Nac: Chapter 482 - Motor Vehicles And Trailers: Licensing, Registration, Sales And Leases

Link to law: http://www.leg.state.nv.us/nac/NAC-482.html
Published: 2015

[Rev. 1/10/2014 2:07:35 PM]

[NAC-482 Revised Date: 1-14]

CHAPTER 482 - MOTOR VEHICLES AND TRAILERS:

LICENSING, REGISTRATION, SALES AND LEASES

GENERAL PROVISIONS

482.005            “Department” defined.

482.007            Special mobile equipment:

“Incidentally operated or moved upon a highway” interpreted; vehicles not

specified in statutory definitions.

MANUFACTURERS, REBUILDERS, DISTRIBUTORS, DEALERS, BROKERS,

SALESPERSONS AND LESSORS

Special License Plates

482.032            Definitions.

482.034            “Agency or organization” defined.

482.036            “Customer in the course of

business” defined.

482.040            Loaned vehicles: Limitation on

number of plates; inscription; fee; expiration and renewal; administrative

sanctions; application for additional number of plates.

482.042            Vehicles loaned to customers:

Restrictions on use of plates; maintenance, availability and contents of

records; violation of certain provisions.

482.0425          Vehicles loaned to agency or

organization: Restrictions on use of plates; maintenance, availability and

contents of records; tax-exempt organizations.

482.043            Authorized users of loaned

vehicles.

482.0435          Loan of vehicle not to result in

direct profit for dealer or rebuilder.

482.044            Vehicles operated pursuant to NRS 482.320: Issuance; inscription;

fee; expiration and renewal.

482.046            Vehicles operated pursuant to NRS 482.320: Maximum number to be

issued.

482.048            Vehicles operated pursuant to NRS 482.320: Restrictions on use;

administrative sanctions; exception.

Temporary Licenses for Temporary Locations

482.050            Definitions.

482.055            “Display a vehicle for sale”

defined.

482.060            “Exhibit vehicles” defined.

482.065            Circumstances under which required.

482.070            Application.

482.075            Period of validity; contents;

limitation on number issued; nontransferability.

482.080            Grounds for refusal to issue.

482.085            Posting; additional requirements.

Disclosure of Financial Records

482.090            Brokers: Form for authorization of

disclosure.

482.095            Manufacturers, distributors,

dealers and rebuilders: Form for authorization of disclosure.

Advertising

482.100            Definitions.

482.110            Exemptions; copy of regulations

provided by dealer.

482.120            False, deceptive or misleading

advertising prohibited.

482.130            Accuracy of advertising.

482.140            “Bait and switch” advertising and

selling practices prohibited.

482.150            Price of vehicle advertised.

482.155            Loan advertised.

482.160            Payments and down payments

advertised.

482.165            Line of credit advertised.

482.170            Trade-in allowances advertised.

482.175            Lease advertised.

482.180            Financing advertised.

482.185            Rebate advertised.

482.190            Trade styles and signs.

482.200            Repossessions; unpaid balance.

482.210            Used vehicles of current year

models; demonstrators, executive vehicles.

482.220            Executive or official vehicles;

taxicabs.

482.230            Vehicles advertised as offered by

private parties.

482.240            Use of various selling techniques.

482.250            Violations.

Sale of Used Vehicles

482.254            “Defect” interpreted.

482.256            “Reasonably thorough inspection”

interpreted.

482.258            “Substantiated complaint”

interpreted.

482.260            Requirements for inspection.

482.262            Performance of inspection; contents

of written disclosure.

482.264            Written disclosure: Acknowledgment

of receipt by customer; retention by used vehicle dealer for records.

482.266            Time limit for filing of complaint.

482.268            Correction of defect for vehicle

under express written warranty.

Dealers: Form for Transfer of Ownership of Vehicle

482.2685          “Dealer reassignment of title form”

defined.

482.269            Prerequisites to use of form.

482.2695          Procedure for use of form.

SHORT-TERM LESSORS

482.272            Purchase of book of temporary

permits; fees; limitations.

482.274            Restrictions on issuance of

temporary permits.

482.276            Format of temporary permit to

operate vehicle.

482.278            Distribution of copies of temporary

permit.

482.280            Registration of car for which

temporary permit is issued; credits; refunds; limitations.

482.282            “Governmental entity” interpreted

for certain purposes.

482.284            Identification for certain purposes

of vehicle licensing fees paid by short-term lessor.

482.286            Maintenance and inspection of

documents for verifying quarterly reports.

482.288            Separate listing of certain charges

on lease agreement.

482.290            Acknowledgment of lessee concerning

short-term lease of replacement vehicle.

LICENSE PLATES: GENERALLY

482.295            Fee to defray cost of producing

license plate.

SPECIAL LICENSE PLATES FOR HONORARY CONSULS OF FOREIGN

COUNTRIES

482.315            Submission of valid consular

identification card.

PERSONALIZED PRESTIGE LICENSE PLATES

482.320            Nomenclature used.

482.330            Nonissuance to state or political

subdivisions.

482.340            Reservations.

482.350            Time to pick up plates.

482.370            Revocation, cancellation or

nonrenewal.

LICENSE PLATES FOR AMATEUR RADIO STATION

482.380            Format.

482.390            Nomenclature used.

482.400            Eligibility.

482.410            Application.

482.420            Cancellation or termination.

CIRCA 1982 REPLICA LICENSE PLATES

482.422            “Circa 1982 replica license plate”

defined.

482.424            Nomenclature used.

482.426            Application; fee.

482.428            Applicability of provisions to

personalized prestige license plate.

FARM VEHICLES

482.429            “Unladen weight” defined.

482.430            “Farmer” and “rancher” interpreted.

482.440            Registration: Required affidavit

and proof; false or fraudulent affidavit or application; renewal.

NOTICE OF NONPAYMENT

482.450            “Notice of nonpayment” defined.

482.465            Fee for creation, maintenance or

revision of records by Department.

482.470            Release of notice for payment in

full; limit to charge for release.

482.475            Invoice for fee charged; letter

regarding failure to pay fee or delinquent fee.

482.480            Contents of notice; accuracy of

information.

VEHICLE IDENTIFICATION NUMBERS

482.501            Definitions.

482.505            General requirements for unique

vehicle identification number.

482.511            Duties of Department upon

presentation of vehicle to obtain unique vehicle identification number.

SALE OR LONG-TERM LEASE OF VEHICLE

482.560            “Authorized representative”

defined.

482.565            Request for extension of time to

submit certain documents and fees; granting of request.

482.570            Denial of request for extension of

time to submit certain documents and fees; resubmission of request; return and

resubmission of certain documents.

PROGRAM FOR ELECTRONIC SUBMISSION AND STORAGE OF DOCUMENTS BY

FLEET OWNERS

482.640            Definitions.

482.642            “Document” defined.

482.644            “Fleet” defined.

482.646            “Fleet owner” defined.

482.648            “Program” defined.

482.650            Eligibility to participate.

482.652            Application to participate.

482.654            Contract with Department.

482.656            Duties of and restrictions on

participants.

482.658            Specifications for electronic

submission of documents by participants.

482.660            Termination of participation:

Authority of Department.

PROGRAM OF ELECTRONIC MONITORING OF EMISSION INFORMATION

482.665            Duties of Department upon

determination of noncompliance with program.

PROGRAM FOR REGISTRATION OF NEW VEHICLES BY NEW VEHICLE

DEALERS

482.670            “New vehicle dealer” defined.

482.672            Establishment of program.

482.674            Eligibility to participate; denial

of participation.

482.676            Application to participate.

482.678            Bond or deposit: General

requirements and conditions.

482.680            Bond or deposit: Amount of

liability; suspension, revocation and reinstatement of participation.

482.682            Bond or deposit: Disbursement;

release; refund.

482.684            Duties of and restrictions on

participants.

482.686            Termination of participation:

Authority of Department.

PROGRAM FOR RENEWAL OF REGISTRATION BY PARTICIPATING STATIONS

482.700            “Program” defined.

482.718            Prerequisites for participation.

482.720            Eligibility to participate.

482.725            Application to participate.

482.745            Bond or deposit: General

requirements and conditions.

482.750            Bond or deposit: Amount of liability;

suspension and reinstatement of participation.

482.755            Bond or deposit: Disbursement;

release; refund.

482.757            Authorization of approved inspector

to renew certificates of registration; authorization not to be provided if

approved inspector previously convicted of certain crimes.

482.760            Duties of and restrictions on

participants; request to be open for business on different days.

482.765            Termination of participation:

Authority of Department.

MISCELLANEOUS PROVISIONS

482.900            Application for registration of

specially constructed, reconstructed or foreign vehicle: Interpretation of

certain statutory terms.

482.9005          Fee for inspection of specially

constructed, reconstructed, rebuilt or foreign vehicle.

482.901            Interpretation of “boundaries which

are clearly marked” for purposes of established place of business of dealer;

when transactions required to take place at established place of business of

dealers, short-term lessors and brokers; requirements for established place of

business.

482.903            Federal identification number and

electronic mail address required on applications for certain licenses.

482.905            Fee for processing fingerprints of

applicant for license as manufacturer, distributor, dealer or rebuilder.

482.906            Permit to operate certain

unregistered vehicles: Required payments; fee.

482.907            Security interests in vehicles:

Fees.

482.908            Electronic notification of transfer

of title to or interest of owner in vehicle.

482.910            Suspension of registration for

driving under influence of intoxicating liquor or controlled substance: Duties

of Department; reinstatement of registration; issuance of replacement plates.

482.913            Rescission and cancellation of

registration of vehicle emitting excessive fumes or smoke.

482.915            Issuance of refund upon

cancellation of registration: Prerequisites.

482.920            Issuance of refund upon

cancellation of registration: When vehicle is deemed to be inoperable.

482.925            Waiver of penalty or interest for

failure timely to file return or pay tax, penalty or interest: Prerequisites.

482.930            Administrative fines: Imposition

and payment generally; failure to pay.

482.933            Administrative fines: Violations

relating to lapse of registration of vehicles registered through Motor Carrier

Division.

482.934            Administrative fines: Payment for

engaging in deceptive trade practices; penalty for failure to pay.

482.935            Disclosure required before entry

into new agreement for sale of vehicle to customer following exercise of valid

option to cancel sale of vehicle to customer.

482.938            Request for adjustment to declared

gross vehicle weight upon renewal of registration.

482.940            Registration of fleet of vehicles

with declared gross weight in excess of 26,000 pounds: Installment payments for

registration fees and governmental services tax.

482.942            Renewal of registration of fleet of

vehicles required to be registered through Motor Carrier Division: Submission

of required documentation; sanctions for noncompliance.

482.944            Period of registration: Intrastate

vehicle registered through Motor Carrier Division.

482.946            Period of registration: Interstate

motor carrier.

 

 

GENERAL PROVISIONS

      NAC 482.005  “Department” defined. (NRS 481.051, 482.160)  As used in this chapter,

“Department” means the Department of Motor Vehicles.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 4-15-97)

      NAC 482.007  Special mobile equipment: “Incidentally operated or moved upon a

highway” interpreted; vehicles not specified in statutory definitions. (NRS 482.123,

482.160, 484A.245, 484A.470)

     1.  As used in NRS 482.123 and 484A.245, the Department will

interpret the term “incidentally operated or moved upon a highway” to mean the

operation of:

     (a) A motor vehicle in an emergency situation, as

determined by emergency personnel, including, without limitation, a law

enforcement agency or other appropriate authority;

     (b) Construction equipment to patch a roadway that

is operated subject to the terms of a contract for a specific project;

     (c) Snow removal equipment to clear snow from

highways during or immediately following inclement weather; or

     (d) Special mobile equipment on a public highway

that is not a controlled-access highway as defined in NRS 484A.060, if the special

mobile equipment travels not more than 5 miles from the point at which the

special mobile equipment initially entered the public highway.

     2.  As used in NRS 482.123 and 484A.245, the term “special

mobile equipment” does not include:

     (a) Any truck that:

          (1) Is used as a water truck on any portion of

a public highway; or

          (2) Was originally designed and manufactured

as a vehicle to carry cargo;

     (b) Any vehicle:

          (1) That is used to sweep any portion of a

public highway;

          (2) That was originally designed and

manufactured to transport persons or property;

          (3) To which machinery for sweeping is mounted

or attached; or

          (4) That has the capability of traveling long

distances over a controlled-access highway; (c) Any trailer; or

     (d) Any farm machinery or implements of husbandry.

     (Added to NAC by Dep’t of Motor Veh. by R079-07, eff. 1-30-2008)

MANUFACTURERS, REBUILDERS, DISTRIBUTORS, DEALERS, BROKERS,

SALESPERSONS AND LESSORS

Special License Plates

      NAC 482.032  Definitions. (NRS 482.160, 482.330)  As used in NAC 482.032 to 482.048,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 482.034 and 482.036

have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R117-99, eff. 12-13-99)

      NAC 482.034  “Agency or organization” defined. (NRS 482.160,

482.330)  “Agency

or organization” means:

     1.  The State of Nevada;

     2.  The Nevada System of Higher Education;

     3.  A school district;

     4.  A county, city or town; or

     5.  An organization that is exempt from

taxation pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R117-99, eff. 12-13-99)

      NAC 482.036  “Customer in the course of business” defined. (NRS 482.160,

482.330)  “Customer

in the course of business” means a person who:

     1.  Purchases or leases goods or services at

retail from a dealer or rebuilder who is licensed by the Department to sell or

lease those goods or services; or

     2.  Has his or her vehicle repaired or

serviced by or through a licensed dealer or rebuilder.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R117-99, eff. 12-13-99)

      NAC 482.040  Loaned vehicles: Limitation on number of plates; inscription;

fee; expiration and renewal; administrative sanctions; application for

additional number of plates. (NRS 482.160, 482.330)

     1.  Except as otherwise provided in

subsection 7, the Department will issue not more than 40 special license plates

to each licensed dealer or rebuilder pursuant to the provisions of subsection 3

of NRS 482.330.

     2.  Each special license plate issued

pursuant to the provisions of subsection 1 must be inscribed with the word

“LOAN” and include not less than four numbers.

     3.  The Department will collect the fee

required pursuant to NRS 482.490

for the issuance of each special license plate.

     4.  Each special license plate expires on

December 31 of each calendar year. A dealer or rebuilder must, before the

special license plate expires, submit an application to the Department to renew

the special license plate.

     5.  Except as otherwise provided in

subsection 6, a licensed dealer or rebuilder who is issued a special license

plate pursuant to the provisions of this section is subject to administrative

sanctions in accordance with the provisions of NRS 482.565 for any use of the

special license plate that is not authorized by NAC

482.042 or 482.0425.

     6.  If a special license plate is lost or

stolen, the dealer or rebuilder to whom the special license plate is issued is

not subject to administrative sanctions in accordance with the provisions of NRS 482.565 if he or she reports

the loss or theft to the Department on the first working day after becoming

aware of the loss or theft.

     7.  The Department may issue an additional

number of special license plates to a dealer or rebuilder who applies for an

additional number of special license plates pursuant to subsection 8.

     8.  If a dealer or rebuilder has entered into

an agreement with a manufacturer of vehicles concerning the sale and service of

vehicles which are loaned to customers and that agreement conflicts with the

limitation on the number of special license plates that may be issued pursuant

to subsection 1, the dealer or rebuilder may apply to the Department to have an

additional number of special license plates issued to him or her. The application

must be submitted on a form prescribed by the Department and must include:

     (a) A copy of the provision of the agreement that

conflicts with the limitation on the number of special license plates set forth

in subsection 1;

     (b) The number of special license plates requested

pursuant to this subsection;

     (c) A statement justifying the number of special

license plates requested pursuant to this subsection which is based on the

number of work or service orders issued by the dealer or rebuilder for vehicles

of the same make and line as the vehicles which are covered by the agreement;

     (d) A statement signed by the dealer or rebuilder

attesting to the fact that any special license plates requested pursuant to

this subsection will be used only on new vehicles which are of the same make

and line as the vehicles which are covered by the agreement; and

     (e) A description of each vehicle on which a

special license plate issued pursuant to this subsection will be displayed,

including, without limitation, the year, make, model and vehicle identification

number.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-4-96; A by R117-99, 12-13-99; A by Dep’t of Motor Veh. by R143-04, 9-10-2004)

      NAC 482.042  Vehicles loaned to customers: Restrictions on use of plates;

maintenance, availability and contents of records; violation of certain provisions. (NRS 482.160,

482.330, 482.565)

     1.  Except as otherwise provided in

subsection 3, a licensed dealer or rebuilder who is issued a special license

plate pursuant to the provisions of NAC 482.040

shall not allow the use of the special license plate on a vehicle that is

loaned to a customer in the course of business unless:

     (a) The vehicle constitutes inventory held for sale

by the dealer or rebuilder; and

     (b) The customer has not used any of the special

license plates issued to the dealer or rebuilder for more than 10 days in a

calendar year.

     2.  A licensed dealer or rebuilder shall

maintain a written record of each vehicle that is loaned to a customer in the

course of business and on which a special license plate is displayed. The

written record must be maintained at the established place of business of the

dealer or rebuilder and must be made available for inspection during normal

business hours by an authorized agent of the Department. The written record

must include:

     (a) The vehicle identification number and stock

number of the vehicle.

     (b) The number of the special license plate.

     (c) Each date on which the special license plate

was displayed, except that this information does not need to be included if the

special license plate was issued pursuant to subsection 7 of NAC 482.040.

     (d) The name of the customer that the dealer or

rebuilder authorized to use the special license plate.

     (e) The number assigned to the work or service

order required pursuant to subsection 3 if the special license plate has been

displayed more than 10 days in a calendar year or required pursuant to

subsection 4.

     3.  A licensed dealer or rebuilder who has

possession of a customer’s vehicle to repair or service the vehicle may allow

the use of a special license plate for more than 10 days in a calendar year if:

     (a) The intended repair or service is documented in

writing on a work or service order which has been signed by the customer; and

     (b) The intended repair or service cannot

reasonably be completed within 10 days.

     4.  In addition to the requirements set forth

in subsections 1, 2 and 3 of this section, a dealer or rebuilder who is issued

a special license plate pursuant to the provisions of subsection 7 of NAC 482.040 shall ensure that each vehicle on which a

special license plate is displayed:

     (a) Is clearly identified:

          (1) As a vehicle which is loaned to customers;

and

          (2) With the name of the dealer or rebuilder;

and

     (b) Is used only in connection with a verifiable

work or service order.

     5.  A special license plate issued pursuant

to subsection 7 of NAC 482.040 must not be used

interchangeably on different vehicles. A dealer or rebuilder may transfer a

special license plate issued pursuant to subsection 7 of NAC

482.040 to a different vehicle if:

     (a) He or she first provides in writing to the

Department, the information required pursuant to paragraph (e) of subsection 8

of NAC 482.040 for the vehicle upon which the

special license plate will be displayed; and

     (b) The special license plate has not yet expired

pursuant to the provisions of subsection 4 of NAC

482.040. If the special license plate has expired, a dealer or rebuilder is

required to pay to the Department the fee required pursuant to NRS 482.490 before transferring the

special license plate to a different vehicle.

     6.  For any violation of the provisions of

subsections 4 and 5, the Department may:

     (a) Impose an administrative fine in accordance

with the provisions of NRS 482.565

in the amount of $200 per day, but not to exceed a total of $2,500; and

     (b) Cancel any special license plate issued

pursuant to subsection 7 of NAC 482.040.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-4-96; A by R117-99, 12-13-99; A by Dep’t of Motor Veh. by R143-04, 9-10-2004)

      NAC 482.0425  Vehicles loaned to agency or organization: Restrictions on use of

plates; maintenance, availability and contents of records; tax-exempt

organizations. (NRS 482.160, 482.330)

     1.  A licensed dealer or rebuilder who is

issued a special license plate pursuant to the provisions of NAC 482.040 shall not allow the use of the special

license plate on a vehicle that is loaned to an agency or organization unless

the vehicle constitutes inventory held for sale by the dealer or rebuilder.

     2.  A licensed dealer or rebuilder shall

maintain a written record of each vehicle that is loaned to an agency or

organization and on which a special license plate is displayed. The written

record must be maintained at the established place of business of the dealer or

rebuilder and must be made available for inspection during normal business

hours by an authorized agent of the Department. The written record must

include:

     (a) The business name of the dealer or rebuilder;

     (b) The number of the business license of the

dealer or rebuilder;

     (c) The name of the agency or organization to which

the vehicle is loaned by the dealer or rebuilder;

     (d) The vehicle identification number and stock

number of the vehicle;

     (e) The number of the special license plate;

     (f) The date on which the vehicle is loaned to the

agency or organization;

     (g) A statement indicating that a policy of

liability insurance has been obtained for the vehicle; and

     (h) The name, title and signature of:

          (1) The person acting on behalf of the agency

or organization; and

          (2) The licensed dealer or rebuilder or person

acting on behalf of the licensed dealer or rebuilder.

     3.  Upon request by the Department, a licensed

dealer or rebuilder who loans a vehicle to an organization that is exempt from

taxation pursuant to the provisions of section 501(c)(3) of the Internal

Revenue Code shall, within 10 business days after receiving the request, submit

evidence satisfactory to the Department that the organization is exempt from

taxation pursuant to those provisions.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R117-99, eff. 12-13-99)

      NAC 482.043  Authorized users of loaned vehicles. (NRS 482.160,

482.330)  A

vehicle displaying a special license plate that is loaned by a licensed dealer

or rebuilder to:

     1.  A customer in the course of business may

be used by that customer for any purpose;

     2.  The State of Nevada may be used by an

officer or employee of this State in the furtherance of the business of this

State;

     3.  The Nevada System of Higher Education may

be used by an employee of the System for any purpose authorized by the System;

     4.  A school district may be used by an

officer or employee of the school district in the furtherance of the business

of the school district;

     5.  A county, city or town may be used by an

officer or employee of that county, city or town in the furtherance of the

business of the county, city or town; or

     6.  An organization that is exempt from

taxation pursuant to the provisions of section 501(c)(3) of the Internal

Revenue Code may be used by an officer, employee or agent of the organization

in the furtherance of the business of the organization.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R117-99, eff. 12-13-99)

      NAC 482.0435  Loan of vehicle not to result in direct profit for dealer or

rebuilder. (NRS 482.160, 482.330)  A licensed dealer or

rebuilder shall not accept any fee, compensation or other form of direct profit

from the loan of a vehicle displaying a special license plate that is issued

pursuant to the provisions of NAC 482.040.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R117-99, eff. 12-13-99)

      NAC 482.044  Vehicles operated pursuant to NRS

482.320: Issuance; inscription; fee; expiration and renewal. (NRS 482.160,

482.320, 482.330)

     1.  The Department will issue special license

plates to a licensed manufacturer, distributor, dealer or rebuilder for display

on a vehicle in accordance with the provisions of NRS 482.320 and subsection 1 of NRS 482.330.

     2.  Such a special license plate must be

inscribed with:

     (a) Distinguishing letters that are designed to

identify whether the license plate is used by a manufacturer, distributor,

dealer or rebuilder; and

     (b) At least four numbers.

     3.  The Department will collect the fee

required pursuant to NRS 482.490

for the issuance of such a special license plate.

     4.  Such a special license plate expires on

December 31 of each calendar year. A manufacturer, distributor, dealer or

rebuilder must submit an application to the Department to renew such a special

license plate before the expiration of the special license plate.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-4-96)

      NAC 482.046  Vehicles operated pursuant to NRS

482.320: Maximum number to be issued. (NRS 482.160,

482.320, 482.330)  The Department will issue

special license plates pursuant to NAC 482.044 to:

     1.  A manufacturer or distributor in a number

that does not exceed the number of principal owners or officers of the business

who are currently licensed.

     2.  A dealer or rebuilder in a number that

does not exceed one and one half times the number of salespersons and principal

owners, officers or heads of departments of the business who are currently

licensed.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-4-96)

      NAC 482.048  Vehicles operated pursuant to NRS

482.320: Restrictions on use; administrative sanctions; exception. (NRS 482.160,

482.320, 482.330)

     1.  A licensed manufacturer, distributor,

dealer or rebuilder who obtains special license plates pursuant to NAC 482.044 shall not authorize the use of such plates

on a vehicle which:

     (a) Is driven by a member of the family of a

principal owner, officer, head of a department or salesperson of the business,

if the family member is not licensed as a manufacturer, distributor, dealer,

rebuilder or salesperson;

     (b) Does not constitute inventory held for sale by

the manufacturer, distributor, dealer or rebuilder;

     (c) Is owned by the manufacturer, distributor,

dealer or rebuilder and has been rented or leased to a person;

     (d) Is operated in conjunction with or in

furtherance of a business other than the business for which the special license

plates were issued;

     (e) Has been sold;

     (f) Is not owned by the manufacturer, distributor,

dealer or rebuilder; or

     (g) Is driven by a person who is not licensed as a

manufacturer, distributor, dealer, rebuilder or salesperson, if that person has

used any of the special license plates issued to the manufacturer, distributor,

dealer or rebuilder for more than 10 days in a calendar year.

     2.  Except as otherwise provided in

subsection 3, a licensed manufacturer, distributor, dealer or rebuilder who has

been issued special license plates pursuant to NAC

482.044 is subject to administrative sanctions pursuant to NRS 482.565 for any use of such a

license plate that is prohibited by this section.

     3.  If a special license plate has been lost

or stolen, a manufacturer, distributor, dealer or rebuilder is not subject to

administrative sanctions pursuant to NRS

482.565 if he or she reports the loss or theft to the Department on the

first working day after discovering the loss or theft.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-4-96)

Temporary Licenses for Temporary Locations

      NAC 482.050  Definitions. (NRS 482.160, 482.327)  As used in NAC 482.050 to 482.085,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 482.055 and 482.060

have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-7-94)

      NAC 482.055  “Display a vehicle for sale” defined. (NRS 482.160,

482.327)  “Display

a vehicle for sale” means to display one or more vehicles owned or controlled

by a licensed dealer at a temporary location and at which:

     1.  A salesperson or representative of the

licensed dealer is present; or

     2.  A telephone or any other device for

communication with a salesperson or representative of the licensed dealer is

provided.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-7-94)

      NAC 482.060  “Exhibit vehicles” defined. (NRS 482.160, 482.327)  “Exhibit vehicles” means

to display three or more vehicles owned or controlled by a licensed dealer at a

single temporary location and at which:

     1.  The licensed dealer’s name is displayed

on or about each vehicle;

     2.  Any solicitation or sale is prohibited;

     3.  A salesperson or representative of the

licensed dealer is not present; and

     4.  A telephone or any other device for

communication with a salesperson or representative of the licensed dealer is

not provided.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-7-94; A 12-4-96)

      NAC 482.065  Circumstances under which required. (NRS 482.160,

482.327)  A

licensed dealer shall not exhibit, display for sale or sell a vehicle at a

temporary location without first obtaining a temporary license issued by the

Department pursuant to subsection 4 of NRS 482.327 for each temporary

location at which he or she intends to exhibit, display for sale or sell a

vehicle.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-7-94)

      NAC 482.070  Application. (NRS 482.160, 482.327)

     1.  In accordance with the provisions of this

section and subsection 4 of NRS

482.327, the Department will issue a temporary license to:

     (a) Exhibit vehicles; or

     (b) Display a vehicle for sale,

Ê to a licensed

dealer who applies to conduct such a business at a temporary location.

     2.  At least 3 days before the commencement

of a business at a temporary location, an applicant must submit to the

Department an application for a temporary license on forms supplied by the

Department.

     3.  The applicant must indicate in his or her

application whether he or she is applying for a temporary license to exhibit

vehicles or display a vehicle for sale.

     4.  The Department may require an applicant

to submit additional information as it deems necessary to evaluate the

application.

     5.  The applicant must submit to the

Department with his or her application:

     (a) A fee of:

          (1) Twenty-five dollars for each temporary

license to exhibit vehicles; or

          (2) Seventy-five dollars for each temporary

license to display a vehicle for sale; and

     (b) Evidence that the applicant has complied with

any applicable zoning restrictions and any applicable requirements for

obtaining a business license.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-7-94; A 12-4-96; A by Dep’t of Motor Veh. by R013-05, 10-31-2005)

      NAC 482.075  Period of validity; contents; limitation on number issued;

nontransferability. (NRS 482.160, 482.327)

     1.  A temporary license to:

     (a) Exhibit vehicles is valid for a period not to

exceed 21 days after the date on which it was issued.

     (b) Display a vehicle for sale is valid for a

period not to exceed 7 days after the date on which it was issued.

     2.  A temporary license to exhibit vehicles

will state that a licensed dealer is prohibited from:

     (a) Making any solicitation or sale;

     (b) Having his or her salesperson or representative

present; or

     (c) Providing a telephone or any other device for

communication with his or her salesperson or representative,

Ê at the

temporary location.

     3.  On or after January 1, 1997, the

Department will issue not more than six temporary licenses to display a vehicle

for sale to a licensed dealer during a calendar year.

     4.  A temporary license is not transferable

by the licensed dealer and is valid only for the particular temporary location

and person named in the license.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-7-94; A 12-4-96)

      NAC 482.080  Grounds for refusal to issue. (NRS 482.160, 482.327)  The Department will not

issue a temporary license if:

     1.  The applicant is not in compliance with

this chapter or chapter 482 of NRS.

     2.  The temporary location requested in the

application violates any applicable zoning restrictions and any applicable

requirements for obtaining a business license.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-7-94)

      NAC 482.085  Posting; additional requirements.

(NRS 482.160, 482.327)

     1.  A licensed dealer shall post his or her

temporary license in a conspicuous place at the temporary location so that it

is visible to the public.

     2.  In addition to the requirements set forth

in subsection 1, if a licensed dealer is issued a temporary license to display

a vehicle for sale, he or she shall display a sign at the temporary location

which:

     (a) Is at least 2 square feet in size; and

     (b) States the name of the licensed dealer.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-7-94)

Disclosure of Financial Records

      NAC 482.090  Brokers: Form for authorization of disclosure. (NRS 482.160,

482.333)

     1.  An authorization for the disclosure of

financial records required by the Department pursuant to subsection 6 of NRS 482.333 must be on a form

provided by the Department.

     2.  In addition to the requirements of NRS 239A.090, the form must

include, without limitation, a statement that the financial records and any

information concerning the financial

records:

     (a) Will only be used to assist the Division of

Compliance Enforcement of the Department to determine the suitability of an

applicant or licensee for initial or continued licensure pursuant to NRS 482.333 to 482.334, inclusive; and

     (b) Will not be disclosed or disseminated to any

person other than an employee of the Department who is authorized to issue a

license to an applicant pursuant to NRS

482.333 to 482.334,

inclusive, or to determine the suitability of an applicant or a licensee for such

licensure.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R116-99, eff. 12-13-99)

      NAC 482.095  Manufacturers, distributors, dealers and rebuilders: Form for

authorization of disclosure. (NRS 482.160, 482.352)

     1.  An authorization for the disclosure of

financial records required by the Department pursuant to subsection 3 of NRS 482.352 must be on a form

provided by the Department.

     2.  In addition to the requirements of NRS 239A.090, the form must

include, without limitation, a statement that the financial records and any

information concerning the financial

records:

     (a) Will only be used to assist the Division of

Compliance Enforcement of the Department to determine the suitability of an

applicant or licensee for initial or continued licensure pursuant to NRS 482.318 to 482.363105, inclusive; and

     (b) Will not be disclosed or disseminated to any

person other than an employee of the Department who is authorized to issue a

license to an applicant pursuant to NRS

482.318 to 482.363105,

inclusive, or to determine the suitability of an applicant or a licensee for

such licensure.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R116-99, eff. 12-13-99)

Advertising

      NAC 482.100  Definitions. (NRS 482.160, 482.351)  As used in NAC 482.100 to 482.250,

inclusive, unless the context otherwise requires:

     1.  “Advertisement” means any oral or printed

statement disseminated by the seller or lessor of a vehicle for the purpose of

inducing, or which is likely to induce, the purchase or lease of the vehicle,

including, but not limited to, statements:

     (a) Made in a newspaper or other publication or on

radio or television;

     (b) Contained in any notice, handbill, sign,

catalog or letter; or

     (c) Printed on any tag or label attached to or

accompanying the vehicle.

     2.  “Discount” means any deduction made from

the gross sales price of a vehicle by the seller.

     3.  “Down payment” means an amount a seller

receives in cash or trade from the purchaser of a vehicle that is used to

reduce the cash price of the vehicle.

     4.  “Invoice” means a written itemized

statement received by a dealer from the manufacturer of a vehicle listing the

price of the vehicle, the price of the optional equipment included with the

vehicle, if applicable, and the additional charges imposed by the manufacturer,

if applicable.

     [Dep’t of Motor Veh., Advertising Reg. part § 3, eff. 3-28-66;

A and renumbered as part § 9, 7-21-74; §§ 3, 4 & part 8, eff. 7-21-74]—(NAC

A 3-14-96)

      NAC 482.110  Exemptions; copy of regulations provided by dealer. (NRS 482.160,

482.351)

     1.  NAC 482.100

to 482.250, inclusive, do not apply to:

     (a) Any radio or television broadcasting station or

broadcaster; or

     (b) Any publisher, printer, distributor or owner,

any newspaper or magazine, billboard or other advertising medium, or any owner,

operator, agent or employee of any advertising agency or other business engaged

in preparing or disseminating advertising for public consumption on behalf of

any other person when the advertising is in good faith and he or she is without

knowledge of its untrue, deceptive or misleading character.

     2.  A dealer shall provide a copy of NAC 482.100 to 482.250,

inclusive, to:

     (a) Any advertising agent or agency or other business

engaged in preparing or disseminating advertisements for the dealer; and

     (b) Each employee assigned to preparing or

disseminating advertisements for the dealer.

     [Dep’t of Motor Veh., Advertising Reg. § 6, eff. 7-21-74]—(NAC

A 3-14-96)

      NAC 482.120  False, deceptive or misleading advertising prohibited. (NRS 482.160,

482.351)  No

person licensed under the provisions of chapter

482 of NRS, or any agent or employee of that person, may publish,

disseminate, display or cause directly or indirectly to be used, published,

disseminated, displayed or made in any newspaper, magazine or other

publication, by any radio, television, or other advertising medium or any other

advertising device, or by public outcry, proclamation or declaration, or any

other manner or means or method, but not limited to solicitation or dissemination

by mail, telephone or door-to-door contacts, any statement which is known, or

through the exercise of reasonable care, should be known to be false, deceptive

or misleading, in order to:

     1.  Induce any person to purchase, sell,

lease, dispose of, utilize or acquire any ownership, title or interest in any

vehicle or to enter into any obligation or transaction relating thereto; or

     2.  Include such a statement as a part of a

plan or scheme which intentionally misstates the cost or price of a vehicle for

the purposes of producing an erroneous belief by any person that the actual

cost or price is the same as stated in the advertisement.

     [Dep’t of Motor Veh., Advertising Reg. § 2, eff. 7-21-74]

      NAC 482.130  Accuracy of advertising. (NRS 482.160, 482.351)

     1.  Any advertised statements and offer for

the sale or lease of a specific vehicle indicating the condition, equipment and

price of the vehicle and the terms of the sale or lease must be clearly set

forth and based upon facts. Such an advertisement must clearly indicate that

only one vehicle is being offered for sale or lease. The vehicle must be

identified by the year and make of the vehicle and by no less than the last six

digits of the vehicle identification number or by stock number.

     2.  An advertisement for vehicles which have

the same make, model, year and price and are similarly equipped is not required

to list a stock number or the last six digits of the vehicle identification

number for each vehicle if the advertisement includes the make, model, year and

price of the vehicles. If the number of vehicles which are advertised is

limited, the advertisement must state the number of vehicles which are

available at the advertised price.

     3.  An advertisement must not present

information that is erroneous or misleading regarding which vehicle or vehicles

are being offered for sale at the price or prices indicated in the

advertisement.

     4.  If an advertisement includes the terms of

the sale of a vehicle:

     (a) The terms of the sale must not be presented in

a misleading or inaccurate manner; and

     (b) Any provision which qualifies the terms of the

sale must be:

          (1) If the advertisement is a printed

advertisement, printed in at least 8-point type in a type face that can be read

without extra effort; and

          (2) Except as otherwise provided in this

subparagraph, located in close proximity to the terms of the sale that are

qualified. If the qualifying provision is not so located, the advertisement

must clearly indicate that part of the advertisement that contains the

qualifying provisions.

     5.  The price and terms of the sale included

in an advertisement must remain available until the vehicle is sold, unless a

date of expiration is included in the advertisement.

     [Dep’t of Motor Veh., Advertising Reg. § 1, eff. 3-28-66;

A and renumbered as § 7, 7-21-74]—(NAC A 3-14-96)

      NAC 482.140  “Bait and switch” advertising and selling practices prohibited. (NRS 482.160,

482.351)

     1.  “Bait and switch” advertising and selling

practices must not be used. Vehicles advertised for sale must, unless otherwise

stated, be in the possession of the dealer, owner or advertiser as advertised

at the address given. Unless otherwise stated, the vehicles must be in a

condition to be demonstrated and be willingly shown and sold at advertised

prices and terms. The advertiser shall, upon request, present evidence to the

prospective purchaser that the advertised vehicles have been sold.

     2.  As used in this section, “bait and

switch” means to offer a vehicle at a low price to attract a prospective

purchaser in order to induce him or her to purchase a vehicle with a higher

price by disparaging the advertised vehicle.

     [Dep’t of Motor Veh., Advertising Reg. § 2, eff. 3-28-66;

A and renumbered as part § 8, 7-21-74; part § 3, eff. 3-28-66; A and renumbered

as part § 9, 7-21-74]—(NAC A 3-14-96)

      NAC 482.150  Price of vehicle advertised. (NRS 482.160, 482.351)

     1.  If the price of a vehicle is advertised,

the price must include all charges known to the dealer, including, but not

limited to:

     (a) Delivery charges imposed by the manufacturer or

distributor of the vehicle; and

     (b) Charges for servicing the vehicle imposed by

the dealer.

Ê The price may

exclude charges for the preparation of documents related to the sale of the

vehicle imposed by the dealer, if the charges are separately identified in the

advertisement and the amount of the charges is indicated.

     2.  Except as otherwise provided in this

subsection, any advertisement which includes the term “manufacturer’s suggested

retail price,” “MSRP,” “factory price” or a similar term must include the price

of the vehicle which includes any fee charged by the dealer and any

manufacturer’s discounts included on the sticker affixed to the window of the

vehicle. The price may exclude charges for the preparation of documents related

to the sale of the vehicle imposed by the dealer, taxes and fees for licenses.

     3.  A dealer shall not advertise a new

vehicle at a price which does not include the standard equipment and any

additional equipment which is listed on the invoice.

     4.  Statements such as “at cost,” “below

cost” or “below invoice,” must be construed literally. “Cost” is the actual

cash or invoice price paid by the dealer for the vehicle or vehicles offered.

If an advertisement contains a statement such as “at cost,” “below cost” or

“below invoice,” the dealer must, upon request, present to the prospective purchaser

the actual invoice.

     5.  If specific claims of savings are used in

an advertisement, the dealer must, upon request, explain to the prospective

purchaser the manner in which the savings are calculated. The term “wholesale”

must not be used in the business firm’s name, signs or display signs.

     6.  If the term “wholesale price” or “low

book price” is used in an advertisement, the price must correspond to the

appropriate value set forth for the vehicle in a recognized reference

publication.

     7.  As used in this section:

     (a) “Manufacturer’s suggested retail price” or

“MSRP” means the total price of the vehicle which is shown on the sticker which

is required to be affixed to the window of the vehicle pursuant to 15 U.S.C. §§

1601 et seq.

     (b) “Recognized reference publication” includes the

Kelley Blue Book, the National Automobile Dealer’s Association Used

Car Guide and any other publication of similar scope and reputation.

     [Dep’t of Motor Veh., Advertising Reg. § 4, eff. 3-28-66;

A and renumbered as § 10, 7-21-74]—(NAC A 3-14-96)

      NAC 482.155  Loan advertised. (NRS 482.160, 482.351)  If a dealer advertises a

loan for the purchase of a vehicle and includes in the advertisement:

     1.  The amount of the down payment;

     2.  The amount of the periodic payment;

     3.  The number of payments or the period over

which payments must be made; or

     4.  The amount of the finance charge,

Ê the dealer

shall include in the advertisement any other terms of the loan related to the

cost of the loan, including the annual percentage rate.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 3-14-96)

      NAC 482.160  Payments and down payments advertised. (NRS 482.160,

482.351)

     1.  The amount

of payments and down payments must not be stated in a manner that gives the

impression that it is the selling price of the vehicle.

     2.  The statement “no money down” or others

of similar import mean that the advertiser will deliver the vehicle described

to the purchaser without payment of any nature or without a trade-in.

     3.  Unless the advertiser clearly indicates

that there is a down payment, the amount quoted as the weekly, monthly or other

periods of installment payments must be understood to include the down payment.

     [Dep’t of Motor Veh., Advertising Reg. § 5, eff. 3-28-66;

A and renumbered as § 11, 7-21-74]

      NAC 482.165  Line of credit advertised. (NRS 482.160, 482.351)

     1.  If a dealer advertises a line of credit

for the purchase of vehicles and includes in the advertisement:

     (a) The periodic rate used to compute the annual

percentage rate;

     (b) The date the finance charge begins to accrue;

     (c) The method of determining the balance upon

which the finance charge is imposed;

     (d) The method of determining the finance charge;

or

     (e) The amount of any fee included in the line of

credit,

Ê the dealer

shall include in the advertisement all fees that will be charged for the line

of credit, including any membership or participation fees, and the annual

percentage rate.

     2.  If an advertisement includes the annual

percentage rate for a line of credit, it must be identified using the term

“annual percentage rate” or “APR.” If the rate included in the advertisement is

a variable periodic rate, that fact must be disclosed in the advertisement.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 3-14-96)

      NAC 482.170  Trade-in allowances advertised. (NRS 482.160, 482.351)  No specific amount or

range of amounts may be stated in an advertisement as an offer for a trade-in

if the amount or range of amounts stated is contingent upon the condition,

model or age of the prospective purchaser’s vehicle, unless those conditions

are stated in the advertisement. The use of phrases such as “up to,” “as much

as” or those of similar meaning, are not considered to be adequate explanation.

     [Dep’t of Motor Veh., Advertising Reg. § 6, eff. 3-28-66;

A and renumbered as § 12, 7-21-74]—(NAC A 3-14-96)

      NAC 482.175  Lease advertised. (NRS 482.160, 482.351)  If a dealer offers a

vehicle for lease, an advertisement for that vehicle must include a statement

that the vehicle is being offered for lease. If a dealer includes a term of the

lease in the advertisement, he or she shall include in the advertisement:

     1.  The total amount required before the

vehicle is delivered;

     2.  The number, period and amount of

payments;

     3.  If an option to buy the vehicle is

included in the lease, the price of the option or the method of determining the

price of the option;

     4.  If an option to buy the vehicle is not

included in the lease, a statement indicating that fact; and

     5.  The amount or method of determining the

amount of any charges imposed at the termination of the lease.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 3-14-96)

      NAC 482.180  Financing advertised. (NRS 482.160, 482.351)

     1.  The phrases “no finance charge,” “no

carrying charge” or similar expressions may not be used when there is a charge

for placing the transaction on a time-payment basis.

     2.  Terms featuring weekly, semimonthly or

other periodic payments must not be used unless purchasers are given contracts

payable in accordance with those terms; for example, weekly or semimonthly payments

may not be featured unless actually available.

     3.  Advertised claims such as “everybody

financed,” “no credit rejected,” “we finance anyone” and other similar

statements, are not permitted since no dealer can be assured that financing

will be extended or obtained due to adverse credit background, length or lack

of employment, or bankruptcy.

     4.  Advertised terms based upon payments

extending beyond 36 months must clearly state the number of months and any

other special considerations required to obtain these terms.

     [Dep’t of Motor Veh., Advertising Reg. § 7, eff. 3-28-66;

A and renumbered as § 13, 7-21-74]

      NAC 482.185  Rebate advertised. (NRS 482.160, 482.351)

     1.  If a dealer advertises a rebate on a

vehicle, an advertisement for the sale of that vehicle must include:

     (a) The amount of the rebate; and

     (b) If the dealer is required to make a

contribution toward the rebate, the statement “Dealer participation may affect

price of vehicle.”

     2.  As used in this section, “rebate” means a

monetary incentive offered by a manufacturer to a prospective purchaser to

induce him or her to purchase a vehicle.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 3-14-96)

      NAC 482.190  Trade styles and signs. (NRS 482.160, 482.351)

     1.  The words “finance,” “loan,” “discount”

or similar expressions may not be used in the firm name, signs or trade style

of a company offering vehicles for sale unless the firm is actually engaged in

the finance business and offering only bona fide repossessed vehicles.

     2.  The words “repo,” “repossessed” or

“repossession” may not be used in the business firm’s name or trade style,

signs or display signs. The words “repo,” “repossessed” or “repossession” may

be used through other means of advertising; for example, radio, television,

newspapers, magazines only when that firm identifies that particular vehicle by

vehicle identification number, the vehicle is identifiable as a repossessed

vehicle and will be sold for the unpaid balance and actual repossession costs

incurred.

     [Dep’t of Motor Veh., Advertising Reg. § 8, eff. 3-28-66;

A and renumbered as § 14, 7-21-74]

      NAC 482.200  Repossessions; unpaid balance. (NRS 482.160, 482.351)  The term “repossessed” may

be used only to describe vehicles presently and directly taken back from the

purchaser. Advertisers offering repossessed vehicles for sale shall provide

written proof of repossessions. The amount quoted as the unpaid balance and

actual repossession costs incurred must be the full selling price.

     [Dep’t of Motor Veh., Advertising Reg. § 9, eff. 3-28-66;

A and renumbered as § 15, 7-21-74]

      NAC 482.210  Used vehicles of current year models; demonstrators, executive

vehicles. (NRS 482.160, 482.351)

     1.  If a used vehicle of a current year model

is advertised, the first line of the advertisement must contain the word “used”

or the text must clearly indicate that the vehicle offered is used.

     2.  The term “demonstrator” or “executive

vehicle,” if used in advertising, refers to a vehicle which has never been

registered. The terms include vehicles used by new vehicle dealers or their

salespersons for demonstrating performance ability, but not vehicles purchased

by dealers or salespersons and used as their personal vehicles.

     [Dep’t of Motor Veh., Advertising Reg. § 10, eff. 3-28-66;

A and renumbered as § 16, 7-21-74; § 11, eff. 3-28-66; A and renumbered as §

17, 7-21-74]—(NAC A 3-14-96)

      NAC 482.220  Executive or official vehicles; taxicabs. (NRS 482.160,

482.351)

     1.  Executive or official vehicles, when

referred to in advertising, must have been used by executives, personnel of a

motor vehicle manufacturer or a dealer. These vehicles must not have been

registered.

     2.  Taxicabs

and vehicles owned by state, federal, city, county and political subdivisions

must be identified as such in their advertising. The word “commercial” or a

similar ambiguous term may not be used to describe these vehicles.

     [Dep’t of Motor Veh.,

Advertising Reg. § 12, eff. 3-28-66; A and renumbered as § 18, 7-21-74; § 13,

eff. 3-28-66; A and renumbered as § 19, 7-21-74]

      NAC 482.230  Vehicles advertised as offered by private parties. (NRS 482.160,

482.351)

     1.  A vehicle owned or in the possession of a

dealer or a salesperson must not be advertised to convey the impression the

vehicle is being offered by a private party. Clarification must be made by

adding the term “dealer” or “dlr” and the license number of the dealer or

salesperson to the advertisement.

     2.  Phrases such as “take over payments,”

“can be purchased by paying storage bill and taking over payments” and similar

phrases conveying an appeal made by a private party or distress appeals, must

not be used by dealers.

     3.  Descriptions of ownership made by a

dealer advertising consigned vehicles must be based on facts.

     [Dep’t of Motor Veh., Advertising Reg. § 14, eff. 3-28-66;

A and renumbered as § 20, 7-21-74]—(NAC A 3-14-96)

      NAC 482.240  Use of various selling techniques. (NRS 482.160,

482.351)

     1.  Unsupported claims of underselling are

not in the public interest and must not be used since it is obvious that no

dealer can be fully informed about every competitor’s prices at all times.

     2.  Use of cards, circulars or other

advertising with offers such as “would you take $...,” or “if I could get you

$... for your vehicle” must not be used. These are deceptive and detrimental to

the public’s interest.

     3.  No equipment, accessories or other

merchandise may be described as “free” if the advertised vehicle can be

purchased at a discount or lesser price without the articles. “Free” offers

which require the purchase of something else, or a contractual obligation, or

the performance of a service, must describe the conditions under which the

“free” offer may be obtained.

     4.  When words such as “guaranteed,”

“warranty” or other terms implying protection are used in advertising one or

more specified vehicles by radio, television, newspaper, magazines, display

signs or any other type of advertising and the warranty referred to does not

apply to all vehicles advertised, explanation must be given in clear and

concise language, specifying each vehicle to which the warranty or guarantee

does apply. The time and coverage of this guarantee or warranty must be clearly

stated in the advertising. The purchaser of a vehicle covered by a guarantee or

warranty must be provided with a written document stating the specific terms

and coverage.

     5.  Statements such as “write your own deal,”

“name your own price,” “name your own monthly payments,” “appraise your own

car” and similar phrases are obviously untrue and must not be used.

     [Dep’t of Motor Veh., Advertising Reg. § 15, eff. 3-28-66;

A and renumbered as § 21, 7-21-74; § 16, eff. 3-28-66; A and renumbered as §

22, 7-21-74; § 17, eff. 3-28-66; A and renumbered as § 23, 7-21-74; § 18, eff.

3-28-66; A and renumbered as § 24, 7-21-74; § 19, eff. 3-28-66; A and

renumbered as § 25, 7-21-74]

      NAC 482.250  Violations. (NRS 482.160, 482.351)

     1.  Violations of NAC

482.100 to 482.250, inclusive, may constitute

grounds for the suspension or revocation of the vehicle dealer’s, rebuilder’s

or leasing company’s license or the imposition of administrative fines by the

Director of the Department pursuant to the provisions of NRS 482.352, 482.353 and 482.565.

     2.  It is

sufficient in bringing any action pursuant to NAC

482.100 to 482.250, inclusive, that any

statement referred to in NAC 482.120 has a tendency

to deceive or mislead the public because of its false, deceptive or misleading

character, even though no member of the public is actually deceived or misled

by the statement.

     [Dep’t of Motor Veh.,

Advertising Reg. § 20, eff. 3-28-66; A and renumbered as § 1, 7-21-74; § 5,

eff. 7-21-74]—(NAC A 3-14-96; 4-15-97)

Sale of Used Vehicles

      NAC 482.254  “Defect” interpreted. (NRS 482.36667)  As used

in NRS 482.36661 and 482.36662 and NAC 482.262 and 482.268,

the Department will interpret the term “defect” to mean an imperfection,

weakness or deficiency in a component or system of the engine or drivetrain of

a vehicle that prevents or inhibits the engine, drivetrain or component thereof

from performing the function for which it was originally designed.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R163-97, eff. 5-27-98)

      NAC 482.256  “Reasonably thorough inspection” interpreted. (NRS 482.36667)  As used

in NRS 482.36661, the

Department will interpret the phrase “reasonably thorough inspection” to mean

an inspection of a used vehicle pursuant to NAC 482.260

in which the used vehicle is driven and inspected visually. The phrase does not

include the removal of any components of a used vehicle for the purpose of

conducting such an inspection.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R163-97, eff. 5-27-98)

      NAC 482.258  “Substantiated complaint” interpreted. (NRS 482.36667)  As used

in NRS 482.36662, the

Department will interpret the phrase “substantiated complaint” to mean a

complaint regarding a used vehicle dealer submitted to the Department by a

retail customer pursuant to subsection 1 of NRS 482.36664, which the

Department determines:

     1.  Pursuant to subsection 4 of NRS 482.36664, alleges a

violation by the used vehicle dealer of NRS 482.36655 to 482.36667, inclusive, or NAC 482.254 to 482.268,

inclusive; and

     2.  Was not resolved by the used vehicle

dealer in the manner recommended by the Department pursuant to subsection 4 of NRS 482.36664 or in another

manner acceptable to the Department or the retail customer who filed the

complaint.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R163-97, eff. 5-27-98)

      NAC 482.260  Requirements for inspection. (NRS 482.36667)

     1.  An inspection conducted pursuant to NRS 482.36661 must consist of:

     (a) An inspection of the condition of the engine of

the vehicle, which must include, without limitation, an examination of the

serviceability of:

          (1) The gaskets and seals of the engine,

conducted by checking visually for damage and leaks.

          (2) The block and heads, conducted by checking

visually for cracks and leaks.

          (3) The oil drain plug and oil pan gasket,

conducted by checking visually for leaks.

          (4) The oil filter or, if applicable, the oil

canister, conducted by checking visually for damage and, if applicable,

determining the cause of damage to the filter or canister.

          (5) The oil dip stick, conducted by checking visually

to determine if the dip stick is damaged, modified or missing.

          (6) The vehicle’s oil, conducted by checking

visually:

               (I) The level of the oil; and

               (II) Whether the oil is dirty or

contaminated.

          (7) The belts of the engine, excluding the timing

belt, conducted by checking visually and determining that each belt is present

and serviceable.

          (8) The gauge or warning light for oil

pressure, conducted by checking visually and verifying that the gauge or light

operates properly.

          (9) The crankshaft, connecting rods, camshaft,

lifters and pushrods, if so equipped, conducted by driving the vehicle to

determine whether the engine knocks or misses during operation.

     (b) An inspection of the condition of the

drivetrain and components thereof, which must include, without limitation, an

examination of the serviceability of:

          (1) The transmission and, if applicable, the

transfer case, conducted by checking visually:

               (I) The level of transmission fluid; and

               (II) The visible portion of the housing

and, if applicable, the case, for damage, cracks and leaks.

          (2) The clutch, if the vehicle has a manual

transmission, or the torque converter, if the vehicle has an automatic

transmission, conducted by driving the vehicle to determine if:

               (I) Shifting is difficult;

               (II) The gears slip; or

               (III) The clutch or torque converter

makes any unusual noises that may be indicative of mechanical problems.

          (3) The differential, conducted by driving the

vehicle to determine if there is unusual vibration or noise that cannot be

accounted for by the normal wear and tear which could reasonably be expected to

have occurred to that used vehicle or a used vehicle of similar age and with

similar mileage.

     (c) An inspection of the overall serviceability of

the engine and drivetrain of the vehicle, conducted by driving the vehicle and

noting any unusual noise, fumes, smoke or vibration.

     2.  As used in this section, “contaminated”

means containing coolant, fuel, particles of metal or other substances that are

not intended to be present within the oil of a motor vehicle.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R163-97, eff. 5-27-98)

      NAC 482.262  Performance of inspection; contents of written disclosure. (NRS 482.36667)

     1.  An inspection required pursuant to NRS 482.36661 must be conducted

by:

     (a) The used vehicle dealer who is selling the

vehicle;

     (b) A salesperson who is:

          (1) Employed by the used vehicle dealer; and

          (2) Licensed pursuant to NRS 482.362; or

     (c) A garage operator who is:

          (1) Hired by the used vehicle dealer to

conduct the inspection and disclosure; and

          (2) Registered with the Department pursuant to

NRS 487.565.

     2.  The written disclosure required pursuant

to NRS 482.36661 must include,

without limitation:

     (a) Except as otherwise provided in paragraph (c),

for each system or component that is required to be inspected pursuant to NAC 482.260, a notation indicating clearly whether the

system or component is:

          (1) In satisfactory condition;

          (2) In need of repair; or

          (3) In need of replacement.

     (b) For each system or component that is designated

as being in need of repair or replacement, a description of the defective

system or component with particularities sufficient to allow the consumer to

comprehend fully the extent of the defect.

     (c) If a system or component that is designated as

being in need of repair or replacement is subsequently repaired or replaced

before the used vehicle is sold at retail, a written notation of the repair or

replacement.

     (d) The name under which the used vehicle dealer

does business.

     (e) The address and telephone number of the

dealership of the used vehicle dealer.

     (f) The occupational license number of the used

vehicle dealer.

     (g) The year, make, model, vehicle identification

number and number of cylinders of the used vehicle, and whether the vehicle is

powered by a gas or diesel engine.

     (h) The date of inspection of the vehicle.

     (i) The printed name, signature and license number

or registration number of the person who:

          (1) Conducted the inspection; and

          (2) Prepared the disclosure.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R163-97, eff. 5-27-98)

      NAC 482.264  Written disclosure: Acknowledgment of receipt by customer;

retention by used vehicle dealer for records. (NRS 482.36667)

     1.  Before entering into a contract with a

customer for the sale of a used vehicle to which the provisions of NRS 482.36655 to 482.36667, inclusive, apply, a

used vehicle dealer or a salesperson employed by the used vehicle dealer shall:

     (a) Provide to the customer a copy of the

disclosure set forth in subsection 2 of NAC 482.262;

and

     (b) Require the customer to sign a statement in

substantially the following form: “I acknowledge that I received the disclosure

set forth in subsection 2 of NAC 482.262 before I

signed a contract of sale for the used vehicle described in that disclosure.”

     2.  The used vehicle dealer shall retain for

his or her records pursuant to NRS

482.3263 a fully completed copy of the disclosure provided to the customer

pursuant to paragraph (a) of subsection 1.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R163-97, eff. 5-27-98)

      NAC 482.266  Time limit for filing of complaint. (NRS 482.36667)  A

customer who wishes to submit a complaint pursuant to subsection 1 of NRS 482.36664 relating to the

purchase of a used vehicle to which the provisions of NRS 482.36655 to 482.36667, inclusive, apply, must

file the complaint with the Department within 30 days after the date of sale of

the vehicle, as identified on the dealer’s report of sale.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R163-97, eff. 5-27-98)

      NAC 482.268  Correction of defect for vehicle under express written warranty. (NRS 482.36667)  To

comply with subsection 2 of NRS

482.36662, a used vehicle dealer shall:

     1.  Within 5 working days after receipt from

a customer of notice that the operation of a vehicle for which a warranty is

valid has become impaired as a result of a defect in a component or system of

the vehicle’s engine or drivetrain, correct the defect or cause the defect to

be corrected without charge; or

     2.  If the defect cannot reasonably be

corrected within 5 working days:

     (a) Document in writing on a work or service order

or equivalent business form:

          (1) The nature of the defect;

          (2) The work or service necessary to correct

the defect or cause the defect to be corrected; and

          (3) The period necessary to correct the defect

or cause the defect to be corrected; and

     (b) Provide to the customer a copy of the

documentation required pursuant to paragraph (a).

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R163-97, eff. 5-27-98)

Dealers: Form for Transfer of Ownership of Vehicle

      NAC 482.2685  “Dealer reassignment of title form” defined. (NRS 482.160,

482.400)  As used

in this section and NAC 482.269 and 482.2695, unless the context otherwise requires,

“dealer reassignment of title form” means a form provided by the Department

pursuant to NRS 482.400 for use

by a dealer for the transfer of ownership of a vehicle.

     (Added to NAC by Dep’t of Motor Veh. by R084-02, eff. 9-11-2002)

      NAC 482.269  Prerequisites to use of form. (NRS 482.160, 482.400)  A dealer may use a dealer

reassignment of title form to transfer the ownership of a vehicle if:

     1.  The certificate of ownership is not

available at the time of the transfer for any reason other than the certificate

of ownership is being held by a lienholder or has been lost or stolen; or

     2.  The spaces provided on the reverse side

of the certificate of ownership have been filled in or struck through.

     (Added to NAC by Dep’t of Motor Veh. by R084-02, eff. 9-11-2002)

      NAC 482.2695  Procedure for use of form. (NRS 482.160, 482.400)

     1.  If a dealer uses a dealer reassignment of

title form to transfer the ownership of a vehicle, the dealer shall, before

submitting documentation concerning the transaction to the Department:

     (a) Write the number of the dealer reassignment of

title form in the upper right corner of the reverse side of the certificate of

ownership for the vehicle;

     (b) Attach the dealer reassignment of title form to

the certificate of ownership;

     (c) Strike through any spaces on the reverse side

of the certificate of ownership that remain unfilled; and

     (d) If the buyer is not a dealer, provide the buyer

with an opportunity to examine:

          (1) The certificate of ownership or a

photocopy of the certificate of ownership; and

          (2) Any power of attorney for the purpose of

mileage disclosure that was given to the dealer in connection with his or her

acquisition of the vehicle.

     2.  As used in this section:

     (a) “Buyer” means any person:

          (1) To whom ownership of a vehicle is

transferred by purchase, gift or any means other than the creation of a

security interest; or

          (2) Who signs an odometer disclosure statement

as an agent for a buyer.

     (b) “Power of attorney for the purpose of mileage

disclosure” means the form described in 49 C.F.R. § 580.13.

     (Added to NAC by Dep’t of Motor Veh. by R084-02, eff. 9-11-2002)

SHORT-TERM LESSORS

      NAC 482.272  Purchase of book of temporary permits; fees; limitations. (NRS 482.160,

482.3965)

     1.  A short-term lessor who is licensed by

the Department may purchase a book containing 50 temporary permits to operate a

vehicle. In accordance with NRS

482.3965, each temporary permit is valid for 30 days.

     2.  A fee of $1,000 must be paid for each

book of temporary permits.

     3.  A short-term lessor may not purchase or

have in his or her possession more than five books of temporary permits at one

time. An additional book of permits may be purchased upon the return of each

completed book of permits.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 4-25-94; A by Dep’t of Motor Veh. by R102-05, 10-31-2005)

      NAC 482.274  Restrictions on issuance of temporary permits. (NRS 482.160,

482.3965)

     1.  A short-term lessor or his or her representative

shall not:

     (a) Issue more than one temporary permit per

vehicle for the operation of the vehicle.

     (b) Issue a temporary permit to a person for the

operation of a vehicle that is leased from another lessor.

     2.  Representatives of a short-term lessor

may issue permits only after the short-term lessor provides the Department with

a list of the names of the representatives who he or she has authorized to

issue temporary permits.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 4-25-94)

      NAC 482.276  Format of temporary permit to operate vehicle. (NRS 482.160,

482.3965)

     1.  Each temporary permit to operate a vehicle

must:

     (a) Contain three copies. The original copy must be

blue, the second copy must be green, and the third copy must be white.

     (b) Provide a space for the vehicle identification

number. The vehicle identification number must be indicated in this space.

     (c) Provide a space for the date of the

commencement of the permit. The date must be indicated in this space.

     (d) Provide a space for a signature. The person

issuing the permit must sign his or her name in this space.

     (e) Provide space for any additional information

required by law or which the Department deems necessary and appropriate.

     2.  All of the information required to be

placed on the permit pursuant to subsection 1 must be written legibly on the

permit before it is issued. If the signature on the temporary permit is

illegible, the name of the person signing the permit must be printed in a

legible manner below the signature. A permit which is not complete or which

contains incorrect information is void.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 4-25-94)

      NAC 482.278  Distribution of copies of temporary permit. (NRS 482.160,

482.3965)

     1.  The original copy of a temporary permit must

be placed in the lower corner of the windshield on the driver’s side of the

motor vehicle for which the permit is issued.

     2.  The second copy of a temporary permit

must be submitted to the Department.

     3.  The third copy of a temporary permit must

remain in the book of temporary permits. The book of temporary permits

containing the third copy of each temporary permit issued must be returned to

the Department not later than 10 days after the last permit in the book is

issued.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 4-25-94)

      NAC 482.280  Registration of car for which temporary permit is issued;

credits; refunds; limitations. (NRS 482.160, 482.3965)

     1.  A

short-term lessor must register each car for which a temporary permit is issued

before the temporary permit expires. Registration fees become delinquent for

the purposes of NRS 371.140 and 482.515 upon the expiration of the

temporary permit.

     2.  A short-term lessor who registers a

vehicle for which a temporary permit has been issued must request the credit

towards the fee for registering the vehicle which he or she is entitled to

receive pursuant to NRS 482.3965

at the time of registration.

     3.  A short-term lessor may not obtain a

refund if the fee for registration is less than the credit he or she receives.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 4-25-94)

      NAC 482.282  “Governmental entity” interpreted for certain purposes. (NRS 482.160,

482.313)  For the

purposes of enforcing the provisions of NRS 482.313, “governmental entity”

means the Federal Government or an agency thereof, this State or an agency

thereof, or any city, county, town or other political subdivision of this

State.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 4-25-94)

      NAC 482.284  Identification for certain purposes of vehicle licensing fees

paid by short-term lessor. (NRS 482.160, 482.313)

     1.  For the purposes of enforcing the provisions

of NRS 482.313, the fees paid by

a short-term lessor for the registration of, and the issuance of certificates

of title for, the passenger cars leased by him or her include only the fees

paid by a short-term lessor for:

     (a) Registration or the transfer of registration

pursuant to NRS 482.480;

     (b) The issuance of a certificate of title or

duplicate certificate of title pursuant to NRS 482.429 and NAC 482.907;

     (c) The issuance of any duplicate or substitute

certificate of registration, decal or number plate pursuant to subsection 1 of NRS 482.500;

     (d) The issuance of any replacement plate or set of

plates pursuant to subsection 2 of NRS

482.500;

     (e) The issuance of a temporary permit pursuant to

subsection 2 of NRS 482.3965;

     (f) The issuance of a license plate pursuant to NRS 482.268; and

     (g) An inspection pursuant to subsection 3 of NRS 482.220.

     2.  Such fees do not include:

     (a) Delinquent fees and penalties imposed pursuant

to NRS 371.140 or 482.515;

     (b) Sales or use taxes imposed pursuant to NRS 372.105, 372.185, 374.110, 374.190, 377.040, 377A.030 or 543.600; or

     (c) Fees for the reinstatement of registration

pursuant to NRS 482.480.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 4-25-94; A by Dep’t of Motor Veh. by R033-11, 12-30-2011, eff. 1-1-2012)

      NAC 482.286  Maintenance and inspection of documents for verifying quarterly

reports. (NRS 482.160, 482.313)

     1.  Each short-term lessor shall retain

records, receipts, invoices and other pertinent papers verifying the report

filed with the Department of Taxation pursuant to paragraph (a) of subsection 2

of NRS 482.313.

     2.  Each such record, receipt, invoice and

other pertinent paper must be preserved intact for at least 4 years after the

date that the record, receipt, invoice or paper was made.

     3.  The records, receipts, invoices and other

pertinent papers must be available at all times during normal business hours

for examination and copying by the Department of Taxation or its authorized

agents.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 4-25-94; A 4-15-97; R085-02, 9-6-2002; A by Dep’t of Motor Veh. by R065-12,

11-1-2012)

      NAC 482.288  Separate listing of certain charges on lease agreement. (NRS 482.160,

482.313)

     1.  Each short-term lessor shall list the fee

of 6 percent imposed pursuant to subsection 1 of NRS 482.313 on each lease agreement

as an item on a line separated from all other listed charges, and shall

identify that fee on the lease agreement as “Governmental Services Fee.”

     2.  If a short-term lessor charges and

collects from a short-term lessee a recovery surcharge pursuant to paragraph

(c) of subsection 1 of NRS 482.313,

the short-term lessor shall list the surcharge on each lease agreement as an

item on a line separated from all other listed charges, and shall identify that

surcharge on the lease agreement as “Recovery Surcharge.”

     (Added to NAC by Dep’t

of Motor Veh. & Pub. Safety, eff. 4-25-94; A by R085-02, 9-6-2002)

      NAC 482.290  Acknowledgment of lessee concerning short-term lease of

replacement vehicle. (NRS 482.313)

     1.  In a county where a fee is imposed

pursuant to NRS 244A.810 or 244A.860 upon the lease of a

passenger car by a short-term lessor, a short-term lessor may include in such a

lease an acknowledgment in substantially the following form:

 

ACKNOWLEDGMENT OF

LESSEE CONCERNING

SHORT-TERM LEASE OF

REPLACEMENT VEHICLE

 

     I understand and acknowledge that if I am renting this

vehicle for the purpose of using it in place of a motor vehicle I own that is

unavailable for use because of mechanical breakdown, repair, service, damage or

loss as defined in my policy of liability insurance for that unavailable motor

vehicle, I may claim an exemption from the county fee imposed pursuant to chapter 244A of the Nevada Revised

Statutes upon the short-term lease of a passenger vehicle.

     I understand and acknowledge that by placing my initials

below, I am affirming that I am in fact renting this vehicle for the purpose of

using it in place of a motor vehicle I own that is unavailable for use as

described above.

     I further understand and acknowledge that if I place my

initials below and I am not in fact renting this vehicle for the purpose of

using it in place of a motor vehicle I own that is unavailable for use as

described above, I may be held liable for any fee that is waived or refunded to

me by virtue of my having placed my initials below.

 

                   ..............

                    (initials)

 

     2.  The Department of Taxation shall make

available at its office and on its Internet website acknowledgments in

substantially the form prescribed in subsection 1.

     3.  A short-term lessor who obtains the

initials of a short-term lessee on an acknowledgment in substantially the form

prescribed in subsection 1:

     (a) Is not required to collect from the short-term

lessee any fee imposed by a county pursuant to NRS 244A.810 or 244A.860 upon any lease to which

the acknowledgment applies, unless the short-term lessor obtains those initials

with intent to defraud the Department of Taxation or to evade the payment of

the fee.

     (b) Shall file the initialed acknowledgment with

his or her records and make the acknowledgment available to the Department of

Taxation for inspection upon request.

     4.  This section does not require a

short-term lessor to inform a short-term lessee of the potential availability

of any exemption from a fee imposed by a county pursuant to NRS 244A.810 or 244A.860 upon the lease of a

passenger car by a short-term lessor.

     5.  As used in this section, the words and

terms defined in NRS 482.053 and

482.087 have the meanings

ascribed to them in those sections.

     (Added to NAC by Dep’t of Taxation by R033-04, 5-12-2004)

LICENSE PLATES: GENERALLY

      NAC 482.295  Fee to defray cost of producing license plate. (NRS 482.268)

     1.  Except as otherwise provided in

subsection 2, each person who applies for a license plate for a motor vehicle,

trailer or semitrailer must pay a fee of $3 to the Department pursuant to

paragraph (b) of subsection 1 of NRS

482.268 to defray the cost of producing the license plate.

     2.  A person is not required to pay the fee

pursuant to subsection 1 if the cost of producing the license plate is

otherwise charged pursuant to chapter 482

of NRS or any regulations adopted pursuant thereto.

     (Added to NAC by Dep’t of Motor Veh. by R026-13, eff.

10-4-2013)

SPECIAL LICENSE PLATES FOR HONORARY CONSULS OF FOREIGN

COUNTRIES

      NAC 482.315  Submission of valid consular identification card. (NRS 482.3675)  A person

who holds a letter of appointment as an honorary consul and who wishes to

obtain or renew a special license plate pursuant to NRS 482.3675 must, in addition to

any other requirement, submit to the Department a valid consular identification

card issued by the United States Department of State which indicates that the

card is issued to an honorary consular officer.

     (Added to NAC by Dep’t of Motor Veh. by R078-07, eff. 6-17-2008)

PERSONALIZED PRESTIGE LICENSE PLATES

      NAC 482.320  Nomenclature used. (NRS 482.160, 482.3667)

     1.  The letter “O,” the letter “I” and the

letter “Q” must not be used alone but may be used with a combination of other

letters and numbers if the combination does not create confusion between the

letter “O” or “Q” and the number “0” or between the letter “I” and the number

“1.”

     2.  Only letters, numbers and spaces may be

used on personalized prestige license plates. Letters, numbers and spaces may

be used in any combination not prohibited by this section or NRS 482.3667.

     3.  A blank plate will not be issued.

     4.  No letter or number may be placed on a

personalized prestige license plate upside down or backwards or in other than

its normal legible position.

     5.  No more than seven characters may be on

any one personalized prestige license plate.

     6.  No combination of letters, numbers or

spaces is allowed if it:

     (a) Creates confusion with any combination on other

license plates.

     (b) Expresses contempt, ridicule or superiority of:

          (1) Race;

          (2) Ethnic heritage;

          (3) Religion; or

          (4) Gender.

     (c) Contains any connotation that is sexual,

vulgar, derogatory, profane or obscene.

     (d) Contains a direct or indirect reference to a:

          (1) Drug or drug paraphernalia; or

          (2) Gang.

     (e) Makes a defamatory reference to a person or

group.

     7.  The person who first applies for a

particular letter or number or combination of letters, numbers or spaces and

pays the prescribed fee for registration and for the personalized prestige

license plates has priority to receive plates with that particular letter or

number or combination of letters, numbers or spaces once the application has

been accepted by the Department.

     [Dep’t of Motor Veh., Personalized License Plates Reg.

§ IV, eff. 1-21-72; A 10-26-73]—(NAC A 10-26-83; 4-15-97; R095-11, 2-15-2012)

      NAC 482.330  Nonissuance to state or political subdivisions. (NRS 482.160,

482.3667)  No state

or political subdivision of a state will be issued personalized prestige

license plates.

     [Dep’t of Motor Veh.,

Personalized License Plates Reg. § III, eff. 1-21-72; A 10-26-73]—(NAC A 10-26-83)

      NAC 482.340  Reservations. (NRS 482.160, 482.3667)  Any letter or number or

combination of letters, numbers or spaces which is available for issuance may

be reserved for a period of 30 days after the date on which the applicant makes

his or her reservation with the Department. If license plates are to be

manufactured in a new format, the Director will extend the period of a

reservation long enough to allow an applicant to receive plates in the new

format.

     [Dep’t of Motor Veh., Personalized License Plates Reg.

§ V, eff. 1-21-72; A 10-26-73]—(NAC A 10-26-83)

      NAC 482.350  Time to pick up plates. (NRS 482.160, 482.3667)  The Department will

notify, by mail, a person who has applied for personalized prestige license

plates when the license plates are available to be picked up. The applicant has

a period of 60 calendar days after the date on which this notification is sent

to pick up the license plates from the Department. If the applicant fails to

pick up the license plates within the 60-day period, the Department will

destroy the license plates.

     [Dep’t of Motor Veh., Personalized License Plates Reg.

§ VI, eff. 1-21-72; A 10-26-73]—(NAC A 4-15-97; R158-01, 2-12-2002)

      NAC 482.370  Revocation, cancellation or nonrenewal. (NRS 482.160,

482.3667)  The

Department will revoke, cancel, or not renew any personalized prestige license

plates which have been issued contrary to the provisions of NAC 482.320 to 482.370,

inclusive.

     [Dep’t of Motor Veh., Personalized License Plates Reg.

§ VII, eff. 1-21-72; A and renumbered as § VIII, 10-26-73]—(NAC A 10-26-83)

LICENSE PLATES FOR AMATEUR RADIO STATION

      NAC 482.380  Format. (NRS 482.160, 482.375)  All amateur radio station

special plates will be manufactured so as to comply with the license plate

format which is currently in use.

     [Dep’t of Motor Veh., Amateur Radio Station License

Plates Reg. § II, eff. 10-7-73]

      NAC 482.390  Nomenclature used. (NRS 482.160, 482.375)  Only letters and numbers

are to be used on amateur radio station special plates. There may be no more

than six characters on any amateur radio station special plate.

     [Dep’t of Motor Veh., Amateur Radio Station License

Plates Reg. § III, eff. 10-7-73]

      NAC 482.400  Eligibility. (NRS 482.160, 482.375)  Amateur radio station

special license plates may be issued to a resident of the State who holds an

unrevoked and unexpired official amateur radio station license issued by the

Federal Communications Commission. This requirement does not include licenses

issued by the Federal Communications Commission to amateur radio stations

operating on either a temporary basis or as a portable station in Nevada, or

the licenses issued by the Federal Communications Commission to one classified

as a “novice.”

     [Dep’t of Motor Veh., Amateur Radio Station License

Plates Reg. § I, eff. 10-7-73]

      NAC 482.410  Application. (NRS 482.160, 482.375)  All applications for

amateur radio station special plates must be submitted on a form prescribed by

the Department and be accompanied by a true and exact copy of the amateur radio

station license as issued by the Federal Communications Commission. All

applications will be submitted to Carson City for approval and acceptance.

     [Dep’t of Motor Veh.,

Amateur Radio Station License Plates Reg. § IV, eff. 10-7-73]

      NAC 482.420  Cancellation or termination. (NRS 482.160, 482.375)  Upon expiration,

cancellation or revocation of the amateur radio license as issued by the

Federal Communications Commission the amateur radio station special plates must

be returned to the Department for cancellation. If credit from the cancelled

plates is due, upon termination of the amateur radio station special plates,

the credit may be applied toward issuance of Nevada plates for the next 12

consecutive months.

     [Dep’t of Motor Veh.,

Amateur Radio Station License Plates Reg. § V, eff. 10-7-73]

CIRCA 1982 REPLICA LICENSE PLATES

      NAC 482.422  “Circa 1982 replica license plate” defined. (NRS 482.160,

482.266)  As used

in NAC 482.422 to 482.428,

inclusive, unless the context otherwise requires, “circa 1982 replica license

plate” means a regular or personalized prestige license plate that is

substantially in the same color and form as a license plate manufactured before

January 1, 1982.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R025-00, eff. 5-23-2000)

      NAC 482.424  Nomenclature used. (NRS 482.266)

     1.  The Department will provide a form to

apply for a circa 1982 replica license plate. The form will contain, without

limitation, spaces for the applicant to specify the registration number or

combination of letters and numbers that the applicant requests to appear on the

license plate. This requested number or combination of letters and numbers may

be that of a:

     (a) Regular license plate that is currently

registered to the applicant;

     (b) Substitute license plate;

     (c) Personalized prestige license plate that is

currently registered to the applicant; or

     (d) New personalized prestige license plate.

     2.  As used in this section, “substitute

license plate” means a license plate bearing a registration number or

combination of letters and numbers that was once assigned by the Department but

that is not currently registered for use.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R025-00, eff. 5-23-2000)

      NAC 482.426  Application; fee. (NRS 482.266)  To

obtain a circa 1982 replica license plate, a person must, in addition to the

requirements of NRS 482.266:

     1.  Submit the completed application form

provided by the Department pursuant to NAC 482.424;

and

     2.  Pay a manufacturing fee of $25.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R025-00, eff. 5-23-2000)

      NAC 482.428  Applicability of provisions to personalized prestige license

plate. (NRS 482.160, 482.266, 482.3667)  The issuance of a circa

1982 replica license plate that is a personalized prestige license plate is, in

addition to the provisions of NRS

482.3667, 482.3669 and 482.367, subject to the provisions

of NAC 482.320 to 482.370,

inclusive.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R025-00, eff. 5-23-2000)

FARM VEHICLES

      NAC 482.429  “Unladen weight” defined. (NRS 482.160)  As used

in this section and NAC 482.430 and 482.440, unless the context otherwise requires,

“unladen weight” has the meaning ascribed to it in NRS 706.141.

     (Added to NAC by Dep’t of Motor Veh. by R159-09, eff. 4-20-2010)

      NAC 482.430  “Farmer” and “rancher” interpreted. (NRS 482.162)

     1.  For the purposes of NRS 482.036 and 706.071, “farmer” or “rancher”

means a person who derived at least two-thirds of his or her gross income for

the previous tax year from cultivating the soil or raising agricultural

commodities, including such activities as:

     (a) The operation of a stock, poultry, bee, fruit

or truck farm;

     (b) The operation of a dairy, plantation, ranch,

nursery or orchard;

     (c) The collection of a portion of share crops;

     (d) The sale of draft, dairy, range or sporting

livestock; or

     (e) The sale of livestock for breeding.

     2.  For the purposes of this section, “gross

income” does not include wages received as a farm or ranch employee or passive

income from a farm or ranch corporation.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-26-91)

      NAC 482.440  Registration: Required affidavit and proof; false or fraudulent

affidavit or application; renewal. (NRS 482.160, 482.162)

     1.  A person who applies to the Department

for the initial registration of a farm vehicle shall submit:

     (a) On a form furnished by the Department an

affidavit stating that:

          (1) The applicant is a farmer or rancher as

defined in NAC 482.430; and

          (2) The applicant’s vehicle is a farm vehicle

as defined in NRS 482.036; and

     (b) Proof of the weight of the farm vehicle. Such

proof must include:

          (1) A public weighmaster certificate as

defined in NAC 582.010; or

          (2) A printout from a scale which has been

certified by the State Sealer of Consumer Equitability.

     2.  Such an applicant shall also submit to

the Department any additional proof deemed necessary by the Department to

establish that the applicant is a farmer or rancher.

     3.  If the registration of a farm vehicle is

based upon a false or fraudulent affidavit or application for registration, the

Department will, upon discovery of that fact, suspend the registration of the

vehicle and require the return to the Department of the license plates issued

for the vehicle.

     4.  An applicant for the renewal of

registration of a farm vehicle must submit an affidavit and proof of weight of

the farm vehicle in the manner required by subsection 1 for the initial

registration if the weight of the farm vehicle has changed since the initial

registration.

     5.  The registration fees for a farm vehicle

must be calculated based on the unladen weight of the farm vehicle.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-26-91; A by Dep’t of Motor Veh. by R159-09, 4-20-2010)

NOTICE OF NONPAYMENT

      NAC 482.450  “Notice of nonpayment” defined. (NRS 481.051, 482.160, 482.2805, 484B.527)  As used

in NAC 482.450 to 482.480,

inclusive, unless the context otherwise requires, “notice of nonpayment” means

a notice that is filed with the Department by a local authority pursuant to NRS 484B.527.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R162-97, eff. 1-30-98; A by Dep’t of Motor Veh. by R065-12, 11-1-2012)

      NAC 482.465  Fee for creation, maintenance or revision of records by

Department. (NRS 481.051, 482.160, 482.2805, 484B.527)

     1.  Except as otherwise provided in

subsection 2 and NAC 482.470, the Department will

charge a local authority a fee of $5 each time the Department creates,

maintains or revises a record concerning a notice of nonpayment, including,

without limitation, each time the Department:

     (a) Accepts or receives such a notice of

nonpayment; and

     (b) Releases from the records of the Department

such a notice of nonpayment:

          (1) In accordance with subsection 1 of NRS 482.2805, upon presentation to

the Department of a receipt issued by the local authority pursuant to NRS 482.2807; or

          (2) Upon receipt of notice from the local

authority indicating that the notice of nonpayment was created in error.

     2.  The Department will charge a local

authority a fee of $1 each time the Department releases from the records of the

Department a notice of nonpayment in accordance with subsection 5 of NRS 482.2805.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R162-97, eff. 1-30-98; A by R116-99, 12-13-99)

      NAC 482.470  Release of notice for payment in full; limit to charge for

release. (NRS 481.051, 482.160, 482.2805, 484B.527)

     1.  A notice of nonpayment may be released by

either the Department or the local authority upon full payment from or on

behalf of the registered owner named on the notice.

     2.  The Department will not charge the local

authority more than one time for the release of a notice of nonpayment.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R162-97, eff. 1-30-98)

      NAC 482.475  Invoice for fee charged; letter regarding failure to pay fee or

delinquent fee. (NRS 481.051, 482.160, 482.2805, 484B.527)

     1.  On or before the 15th day of each month,

the Department will send to each local authority to which a fee has been

charged pursuant to NAC 482.465 an invoice. The

invoice will set forth the total amount owed to the Department, including any

unpaid balance from a previous invoice.

     2.  If a local authority fails to pay a fee

within 60 days after the first invoice for that fee is sent by the Department,

the Department will send the local authority a letter notifying the local

authority that the payment of the fee is delinquent.

     3.  If the local authority fails to pay a

delinquent fee within 30 days after the Department has sent a letter pursuant

to subsection 2, the Department will send the local authority a letter

notifying the local authority that the Department will not create, maintain or

revise any records concerning a notice of nonpayment on behalf of that local

authority until the delinquent fee has been paid.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R162-97, eff. 1-30-98)

      NAC 482.480  Contents of notice; accuracy of information. (NRS 481.051,

482.160, 482.2805, 484B.527)

     1.  In addition to the information required

pursuant to subsection 2 of NRS

484B.527, when a local authority files with the Department a notice of

nonpayment, the notice must include:

     (a) The name of the local authority;

     (b) The type of license plate of the vehicle of the

registered owner to whom the notice applies;

     (c) The unique, sequential number assigned to the

citation issued to the registered owner by the local authority;

     (d) The statute, regulation or ordinance pursuant

to which the citation was issued;

     (e) The classification of offense for which the

citation was issued;

     (f) The time of the offense set forth in military

format; and

     (g) The name of the registered owner of the vehicle

for which the citation was issued and, if different, the name of the person to

whom the citation was issued.

     2.  A local authority shall ensure the

accuracy of the information submitted to the Department in a notice of

nonpayment. If the local authority determines that any such information is

erroneous, the local authority shall revise the information as soon as possible

and notify the Department.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R162-97, eff. 1-30-98)

VEHICLE IDENTIFICATION NUMBERS

      NAC 482.501  Definitions. (NRS 481.051, 482.160)  As used in this section

and NAC 482.505 and 482.511,

unless the context otherwise requires:

     1.  “Public vehicle identification number”

means the 17-digit number required pursuant to Part 565 of Title 49 of the Code

of Federal Regulations.

     2.  “Vehicle identification number” means the

number placed on one or more of the essential parts of a vehicle by the

manufacturer or the Department. The term includes, without limitation, the

public vehicle identification number.

     (Added to NAC by Dep’t of Motor Veh. by R038-04, eff.

11-2-2004)

      NAC 482.505  General requirements for unique vehicle identification number. (NRS 481.051,

482.160)

     1.  If a vehicle is rebuilt, reconstructed,

repaired or specially constructed in such a way that the vehicle identification

number placed on one essential part is different than the vehicle identification

number placed on any other essential part, the owner of the vehicle shall

obtain a unique vehicle identification number from the Department.

     2.  If the vehicle has never been registered

in this State, or another state or jurisdiction, the owner must present the

vehicle at an office of the Department for the assignment, recordation and

placement of a unique vehicle identification number before a certificate of

registration or certificate of title will be issued.

     3.  If the vehicle is, or has been,

registered in this State, or another state or jurisdiction, the owner shall

present the vehicle at an office of the Department for the assignment,

recordation and placement of a unique vehicle identification number not later

than 30 days after the owner discovers that the vehicle identification number

placed on one essential part is different than the vehicle identification

number placed on any other essential part.

     4.  A vehicle assigned a unique vehicle

identification number pursuant to this section must be registered under that

number.

     5.  The unique vehicle identification number

assigned to a vehicle pursuant to this section must be used in any description

of the vehicle required pursuant to this chapter or chapter 482 of NRS.

     6.  For the purposes of this section, an

essential part that does not have a vehicle identification number placed on it

shall be deemed to have a different vehicle identification number than an

essential part that does have such a number placed on it.

     (Added to NAC by Dep’t of Motor Veh. by R038-04, eff.

11-2-2004)

      NAC 482.511  Duties of Department upon presentation of vehicle to obtain

unique vehicle identification number. (NRS 481.051, 482.160)  At the time the owner of a

vehicle presents his or her vehicle to obtain a unique vehicle identification

number, the Department will:

     1.  Assign as the unique vehicle

identification number:

     (a) The vehicle identification number placed on the

frame of the vehicle by the manufacturer, or previously by the Department, if

the frame of the vehicle is not replaced;

     (b) The public vehicle identification number for

the vehicle if the vehicle has had its frame replaced with a frame that:

          (1) Is manufactured for or by the original

manufacturer of that vehicle;

          (2) Is supplied by the manufacturer; and

          (3) Does not have a vehicle identification

number placed on it by the manufacturer; or

     (c) A new number established by the Department if

the vehicle:

          (1) Is a:

               (I) Reconstructed vehicle; or

               (II) Specially constructed vehicle; or

          (2) Has had its frame replaced with a frame

other than a frame described in paragraph (b).

     2.  Record the unique vehicle identification

number in the records of the Department as set forth in NRS 482.235.

     3.  Permanently stamp or attach the unique

vehicle identification number, or confirm that the unique vehicle

identification number is permanently stamped or attached, to:

     (a) The frame, if applicable, and the pillar post

for the left-hand door hinge or, if such placement is not appropriate, the

left-hand side of the fire wall, under the hood; or

     (b) If the vehicle is a motorcycle, the frame, as

near as possible to the right-side down tube.

     (Added to NAC by Dep’t of Motor Veh. by R038-04, eff.

11-2-2004)

SALE OR LONG-TERM LEASE OF VEHICLE

      NAC 482.560  “Authorized representative” defined. (NRS 482.160,

482.423, 482.4235, 482.424, 482.4245)  As used in NAC 482.565 and 482.570,

“authorized representative” means a person designated by a principal owner or

officer of a business at which the sale or lease of the motor vehicle for which

the documentation and fees required to be submitted pursuant to NRS 482.423, 482.4235, 482.424 or 482.4245 occurs.

     (Added to NAC by Dep’t of Motor Veh. by R144-04, eff.

10-4-2004)

      NAC 482.565  Request for extension of time to submit certain documents and

fees; granting of request. (NRS 482.160, 482.423, 482.4235, 482.424, 482.4245)

     1.  A seller or a long-term lessor who wishes

to obtain an extension of time to submit to the Department the documents and

fees that he or she is required to submit pursuant to NRS 482.423, 482.4235, 482.424 or 482.4245 must submit or have an

authorized representative submit a request for an extension of time to the

Department before the expiration of the period for submitting the required

documents and fees set forth in NRS

482.423, 482.4235, 482.424 or 482.4245, as applicable. The

request must be submitted on a form prescribed by the Department and must

include:

     (a) The name under which the seller or the

long-term lessor does business for the location at which the sale or lease of

the motor vehicle for which the documentation and fees are required occurred;

     (b) The mailing address of that location;

     (c) The number of the license issued by the

Department to the licensee of the business for that location;

     (d) A description of the vehicle that was sold or

leased, including, without limitation, the year, make and vehicle

identification number;

     (e) A copy of the dealer’s report of sale, the

long-term lessor’s report of lease or the dealer’s or rebuilder’s report of

sale, as applicable;

     (f) An explanation of the reason that the extension

is required, including, without limitation, the reason that the seller or the

long-term lessor is unable to obtain the original manufacturer’s certificate of

origin or manufacturer’s statement of origin, or the properly endorsed

certificate of title or certificate of ownership previously issued for the

vehicle; and

     (g) The printed name and signature of the seller,

the long-term lessor or the authorized representative.

     2.  A request for an extension of time may be

submitted in person or by mail to any branch office of the Department that

issues licenses for occupations and businesses regulated by the Department. A

request that is mailed shall be deemed to be submitted on the date of the

postmark that appears on the envelope in which the request was mailed, if

postage is prepaid and the envelope is properly addressed to an office of the

Department.

     3.  A seller, a long-term lessor or an

authorized representative may submit more than one request for an extension of

time to submit the same documents and fees. Except as otherwise provided in

subsection 4, the Department will approve a second or subsequent request for an

extension of time if the Department determines that such a request is

justified.

     4.  If a seller, a long-term lessor or an

authorized representative submits three or more requests for an extension of

time related to the submission of the same documents and fees, the Department

will ensure that the third request, or any request subsequent to the third

request, is forwarded to the Division of Compliance Enforcement of the

Department for review by that Division. The Department will not approve the

third request or any request subsequent to the third request unless the

Division of Compliance Enforcement of the Department first approves the

request.

     5.  If the Department grants a request for an

extension of time pursuant to this section, the seller or the long-term lessor

will have 30 days after the date on which the Department approves the request

to submit the documents and fees he or she is required to submit pursuant to NRS 482.423, 482.4235, 482.424 or 482.4245.

     (Added to NAC by Dep’t of Motor Veh. by R144-04, eff.

10-4-2004)

      NAC 482.570  Denial of request for extension of time to submit certain

documents and fees; resubmission of request; return and resubmission of certain

documents. (NRS 482.160, 482.423, 482.4235, 482.424, 482.4245)

     1.  The Department will deny a request for an

extension of time submitted to the Department pursuant to NAC 482.565 if:

     (a) For an initial request, the seller, the

long-term lessor or the authorized representative submits the request to the

Department after the expiration of the period for submitting the required

documents and fees set forth in NRS

482.423, 482.4235, 482.424 or 482.4245, as applicable, unless

the request is made after the Department has returned a document to the seller

or the long-term lessor pursuant to subsection 3;

     (b) For the second request or any request

subsequent to the second request, the seller, the long-term lessor or the

authorized representative submits the request to the Department after the

expiration of the 30-day period granted by the Department pursuant to a

previously approved extension of time;

     (c) The request is incomplete or contains

inaccurate information; or

     (d) The request is not completed on a form

prescribed by the Department.

     2.  If the Department denies a request for an

extension of time pursuant to paragraph (c) or (d) of subsection 1, the

Department will return the request to the seller, the long-term lessor or the

authorized representative. The seller, the long-term lessor or the authorized

representative may resubmit a request for an extension of time that has been

returned to him or her if he or she resubmits the request before the expiration

of the later of:

     (a) The period for submitting the required

documents and fees set forth in NRS

482.423, 482.4235, 482.424 or 482.4245, as applicable; or

     (b) The 30-day period described in subsection 3 if

the Department has returned a document described in that subsection to the

seller or the long-term lessor.

     3.  The Department will return a dealer’s

report of sale, a long-term lessor’s report of lease or a dealer’s or

rebuilder’s report of sale, or any other document submitted to the Department

pursuant to NRS 482.423, 482.4235, 482.424 or 482.4245, to the seller or the

long-term lessor, as applicable, if the document is incomplete or contains

inaccurate information. The seller or the long-term lessor may resubmit any

such document that has been returned to him or her if he or she resubmits the

document within 30 days after the date on which the Department returned the

document to the seller or long-term lessor. A seller or a long-term lessor who

fails to resubmit a document that has been returned to him or her pursuant to

this subsection within the 30-day period described in this subsection shall be

deemed to be in violation of NRS

482.423, 482.4235, 482.424 or 482.4245, as applicable, unless he

or she requests an extension of time pursuant to NAC

482.565 before the expiration of the 30-day period.

     (Added to NAC by Dep’t of Motor Veh. by R144-04, eff.

10-4-2004)

PROGRAM FOR ELECTRONIC SUBMISSION AND STORAGE OF DOCUMENTS

BY FLEET OWNERS

      NAC 482.640  Definitions. (NRS 482.293)  As used

in NAC 482.640 to 482.660,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 482.642 to 482.648,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

      NAC 482.642  “Document” defined. (NRS 482.293)  “Document”

has the meaning ascribed to it in NRS

482.292.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

      NAC 482.644  “Fleet” defined. (NRS 482.293)  “Fleet”

means 10 or more vehicles registered with the Department to the same person or

business.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

      NAC 482.646  “Fleet owner” defined. (NRS 482.293)  “Fleet

owner” means a person or business that has 10 or more vehicles registered with

the Department in the name of that person or business.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

      NAC 482.648  “Program” defined. (NRS 482.293)  “Program”

means the program for the electronic submission and storage of documents

established by the Department pursuant to NRS 482.293.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

      NAC 482.650  Eligibility to participate. (NRS 482.293)

     1.  To be eligible to apply to participate in

the program, a fleet owner must:

     (a) Have been licensed continuously as a business

for not less than 1 year immediately preceding the date of application.

     (b) Not have knowingly issued a payment to the

Department that was returned for insufficient money or credit within 1 year

immediately preceding the date of application.

     (c) If the fleet owner has a business license

issued by the Department:

          (1) Have been licensed continuously by the

Department for not less than 1 year immediately preceding the date of

application.

          (2) Not have had a license to engage in an

occupation or business that is regulated by the Department revoked.

          (3) Have conducted business satisfactorily in

accordance with chapter 482 of NRS for

not less than 1 year immediately preceding the date of application.

          (4) Not have knowingly issued a payment to the

Department that was returned for insufficient money or credit within 1 year

immediately preceding the date of application.

          (5) Not have committed:

               (I) A violation of any provision of the

Nevada Revised Statutes or Nevada Administrative Code that resulted in the

imposition of an administrative fine by the Department or the suspension of a

license to engage in an occupation or business that is regulated by the

Department within 1 year immediately preceding the submission of the

application; or

               (II) Two or more violations of any

provision of the Nevada Revised Statutes or Nevada Administrative Code that

resulted in the imposition of an additional administrative fine by the

Department or the suspension of such a license by the Department within the 3

years immediately preceding the submission of the application.

     2.  The Department may deny an application of

a fleet owner to participate in the program if the fleet owner is owned in

whole or in part by, or employs any person who has been convicted of or pleaded

nolo contendere to:

     (a) A felony or gross misdemeanor; or

     (b) A misdemeanor in violation of the provisions of

this chapter or chapter 482 of NRS.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

      NAC 482.652  Application to participate. (NRS 482.293)  A fleet

owner who wishes to participate in the program must:

     1.  Submit an application to the Department

on a form prescribed by the Department; and

     2.  Provide any additional information that

the Department may require to evaluate the application.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

      NAC 482.654  Contract with Department. (NRS 482.293)  Before a

fleet owner may participate in the program, the fleet owner must enter into a

contract with the Department. The contract must set forth the procedure for

issuing and renewing a certificate of registration or certificate of title for

a motor vehicle.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

      NAC 482.656  Duties of and restrictions on participants. (NRS 482.293)  During

the period of participation in the program, a fleet owner:

     1.  Shall:

     (a) Maintain the records relating to the program

for a period of 3 years.

     (b) Authorize the Department or any person

designated by the Department to conduct audits of the records of the fleet

owner relating to the program:

          (1) Within 3 months after the fleet owner

begins issuing and renewing certificates of registration or certificates of

title;

          (2) At least once every 12 months after the

completion of the initial audit; and

          (3) At any other time requested by the

Department.

     (c) Deposit any money due to be paid at a field

service office of the Department as designated by the Department:

          (1) Not later than 1 week after the fees are

due; or

          (2) If fees in the amount of $10,000 or more

are due, not later than the end of the next business day after the date the

fees are due.

     (d) Maintain and restrict access to a secure area

on the premises of the fleet owner used for the storage of documents, forms and

other supplies provided by the Department for the program.

     2.  Shall not:

     (a) Issue or renew a certificate of registration

for a motor vehicle:

          (1) For which an exemption from the

governmental services tax set forth in NRS 371.103 or 371.104 is claimed; or

          (2) That includes a change of name.

     (b) Employ a person to issue or renew a certificate

of registration or title for a vehicle who has not completed a course of

training provided by the Department and received a certificate of completion

for the course from the Department.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

      NAC 482.658  Specifications for electronic submission of documents by

participants. (NRS 482.293)  The

Department will maintain specifications for the electronic transmission of a

document by a fleet owner that participates in the program. A copy of the

specifications may be obtained, without charge, from the Department of Motor

Vehicles, Division of Management Services and Programs, Vehicle Programs

Section, 555 Wright Way, Carson City, Nevada 89711.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

      NAC 482.660  Termination of participation: Authority of Department. (NRS 482.293)  The

Department may terminate the participation of a fleet owner in the program. The

grounds of termination include, without limitation:

     1.  The failure of the fleet owner to

maintain a fleet of vehicles;

     2.  The failure of the fleet owner to comply

with the applicable provisions of this chapter; and

     3.  A violation of any provision of the

contract required by NAC 482.654.

     (Added to NAC by Dep’t of Motor Veh. by R087-03, eff. 2-18-2004)

PROGRAM OF ELECTRONIC MONITORING OF EMISSION INFORMATION

      NAC 482.665  Duties of Department upon determination of noncompliance with

program. (NRS 482.160)

     1.  If the Department determines that a

vehicle that is part of a fleet which participates in the voluntary program of

electronic monitoring of emission information established by NAC 445B.602 is

not in compliance with the provisions of NRS 445B.700 to 445B.845, inclusive, for at least

15 consecutive days, the Department will send an electronic notice to the owner

or lessee of the fleet of vehicles which is not in compliance. The notice will

include, without limitation:

     (a) A description of the reason for noncompliance;

     (b) The date by which the vehicle must be brought

into compliance;

     (c) The consequences of failing to:

          (1) Comply with the provisions of NRS 445B.700 to 445B.845, inclusive, as provided

in NRS 445B.835 and 445B.845; and

          (2) Bring the vehicle into compliance within

the time allowed as provided in subsection 3.

     2.  If a vehicle is not in compliance with

the provisions of NRS 445B.700

to 445B.845, inclusive, on or

before the date set forth in the notice sent to the owner or lessee of the

vehicle pursuant to subsection 1, the Department will send an additional notice

to the owner or lessee that the registration of the vehicle will be suspended

if the vehicle is not brought into compliance within 45 days after the electronic

notice was sent pursuant to subsection 1.

     3.  If the vehicle is not in compliance

within the 45 days, the Department will suspend the registration of the vehicle

until the owner or lessee of the vehicle demonstrates that the vehicle is in

compliance with the provisions of NRS

445B.700 to 445B.845,

inclusive.

     4.  Upon request of the owner or lessee of a

vehicle which is not in compliance with the provisions of NRS 445B.700 to 445B.845, inclusive, the

Department may extend the date by which the owner or lessee is required to

bring the vehicle into compliance.

     (Added to NAC by Dep’t of Motor Veh. by R091-12, eff.

10-4-2013)

PROGRAM FOR REGISTRATION OF NEW VEHICLES BY NEW VEHICLE

DEALERS

      NAC 482.670  “New vehicle dealer” defined. (NRS 482.160, 482.216)  As used in NAC 482.670 to 482.686,

inclusive, unless the context otherwise requires, “new vehicle dealer” has the

meaning ascribed to it in NRS

482.078.

     (Added to NAC by Dep’t of Motor Veh. by R011-08, eff. 6-17-2008)

      NAC 482.672  Establishment of program. (NRS 482.160, 482.216)  The Department hereby

establishes a program to carry out the provisions of NRS 482.216, pursuant to which the

Department may, without limitation, authorize a new vehicle dealer to accept

applications for registration and transfer of registration of new motor

vehicles and to issue certificates of registration.

     (Added to NAC by Dep’t of Motor Veh. by R011-08, eff. 6-17-2008)

      NAC 482.674  Eligibility to participate; denial of participation. (NRS 482.160,

482.216)

     1.  To be eligible to participate in the

program, a new vehicle dealer must:

     (a) Have been continuously licensed by the

Department as a new vehicle dealer for not less than 1 year immediately

preceding the date of application;

     (b) Not have had a license to engage in an

occupation or business that is regulated by the Department revoked;

     (c) Have satisfactorily conducted business as a new

vehicle dealer in accordance with the provisions of chapter 482 of NRS for not less than 1

year immediately preceding the date of application;

     (d) Not have knowingly issued a check to the

Department that was returned for insufficient money or credit within 1 year

immediately preceding the date of application; and

     (e) Not have committed:

          (1) A violation of any provision of the Nevada

Revised Statutes or Nevada Administrative Code that resulted in the imposition

of an administrative fine by the Department or the suspension of a license to

engage in an occupation or business that is regulated by the Department within

1 year immediately preceding the submission of the application; or

          (2) Two or more violations of any provision of

the Nevada Revised Statutes or Nevada Administrative Code that resulted in the

imposition of administrative fines by the Department or the suspensions of such

a license by the Department within the 3 years immediately preceding the

submission of the application.

     2.  The Department may deny an application of

a new vehicle dealer to participate in the program if the new vehicle dealer is

owned in whole or in part by, or employs, any person who has been convicted of

or pleaded nolo contendere to:

     (a) A felony or gross misdemeanor; or

     (b) A misdemeanor in violation of the provisions of

this chapter or chapter 482 of NRS,

within the 4 years immediately preceding the date of application.

     3.  For the purposes of this section, the

issuance by the Department of a cease and desist order or an order to cease

from further action to a new vehicle dealer is not a ground to deny the

application of a new vehicle dealer to participate in the program.

     (Added to NAC by Dep’t of Motor Veh. by R011-08, eff. 6-17-2008)

      NAC 482.676  Application to participate. (NRS 482.160, 482.216)  A new vehicle dealer who

wishes to participate in the program must:

     1.  Submit an application to the Department

on a form provided by the Department; and

     2.  Provide any additional information the

Department may require to evaluate the application.

     (Added to NAC by Dep’t of Motor Veh. by R011-08, eff. 6-17-2008)

      NAC 482.678  Bond or deposit: General requirements and conditions. (NRS 482.160,

482.216)

     1.  Except as otherwise provided in

subsection 2, before a new vehicle dealer who has been chosen to participate in

the program may issue a certificate of registration for a motor vehicle, the

new vehicle dealer must obtain and file with the Department a good and

sufficient surety bond in the amount of $10,000. Each surety bond must:

     (a) Have a corporate surety thereon that is

licensed to do business in this State;

     (b) Be approved as to form by the Attorney General;

and

     (c) Be subject to the condition that the new

vehicle dealer conduct business without fraud or fraudulent representation and

without violating any of the provisions of this chapter, chapter 598 of NAC or chapter 482 or 598 of NRS.

     2.  In lieu of filing a surety bond, a new

vehicle dealer may place on deposit with the Department an amount equal to

$10,000 in the form of:

     (a) Cash;

     (b) A bond issued by the United States; or

     (c) A savings certificate.

     3.  A deposit placed with the Department

pursuant to subsection 2 must be:

     (a) Subject to the condition that the new vehicle

dealer conduct business without fraud or fraudulent representation and without

violating any of the provisions of this chapter, chapter

598 of NAC or chapter 482 or 598 of NRS; and

     (b) Available for withdrawal only upon the order of

the Department.

     4.  The undertaking in the surety bond or

deposit must include, without limitation, any fraud or fraudulent act or

representation, or any violation of any provision of this chapter, chapter 598 of NAC or chapter 482 or 598 of NRS, by any owner, principal,

employee or agent of the new vehicle dealer.

     5.  The Department will require an increase

in the amount of the surety bond or deposit if the Department determines that

an increase is necessary and in the public interest. The increase in the amount

of the surety bond or deposit will not exceed twice the amount of the original

surety bond or deposit.

     6.  The surety bond or deposit must provide

that any person, including, without limitation, the Department, injured by an

action of the new vehicle dealer or an employee or agent of the dealer, in

violation of this chapter, chapter 598 of NAC

or chapter 482 or 598 of NRS, may bring an action on the

surety bond.

     7.  Any money received by the Department

pursuant to this section will be deposited with the State Treasurer for credit

to the Motor Vehicle Fund.

     (Added to NAC by Dep’t of Motor Veh. by R011-08, eff. 6-17-2008)

      NAC 482.680  Bond or deposit: Amount of liability; suspension, revocation and

reinstatement of participation. (NRS 482.160, 482.216)

     1.  Liability under a surety bond which is

filed or a deposit which is made with the Department pursuant to NAC 482.678 will be in an amount prescribed by the

Department.

     2.  The Department will suspend or revoke the

authority of a new vehicle dealer to participate in the program if:

     (a) The amount of the surety bond filed or the

deposit made is reduced to an amount that is less than the amount required by

the Department pursuant to NAC 482.678;

     (b) There is an outstanding judgment resulting from

the sale, transfer of interest or registration of a vehicle for which the new

vehicle dealer is liable;

     (c) The new vehicle dealer violates any provision

of NRS 482.352; or

     (d) The Department determines that the suspension

or revocation is in the best interest of the public.

     3.  A new vehicle dealer whose participation

in the program is suspended pursuant to subsection 2 will be reinstated if the

new vehicle dealer:

     (a) Files an additional surety bond pursuant to NAC 482.678;

     (b) Restores the deposit to its original amount;

     (c) Satisfies the outstanding judgment for which he

or she is liable; or

     (d) Takes all other action required by the

Department.

     4.  A new vehicle dealer whose participation

in the program is revoked pursuant to subsection 2 may not be reinstated for 1

year after the date of revocation.

     (Added to NAC by Dep’t of Motor Veh. by R011-08, eff. 6-17-2008)

      NAC 482.682  Bond or deposit: Disbursement; release; refund. (NRS 482.160,

482.216)  A surety

bond which is filed or a deposit which is made with the Department pursuant to NAC 482.678 may be:

     1.  Disbursed by the Director, for good cause

shown and after notice and hearing, in an amount determined by the Director to

compensate a person injured by an action of a new vehicle dealer, or an

employee or agent of the new vehicle dealer.

     2.  Released by the Director upon receipt by

the Department of a statement that:

     (a) Is signed by a person under whose name the

surety bond or deposit is made;

     (b) Is acknowledged before any person authorized to

take acknowledgments in this State;

     (c) Requests the Director to release the surety

bond or deposit, or a specified portion thereof; and

     (d) Sets forth the purpose for which the release of

the surety bond or deposit is requested.

     3.  Refunded by the Director:

     (a) One year after the date on which the

participation of the new vehicle dealer in the program terminates, if the

Director determines that there are no outstanding claims against the surety

bond or deposit; or

     (b) Pursuant to an order of a court of competent

jurisdiction.

     (Added to NAC by Dep’t of Motor Veh. by R011-08, eff. 6-17-2008)

      NAC 482.684  Duties of and restrictions on participants. (NRS 482.160,

482.216)  A new

vehicle dealer who participates in the program:

     1.  Shall:

     (a) Maintain the records relating to the program

for a period of not less than 3 years.

     (b) Authorize the Department or any person

designated by the Department to conduct audits of the records relating to the

program:

          (1) Within 3 months after the new vehicle

dealer begins issuing certificates of registration;

          (2) At least once every 12 months after

completion of the initial audit; and

          (3) At any other time requested by the

Department.

     (c) Establish and maintain a separate account in a financial

institution in this State for depositing the money collected for the issuance

of certificates of registration. The money in the account must not be used to

pay any expenses of the new vehicle dealer participating in the program.

     (d) Pay to the Department, at an office designated

by the Department or in an account designated by the Department, the amount of

money collected for the issuance of certificates of registration:

          (1) Not less than once each week; or

          (2) If $10,000 or more is collected by the new

vehicle dealer during 1 day, not later than the end of the next business day.

     (e) Maintain and restrict access to a secure area

on the premises of the new vehicle dealer for the storage of documents, forms

and other supplies provided by the Department for the program.

     2.  Shall not:

     (a) Issue a certificate of registration for a motor

vehicle:

          (1) For which an exemption from the

governmental services tax set forth in NRS 371.103 or 371.104 is claimed; or

          (2) That includes a change of name.

     (b) Employ a person to issue a certificate of

registration for a motor vehicle who has not completed a course of training provided

by the Department and received a certificate of completion for the course from

the Department.

     (c) Use or authorize an employee to use:

          (1) False, deceptive or misleading advertising

to induce a person to register with the new vehicle dealer a motor vehicle

purchased from the new vehicle dealer; or

          (2) The name of the Department or the State

Seal in any advertisement for the sale or registration of a vehicle, unless

authorized by the Department.

     (Added to NAC by Dep’t of Motor Veh. by R011-08, eff. 6-17-2008)

      NAC 482.686  Termination of participation: Authority of Department. (NRS 482.160,

482.216)  The

Department may terminate the participation of a new vehicle dealer in the

program. The grounds for termination include, without limitation:

     1.  The failure of the new vehicle dealer to

engage in the business of a dealer;

     2.  The failure of the new vehicle dealer to

comply with the applicable provisions of this chapter, chapter 598 of NAC or chapter 482 or 598 of NRS;

     3.  The failure of the new vehicle dealer to

maintain the surety bond or deposit required by NAC

482.678;

     4.  The receipt by the Department of

complaints against the new vehicle dealer; and

     5.  The imposition of any administrative fine

or the taking of any other administrative action against the new vehicle dealer

by the Department for a violation of this chapter, chapter

598 of NAC or chapter 482 or 598 of NRS.

     (Added to NAC by Dep’t of Motor Veh. by R011-08, eff. 6-17-2008)

PROGRAM FOR RENEWAL OF REGISTRATION BY PARTICIPATING

STATIONS

      NAC 482.700  “Program” defined. (NRS 482.281)  As used

in NAC 482.700 to 482.765,

inclusive, unless the context otherwise requires, “program” means the program

established by the Department pursuant to NRS 482.281 under which authorized

inspection stations and authorized stations may renew registrations of motor

vehicles or offer services for the renewal of registrations of motor vehicles.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R003-00, eff. 4-3-2000; A by Dep’t of Motor Veh. by R052-01, 12-17-2001;

R116-09, 6-30-2010; R065-12, 11-1-2012)

      NAC 482.718  Prerequisites for participation. (NRS 482.281)

     1.  Before an authorized inspection station

or authorized station may renew registrations of motor vehicles or offer

services for the renewal of registrations of motor vehicles, the authorized

inspection station or authorized station must:

     (a) Meet the eligibility requirements set forth in NAC 482.720;

     (b) Submit an application pursuant to NAC 482.725;

     (c) Submit the required bond pursuant to NAC 482.745; and

     (d) Receive written approval from the Department to

participate in the program.

     2.  An authorized inspection station or

authorized station that has not received written approval from the Department

to participate in the program shall not renew registrations of motor vehicles

or offer services for the renewal of registrations of motor vehicles.

     (Added to NAC by Dep’t of Motor Veh. by R052-01, eff.

12-17-2001)

      NAC 482.720  Eligibility to participate. (NRS 482.281)  To be

eligible to participate in the program, an authorized inspection station or

authorized station must not:

     1.  Have committed any violation set forth in

NRS 445B.790;

     2.  Be owned, in whole or in part, by any

person who:

     (a) Has ever been convicted of a felony for

committing a crime involving moral turpitude, including, without limitation:

          (1) A deceptive trade practice;

          (2) Embezzlement; or

          (3) Fraud; or

     (b) Has been convicted of any other felony within

the immediately preceding 7 years;

     3.  Have issued a check to the Department in

payment of the fee to obtain forms certifying emission control compliance set

forth in NRS 445B.830 that was

returned for insufficient money or credit to pay the check; or

     4.  Possess a license from the Department to

engage in the activities of:

     (a) A vehicle transporter pursuant to the

provisions of NRS 482.3161;

     (b) A broker of vehicles pursuant to the provisions

of NRS 482.333;

     (c) Dismantling, scrapping, processing or wrecking

a vehicle pursuant to the provisions of NRS 487.050;

     (d) Operating a salvage pool pursuant to the

provisions of NRS 487.410; or

     (e) Operating a body shop pursuant to the

provisions of NRS 487.610.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R003-00, eff. 4-3-2000; A by Dep’t of Motor Veh. by R052-01, 12-17-2001;

R085-03, 10-30-2003; R116-09, 6-30-2010)

      NAC 482.725  Application to participate. (NRS 482.281)  An

authorized inspection station or authorized station that wishes to participate

in the program must:

     1.  Submit an application to the Department

on a form provided by the Department.

     2.  Provide any additional information that

the Department may require to evaluate the application.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R003-00, eff. 4-3-2000; A by Dep’t of Motor Veh. by R052-01, 12-17-2001)

      NAC 482.745  Bond or deposit: General requirements and conditions. (NRS 482.281)

     1.  Except as otherwise provided in

subsection 2, before an authorized inspection station or authorized station

that is selected to participate in the program may renew a certificate of registration

for a motor vehicle, the authorized inspection station or authorized station

must obtain and file with the Department a good and sufficient bond in an

amount of $10,000 subject to the condition that the station conduct its

business as an authorized inspection station or authorized station in the

program without fraud or fraudulent representation and without violating any of

the provisions of chapter 445B, 482, 597

or 598 of NRS or NAC 482.700 to 482.765,

inclusive. Each bond must have a corporate surety thereon that is licensed to

do business within this State and must be approved as to form by the Attorney

General.

     2.  In lieu of filing a bond, an authorized

inspection station or authorized station may place on deposit with the

Department an amount equal to $10,000 in the form of:

     (a) Cash;

     (b) A bond issued by the United States; or

     (c) A savings certificate.

     3.  A deposit placed with the Department

pursuant to subsection 2 must be:

     (a) Subject to the condition that the authorized

inspection station or authorized station conduct its business as an authorized

inspection station or authorized station in the program without fraud or

fraudulent representation and without violating any of the provisions of chapter 445B, 482, 597

or 598 of NRS or NAC 482.700 to 482.765,

inclusive; and

     (b) Available for withdrawal only upon the order of

the Department.

     4.  The Department will require an increase

in the amount of the bond or deposit of an authorized inspection station or

authorized station if the Department deems it to be necessary and in the public

interest.

     5.  The undertaking in the bond or deposit

must include, without limitation, any fraud or fraudulent representation or

violation of any of the provisions of chapter

445B, 482, 597 or 598 of NRS or NAC

482.700 to 482.765, inclusive, by any employee

or agent of the authorized inspection station or authorized station.

     6.  The bond or deposit must provide that any

person injured by an action of the authorized inspection station or authorized

station, or an employee or agent of such a station, in violation of any of the

provisions of chapter 445B, 482, 597

or 598 of NRS or NAC 482.700 to 482.765,

inclusive, may bring an action on the bond.

     7.  Any money received by the Department

pursuant to this section will be deposited with the State Treasurer for credit

to the Motor Vehicle Fund.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R003-00, eff. 4-3-2000; A by Dep’t of Motor Veh. by R052-01, 12-17-2001)

      NAC 482.750  Bond or deposit: Amount of liability; suspension and

reinstatement of participation. (NRS 482.281)

     1.  Liability under a bond which is filed or

a deposit which is made with the Department pursuant to NAC

482.745 will be in an amount prescribed by the Department.

     2.  The Department will suspend the

participation of an authorized inspection station or authorized station in the

program if:

     (a) The amount of the bond filed or the deposit

made is reduced below the amount required by the Department pursuant to NAC 482.745; or

     (b) There is an outstanding judgment for which the

authorized inspection station or authorized station is liable under the bond or

deposit.

     3.  An authorized inspection station or

authorized station whose participation in the program is suspended pursuant to

subsection 2 will be reinstated if the station:

     (a) Files an additional bond pursuant to NAC 482.745;

     (b) Restores the deposit to its original amount; or

     (c) Satisfies the outstanding judgment for which it

is liable.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R003-00, eff. 4-3-2000; A by Dep’t of Motor Veh. by R052-01, 12-17-2001)

      NAC 482.755  Bond or deposit: Disbursement; release; refund. (NRS 482.281)  A bond

which is filed or a deposit which is made with the Department pursuant to NAC 482.745 may be:

     1.  Disbursed by the Director, for good cause

shown and after notice and hearing, in an amount determined by the Director to

compensate a person injured by an action of the authorized inspection station

or authorized station, or an employee or agent of such a station.

     2.  Released by the Director upon the receipt

by the Department of a statement that:

     (a) Is signed by a person under whose name the bond

or deposit is made;

     (b) Is acknowledged before any person authorized to

take acknowledgments in this State;

     (c) Requests the Director to release the bond or

deposit, or a specified portion thereof; and

     (d) Sets forth the purpose for which the release of

the bond or deposit is requested.

     3.  Refunded by the Director:

     (a) One year after the date the participation of an

authorized inspection station or authorized station in the program terminates

if the Director determines that there are no outstanding claims against the

bond or deposit; or

     (b) Pursuant to an order of a court of competent

jurisdiction.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R003-00, eff. 4-3-2000; A by Dep’t of Motor Veh. by R052-01, 12-17-2001)

      NAC 482.757  Authorization of approved inspector to renew certificates of

registration; authorization not to be provided if approved inspector previously

convicted of certain crimes. (NRS 482.281)

     1.  The Department may authorize an approved

inspector to renew certificates of registration for motor vehicles at an

authorized inspection station or an authorized station that participates in the

program if the approved inspector:

     (a) Satisfactorily completes a course of

instruction provided for that purpose by the Department;

     (b) Submits an application to the Department on a

form provided by the Department; and

     (c) Provides any other information that the

Department may require.

     2.  The Department will not authorize an

approved inspector to renew certificates of registration for motor vehicles at

an authorized inspection station or an authorized station that participates in

the program if the approved inspector:

     (a) Has ever been convicted of a felony for committing

a crime involving moral turpitude, including, without limitation:

          (1) A deceptive trade practice;

          (2) Embezzlement; or

          (3) Fraud; or

     (b) Has been convicted of any other felony within

the immediately preceding 7 years.

     (Added to NAC by Dep’t of Motor Veh. by R116-09, eff. 6-30-2010)

      NAC 482.760  Duties of and restrictions on participants; request to be open

for business on different days. (NRS 482.281)

     1.  During the period of its participation in

the program, an authorized inspection station or authorized station:

     (a) Shall:

          (1) Except as otherwise provided in subsection

2, be open to the public for the renewal of certificates of registration for

motor vehicles at least Monday through Friday from 8 a.m. to 5 p.m., except on

the holidays set forth in NRS

236.015;

          (2) Employ at the station at least one

approved inspector whose duties include the renewal of certificates of

registration for motor vehicles and who is authorized by the Department to

renew certificates of registration for motor vehicles pursuant to NAC 482.757;

          (3) Maintain the records relating to the

program where the renewal of certificates of registration for motor vehicles

are issued;

          (4) Authorize the Department or any person

designated by the Department to conduct audits of the station’s records

relating to the program:

               (I) Within 3 months after the authorized

inspection station or authorized station begins issuing the renewal of

certificates of registration for motor vehicles;

               (II) At least once every 12 months after

completion of the initial audit; and

               (III) At any other time requested by the

Department;

          (5) Use software that is issued and installed

in an exhaust gas analyzer by the Department to process the renewal of

certificates of registration for motor vehicles; and

          (6) Deposit the money it has collected from

the renewal of certificates of registration for motor vehicles with the

Department at the location designated by the Department. The deposits must be

made:

               (I) Not less than once each calendar

week;

               (II) If the money accumulated for deposit

is $10,000 or more, not later than the next business day; and

               (III) In the same form as received from

each customer.

     (b) Shall not:

          (1) Allow an employee who is not an approved

inspector authorized by the Department pursuant to NAC

482.757 to renew certificates of registration for motor vehicles pursuant

to NAC 482.757;

          (2) Charge a fee of more than $10 to renew a

certificate of registration for a motor vehicle;

          (3) Use or allow its employees to use:

               (I) False, deceptive or misleading

advertising to induce a person to renew the certificate of registration for his

or her motor vehicle at that authorized inspection station or authorized

station; or

               (II) The State Seal in any advertisement

for the renewal of a certificate of registration for a motor vehicle; or

          (4) Use or allow its employees to use the name

or initials of the Department in any advertisement, unless:

               (I) The Department authorizes such use;

               (II) The Department provides the image,

logo, emblem or other design containing the name or initials of the Department

that is to be used in the advertisement; and

               (III) The authorized inspection station

or authorized station, as applicable, complies with the terms of the

Department’s authorization, including, without limitation, any conditions

imposed by the Department upon the use of its name or initials.

Ê An

advertisement described in this subparagraph must comply with any other

applicable provisions of this chapter and must not state or imply that the

Department endorses the applicable authorized inspection station or authorized

station.

     2.  The holder of a license for an authorized

inspection station or authorized station may submit a request on a form

provided by the Department to be open for business from 8 a.m. to 5 p.m. on

different days. Upon receiving such a request, the Department will grant

approval to the licensee if the authorized inspection station or authorized

station will remain open for business on at least 2 weekdays from 8 a.m. to 5

p.m. except on the holidays set forth in NRS 236.015.

     3.  As used in this section, “exhaust gas analyzer”

means a device for sensing the amount of air contaminants in the exhaust

emissions of a motor vehicle.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R003-00, eff. 4-3-2000; A by Dep’t of Motor Veh. by R052-01, 12-17-2001;

R085-03, 10-30-2003; R008-05, 10-31-2005; R116-09, 6-30-2010; R026-10, 11-1-2012)

      NAC 482.765  Termination of participation: Authority of Department. (NRS 482.281)  The

Department may terminate the participation of an authorized inspection station

or authorized station in the program. The grounds for termination include,

without limitation:

     1.  The failure of the authorized inspection

station or authorized station to engage in business;

     2.  The failure of the authorized inspection

station or authorized station to comply with the applicable provisions of:

     (a) Chapter

445B of NRS;

     (b) Chapter 445B

of NAC;

     (c) Chapter

482 of NRS;

     (d) Chapter 482 of NAC;

     (e) Chapter

597 of NRS;

     (f) Chapter

598 of NRS; or

     (g) Chapter 598

of NAC; or

     3.  The failure of an authorized inspection

station or authorized station to maintain the bond or deposit required by NAC 482.745.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R003-00, eff. 4-3-2000; A by Dep’t of Motor Veh. by R052-01, 12-17-2001)

MISCELLANEOUS PROVISIONS

      NAC 482.900  Application for registration of specially constructed,

reconstructed or foreign vehicle: Interpretation of certain statutory terms. (NRS 482.160,

482.220)  For the

purposes of enforcing the provisions of NRS 482.220:

     1.  “Garage operator” means a person who is engaged

in the business of:

     (a) Keeping a garage or place for the storage,

maintenance, keeping or repair of motor vehicles, motorcycles, motor equipment

or trailers; or

     (b) Operating tow cars to tow or render assistance

to motor vehicles,

Ê and who in connection

with such a business stores, maintains, keeps or repairs a motor vehicle,

motorcycle, trailer, mobile home or motor equipment.

     2.  “Service station operator or attendant”

means a person, or his or her designated employee, who is engaged in the business

of operating a service station and who in connection with such a business:

     (a) Furnishes services, supplies or accessories for

motor vehicles;

     (b) Maintains, repairs or stores motor vehicles,

motorcycles or motor equipment; or

     (c) Operates tow cars to tow or render assistance

to motor vehicles.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-4-96)—(Substituted in revision for NAC 482.610)

      NAC 482.9005  Fee for inspection of specially constructed, reconstructed,

rebuilt or foreign vehicle. (NRS 482.220)  Except

for a peace officer acting in his or her official capacity, the Department or

any of its authorized inspection agents will charge $1 for the inspection of

any vehicle described in subsection 1 of NRS 482.220.

     (Added to NAC by Dep’t of Motor Veh. by R033-11, 12-30-2011,

eff. 1-1-2012)

      NAC 482.901  Interpretation of “boundaries which are clearly marked” for

purposes of established place of business of dealer; when transactions required

to take place at established place of business of dealers, short-term lessors

and brokers; requirements for established place of business. (NRS 481.051,

482.160, 482.323)

     1.  As used in NRS 482.323, the Department will

interpret the term “boundaries which are clearly marked” to mean easily

identifiable physical exterior partitions and physical interior partitions that

separate an established place of business, including, without limitation, the

space designated for the display of vehicles for sale or lease, the area

designated for an office and any area designated for parking for customers and

employees, from any adjacent business.

     2.  An established place of business must be

open to the public Monday through Friday from 9 a.m. to 5 p.m., excluding

recognized state and federal holidays, unless alternate business hours are

posted in a conspicuous place at the established place of business. If

alternate business hours are so posted, the established place of business must

be open to the public during those hours.

     3.  A dealer may conduct wholesale

transactions at a location other than his or her established place of business.

     4.  Except for the display of vehicles for

sale or lease, a dealer may initiate a retail transaction at a location other

than the established place of business of the dealer but must complete all

documents related to the sale or lease and finalize the sale or lease at his or

her established place of business.

     5.  A dealer or broker shall not enter into

any agreement that imposes a restriction upon or grants an additional privilege

relating to the activities conducted by the dealer or broker at his or her

established place of business.

     6.  The local authority must approve the

permanent enclosed building to be used by a dealer or broker at his or her

established place of business before the dealer or broker may conduct any

activities authorized by his or her license at his or her established place of

business.

     7.  If a dealer is required by a local

authority to provide a parking area for customers at his or her established

place of business, the parking area designated for customers must be separate

from the space designated by the dealer for the display of vehicles for sale or

lease.

     8.  Unless otherwise required by a local

authority, a dealer is not required to establish a physical interior partition

in his or her permanent enclosed building between:

     (a) His or her business of selling or leasing

vehicles; and

     (b) A business owned and operated by the dealer

which is:

          (1) A garage registered with the Department

pursuant to the provisions of NRS

487.530 to 487.567,

inclusive;

          (2) A body shop licensed pursuant to NRS 487.630; or

          (3) An authorized inspection station or

authorized station.

     9.  As used in this section:

     (a) “Authorized inspection station” has the meaning

ascribed to it in NRS 445B.710.

     (b) “Authorized station” has the meaning ascribed

to it in NRS 445B.720.

     (c) “Broker” has the meaning ascribed to it in NRS 482.0127.

     (d) “Dealer” has the meaning ascribed to it in NRS 482.020.

     (e) “Established place of business” means the

business that a dealer or broker is required to maintain pursuant to NRS 482.323.

     (f) “Local authority” has the meaning ascribed to

it in NRS 482.0555.

     (g) “Permanent enclosed building” means an enclosed

structure that:

          (1) Is designed to be used with a permanent foundation

or, if designed to be used without a permanent foundation, is capable of being

permanently fixed at a location;

          (2) Has at least 100 square feet of floor

space to accommodate an office and secure storage of the books and other

records of a business; and

          (3) Is easily recognizable as an office which

is separate and distinct from other adjacent businesses where retail customers

may conduct business in an office environment.

     (h) “Physical exterior partition” means a permanent

fence, wall, curb or similar barrier which:

          (1) Extends an established place of business

continuously along the exterior boundaries of any adjacent business, except for

areas designed for ingress and egress to the established place of business.

          (2) For a dealer that is issued a license on

or after February 11, 2009, is not less than 18 inches in height and is

approved by the local authority to separate his or her business from another

business, unless otherwise restricted by the local authority.

     (i) “Physical interior partition” means a wall or

similar barrier that is not less than 7 feet in height and which separates the

area designated by a dealer as an office from the area in the same building

used by another business.

     (Added to NAC by Dep’t of Motor Veh. by R211-07, eff. 2-11-2009)

      NAC 482.903  Federal identification number and electronic mail address

required on applications for certain licenses.

(NRS 482.160)

     1.  In addition to the requirements set forth

in NRS 482.300, 482.3163, 482.325, 482.333 and 482.363, an application for a

license or for the renewal of a license to operate as a short-term lessor,

vehicle transporter, manufacturer, rebuilder, distributor, dealer, broker or

lessor must include the federal identification number and electronic mail

address of the applicant’s business.

     2.  As used in this section, “federal

identification number” means:

     (a) Federal taxpayer identification number;

     (b) Federal employer identification number;

     (c) Social security number; or

     (d) Any other identification number issued by the

Internal Revenue Service.

     (Added to NAC by Dep’t of Motor Veh. by R133-06, eff. 9-18-2006;

A by R008-08, 6-17-2008)

      NAC 482.905  Fee for processing fingerprints of applicant for license as

manufacturer, distributor, dealer or rebuilder. (NRS 482.325)  The

amount of the fee required pursuant to NRS 482.325 for the processing of

an applicant’s fingerprints will equal the sum of the amounts charged by the

Central Repository for Nevada Records of Criminal History and the Federal Bureau

of Investigation for their reports on the applicant’s fingerprints.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-4-96)—(Substituted in revision for NAC 482.620)

      NAC 482.906  Permit to operate certain unregistered vehicles: Required payments;

fee. (NRS

482.160, 482.396)

     1.  An applicant for a permit issued pursuant

to NRS 482.396 must pay all

applicable fees and taxes before the Department will issue the permit.

     2.  The Department will charge $1 for each

permit issued pursuant to NRS

482.396.

     (Added to NAC by Dep’t of Motor Veh. by R033-11, 12-30-2011,

eff. 1-1-2012)

      NAC 482.907  Security interests in vehicles: Fees. (NRS 482.429)  For the

services set forth in NRS 482.429,

the Department will charge and collect the following fees:

     1.  For each

certificate of title issued for a vehicle present or registered in this State..... $20.00

     2.  For each duplicate

certificate of title issued................................................................. 20.00

     3.  For each

certificate of title issued for a vehicle not present in or registered in this

State 35.00

     4.  For the

expedited processing of a certificate of title described in subsection 1, 2 or

3, an additional fee............................................................................................................................................. 20.00

     5.  For the

expedited mailing of a certificate of title described in subsection 1, 2 or 3

that does not include prepaid postage, an additional fee............................................................................... 20.00

     6.  For the

processing of each dealer’s or rebuilder’s report of sale submitted to the

Department   8.25

     7.  For the

processing of each long-term lessor’s report of lease submitted to the

Department 8.25

     8.  For the

processing of each endorsed certificate of title or statement submitted to the

Department upon the sale of a used or rebuilt vehicle in this State by a person

who is not a dealer or rebuilder 8.25

     (Added to NAC by Dep’t of Motor Veh. by R033-11, 12-30-2011,

eff. 1-1-2012; A by R044-13, 10-23-2013)

      NAC 482.908  Electronic notification of transfer of title to or interest of

owner in vehicle. (NRS 482.160, 482.400)

     1.  An electronic notification of the

transfer of the title to or the interest of an owner in a vehicle that is

submitted to the Department pursuant to subsection 2 of NRS 482.400 must include:

     (a) The vehicle identification number;

     (b) The last four digits of the license plate number

of the vehicle;

     (c) The name, driver’s license number and date of

birth of the person transferring the title or interest;

     (d) The name and address of the person to whom the

title or interest is being transferred; and

     (e) The date of the transfer.

     2.  The Department may release the

information contained in an electronic notification received pursuant to

subsection 2 of NRS 482.400 to

any of the following persons upon the written request of the person:

     (a) The owner of the vehicle as listed in the

records of the Department before the transfer of the title or interest in the

vehicle;

     (b) The registered owner of the vehicle as listed

in the records of the Department before the transfer of the title or interest

in the vehicle;

     (c) The lienholder of the vehicle as listed in the

records of the Department;

     (d) The insurer of the vehicle as listed in the

records of the Department;

     (e) The operator of a tow car who has been granted

a certificate of public convenience and necessity from the Nevada

Transportation Authority; or

     (f) A law enforcement officer or agency.

     (Added to NAC by Dep’t of Motor Veh. by R036-11, eff.

12-30-2011)

      NAC 482.910  Suspension of registration for driving under influence of

intoxicating liquor or controlled substance: Duties of Department;

reinstatement of registration; issuance of replacement plates. (NRS 482.160,

482.451)

     1.  Upon receiving a copy of an order issued

by a court pursuant to NRS

484C.520, the Department shall send a written notice of suspension by

certified mail, return receipt requested, to the person whose registration of a

motor vehicle will be suspended at his or her last known address. The notice

must:

     (a) Be provided for each motor vehicle for which a

court has ordered the Department to suspend the registration;

     (b) Set forth the effective date of the suspension;

and

     (c) Include a statement that informs the person to

whom the notice is sent that, pursuant to NRS 482.451, he or she is required

to return to the Department immediately the certificate of registration and the

license plates of the motor vehicle.

     2.  Upon the return of the certificate of

registration and the license plates to the Department, the Department shall:

     (a) Remove the annual renewal sticker from the

license plates and return the license plates to the person whose registration

of a motor vehicle is suspended;

     (b) Indicate on the record of the person that the

certificate of registration and annual renewal sticker have been returned to

the Department; and

     (c) Destroy the certificate of registration and

annual renewal sticker.

     3.  After the period of suspension has

expired, a person whose registration of a motor vehicle was suspended pursuant

to NRS 482.451 and who wishes to

have the Department reinstate the registration must:

     (a) Pay the fee for reinstatement prescribed in

subsection 10 of NRS 482.480;

and

     (b) Present, in person, the license plates of the

motor vehicle to the Department.

     4.  The Department shall, at no charge, issue

a duplicate certificate of registration and annual renewal sticker to a person

who complies with the provisions of subsection 3 unless:

     (a) The registration of the motor vehicle has

expired; or

     (b) The registration of the motor vehicle is

suspended for another reason.

     5.  If the registration of a motor vehicle

that the Department suspended pursuant to NRS 482.451 is not reinstated

within 18 months after the date of expiration of the certificate of

registration, the Department may, pursuant to NRS 482.2715, issue replacement

license plates which bear the same codes as the license plates of the motor

vehicle for which the registration was suspended.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R062-00, eff. 10-1-2000)—(Substituted in revision for NAC 482.630)

      NAC 482.913  Rescission and cancellation of registration of vehicle emitting

excessive fumes or smoke. (NRS 482.160, 482.460)

     1.  Upon the receipt of a citation or notice

of violation issued with respect to a vehicle emitting excessive fumes or smoke

in violation of subsection 2 of NRS

484D.415, the Department will send a notice of violation by certified mail

to the last known address of the registered owner of the vehicle informing him

or her that if, within 30 days after the date of issuance of the citation or

notice, he or she fails to provide to the Department, as specified in

subsection 2, proof of the correction of the condition for which the citation

or notice was issued, the Department will rescind and cancel the registration

of the vehicle in accordance with NRS

482.460.

     2.  Proof of the correction of the condition

for which a citation or notice was issued must consist of:

     (a) A visual inspection of the vehicle performed by

a qualified employee of the Department at a facility operated by the

Department; or

     (b) Written proof of the correction which is set

forth on a form sent to the registered owner by the Department and which is

completed by a peace officer employed by a law enforcement agency in this

State.

     3.  If the registered owner of the vehicle,

within 30 days after the citation or notice was issued, fails to provide to the

Department, as specified in subsection 2, proof of the correction of the

condition for which the citation or notice was issued, the Department will

rescind and cancel the registration of the vehicle in accordance with NRS 482.460.

     (Added to NAC by Dep’t of Motor Veh. by R082-05, eff. 3-23-2007)

      NAC 482.915  Issuance of refund upon cancellation of registration:

Prerequisites. (NRS 482.160, 482.399)

     1.  For the purpose of issuing a pro rata

refund pursuant to NRS 482.399

upon the cancellation of the registration of a vehicle, the term “extenuating

circumstances” as used in subsection 9 of NRS 482.399 includes circumstances

beyond the control of the person to whom the vehicle is registered that prevent

him or her from driving the vehicle and are acceptable to the Department,

including, without limitation, the hospitalization of the person, the serious

illness or death of a member of the immediate family of the person, or the

occurrence of any other catastrophic event.

     2.  A person who requests a refund pursuant

to NRS 482.399 must, in addition

to submitting evidence satisfactory to the Department that reasonably proves

the existence of extenuating circumstances as required by subsection 9 of NRS 482.399, present proof

satisfactory to the Department that the extenuating circumstances prevent the

person to whom the vehicle is registered from driving the vehicle.

     (Added to NAC by Dep’t of Motor Veh. by R239-03, eff. 2-18-2004)

      NAC 482.920  Issuance of refund upon cancellation of registration: When

vehicle is deemed to be inoperable. (NRS 482.160, 482.399)  For the purpose of

paragraph (b) of subsection 9 of NRS

482.399, a vehicle shall be deemed to be inoperable if the vehicle:

     1.  Is of a type that is subject to

registration pursuant to chapter 482

of NRS;

     2.  Has been wrecked, destroyed or otherwise

damaged to the extent that the owner, leasing company, financial institution or

insurance company that insured the vehicle has determined that repairing the

vehicle is uneconomical; and

     3.  Because of the wreckage, destruction or

other damage specified in subsection 2, is not repaired by or for the person

who owned the vehicle at the time the vehicle was wrecked, destroyed or

damaged.

     (Added to NAC by Dep’t of Motor Veh. by R086-03, eff.

12-4-2003)

      NAC 482.925  Waiver of penalty or interest for failure timely to file return

or pay tax, penalty or interest: Prerequisites.

(NRS 482.160, 482.188)

     1.  As used in this section and NRS 482.188, the Department will

interpret the term “circumstances beyond the person’s control” to mean

extenuating circumstances that are acceptable to the Department, including,

without limitation, the hospitalization of the person, the serious illness or

death of a member of the immediate family of the person, or any other

catastrophic event.

     2.  A person requesting relief from the

payment of a penalty or interest pursuant to NRS 482.188 must include with his

or her request proof satisfactory to the Department that circumstances beyond

the person’s control existed which prevented the person from timely filing the

return or paying the tax, penalty or fee as required. The proof presented must

cover the period specified by the Department.

     3.  The Department will not more than once

for any person waive any part of the payment of a penalty or interest that

accrues because:

     (a) The person issued a check or draft to the

Department as payment for a tax, penalty or fee imposed by the Department; and

     (b) The check or draft was returned to the

Department for any reason.

     (Added to NAC by Dep’t of Motor Veh. by R088-03, eff.

12-4-2003)

      NAC 482.930  Administrative fines: Imposition and payment generally; failure

to pay. (NRS 482.160, 482.565)

     1.  Except as otherwise provided in

subsection 2 and NAC 482.042, 482.933 and 482.942, if

the Department imposes administrative fines pursuant to the provisions of NRS 482.565, it will impose such

fines for violations occurring within the 3-year period immediately preceding

the most recent offense according to the following schedule:

     (a) For a first offense, a fine of not less than

$100 nor more than $500.

     (b) For a second offense, a fine of not less than

$500 nor more than $1,000.

     (c) For a third offense, a fine of not less than

$1,000 nor more than $1,500.

     (d) For a fourth or subsequent offense, a fine of

not less than $1,500 nor more than $2,500.

Ê For the

purposes of paragraphs (b), (c) and (d), a cease and desist order issued by the

Department shall be deemed to be a first offense.

     2.  The Department may impose a fine of not

less than $1,500 nor more than $2,500 for any violation of NRS 482.300, 482.3161, 482.322, 482.362 or 482.363.

     3.  Any person who has been fined pursuant to

the provisions of NRS 482.565

shall make payment to the Department not later than the date specified in the

notice of the violation, unless he or she has requested a hearing pursuant to

subsection 1 of that section.

     4.  Upon the failure of a person to pay a

fine imposed pursuant to the provisions of this section when it becomes due,

the Director may suspend, revoke or refuse to issue any license obtained

pursuant to the provisions of this chapter.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 11-23-92; A 4-15-97; A by Dep’t of Motor Veh. by R143-04, 9-10-2004; R002-08,

6-17-2008)

      NAC 482.933  Administrative fines: Violations relating to lapse of

registration of vehicles registered through Motor Carrier Division. (NRS 482.160,

482.565)

     1.  Pursuant to NRS 482.565, the Department will

impose an administrative fine for violations relating to the lapse of the

registration of vehicles registered through the Motor Carrier Division of the

Department and occurring within the 3-year period immediately preceding the

most recent offense according to the following schedule:

     (a) For the first offense, an administrative fine

of not more than $500.

     (b) For the second offense, an administrative fine

of not less than $500 and not more than $1,000.

     (c) For the third offense, an administrative fine

of not less than $1,000 and not more than $1,500.

     (d) For the fourth or subsequent offense, an

administrative fine of not less than $1,500 and not more than $2,500.

     2.  For the purposes of paragraphs (b), (c)

and (d) of subsection 1, a notice of violation and directive to cease from

further violation issued by the Department shall be deemed to be a first

offense.

     (Added to NAC by Dep’t of Motor Veh. by R002-08, eff. 6-17-2008)

      NAC 482.934  Administrative fines: Payment for engaging in deceptive trade

practices; penalty for failure to pay. (NRS 482.160, 482.554)

     1.  Any person who has been fined pursuant to

the provisions of NRS 482.554

shall make payment to the Department not later than the date specified in the

notice of the violation, unless the person has requested a hearing pursuant to

subsection 1 of NRS 482.554.

     2.  Upon the failure of a person to pay a

fine imposed pursuant to the provisions of NRS 482.554 when it becomes due,

the Director may suspend, revoke or refuse to issue any license obtained

pursuant to the provisions of this chapter.

     (Added to NAC by Dep’t of Motor Veh. by R074-08, eff.

12-17-2008)

      NAC 482.935  Disclosure required before entry into new agreement for sale of

vehicle to customer following exercise of valid option to cancel sale of

vehicle to customer. (NRS 482.160, 482.554)  If, in the course of his

or her business or occupation, a seller of a vehicle exercises a valid option

to cancel the sale of a vehicle to a customer, before the seller and customer

may enter into a new agreement for the sale of the same vehicle on different

terms or for the sale of a different vehicle, the seller must provide, and the

customer must sign, the disclosure required by the Department pursuant to

subsection 3 of NRS 482.554. The

disclosure must be on a form provided by the Department.

     (Added to NAC by Dep’t of Motor Veh. by R115-05, eff.

10-31-2005)

      NAC 482.938  Request for adjustment to declared gross vehicle weight upon

renewal of registration. (NRS 482.160, 482.482)

     1.  Except as otherwise provided in

subsection 2, a person who applies to renew the registration of a vehicle that

was reregistered pursuant to subsection 7 of NRS 482.482 may request an

adjustment to the declared gross vehicle weight. To make such a request, the

applicant must provide the Department with:

     (a) An affidavit upon a form provided by the

Department stating that:

          (1) The operations for which the vehicle is

used have changed; and

          (2) The gross vehicle weight has changed.

     (b) Evidence satisfactory to the Department that

the statements made in the affidavit required by paragraph (a) are true. Such

evidence may include, without limitation:

          (1) Proof of changes in business contracts;

          (2) Proof of a change in the combination of

vehicles used by the applicant;

          (3) Proof of business closure or

reorganization; or

          (4) Any other proof deemed acceptable by the

Department.

     2.  The Department may deny a request to make

an adjustment to the gross vehicle weight if:

     (a) The applicant has been convicted of two or more

violations of NRS 484D.630; or

     (b) The Department determines that the applicant

submitted false or fraudulent information on the affidavit pursuant to

subsection 1 or on the application for registration.

     3.  In addition to any administrative fines,

a person who is convicted of a violation of NRS 484D.630 must also pay any

permit fees determined by the Department to be due pursuant to NRS 706.531. The Department will

assess any such permit fees from the date of conviction.

     (Added to NAC by Dep’t of Motor Veh. by R158-09, eff. 4-20-2010)

      NAC 482.940  Registration of fleet of vehicles with declared gross weight in

excess of 26,000 pounds: Installment payments for registration fees and

governmental services tax. (NRS 482.160, 482.482)

     1.  Installment payments for the original or

renewal registration fees for a fleet of vehicles with a declared gross weight

in excess of 26,000 pounds and the governmental services tax imposed by the

provisions of chapter 371 of NRS for

the privilege of operating those vehicles are due to the Department on or

before March 31, June 30, September 30 and December 31 of each year.

     2.  For the purposes of this section, the

Department will suspend for the remainder of the present registration year and

the following registration year the privilege of the owner of the fleet of

vehicles to pay in installments if:

     (a) An installment payment is received from the

owner of the fleet of vehicles after the date due; or

     (b) A check or draft issued by the owner of the

fleet of vehicles to the Department for the installment payment is returned to

the Department for insufficient funds.

     (Added to NAC by Dep’t of Motor Veh. by R002-08, 6-17-2008,

eff. 1-1-2009; A by R159-09, 4-20-2010)

      NAC 482.942  Renewal of registration of fleet of vehicles required to be

registered through Motor Carrier Division: Submission of required

documentation; sanctions for noncompliance. (NRS 482.160, 482.565)

     1.  All required documentation submitted to

the Department for the renewal of the registration of a fleet of vehicles

required to be registered through the Motor Carrier Division of the Department

is due on or before the first day of the month in which the registration

expires. If the required documentation is not submitted timely, the Department,

pursuant to NRS 482.565:

     (a) May, without limitation, suspend the privilege

of the owner of the fleet of vehicles to pay in installments the renewal

registration fees and the governmental services tax imposed by the provisions

of chapter 371 of NRS for the

privilege of operating those vehicles; and

     (b) Will impose an administrative fine on the

renewal of the fleet of vehicles. The amount of the administrative fine will be

determined as follows:

          (1) If the documentation is received by the

Department not more than 7 calendar days after it is due, the Department will

impose an administrative fine of $100.

          (2) If the documentation is received by the

Department more than 7 calendar days but not more than 14 calendar days after

it is due, the Department will impose an administrative fine of $200.

          (3) If the documentation is received by the

Department more than 14 calendar days but not more than 21 calendar days after

it is due, the Department will impose an administrative fine of $300.

          (4) If the documentation is received by the

Department more than 21 calendar days after it is due but on or before the

expiration of the registration, the Department will impose an administrative

fine of $400.

          (5) If the documentation is received by the

Department after the expiration of the registration, the Department will impose

an administrative fine in accordance with the provisions of NAC 482.933.

     2.  For the purposes of this section,

documentation submitted to the Department for the renewal of the registration

of a fleet of vehicles required to be registered through the Motor Carrier

Division of the Department:

     (a) Except as otherwise provided in paragraph (b),

shall be deemed to have been received by the Department:

          (1) If delivered by mail, on the date shown by

the postmark stamped by the United States Postal Service or the postal service

of any other country upon an envelope containing the documentation properly

addressed to the Department. If no postmark is present on the envelope, the

Department will consider the date of delivery as the date received.

          (2) If delivered by a private postal service,

on the business day next preceding the date of actual delivery.

          (3) If delivered via the Internet, on the date

actually received by the Department, regardless of any reason for delay.

     (b) Shall be deemed not to have been received by

the Department unless all required documentation is included.

     (Added to NAC by Dep’t of Motor Veh. by R002-08, eff. 6-17-2008)

      NAC 482.944  Period of registration: Intrastate vehicle registered through

Motor Carrier Division. (NRS 482.160, 482.206)

     1.  An intrastate vehicle must be registered

for a period of 12 consecutive months:

     (a) Beginning January 1 and ending December 31;

     (b) Beginning April 1 and ending March 31; or

     (c) Beginning October 1 and ending September 30.

     2.  As used in this section, unless the

context otherwise requires, “intrastate vehicle” means a vehicle that is

registered through the Motor Carrier Division of the Department solely for

operation within the State of Nevada.

     (Added to NAC by Dep’t of Motor Veh. by R002-08, 6-17-2008,

eff. 1-1-2009)

      NAC 482.946  Period of registration: Interstate motor carrier. (NRS 482.160,

482.206, 706.821)  A motor vehicle that is

registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, must be

registered for a period of 12 consecutive months beginning January 1 and ending

December 31.

     (Added to NAC by Dep’t of Motor Veh. by R002-08, eff. 6-17-2008)
Read Entire Law on www.leg.state.nv.us