3, all administrative fines collected by the Department pursuant to
subsection 1 must be deposited with the State Treasurer for credit to the State
General Fund.
3. The Department may delegate to a
hearing officer or panel its authority to impose and collect administrative
fines pursuant to subsection 1 and deposit the money collected with the State
Treasurer for credit to the Motor Vehicle Fund.
4. 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 1991, 756; A 1997, 1373; 2007, 1235)
