Nac: Chapter 482A - Autonomous Vehicles

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

[Rev. 3/27/2014 10:11:26 AM]

[NAC-482A Revised Date: 4-14]

CHAPTER 482A - AUTONOMOUS VEHICLES

GENERAL PROVISIONS

482A.010           “Autonomous vehicle” interpreted.

482A.020           Operators.

482A.030           Certificate of compliance to

operate vehicle in autonomous mode; operation without physical presence of

operator; operator deemed to be driver under certain circumstances.

482A.040           G endorsement on driver’s license

required for operation: Application; fee.

482A.050           Registration: Copy of certificate

of compliance required; insurance requirements; license plates; no additional

fee required.

LICENSE TO TEST AUTONOMOUS TECHNOLOGY

482A.100           “Licensee” defined.

482A.110           License: Application; affirmation;

requirements of applicant; fee; insurance; bond; validity; renewal.

482A.120           Certificate identifying authorized

geographic locations: Issuance; request to add locations; required to be

carried in vehicle at all times and surrendered to peace officer upon demand.

482A.130           Physical presence and duties of

persons in vehicle during testing; testing limited to authorized geographic

locations; report to Department regarding accidents or citations.

482A.140           Temporary license plates:

Application and fee; validity; renewal; exemptions for vehicle registration and

other fees.

482A.150           Grounds for disciplinary action.

482A.160           Hearings to consider appeal of

disciplinary action.

482A.170           Payment of child support: Required

statement; grounds for denial of license; duty of Department. [Effective until

the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state

to establish procedures for withholding, suspending and restricting the

professional, occupational and recreational licenses for child support

arrearages and for noncompliance with certain processes relating to paternity

or child support proceedings.]

482A.180           Suspension of license for failure

to pay child support or comply with certain subpoenas or warrants;

reinstatement of license. [Effective until the date of the repeal of 42 U.S.C.

§ 666, the federal law requiring each state to establish procedures for

withholding, suspending and restricting the professional, occupational and

recreational licenses for child support arrearages and for noncompliance with

certain processes relating to paternity or child support proceedings.]

REQUIREMENTS TO SELL VEHICLE

482A.190           Requirements for issuance of

certificate of compliance; contents.

LICENSE TO OPERATE AN AUTONOMOUS TECHNOLOGY CERTIFICATION

FACILITY

482A.200           “Licensee” defined.

482A.210           Application; fee and bond or

deposit of cash required with application; inspection of facility.

482A.220           Issuance of license; contents;

separate application required for each facility; duties of licensee; licensee

authorized to issue certificates of compliance; validity; renewal.

482A.230           Notice of change of name or

location of facility; principal place of business; maintenance and inspection

of books and records.

482A.240           Financial information: Department

authorized to require disclosure by applicant or licensee; authorized use;

confidentiality.

482A.250           Unfitness of applicant.

482A.260           Grounds for disciplinary action.

482A.270           Hearings to consider appeal of

disciplinary action.

482A.280           Payment of child support: Required

statement; grounds for denial of license; duty of Department. [Effective until

the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state

to establish procedures for withholding, suspending and restricting the

professional, occupational and recreational licenses for child support

arrearages and for noncompliance with certain processes relating to paternity

or child support proceedings.]

482A.290           Suspension of license for failure

to pay child support or comply with certain subpoenas or warrants;

reinstatement of license. [Effective until the date of the repeal of 42 U.S.C.

§ 666, the federal law requiring each state to establish procedures for

withholding, suspending and restricting the professional, occupational and

recreational licenses for child support arrearages and for noncompliance with

certain processes relating to paternity or child support proceedings.]

 

 

 

GENERAL PROVISIONS

      NAC 482A.010  “Autonomous vehicle” interpreted.

(NRS 482A.100, 482A.200)  As used

in NRS 482A.030, the

Department will interpret the term “autonomous vehicle” to exclude a vehicle

enabled with a safety system or driver assistance system, including, without

limitation, a system to provide electronic blind spot assistance, crash

avoidance, emergency braking, parking assistance, adaptive cruise control, lane

keep assistance, lane departure warnings and traffic jam and queuing

assistance, unless the vehicle is also enabled with artificial intelligence and

technology that allows the vehicle to carry out all the mechanical operations

of driving without the active control or continuous monitoring of a natural

person.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.020  Operators. (NRS 482A.100, 482A.200)  For

purposes of this chapter, unless the context otherwise requires, a person shall

be deemed the operator of an autonomous vehicle which is operated in autonomous

mode when the person causes the autonomous vehicle to engage, regardless of

whether the person is physically present in the vehicle while it is engaged.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.030  Certificate of compliance to operate vehicle in autonomous mode;

operation without physical presence of operator; operator deemed to be driver

under certain circumstances. (NRS 482A.100, 482A.200)

     1.  Except as otherwise provided in NAC 482A.110, an autonomous vehicle that has been

registered in this State may be operated in autonomous mode in this State only

if a certificate of compliance has been issued for the autonomous vehicle

pursuant to NAC 482A.190. If the certificate of

compliance certifies that the autonomous vehicle is capable of being operated

in autonomous mode without the physical presence of the operator in the

vehicle, the person may operate the vehicle in this State without being

physically present in the autonomous vehicle.

     2.  For the purpose of enforcing the traffic

laws and other laws applicable to drivers and motor vehicles operated in this

State, the operator of an autonomous vehicle that is operated in autonomous

mode shall be deemed the driver of the autonomous vehicle regardless of whether

the person is physically present in the autonomous vehicle while it is engaged.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.040  G endorsement on driver’s license required for operation:

Application; fee. (NRS 482A.100, 482A.200)

     1.  Except as otherwise provided in NAC 482A.130, a person who holds a driver’s license

in this State and wishes to operate an autonomous vehicle in autonomous mode in

this State must obtain a G endorsement on his or her driver’s license from the

Department pursuant to NAC 483.110

before the person may operate an autonomous vehicle in this State. A person may

apply for such an endorsement by submitting an application on a form provided

by the Department.

     2.  The application for a driver’s license

endorsement to operate an autonomous vehicle in autonomous mode must require

the applicant to acknowledge that the operator is subject at all times to the

traffic laws and other laws applicable to drivers and motor vehicles operated

in this State as provided pursuant to NAC 482A.030.



     3.  The applicant must provide such

additional information as the Department deems necessary to determine the

competency and eligibility of the person to operate an autonomous vehicle in

autonomous mode.

     4.  The application for a driver’s license

endorsement to operate an autonomous vehicle in autonomous mode must be

accompanied by a fee of $5.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.050  Registration: Copy of certificate of compliance required;

insurance requirements; license plates; no additional fee required. (NRS 482A.100)

     1.  Before an autonomous vehicle may be

registered in this State, the owner of the autonomous vehicle must submit to

the Department, in addition to any other requirement set forth in chapter 482 or 482A of NRS for registering a vehicle,

a copy of the certificate of compliance issued by the manufacturer of the

vehicle or by a licensed autonomous technology certification facility pursuant

to NAC 482A.190.

     2.  A person who submits an application to

register an autonomous vehicle in this State must submit proof that the person

has obtained the insurance coverage required pursuant to NRS 485.185, and not an operator’s

policy of liability insurance pursuant to NRS 485.186.

     3.  Upon registering an autonomous vehicle

pursuant to this section, the Department will issue license plates to the owner

of the vehicle indicating that the vehicle is an autonomous vehicle. The

Department will not charge an additional fee to register an autonomous vehicle.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012; A by R027-13, 10-23-2013)

LICENSE TO TEST AUTONOMOUS TECHNOLOGY

      NAC 482A.100  “Licensee” defined. (NRS 482A.100)  As used

in NAC 482A.100 to 482A.180,

inclusive, unless the context otherwise requires, “licensee” means a person who

is licensed to test autonomous vehicles on the highways of this State.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.110  License: Application; affirmation; requirements of applicant;

fee; insurance; bond; validity; renewal. (NRS 482A.100)

     1.  A person may apply for a license to test

the autonomous technology installed on the autonomous vehicles of the person by

submitting an application to the Department on a form provided by the

Department. A license issued pursuant to this section authorizes the testing of

the autonomous technology installed on the autonomous vehicles of the licensee

on the highways of this State even if certificates of compliance have not been

issued for the autonomous vehicles pursuant to NAC

482A.190.

     2.  The form provided by the Department must

require the applicant to affirm that, to the best of the applicant’s knowledge

and belief, each autonomous vehicle to be tested:

     (a) Is safe to operate on the highways of this

State.

     (b) Has a separate mechanism in addition to, and

separate from, any other mechanism required by law, to capture and store the

autonomous technology sensor data for at least 30 seconds before a collision

occurs between the autonomous vehicle and another vehicle, object or natural person

while the vehicle is operating in autonomous mode. The autonomous technology

sensor data must be captured and stored in a read-only format by the mechanism

so that the data is retained until extracted from the mechanism by an external

device capable of downloading and storing the data. Such data must be preserved

for 3 years after the date of the collision. The provisions of this paragraph

do not authorize or require the modification of any other mechanism to record

data that is installed on the autonomous vehicle in compliance with federal

law.

     (c) Has a switch to engage and disengage the

autonomous vehicle that is easily accessible to the operator of the autonomous

vehicle and is not likely to distract the operator from focusing on the road

while engaging or disengaging the autonomous vehicle.

     (d) Has a system to safely alert the operator of

the autonomous vehicle to take control of the autonomous vehicle if a

technology failure is detected.

     (e) Is equipped with autonomous technology which

does not adversely affect any other safety features of the vehicle which are

subject to federal regulation.

     3.  An applicant to operate a business to

test autonomous vehicles pursuant to this section must:

     (a) Submit proof to the Department that each

autonomous vehicle which will be tested in this State is covered by insurance

in an amount that meets or exceeds the minimum requirements for a vehicle

registered in this State as set forth in NRS 485.185, and not an operator’s

policy of liability insurance as described in NRS 485.186. Any change in the

information submitted concerning a policy of insurance pursuant to this section

must be reported to the Department within 10 business days after the effective

date of the change.

     (b) Submit with the application proof satisfactory

to the Department that one or more of the autonomous vehicles of the applicant

has been driven by the applicant for a combined minimum of not less than 10,000

miles in autonomous mode. The applicant must further provide proof that such

autonomous vehicle or vehicles of the applicant have been driven in various

conditions for a number of miles that demonstrates the safety of the vehicle or

vehicles in those conditions. Such conditions include, without limitation,

operating the autonomous vehicle in various weather conditions, on various

types of roads and during various times of the day and night.

     (c) Demonstrate the artificial intelligence and

technology used in its autonomous vehicles to the Department for approval.

     (d) Submit the proposed geographic locations where

the applicant wishes to test the autonomous vehicles. The applicant must

establish to the satisfaction of the Department that the autonomous vehicles of

the applicant are capable of being driven in the conditions of the proposed

geographic locations in compliance with the traffic laws and other laws

applicable to drivers and motor vehicles operated in this State.

     4.  An application to test autonomous

vehicles submitted pursuant to this section must be accompanied by a

nonrefundable fee of $100 and:

     (a) Proof of insurance or self-insurance acceptable

to the Department in the amount prescribed by NRS 482A.060; or

     (b) A surety bond or deposit of cash in lieu of the

bond in the amount prescribed by NRS

482A.060.

     5.  The Department may require such

additional information, documentation and affirmations as the Department deems

necessary or appropriate before approving an application to test autonomous

vehicles that is submitted pursuant to this section.

     6.  A license to test autonomous vehicles

that is issued by the Department pursuant to this section is valid for 1 year

after the date of issuance and may be renewed by submitting an application in

the same manner as for the initial license. To avoid a lapse in the license

issued pursuant to this section, a licensee wishing to renew his or her license

must submit an application for renewal at least 30 days before the date on

which the license is set to expire.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012; A by R027-13, 10-23-2013)

      NAC 482A.120  Certificate identifying authorized geographic locations:

Issuance; request to add locations; required to be carried in vehicle at all

times and surrendered to peace officer upon demand. (NRS 482A.100)

     1.  When the Department issues a license

pursuant to NAC 482A.110, the Department will

issue a certificate to the licensee which identifies the geographic locations

where the Department authorizes the licensee to test autonomous vehicles.

     2.  A licensee may submit a request to the

Department to add one or more geographic locations where the licensee may test

autonomous vehicles after a certificate is issued. To obtain approval for an

additional geographic location, the licensee must establish to the satisfaction

of the Department that the autonomous vehicles of the licensee are capable of

being driven in the conditions of the proposed geographic location in

compliance with the traffic laws and other laws applicable to drivers and motor

vehicles operated in this State.

     3.  If the Department approves an additional

geographic location where a licensee may test autonomous vehicles pursuant to

subsection 2, the Department will issue a new certificate to the licensee

indicating the geographic locations where the licensee is authorized to test

its autonomous vehicles.

     4.  A licensee shall ensure that the

certificate provided by the Department pursuant to this section which

identifies the geographic locations where the licensee may test autonomous

vehicles is carried in the autonomous vehicle at all times that it is being

tested. Upon demand of a peace officer, the operator of an autonomous vehicle

of a licensee that is being tested must surrender the certificate to the

officer.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.130  Physical presence and duties of persons in vehicle during

testing; testing limited to authorized geographic locations; report to

Department regarding accidents or citations. (NRS 482A.100)

     1.  Unless otherwise approved in advance by

the Department, a licensee shall ensure that at least two persons are

physically present in an autonomous vehicle at all times that the autonomous

vehicle is being tested on a highway in this State, one of whom is the operator

and must at all times be seated in a position which allows the person to take

complete control of the vehicle, including, without limitation, control of the

steering, throttle and brakes.

     2.  The two persons who are required to be

physically present in an autonomous vehicle while it is tested on a highway in

this State:

     (a) Must each hold a valid driver’s license that

has been issued in the state in which the person resides, but are not required

to have a driver’s license endorsement to operate the autonomous vehicle as

provided in NAC 482A.040;

     (b) Must be trained in the operation of the

autonomous vehicle and have received instruction concerning the capabilities

and limitations of the autonomous vehicle; and

     (c) Shall each actively monitor for any aberration

in the functioning of the autonomous vehicle while it is engaged.

     3.  An autonomous vehicle may only be tested

on a highway in this State which is located in a geographic location that the

Department has approved for such use for vehicles tested by the licensee and

indicated on the certificate issued to the licensee pursuant to NAC 482A.120.

     4.  A licensee shall submit a report to the

Department within 10 business days after an autonomous vehicle of the licensee

that is tested in this State is involved in an accident during the course of

testing or after an operator of such autonomous vehicle is issued a citation

for any violation of the traffic laws or other laws applicable to drivers and

motor vehicles operated in this State during the course of testing. The report

must include a copy of any accident report prepared regarding an accident and any

citation issued to the operator or licensee and such additional information as

may be required by the Department.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.140  Temporary license plates: Application and fee; validity; renewal;

exemptions for vehicle registration and other fees. (NRS 482A.100)

     1.  A licensee must apply for a set of temporary

license plates for each autonomous vehicle that will be tested in this State

and pay a fee of $12 for each set of license plates issued by the Department.

     2.  A set of temporary license plates issued

pursuant to subsection 1 is valid only until the date of the expiration of the

license of the licensee and may be renewed in the same manner as the initial

application for the temporary license plates.

     3.  A licensee is not required to:

     (a) Register an autonomous vehicle pursuant to chapter 482 of NRS if the vehicle is used

in this State only for testing; or

     (b) Pay any other fees set forth in chapter 482 of NRS, except that the licensee

must pay the fee set forth in NRS

482.268.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.150  Grounds for disciplinary action.

(NRS 482A.100)

     1.  The Department may suspend, revoke or

refuse to renew a license to test autonomous vehicles, or may deny a license to

an applicant therefore, upon any of the following grounds:

     (a) Conviction of the applicant or licensee of a

crime which involves fraud, dishonesty or moral turpitude, or which the

Department determines is related to the license in question.

     (b) Willful failure of the applicant or licensee to

comply with any of the provisions of chapter

482A of NRS, any of the traffic laws of this State and any regulations

adopted pursuant thereto.

     (c) Any material misstatement on the application

for the issuance or renewal of a license.

     (d) Failure or refusal of the applicant or licensee

to pay or otherwise discharge any final judgment against the licensee arising

out of the operation of the business of the licensee.

     (e) If the Department has reasonable cause to

believe that any model of autonomous vehicle or artificial intelligence and

technology used in an autonomous vehicle of the licensee presents an unsafe

condition for operation on the highways of this State.

     2.  The Department may refuse to review a

subsequent application for a license to test autonomous vehicles that is

submitted by a person who has violated any provision of this chapter or chapter 482A of NRS.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.160  Hearings to consider appeal of disciplinary action. (NRS 482A.100)

     1.  An applicant for a license to test

autonomous vehicles or a licensee may, within 30 days after the receipt of the

notice of denial, suspension or revocation of, or refusal to renew, the

license, petition the Director in writing for a hearing which will be conducted

by the Director or an authorized representative thereof.

     2.  Upon filing the petition, a hearing will

be held not later than 90 days after the receipt of the request for hearing.

The applicant or licensee is entitled to be present at the hearing, testify on

his or her own behalf and have such other persons as he or she desires to be

present to testify at the hearing. For good cause shown, and upon agreement of

all parties, the 90-day period provided for in this subsection may be extended.

     3.  Failure of the applicant or licensee to

petition the Director in writing for a hearing within the 30-day period

constitutes an automatic denial of the application or suspension or revocation

of the license.

     4.  Within 30 days after the hearing, the

Director or the authorized representative will make written findings of fact

and conclusions of law and may, without limitation:

     (a) Grant or finally deny the application; or

     (b) Suspend or revoke the license.

     5.  For good cause shown, and upon agreement

of all parties, the 30-day period provided for in subsection 4 may be extended

by the Director or the authorized representative.

     6.  Notwithstanding the provisions of

subsections 1 to 5, inclusive, the Department may, if the Director or

authorized representative finds that the action is necessary and in the public

interest, upon notice to the licensee, temporarily suspend or refuse to renew

the license for a period not to exceed 30 days. For good cause shown, the

Director or the authorized representative may extend the period of suspension

of the license or continue to refuse to renew the license if he or she deems

such action to be necessary and in the public interest. In any such case, a

hearing must be held and a final decision rendered within 30 days after notice

of the temporary suspension.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.170  Payment of child support: Required statement; grounds for denial

of license; duty of Department. [Effective until the date of the repeal of 42

U.S.C. § 666, the federal law requiring each state to establish procedures for

withholding, suspending and restricting the professional, occupational and

recreational licenses for child support arrearages and for noncompliance with

certain processes relating to paternity or child support proceedings.] (NRS 482A.100)

     1.  An applicant for the issuance or renewal

of a license issued pursuant to the provisions of NAC

482A.100 to 482A.180, inclusive, shall submit

to the Department the statement prescribed by the Division of Welfare and

Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be

completed and signed by the applicant.

     2.  The Department will include the statement

required pursuant to subsection 1 in:

     (a) The application or any other forms that must be

submitted for the issuance or renewal of the license; or

     (b) A separate form prescribed by the Department.

     3.  A license may not be issued or renewed by

the Department pursuant to the provisions of NAC

482A.100 to 482A.180, inclusive, if the

applicant:

     (a) Fails to submit the statement required pursuant

to subsection 1; or

     (b) Indicates on the statement submitted pursuant

to subsection 1 that the applicant is subject to a court order for the support

of a child and is not in compliance with the order or a plan approved by the

district attorney or other public agency enforcing the order for the repayment

of the amount owed pursuant to the order.

     4.  If an applicant indicates on the

statement submitted pursuant to subsection 1 that the applicant is subject to a

court order for the support of a child and is not in compliance with the order

or a plan approved by the district attorney or other public agency enforcing

the order for the repayment of the amount owed pursuant to the order, the

Department will advise the applicant to contact the district attorney or other

public agency enforcing the order to determine the actions that the applicant

may take to satisfy the arrearage.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.180  Suspension of license for failure to pay child support or comply

with certain subpoenas or warrants; reinstatement of license. [Effective until

the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state

to establish procedures for withholding, suspending and restricting the

professional, occupational and recreational licenses for child support

arrearages and for noncompliance with certain processes relating to paternity

or child support proceedings.] (NRS 482A.100)

     1.  If the Department receives a copy of a

court order issued pursuant to NRS

425.540 that provides for the suspension of all professional, occupational

and recreational licenses, certificates and permits issued to a person who is

the holder of a license issued pursuant to the provisions of NAC 482A.100 to 482A.180,

inclusive, the Department will deem the license issued to that person to be

suspended at the end of the 30th day after the date on which the court order

was issued unless the Department receives a letter issued to the holder of the

license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder

of the license has complied with the subpoena or warrant or has satisfied the

arrearage pursuant to NRS 425.560.

     2.  The Department will reinstate a license

issued pursuant to the provisions of NAC 482A.100

to 482A.180, inclusive, that has been suspended by

a district court pursuant to NRS

425.540 if the Department receives a letter issued by the district attorney

or other public agency pursuant to NRS

425.550 to the person whose license was suspended stating that the person

whose license was suspended has complied with the subpoena or warrant or has

satisfied the arrearage pursuant to NRS

425.560.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

REQUIREMENTS TO SELL VEHICLE

      NAC 482A.190  Requirements for issuance of certificate of compliance; contents. (NRS 482A.100)

     1.  Before an autonomous vehicle may be

offered for sale by a licensed vehicle dealer in this State, a certificate of

compliance must be issued for the autonomous technology installed on the

autonomous vehicle by:

     (a) The manufacturer of the autonomous vehicle; or

     (b) An autonomous technology certification facility

that is licensed pursuant to NAC 482A.220.

     2.  A certificate of compliance issued

pursuant to subsection 1 must certify that the autonomous technology installed

on the autonomous vehicle:

     (a) Has a separate mechanism in addition to, and

separate from, any other mechanism required by law, to capture and store the

autonomous technology sensor data for at least 30 seconds before a collision

occurs between the autonomous vehicle and another vehicle, object or natural

person while the vehicle is operating in autonomous mode. The autonomous

technology sensor data must be captured and stored in a read-only format by the

mechanism so that the data is retained until extracted from the mechanism by an

external device capable of downloading and storing the data. Such data must be

preserved for 3 years after the date of the collision. The provisions of this

paragraph do not authorize or require the modification of any other mechanism

to record data that is installed on the autonomous vehicle in compliance with

federal law.

     (b) Has a switch to engage and disengage the autonomous

vehicle that is easily accessible to the operator of the autonomous vehicle and

is not likely to distract the operator from focusing on the road while engaging

or disengaging the autonomous vehicle.

     (c) Has a visual indicator inside the autonomous

vehicle which indicates when the autonomous vehicle is engaged in autonomous

mode.

     (d) Has a system to safely alert the operator of

the autonomous vehicle if a technology failure is detected while the autonomous

vehicle is engaged in autonomous mode, and when such an alert is given, either:

          (1) Requires the operator to take control of

the autonomous vehicle; or

          (2) If the operator is unable to take control

of or is not physically present in the autonomous vehicle, is equipped with

technology to cause the autonomous vehicle to safely move out of traffic and

come to a stop. Nothing in this subparagraph shall be construed to authorize or

require the modification of a system installed in compliance with the Federal

Motor Vehicle Safety Standards and Regulations unless the modification can be

performed without adversely affecting the autonomous vehicle’s compliance with

the federal standards and regulations.

     (e) Does not adversely affect any other safety

features of the autonomous vehicle which are subject to federal regulation.

     (f) Is capable of being operated in compliance with

the applicable traffic laws of this State and must indicate whether the

autonomous vehicle may be operated with or without the physical presence of an

operator.

     (g) If it is necessary for the operator of the

autonomous vehicle to be physically present in the autonomous vehicle when it

is engaged, allows the operator to take control of the autonomous vehicle in

multiple manners, including, without limitation, through the use of the brake,

the accelerator pedal and the steering wheel and alerts the operator that the

autonomous mode has been disengaged.

     3.  In addition to the requirements set forth

in subsection 2, the certificate of compliance must certify that an owner’s

manual has been prepared for the autonomous vehicle which describes any

limitations and capabilities of the autonomous vehicle, including, without

limitation, whether the operator of the autonomous vehicle must be physically

present in the autonomous vehicle while the vehicle is engaged in autonomous

mode. A licensed vehicle dealer or a licensed autonomous technology

certification facility shall ensure that a copy of such a manual is provided to

the purchaser of an autonomous vehicle.

     4.  As used in this section, “vehicle dealer”

has the meaning ascribed to it in NRS

482.020.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

LICENSE TO OPERATE AN AUTONOMOUS TECHNOLOGY CERTIFICATION

FACILITY

      NAC 482A.200  “Licensee” defined. (NRS 482A.100)  As used

in NAC 482A.200 to 482A.290,

inclusive, unless the context otherwise requires, “licensee” means an operator

of an autonomous technology certification facility that has been issued a

license pursuant to NAC 482A.220.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.210  Application; fee and bond or deposit of cash required with

application; inspection of facility. (NRS 482A.100)

     1.  A person may apply for a license to

operate an autonomous technology certification facility by submitting an

application to the Department on a form provided by the Department.

     2.  The form provided by the Department must

require the applicant to submit such proof as the Department deems necessary or

appropriate to demonstrate that the applicant possesses the necessary knowledge

and expertise to certify the safety of autonomous vehicles, including, without

limitation, whether the autonomous vehicles meet the requirements for the

issuance of a certificate of compliance set forth in NAC

482A.190.

     3.  An application for a license to operate

an autonomous technology certification facility submitted pursuant to this

section must be accompanied by:

     (a) A nonrefundable fee of $300; and

     (b) A surety bond or deposit of cash in lieu of the

bond in the amount of $500,000.

     4.  The applicant must identify on the

application the location of the facility of the applicant.

     5.  The Department may require the applicant

to allow the Department to inspect the autonomous technology certification

facility before approving a license to operate the facility. During such an

inspection, the Department may require the applicant to demonstrate the manner

in which autonomous vehicles will be certified at the facility.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.220  Issuance of license; contents; separate application required for

each facility; duties of licensee; licensee authorized to issue certificates of

compliance; validity; renewal. (NRS 482A.100)

     1.  Upon approval of an application for the

issuance or renewal of a license to operate an autonomous technology

certification facility, the Department will issue a license to the operator of

the facility.

     2.  A license issued pursuant to this section

must include, without limitation, the name of the person licensed to operate

the autonomous technology certification facility and the name and address of

the facility. A license issued pursuant to this section is valid only as to the

operation of an autonomous technology certification facility identified on the

application, and a separate application must be submitted for each facility to

be operated by the applicant.

     3.  The licensee shall post the license

issued pursuant to this section in a conspicuous location in the facility which

is clearly visible to the general public.

     4.  The licensee shall ensure that each

estimate and invoice issued for services rendered at the facility includes the

number of the license to operate the facility.

     5.  After a license is issued to operate an

autonomous technology certification facility, a certificate of compliance as

described in NAC 482A.190 may be issued at the

facility to a manufacturer of an autonomous vehicle or to any other person who

wishes to obtain such a certificate for a new or used vehicle with autonomous

technology.

     6.  A license to operate an autonomous

technology certification facility that is issued by the Department pursuant to

this section is valid for 1 year after the date of issuance and may be renewed

by submitting an application in the same manner as for the initial license. To

avoid a lapse in the license issued pursuant to this section, a licensee

wishing to renew his or her license must submit an application for renewal at

least 30 days before the date on which the license is set to expire.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.230  Notice of change of name or location of facility; principal place

of business; maintenance and inspection of books and records. (NRS 482A.100)

     1.  If a licensee changes the name or

location of the autonomous technology certification facility identified on the

license, the licensee must notify the Department of the change within 10

business days after the effective date of the change.

     2.  A licensee shall maintain his or her

principal place of business in this State and keep his or her books and records

related to the certification of autonomous vehicles at his or her principal

place of business in this State. A licensee shall allow any authorized agent of

the Director to inspect those books and records during usual business hours.

The books and records must include, without limitation, the year, make, model

and identification number of each autonomous vehicle for which the autonomous

technology certification facility has provided a certificate of compliance.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.240  Financial information: Department authorized to require

disclosure by applicant or licensee; authorized use; confidentiality. (NRS 482A.100)

     1.  The Department may require an applicant

for a license to operate an autonomous technology certification facility or a

licensee to submit to the Department authorization for the disclosure to the

Department of financial information of the applicant or licensee or of the

facility.

     2.  The Department may use any financial

information obtained pursuant to this section only to determine the suitability

of the applicant or licensee to obtain or maintain a license to operate an autonomous

technology certification facility, including, without limitation, whether to

issue or renew a license and whether to impose disciplinary action against a

licensee.

     3.  Any financial information obtained by the

Department pursuant to this section is confidential and may be viewed only by

the Director and any employee of the Department responsible for assisting in

making a determination concerning the suitability of the applicant as described

in subsection 2.

     4.  As used in this section, “financial

information” means:

     (a) Any original or copy of a financial statement

and any record or document held by a financial institution pertaining to a

customer of the financial institution.

     (b) The information contained in such a record or

document.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.250  Unfitness of applicant. (NRS 482A.100)  Evidence

of the unfitness of an applicant to operate an autonomous technology

certification facility or of a licensee includes, without limitation:

     1.  Defrauding or attempting to defraud the

State or a political subdivision of the State of any taxes or fees in

connection with the sale or transfer of a vehicle.

     2.  Forging the signature of the registered

or legal owner of an abandoned vehicle on any document that releases the

interest of the owner in the abandoned vehicle.

     3.  Forging the signature of the registered

or legal owner of a vehicle on a certificate of title or other document to

obtain or transfer ownership in that vehicle.

     4.  Refusing to allow any peace officer or

agent of the Department to inspect, during normal business hours, all books,

records and files of the operator which are maintained in this State.

     5.  Committing any fraud which includes,

without limitation:

     (a) Misrepresenting in any manner, whether

intentional or grossly negligent, a material fact.

     (b) Intentionally failing to disclose a material

fact.

     6.  Willfully failing to comply with any

regulation adopted by the Department.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.260  Grounds for disciplinary action.

(NRS 482A.100)

     1.  The Department may suspend, revoke or

refuse to renew a license to operate an autonomous technology certification

facility, or may deny a license to an applicant therefore, upon any of the

following grounds:

     (a) Failure to maintain his or her principal place of

business in this State as required pursuant to NAC

482A.230.

     (b) Conviction of the applicant or licensee of a

crime which involves fraud, dishonesty or moral turpitude, or which the Department

determines is related to the license in question.

     (c) Any material misstatement on the application

for the issuance or renewal of a license.

     (d) Willful failure of the applicant or licensee to

comply with the provisions of this chapter or chapter 482A of NRS or any of the

traffic laws of this State, and any regulations adopted pursuant thereto.

     (e) Failure or refusal by the licensee to pay or

otherwise discharge any final judgment against the applicant or licensee

arising out of the operation of the autonomous technology certification

facility.

     (f) Failure of the applicant or licensee to provide

the Department with the authorization to obtain financial records pursuant to NAC 482A.240.

     (g) Commission of any of the acts demonstrating

unfitness to operate an autonomous technology certification facility described

in NAC 482A.250.

     2.  The Department may refuse to review a

subsequent application for a license to operate an autonomous technology

certification facility that is submitted by a person who violates any provision

of this chapter or chapter 482A of

NRS.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.270  Hearings to consider appeal of disciplinary action. (NRS 482A.100)

     1.  An applicant for a license to operate an

autonomous technology certification facility or a licensee may, within 30 days

after the receipt of the notice of denial or suspension, revocation, or refusal

to renew the license, petition the Director in writing for a hearing which will

be conducted by the Director or an authorized representative thereof.

     2.  Upon filing the petition, a hearing will

be held not later than 90 days after the receipt of the request for hearing.

The applicant or licensee is entitled to be present at the hearing, testify on

his or her own behalf and have such other persons as he or she desires to be

present to testify at the hearing. For good cause shown, and upon agreement of

all parties, the 90-day period provided for in this subsection may be extended.

     3.  Failure of the applicant or licensee to

petition the Director in writing for a hearing within the 30-day period

constitutes an automatic denial of the application or suspension or revocation

of the license.

     4.  Within 30 days after the hearing, the

Director or the authorized representative will make written findings of fact

and conclusions of law and may, without limitation:

     (a) Grant or finally deny the application; or

     (b) Suspend or revoke the license.

     5.  For good cause shown, and upon agreement

of all parties, the 30-day period provided for in subsection 4 may be extended

by the Director or the authorized representative.

     6.  Notwithstanding the provisions of

subsections 1 to 5, inclusive, the Department may, if the Director or

authorized representative finds that the action is necessary and in the public

interest, upon notice to the licensee, temporarily suspend or refuse to renew

the license for a period not to exceed 30 days. For good cause shown, the

Director or the authorized representative may extend the period of suspension

of the license or continue to refuse to renew the license if he or she deems

such action to be necessary and in the public interest. In any such case, a hearing

must be held and a final decision rendered within 30 days after notice of the

temporary suspension.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.280  Payment of child support: Required statement; grounds for denial

of license; duty of Department. [Effective until the date of the repeal of 42

U.S.C. § 666, the federal law requiring each state to establish procedures for

withholding, suspending and restricting the professional, occupational and

recreational licenses for child support arrearages and for noncompliance with

certain processes relating to paternity or child support proceedings.] (NRS 482A.100)

     1.  An applicant for the issuance or renewal

of a license issued pursuant to the provisions of NAC

482A.200 to 482A.290, inclusive, shall submit

to the Department the statement prescribed by the Division of Welfare and

Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be

completed and signed by the applicant.

     2.  The Department will include the statement

required pursuant to subsection 1 in:

     (a) The application or any other forms that must be

submitted for the issuance or renewal of the license; or

     (b) A separate form prescribed by the Department.

     3.  A license may not be issued or renewed by

the Department pursuant to the provisions of NAC

482A.200 to 482A.290, inclusive, if the

applicant:

     (a) Fails to submit the statement required pursuant

to subsection 1; or

     (b) Indicates on the statement submitted pursuant

to subsection 1 that the applicant is subject to a court order for the support

of a child and is not in compliance with the order or a plan approved by the

district attorney or other public agency enforcing the order for the repayment

of the amount owed pursuant to the order.

     4.  If an applicant indicates on the

statement submitted pursuant to subsection 1 that the applicant is subject to a

court order for the support of a child and is not in compliance with the order

or a plan approved by the district attorney or other public agency enforcing

the order for the repayment of the amount owed pursuant to the order, the

Department will advise the applicant to contact the district attorney or other

public agency enforcing the order to determine the actions that the applicant

may take to satisfy the arrearage.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)

      NAC 482A.290  Suspension of license for failure to pay child support or comply

with certain subpoenas or warrants; reinstatement of license. [Effective until

the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state

to establish procedures for withholding, suspending and restricting the

professional, occupational and recreational licenses for child support

arrearages and for noncompliance with certain processes relating to paternity

or child support proceedings.] (NRS 482A.100)

     1.  If the Department receives a copy of a

court order issued pursuant to NRS

425.540 that provides for the suspension of all professional, occupational

and recreational licenses, certificates and permits issued to a person who is

the holder of a license issued pursuant to the provisions of NAC 482A.200 to 482A.290,

inclusive, the Department will deem the license issued to that person to be

suspended at the end of the 30th day after the date on which the court order was

issued unless the Department receives a letter issued to the holder of the

license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder

of the license has complied with the subpoena or warrant or has satisfied the

arrearage pursuant to NRS 425.560.

     2.  The Department will reinstate a license

issued pursuant to the provisions of NAC 482A.200

to 482A.290, inclusive, that has been suspended by

a district court pursuant to NRS

425.540 if the Department receives a letter issued by the district attorney

or other public agency pursuant to NRS

425.550 to the person whose license was suspended stating that the person

whose license was suspended has complied with the subpoena or warrant or has

satisfied the arrearage pursuant to NRS

425.560.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012,

eff. 3-1-2012)
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