[Rev. 2/11/2015 11:16:54
AM--2014R2]
CHAPTER 482 - MOTOR VEHICLES AND TRAILERS:
LICENSING, REGISTRATION, SALES AND LEASES
GENERAL PROVISIONS
NRS 482.010 Definitions.
NRS 482.0105 “Assembly”
defined.
NRS 482.011 “Based”
defined.
NRS 482.012 “Border
state employee” defined.
NRS 482.0125 “Branch”
defined.
NRS 482.0127 “Broker”
defined.
NRS 482.013 “Bus”
defined.
NRS 482.014 “Calendar
year” defined.
NRS 482.0145 “Charitable
organization” defined.
NRS 482.0151 “Chassis-mount
camper” defined.
NRS 482.0153 “Combined
gross vehicle weight rating” defined.
NRS 482.0154 “Complete
front inner structure for a unibody” defined.
NRS 482.0157 “Conventional
frame” defined.
NRS 482.016 “Converter
dolly” defined.
NRS 482.018 “Cowl
assembly” defined.
NRS 482.020 “Dealer”
and “vehicle dealer” defined.
NRS 482.023 “Declared
gross weight” defined.
NRS 482.028 “Distributor”
defined; exception.
NRS 482.0285 “Duplicate
number plate” defined.
NRS 482.0287 “Electric
bicycle” defined.
NRS 482.029 “Electric
personal assistive mobility device” defined.
NRS 482.030 “Essential
parts” defined.
NRS 482.035 “Farm
tractor” defined.
NRS 482.036 “Farm
vehicle” defined.
NRS 482.037 “Fiscal
year” defined.
NRS 482.0385 “Floor
pan assembly” defined.
NRS 482.040 “Foreign
vehicle” defined.
NRS 482.043 “Franchise”
defined.
NRS 482.0435 “Full
trailer” defined.
NRS 482.044 “Golf
cart” defined.
NRS 482.0445 “Gross
vehicle weight rating” defined.
NRS 482.045 “Highway”
defined.
NRS 482.050 “Identification”
and “permanent identifying” defined.
NRS 482.0515 “Kit
trailer” defined.
NRS 482.053 “Lease,”
“long-term lessee,” “long-term lessor,” “short-term lessee” and “short-term
lessor” defined.
NRS 482.055 “Lienholder”
defined.
NRS 482.0555 “Local
authority” defined.
NRS 482.060 “Manufacturer”
defined.
NRS 482.065 “Metal
tires” defined.
NRS 482.066 “Mini
motor home” defined.
NRS 482.067 “Mobile
home” defined.
NRS 482.069 “Moped”
defined.
NRS 482.070 “Motorcycle”
defined.
NRS 482.071 “Motor
home” defined.
NRS 482.073 “Motortruck”
defined.
NRS 482.075 “Motor
vehicle” defined.
NRS 482.076 “New
vehicle” defined.
NRS 482.078 “New
vehicle dealer” defined.
NRS 482.080 “Nonresident”
defined.
NRS 482.084 “Out-of-state
student” defined.
NRS 482.085 “Owner”
defined.
NRS 482.087 “Passenger
car” defined.
NRS 482.091 “Passenger
compartment” defined.
NRS 482.095 “Pneumatic
tires” defined.
NRS 482.096 “Purchase
price” defined.
NRS 482.0965 “Rear
clip assembly” defined.
NRS 482.097 “Rebuilder”
defined.
NRS 482.098 “Rebuilt
vehicle” defined.
NRS 482.100 “Reconstructed
vehicle” defined.
NRS 482.1005 “Recreational
park trailer” defined.
NRS 482.101 “Recreational
vehicle” defined.
NRS 482.1015 “Registered
dealer” defined.
NRS 482.102 “Registered
owner” defined.
NRS 482.103 “Resident”
defined.
NRS 482.106 “Roof
assembly” defined.
NRS 482.107 “Salesperson”
defined.
NRS 482.109 “Security
interest” defined.
NRS 482.110 “Semitrailer”
defined.
NRS 482.1115 “Service
vehicle” and “work vehicle” defined.
NRS 482.113 “Slide-in
camper” defined.
NRS 482.115 “Solid
rubber tires” defined.
NRS 482.120 “Specially
constructed vehicle” defined.
NRS 482.123 “Special
mobile equipment” defined.
NRS 482.124 “Substitute
number plate” defined.
NRS 482.125 “Trailer”
defined.
NRS 482.127 “Travel
trailer” defined.
NRS 482.129 “Trimobile”
defined.
NRS 482.1295 “Truck
cab assembly” defined.
NRS 482.130 “Truck-tractor”
defined.
NRS 482.132 “Used
vehicle” defined.
NRS 482.133 “Used
vehicle dealer” defined.
NRS 482.134 “Utility
trailer” defined.
NRS 482.1345 “Van
conversion” defined.
NRS 482.135 “Vehicle”
defined.
NRS 482.137 “Vehicle
transporter” defined.
ADMINISTRATION
NRS 482.155 Enforcement
of provisions of chapter by Department, its officers and peace officers.
NRS 482.160 Administrative
regulations; branch offices; appointment of agents and designation of county
assessor as agent; compensation of certain agents.
NRS 482.162 Department
to adopt regulations setting forth criteria for determination of whether person
is farmer or rancher; presentation of evidence to Department.
NRS 482.165 Director
to provide forms.
NRS 482.170 Records
of Department concerning registration and licensing.
NRS 482.171 List
of registered owners to be provided for selection of jury; reimbursement of
Department.
NRS 482.173 Schedule
for retention and disposition of certain records of Department.
NRS 482.175 Validity
of registration: Powers and duties of Department and registered dealers.
NRS 482.180 Motor
Vehicle Fund: Creation; deposits; interest and income; dishonored payments;
distribution of money collected for basic governmental services tax; transfers.
NRS 482.1805 Revolving
Account for Issuance of Special License Plates: Creation; deposit of certain
fees; use of money in Account; transfer of excess balance to State Highway
Fund; exception.
NRS 482.181 Governmental
services taxes: Certification of amount collected each month; distribution.
[Effective through June 30, 2015.]
NRS 482.181 Governmental
services taxes: Certification of amount collected each month; distribution.
[Effective July 1, 2015.]
NRS 482.182 Governmental
services taxes: Transfer of certain amount from proceeds to State General Fund.
[Effective through June 30, 2015.]
NRS 482.182 Governmental
services taxes: Transfer of certain amount from proceeds to State Highway Fund.
[Effective July 1, 2015.]
NRS 482.1825 Contributions
for Complete Streets Program: Distribution; certification of amount collected
each month; deduction and withholding by Department. [Effective on the earlier
of October 1, 2015, or the date on which the Director of the Department of
Motor Vehicles notifies the Governor and the Director of the Legislative
Counsel Bureau that sufficient resources are available to enable the Department
to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.]
NRS 482.183 Motor
Vehicle Revolving Account: Creation; use; deposits.
NRS 482.186 Certain
odometers deemed to register mileage reflected on odometer plus 100,000 miles.
NRS 482.187 Department
authorized to enter into written agreements for periodic payment of delinquent
taxes or fees; regulations.
NRS 482.188 Waiver
of penalty or interest for failure timely to file return or pay tax, penalty or
fee in certain circumstances.
REGISTRATION; TITLING; REGULAR LICENSE PLATES
NRS 482.205 Registration
required for certain vehicles.
NRS 482.206 Periods
of registration for vehicles; exceptions.
NRS 482.2065 Alternate
3-year period of registration for trailers; imposition of governmental services
tax; fees.
NRS 482.208 Registration
of leased vehicles by long-term lessor or long-term lessee.
NRS 482.209 Department
prohibited from charging additional fee for delinquent or late registration of
vehicle owned by deployed member of military; affidavit required.
NRS 482.210 Exemptions
from registration.
NRS 482.215 Application
for registration. [Effective until the earlier of October 1, 2015, or the date
on which the Director of the Department of Motor Vehicles notifies the Governor
and the Director of the Legislative Counsel Bureau that sufficient resources
are available to enable the Department to carry out the provisions of chapter
472, Statutes of Nevada 2013, at page 2812.]
NRS 482.215 Application
for registration. [Effective on the earlier of October 1, 2015, or the date on
which the Director of the Department of Motor Vehicles notifies the Governor
and the Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472,
Statutes of Nevada 2013, at page 2812.]
NRS 482.216 Department
may authorize new vehicle dealer to accept applications for registration and
transfer of registration of new motor vehicles and to issue certificates of
registration; duties of dealer; prohibited acts; regulations.
NRS 482.217 Department
authorized to enter into agreement with certain motor carriers and service
providers to register, transfer or renew registration of vehicles; conditions
of such agreement; regulations.
NRS 482.218 Owners
of certain motortrucks, truck-tractors and buses required to maintain certain
books, papers and records; penalty for failure to comply.
NRS 482.220 Application
for registration of specially constructed, reconstructed, rebuilt or foreign
vehicle; certificate of inspection; charge for inspection.
NRS 482.223 Application
for title for rebuilt, reconstructed or specially constructed vehicle;
inspection; certificate of inspection; affidavit.
NRS 482.224 Replica
vehicles: Limitation on number of vehicles for which Department may issue
certificate of registration; application for registration to state certain
facts.
NRS 482.225 Collection
of sales or use tax upon application for registration of certain vehicles
purchased outside this State; payment of all applicable taxes and fees required
for registration; refund of tax erroneously or illegally collected.
NRS 482.230 Grounds
requiring refusal of registration.
NRS 482.231 Refusal
of registration if local authority has filed notice of nonpayment of certain
fee charged by constable; exceptions.
NRS 482.235 Registration
indexes and records; assignment of registration number by registered dealer.
NRS 482.240 Issuance
of certificates of registration and title by Department or registered dealer;
period of validity of certificate.
NRS 482.245 Contents
of certificates of registration and title.
NRS 482.247 Certificate
of title in beneficiary form: Request; application; fee; restriction upon
issuance; contents; signatures and transactions; interest; duties of
Department.
NRS 482.255 Placement
of certificate of registration; surrender upon demand of certain persons;
limitation on conviction.
NRS 482.260 Duties
of Department and its agents relative to registration of vehicle; issuance of certificate
of title; fees and taxes.
NRS 482.265 License
plates issued upon registration; stickers, tabs or other devices issued upon
renewal of registration; return of plates; fee for and limitations on issuance
of special license plates.
NRS 482.2655 Department
not to issue special license plates for certain older motor vehicles within 90
days after failed emissions test.
NRS 482.266 Manufacture
of license plates substantially similar to license plates issued before January
1, 1982: Written request; fee; delivery; duties of Department; retention of old
plates authorized if requested plates contain same letters and numbers.
NRS 482.267 License
plates: Production at facility of Department of Corrections.
NRS 482.268 License
plates: Additional fee for issuance; creation of License Plate Production
Account; uses; deposit of fee into Account.
NRS 482.270 License
plates: General specifications; redesign; configuration of special license
plates designed, prepared and issued pursuant to process of direct application
and petition.
NRS 482.2703 License
plates: Samples; form; fee; penalty.
NRS 482.2705 License
plates: Passenger cars and trucks; duties of Director.
NRS 482.271 License
plates: Decals; fees.
NRS 482.2715 License
plates: Registrant entitled to maintain code if continuously renewed;
exceptions; issuance of replacement plates with same code after expiration of
registration; fee.
NRS 482.2717 License
plates to be issued to automobile wreckers and operators of salvage pools.
NRS 482.272 License
plates: Motorcycles.
NRS 482.274 License
plates: Trailers; duties of Director.
NRS 482.275 License
plates: Display.
NRS 482.276 License
plate and decal for farm tractor or self-propelled implement of husbandry;
application; fee; renewal.
NRS 482.280 Expiration
and renewal of registration. [Effective until the earlier of October 1, 2015,
or the date on which the Director of the Department of Motor Vehicles notifies
the Governor and the Director of the Legislative Counsel Bureau that sufficient
resources are available to enable the Department to carry out the provisions of
chapter 472, Statutes of Nevada 2013, at page 2812.]
NRS 482.280 Expiration
and renewal of registration. [Effective on the earlier of October 1, 2015, or
the date on which the Director of the Department of Motor Vehicles notifies the
Governor and the Director of the Legislative Counsel Bureau that sufficient
resources are available to enable the Department to carry out the provisions of
chapter 472, Statutes of Nevada 2013, at page 2812.]
NRS 482.2805 Department
not to renew registration if notice of nonpayment has been filed with
Department by certain entities; exceptions; fee for service of certain fees,
penalties, fines or other charges performed by Department.
NRS 482.2807 Requirements
for registration if local government has filed notice of nonpayment pursuant to
NRS 484B.527.
NRS 482.281 Authority
of Department of Motor Vehicles to allow authorized inspection station or
authorized station to renew certificates of registration; adoption of
regulations.
NRS 482.283 Change
of name or place of residence: Notice to Department required; timing and
contents of notice.
NRS 482.285 Certificates,
decals and number plates: Illegibility, loss, mutilation or theft; obtaining of
duplicates or substitutes; fees and taxes.
NRS 482.290 Assignment
and recording of new vehicle identification number if old number has been
falsely attached, removed, defaced, altered or obliterated; authority of
Department; fee; penalty for certain acts committed with intent to defraud.
ELECTRONIC SUBMISSION AND
STORAGE OF DOCUMENTS
NRS 482.292 “Document”
defined.
NRS 482.293 Authority
of Department of Motor Vehicles to establish program; validity of electronic
submission or storage; persons allowed to apply for participation; adoption of
regulations; required content of regulations; acceptance of gifts and grants.
NRS 482.294 Approval
by Department of Motor Vehicles for person to participate in program; waiver of
requirement of signature of natural person; document submitted by electronic
means deemed to be original document.
VEHICLES LEASED FOR SHORT TERM
NRS 482.295 Registration
by short-term lessor: Proof of financial ability to respond to damages.
NRS 482.300 Short-term
lessor must be licensed.
NRS 482.305 Short-term
lessor not providing coverage jointly and severally liable with short-term
lessee for certain damages; notice to lessee of extent of coverage; dismissal
of action against lessor if coverage provided.
NRS 482.307 Short-term
lessor prohibited from offering, arranging for or allowing use of paid driver.
NRS 482.308 Discrimination
by short-term lessor against member of Armed Forces prohibited; penalty.
NRS 482.310 Type
of license plate for leased vehicle.
NRS 482.313 Charging,
collecting, reporting and remitting of certain fees in connection with lease of
passenger car by short-term lessor; deposit of money into State General Fund;
certain amounts excluded from calculation of fees; duties of Executive Director
of Department of Taxation.
NRS 482.315 Records
of short-term lessor: Maintenance; inspection; form; penalty; duties of
Executive Director of Department of Taxation.
NRS 482.3151 Definitions.
NRS 482.31515 “Authorized
driver” defined.
NRS 482.3152 “Estimated
time for repair” defined.
NRS 482.31525 “Estimated
time for replacement” defined.
NRS 482.31527 “Vehicle
licensing costs” defined.
NRS 482.3153 “Waiver
of damages” defined.
NRS 482.31535 Permissible
agreements between lessor and lessee as to responsibility for damage to or loss
of passenger car leased for short term; determination of fair market value.
NRS 482.3154 Limitation
on liability of short-term lessee concerning damage to or loss of leased
passenger car; limitation of short-term lessor’s loss under certain
circumstances; limitation or exclusion of administrative charge.
NRS 482.31545 Liability
of authorized driver for damage occurring during operation of passenger car:
Limitations.
NRS 482.3155 Waiver
of damages: Required provisions; limitation is void; exception.
NRS 482.31555 Short-term
lessor authorized to restrict applicability of waiver of damages under certain
circumstances.
NRS 482.3156 Waiver
of damages: Disclosure of certain information required.
NRS 482.31565 Waiver
of damages and optional insurance: Purchase as condition for lease prohibited;
maximum charge; adjustment to reflect Consumer Price Index; advertisements;
other prohibited practices.
NRS 482.3157 Restrictions
on recovery for damages to leased car by placing block or processing charge on
lessee’s credit card; unfair, deceptive or coercive conduct prohibited.
NRS 482.31575 Advertisement
of lease: Disclosure of certain information required; exception.
NRS 482.3158 Certain
additional charges permissible under certain circumstances; disclosure of
certain additional charges required; certain additional fees prohibited;
further prohibitions.
NRS 482.31583 Conditions
for imposing additional charge; authorized and required actions relating to
recovery of vehicle licensing costs; annual report to Department of Taxation.
NRS 482.31585 Action
for damages and equitable relief; attorney’s fees and costs.
NRS 482.3159 Waiver
of provisions is void.
VEHICLE TRANSPORTERS
NRS 482.316 Legislative
declaration; license issued to vehicle transporter revocable privilege.
NRS 482.3161 Licensing
required; applicability of NRS 482.316 to 482.3175, inclusive.
NRS 482.3163 License:
Application; fees; renewal. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 482.3163 License:
Application; fees; renewal. [Effective on the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 482.31632 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duty of Department. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 482.3165 Fee
for issuance of special license plate.
NRS 482.3167 Bond:
Filing; form; deposit in lieu of bond.
NRS 482.3169 Issuance
of certificates of registration and special license plates to vehicle
transporter.
NRS 482.3171 Movement
of vehicle with special license plate authorized.
NRS 482.3173 Movement
of vehicle without special license plate prohibited; restrictions on use of
plates.
NRS 482.3174 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 482.3175 Grounds
for denial, suspension or revocation of license; hearing.
CONSIGNMENT OF VEHICLES
NRS 482.31771 Definitions.
NRS 482.31772 “Consignee”
defined.
NRS 482.31773 “Consignment”
defined.
NRS 482.31774 “Consignment
contract” defined.
NRS 482.31775 Consignment
contract: Required contents.
NRS 482.31776 Duties
of consignee; trust account; disclosure statement; applicability of section;
operation of vehicle subject to consignment contract; written log; prohibited
acts; penalties.
MANUFACTURERS, REBUILDERS, DISTRIBUTORS, DEALERS, BROKERS,
SALESPERSONS AND LESSORS
Licensing and Regulation
NRS 482.318 Legislative
declaration.
NRS 482.319 Statement
regarding payment of child support by applicant for license; grounds for denial
of license; duty of Department. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 482.3195 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 482.320 Manufacturers,
distributors, dealers and rebuilders: Special plates required for movement of
new and used vehicles; exceptions.
NRS 482.322 Vehicle
dealers, manufacturers, distributors and rebuilders: Licenses required;
additional restriction upon activities of new vehicle dealer; license does not
extend to mobile homes; Department to investigate applicant; penalties for
violations.
NRS 482.3225 Conditions
under which charitable organization not required to obtain certain licensure.
NRS 482.323 Established
place of business required for dealers, short-term lessors and brokers;
notification of Department of branches by short-term lessors.
NRS 482.325 Manufacturers,
distributors, dealers and rebuilders: Application for license; fees; issuance
of certificate; renewal of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 482.325 Manufacturers,
distributors, dealers and rebuilders: Application for license; fees; issuance
of certificate; renewal of license. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 482.3253 Factors
Director must consider before renewing license of manufacturer, distributor,
rebuilder or dealer; authority of Director to require bond.
NRS 482.3255 Denial
or revocation of license: Evidence of unfitness of applicant or licensee.
NRS 482.3256 Licensees
to post licenses in conspicuous place visible to public.
NRS 482.3257 Dealers:
Activities constituting prima facie evidence that person is acting as dealer.
NRS 482.326 Dealers:
Location and name of business; designation of principal place of business and
branches; branches may be operated under authority of license for principal
place of business under certain conditions; change of name or location.
NRS 482.3263 Books
and records of dealers and brokers: Location; inspection and copying;
retention.
NRS 482.327 Dealers:
License for each branch; exception; contents of license; posting of license;
temporary license.
NRS 482.3275 Dealers:
Signatures not required to be acknowledged on documents required to be filed
with Department or other state agencies; exception.
NRS 482.3277 Dealers:
Certain purchasers and prospective purchasers to be allowed to view certain
documents in Spanish language.
NRS 482.328 Vehicle
taken in trade: Satisfaction of outstanding security interest.
NRS 482.330 Manufacturers,
distributors, dealers and rebuilders: Certificates of registration and special
plates for vehicles provided by Department upon licensing; special plates for
loaned vehicles; limitation.
NRS 482.332 Dealers,
manufacturers, lessors, rebuilders and brokers: Duty to affix legible sign
containing name of business; exception.
NRS 482.333 Brokers:
Licensing; fees; disclosure of financial records; penalty. [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 482.333 Brokers:
Licensing; fees; disclosure of financial records; penalty. [Effective on the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 482.3331 Director
to consider certain matters before renewing license of broker; authority of
Director to require bond.
NRS 482.3333 Brokers:
Duty to procure and file bond with Department; amount of bond; use of bond to
cover multiple categories of vehicles; requirements for bond; recourse for
consumers injured by broker or employee.
NRS 482.3335 Brokers:
Prohibition against advertising as vehicle dealer without appropriate license;
prohibition against displaying or advertising vehicle not licensed to sell.
NRS 482.3337 Brokers:
Insured trust account required.
NRS 482.334 Brokers:
Written brokerage agreement with prospective buyer required; form of agreement;
notice to be included within agreement; form and contents of notice; retention
of copies of brokerage agreement.
NRS 482.3345 Dealers:
Prohibited and authorized acts if prospective buyer enters into exclusive
written brokerage agreement with broker.
NRS 482.335 Manufacturers,
distributors, dealers and rebuilders: Display of license plate or plates.
NRS 482.345 Manufacturers,
distributors, dealers and rebuilders: Application; proof of place of business;
bonding requirements; remedies of consumer; judgment; prohibition upon issuance
of license or plate to certain persons not having an established place of
business in State.
NRS 482.346 Deposit
in lieu of bond: Specifications; conditions for release; liability; refund;
deposit in Motor Vehicle Fund.
NRS 482.347 Dealers:
Principal and branch places of business to be covered by vehicle dealer’s bond;
dealer to procure certain other separate bonds.
NRS 482.350 Dealers:
New vehicle dealer’s license not to be issued unless dealer first furnishes to
Department instrument indicating dealer is franchised dealer of manufacturer;
additional functions in which used vehicle dealers may engage.
NRS 482.351 “Bait
and switch,” misleading or inaccurate advertising by dealer or rebuilder
prohibited; regulations.
NRS 482.3515 Vehicle
dealer required to disclose information concerning emission of carbon dioxide
of certain new vehicles; exception.
NRS 482.352 Manufacturers,
distributors, dealers and rebuilders: Grounds for denial, suspension or
revocation of license; disclosure of financial records; regulations.
NRS 482.353 Ability
of applicant or licensee to petition for hearing after notice of denial,
suspension or revocation; duties and powers of Director; exception from
applicability of section.
NRS 482.354 Trial
de novo.
NRS 482.362 Salespersons:
Licensing; fees; grounds for denial, suspension or revocation of license;
reemployment; notice of change of address or termination; penalty. [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 482.362 Salespersons:
Licensing; fees; grounds for denial, suspension or revocation of license;
reemployment; notice of change of address or termination; penalty. [Effective
on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 482.363 Lessors
and certain employees: Licensing; renewal; fees; denial, suspension, revocation
or transfer of license; applicability of provisions. [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 482.363 Lessors
and certain employees: Licensing; renewal; fees; denial, suspension, revocation
or transfer of license; applicability of provisions. [Effective on the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 482.363105 Long-term
lessors also holding licenses as vehicle dealers: Authorized acts.
Franchises for Sales of Motor Vehicles
NRS 482.36311 Definitions.
NRS 482.36318 “Distributor”
defined.
NRS 482.36319 “Distributor
branch” defined.
NRS 482.3632 “Factory
branch” defined.
NRS 482.3634 “Relevant
market area” defined.
NRS 482.36345 “Representative”
defined.
NRS 482.36348 “Vehicle”
defined.
NRS 482.36349 Certain
manufacturers not subject to provisions governing franchises for sales of motor
vehicles.
NRS 482.36352 Termination
or discontinuation of franchise: Notice; grounds; protest by dealer; hearing.
NRS 482.363521 Termination
or discontinuation of franchise: Compensation of dealer.
NRS 482.363523 Termination
or discontinuation of franchise: Duties of dealer.
NRS 482.36354 Modification
or replacement of franchise: Notice; protest by dealer; hearing; change of area
of primary responsibility of dealer; requirement for franchise agreement to be
offered if manufacturer is purchased by another manufacturer or entity.
NRS 482.36355 Considerations
for determining good cause for termination, discontinuation, modification or
replacement of franchise.
NRS 482.36356 Additional
criteria for determining existence of good cause for termination,
discontinuation, modification or replacement of franchise or for establishing
additional dealership or relocating existing dealership.
NRS 482.36357 Establishment
or relocation of dealership in marketing area of dealer in same line and make
of vehicles: Notice; protest of dealer; hearing; exemptions.
NRS 482.363571 Manufacturer
prohibited from modifying franchise of or taking adverse action against dealer
for selling vehicle which is later exported outside of United States;
exception.
NRS 482.363573 Substantial
alteration of existing facility of dealer: Restrictions on manufacturer;
criteria that constitute modification of franchise agreement.
NRS 482.363575 Director
to adopt regulations for conduct of discovery preliminary to hearings required
for termination, discontinuation, modification or replacement of franchises or
for establishment or relocation of dealership in marketing area of another
dealer in same line and make of vehicles.
NRS 482.36358 Considerations
for determining good cause for establishing or relocating dealership in
marketing area of dealer in same line and make of vehicles.
NRS 482.36361 Written
protests: Notice; manufacturer or distributor not to take further action
pending determination; hearing; consolidation of hearings.
NRS 482.36363 Hearings:
Burden of proof; consideration of economic effect.
NRS 482.36366 Hearings:
Fees for witness; assessment of costs; attorney’s fees.
NRS 482.36368 Decision
of Director: Judicial review; notice.
NRS 482.36371 Unfair
practices: Change in capital structure, executive management, ownership or
control; compensation for value of dealership; consent not to be unreasonably
withheld; time period for complying with request for consent; effect of failure
to grant or deny request.
NRS 482.3638 Unfair
practices: Release from liability; limitations on settlement of controversies;
unlawful terms or conditions of franchise agreements; price increases;
participation in ownership; unlawful acts against franchise; preventing dealer
from selling or servicing another line or make of new vehicles.
NRS 482.36385 Unfair
practices: Competition by manufacturer, distributor or branch of factory;
discrimination; compensation of dealer; failure to pay, approve or disapprove
claim or accept amended claim; sale to unlicensed person; deceptive advertising
or acts; audits performed more than 9 months after date of claim; acts relating
to appeals of results of audits.
NRS 482.36386 Unfair
practices: Selling or offering to sell new vehicle, parts or accessories at
lower actual price than offered or charged another dealer; exceptions.
NRS 482.36387 Unfair
practices: Ownership or operation of facility for repair or maintenance of
vehicles by manufacturer or distributor or certain persons or entities under
common control therewith; exception.
NRS 482.36388 Unfair
practices: Putting into effect unfair, unreasonable or inequitable method for
allocation, scheduling or delivery of new vehicles, parts or accessories;
refusal or failure to deliver new vehicles, parts or accessories; exception.
NRS 482.36389 Unfair
practices: Requiring dealer to disclose information concerning customer to
manufacturer or third party; prohibiting or preventing dealer from disclosing
information concerning service, repair or recall notice, or notifying customer
of warranty information.
NRS 482.36391 Unfair
practices: Inducing dealer by coercion to order or accept vehicle, parts,
accessories or other commodities.
NRS 482.36395 Unfair
practices: Encouraging dealer to sell or lease vehicles through deceptive
practices; refusal to deliver order; requiring payment of costs for promotion
or advertising; requiring compliance with standards exceeding commonly accepted
business practices; taking certain actions against dealer based solely on
survey of dealer’s customers.
NRS 482.36396 Death
of dealer: Termination of franchise prohibited if dealer designates successor
in interest; primary and alternate successors in interest.
NRS 482.36397 Death
of dealer: Notice of assumption and commencement of operation of franchise by
designated successor; deposit by dealer; arrangements for discharge of terms of
franchise agreement for period after death.
NRS 482.36398 Death
of dealer: Operation of business and accounting to heirs or estate by
manufacturer or distributor pending assumption by designated successor;
accounting to heirs or estate by successor.
NRS 482.36399 Assumption
of provisions of franchise agreement by successor required.
NRS 482.36412 Franchise
assumable by successor same as existed at death of dealer.
NRS 482.36413 Termination
of franchise upon divorce prohibited; award of franchise to either party in
divorce action.
NRS 482.36414 License
as dealer required for assumption of operation of franchise.
NRS 482.36419 Exercise
of right of first refusal by manufacturer or distributor if transfer of all or
substantially all assets of dealership is proposed: Requirements; prohibited
acts.
NRS 482.36423 Action
for injunctive relief or civil damages; service of process; time to answer or
plead.
NRS 482.36425 Civil
penalty; civil suit by Attorney General.
Restrictions on Monopolistic Financing
NRS 482.3643 “Sell,”
“sold,” “buy” and “purchase” defined.
NRS 482.3645 Agreement
to finance through designated source which lessens competition or creates
monopoly unlawful; agreement declared void.
NRS 482.3647 Threat
by manufacturer or distributor to discontinue sales to retail seller prima
facie evidence of violation.
NRS 482.3649 Threat
by person engaged in business of financing who is affiliated with manufacturer
or distributor to discontinue sales prima facie evidence of violation.
NRS 482.3651 Giving
of gratuity by manufacturer or wholesaler to person financing sales which
lessens competition or creates monopoly unlawful.
NRS 482.3653 Acceptance
of gratuity by person financing sales unlawful.
NRS 482.3655 Acceptance
of gratuity: Unlawful financing of sales thereafter.
NRS 482.3657 Violation
by corporation; penalty.
NRS 482.3659 Violation
by foreign corporation; penalty.
NRS 482.366 Agreements
in violation of law void.
NRS 482.3661 Provisions
cumulative.
NRS 482.3663 Action
for damages; additional parties defendant.
NRS 482.3665 Penalty.
Sale of Certain Used Vehicles
NRS 482.36655 Definitions.
NRS 482.3666 “Drivetrain”
defined.
NRS 482.366605 “Used
vehicle” defined.
NRS 482.36661 Inspection
of engine and drivetrain of vehicle; written disclosure of defects.
NRS 482.36662 Written
warranty required under certain circumstances; contents of warranty.
NRS 482.36663 Duration
of warranty.
NRS 482.36664 Complaint
regarding dealer: Submission; contents; investigation; resolution; appeal.
NRS 482.36665 Record
of complaints: Maintenance; contents.
NRS 482.36666 Administrative
fines; opportunity for hearing; deposit of fines; injunctions and other
remedies.
NRS 482.36667 Regulations.
SPECIAL LICENSE PLATES
Personalized Prestige License Plates
NRS 482.3667 Preparation
for issuance; procedures for application and issuance; persons qualified for
issuance; period of validity; renewal; priority; powers and duties of
Department.
NRS 482.3669 Regulations.
NRS 482.367 Fees;
deposit of fees to credit of Motor Vehicle Fund.
Special License Plates Issued to Certain Nonprofit
Organizations That Operate a Museum for Motor Vehicles
NRS 482.367001 Application;
limitation on number of sets; interchangeable use; identification number; fee;
expiration; renewal.
Applications for Design, Preparation and Issuance: Commission
on Special License Plates; Department of Motor Vehicles
NRS 482.367002 Submission
of application; qualifications of certain organizations that will receive
financial support by way of special license plate; contents of application;
authority of Department; surety bonds and release thereof; retention or return
of plates upon disposal of vehicle.
NRS 482.367004 Commission
on Special License Plates: Creation; membership; term; service without salary
or compensation; administrative support; duties.
NRS 482.367006 Fees.
NRS 482.367008 Limitation
on number of separate designs of special license plates that may be in issuance
at any one time; issuance of additional designs of special license plates;
annual assessment of viability of current designs; notice of declining circulation;
cessation of issuance of plates whose circulation falls below certain levels.
Pledge of Legislature
NRS 482.36705 Special
license plates authorized by act of Legislature: Minimum number of
applications; compliance with limitation on issuance of more than certain
number of separate designs of special license plates; recommendation by
Commission on Special License Plates.
Special License Plates Associated With Military or Public Service,
or Membership in or Affiliation With Certain Groups
NRS 482.3672 Member
of the press.
NRS 482.3675 Honorary
consul of foreign country.
NRS 482.368 Distinguishing
plates for exempt vehicles: Issuance; fees; interstate agreements; application;
regulations.
NRS 482.369 Distinguishing
plates for exempt vehicles: Specifications.
NRS 482.370 United
States Senators and Representatives.
NRS 482.372 Secretary
of State, State Treasurer, State Controller and Attorney General.
NRS 482.373 Governor
and Lieutenant Governor.
NRS 482.374 Legislators,
Supreme Court justices and Court of Appeals judges.
NRS 482.3745 Fees
for license plates for congressional delegates and public officers.
NRS 482.3747 Collegiate
license plates.
NRS 482.3748 Grand
Lodge of Free and Accepted Masons.
NRS 482.3749 Hall
of fame athletes.
NRS 482.375 Holder
of license for amateur radio station.
NRS 482.3753 Professional
full-time salaried firefighters.
NRS 482.3754 Volunteer
firefighters.
NRS 482.3755 Member
of Nevada Wing of Civil Air Patrol.
NRS 482.3757 Peace
officer who is recipient of medal.
NRS 482.376 Member
of Nevada National Guard.
NRS 482.3763 Support
of outreach programs and services for veterans and their families: Preparation;
issuance; required inscriptions; retention or return of plates upon disposal of
vehicle; fees; replacement plates.
NRS 482.37635 Support
of veterans’ homes: Decals indicating service in specific military unit;
design; application; compliance with federal law; regulations.
NRS 482.3764 Support
of outreach programs and services for veterans and their families: Collection
of special fee for such support; affixment of certain decals upon request of
eligible applicant; disposition of money collected.
NRS 482.3765 Veteran
of Armed Forces of United States who survived attack on Pearl Harbor: Choice of
inscription; eligibility for not more than two sets of plates; application;
evidence of status; retention or return of plates upon disposal of vehicle;
fees.
NRS 482.377 “Disabled
Veteran,” “Disabled Female Veteran” or “Veteran Who Is Disabled” and
“Ex-Prisoner of War”: Choice of inscription as to disability; eligibility for
not more than two sets of plates; application; evidence of status; retention or
return of plates upon disposal of vehicle.
NRS 482.3775 Veteran
of Armed Forces of United States awarded Purple Heart: Eligibility for not more
than two sets of plates; application; evidence of status; retention or return
of plates upon disposal of vehicle; replacement plates.
NRS 482.378 Recipient
of Congressional Medal of Honor.
NRS 482.3785 Family
member of person killed in line of duty while on active duty in Armed Forces of
United States.
NRS 482.3787 Family
member of person who died as result of injuries sustained while on active duty
in Armed Forces of United States.
Special License Plates
Associated With Recognition of or Support for Certain Charitable Causes
NRS 482.379 Commemorating
125th anniversary of Nevada’s admission into Union.
NRS 482.37901 Commemorating
150th anniversary of Nevada’s admission into Union.
NRS 482.37903 Commemorating
100th anniversary of founding of City of Las Vegas.
NRS 482.37905 Encouraging
donation of human organs.
NRS 482.37917 Support
of agriculture.
NRS 482.379175 Appreciation
of animals.
NRS 482.37918 Support
of preservation of history of atomic testing in Nevada.
NRS 482.379185 Support
of conservation of wetlands.
NRS 482.37919 Support
of desert preserve established by Las Vegas Valley Water District.
NRS 482.3792 Support
of education of children in arts.
NRS 482.3793 Support
of missing or exploited children.
NRS 482.37933 Support
of preservation and restoration of Lake Tahoe Basin.
NRS 482.37934 Support
of preservation of federal lands surrounding Las Vegas.
NRS 482.37935 Support
of natural environment of Mount Charleston area.
NRS 482.379355 Support
of naturalized citizenship.
NRS 482.379365 Reflect
public solidarity after acts of terrorism committed on September 11, 2001.
NRS 482.37937 Support
of preservation and restoration of natural environment of Lower Truckee River
and Pyramid Lake.
NRS 482.379375 Support
and enhancement of parks, recreation facilities and programs in City of Reno.
NRS 482.37938 Support
of rodeos.
NRS 482.37945 Support
of reconstruction, maintenance, improvement and promotion of Virginia &
Truckee Railroad.
Special License Plates Associated With Certain Classes and
Types of Vehicles
NRS 482.3795 Fire
trucks.
NRS 482.380 Antique
vehicle: “Horseless Carriage.”
NRS 482.381 Antique
vehicle: “Old Timer.”
NRS 482.3811 Antique
vehicle: Trucks and truck-tractors.
NRS 482.3812 Street
Rods.
NRS 482.3814 Classic
Rods.
NRS 482.3816 Classic
Vehicles.
NRS 482.3818 Vintage
license plates: Production; issuance; fee; retention or return upon disposal of
vehicle.
NRS 482.3823 Vehicle
used for course of instruction in automobile repair.
Souvenir and Other Smaller
License Plates
NRS 482.3824 Special
license plates to generate financial support for charitable organization:
Director required to issue souvenir license plate at request of charitable
organization; resale by charitable organization; issuance of special license
plate for trailers, motorcycles and certain other vehicles.
NRS 482.3825 Director
authorized to issue souvenir license plates; “issuance” does not include resale
of plates by charitable organization.
Investigations Relating to Finances of Charitable
Organizations that Receive Additional Fees From Special License Plates
NRS 482.38272 Definitions.
NRS 482.38273 “Additional
fees” defined.
NRS 482.38274 “Charitable
organization” defined.
NRS 482.38275 “Intended
recipient” defined.
NRS 482.38276 “Special
license plate” defined.
NRS 482.38277 Certain
charitable organizations to prepare and file balance sheet and bank statement
with Commission on Special License Plates; certain information concerning
persons responsible for such organizations to be provided to Commission and
Department; duties of Legislative Auditor with respect to forms and
information.
NRS 482.38278 Legislative
Auditor to present final written report to Commission on Special License
Plates; distribution of report; contents of report.
NRS 482.38279 Determination
that charitable organization failed to comply with certain provisions or
standards; organization may request hearing; Commission on Special License
Plates to issue decision; authority of Commission to recommend that Department
suspend collection of additional fees or production of design of special
license plate.
SPECIAL USE PERMITS FOR SPECIAL EVENTS
NRS 482.383 Conditions
for issuance; fee.
SPECIAL LICENSE PLATES AND PARKING PLACARDS FOR PERSONS WITH
DISABILITIES
NRS 482.3831 Definitions.
NRS 482.3833 “Person
with a disability of moderate duration” defined.
NRS 482.3835 “Person
with a disability which limits or impairs the ability to walk” defined.
NRS 482.3837 “Person
with a permanent disability” defined.
NRS 482.3839 “Person
with a temporary disability” defined.
NRS 482.384 Special
license plates and special and temporary parking placards and stickers:
Application; issuance; renewal; fees; design; display; letter of verification;
prohibited acts; regulations.
PLACARDS FOR VOLUNTEER
FIREFIGHTERS AND ASSOCIATED EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS
NRS 482.3843 Application;
issuance; use; surrender; no fee to be charged by Department.
PERMITS FOR UNREGISTERED MOTOR VEHICLES
NRS 482.385 Registration
of vehicle of nonresident owner not required; exceptions; registration of
vehicle by person upon becoming resident of this State or accepting gainful
employment or enrolling child in public school in this State; penalty; taxes
and fees; surrender of nonresident license plates and registration certificate;
citation for violation.
NRS 482.390 Commercial
vehicle of nonresident owner: Applicability of provisions; conditions for
exemption from registration.
NRS 482.395 Reciprocal
agreements and arrangements.
NRS 482.3955 Special
permits for movement of vehicles by dealers, distributors, rebuilders or other
persons; permits for operation of vehicle by charitable organizations.
NRS 482.396 Permit
to operate certain unregistered vehicles.
NRS 482.3961 Nonresident
business permit required for vehicle owned by nonresident who allows vehicle to
be operated in this State for business purpose; conditions; application; fees;
penalties; regulations.
NRS 482.3963 Temporary
permit for owner-lessor to operate certain unregistered vehicles.
NRS 482.3965 Temporary
permit for short-term lessor to operate certain unregistered vehicles.
PERMITS FOR GOLF CARTS
NRS 482.398 Issuance
in county whose population is 700,000 or more; conditions under which permit
not necessary.
TRANSFER OF TITLE OR INTEREST
NRS 482.399 Expiration
of registration on transfer of ownership or destruction of vehicle; transfer of
registration to another vehicle; reuse of license plates; refund.
NRS 482.400 Endorsement
of certificate of title upon transfer; electronic submission of notice of
transfer; form for transfer of ownership for use by dealer; registration by
transferee; exceptions.
NRS 482.410 Transferee
to apply for certificate of registration and pay governmental services tax.
NRS 482.415 Registration
if transferee unable to produce certificate of registration or title.
NRS 482.420 Transfer
other than voluntary transfer: Expiration of registration; operation of
vehicle.
LEASE OF MOTOR VEHICLE OR TRAILER FOR USE PRIMARILY IN TRADE
OR BUSINESS
NRS 482.4215 Circumstances
in which lease does not constitute sale or create security interest.
SECURITY INTERESTS IN VEHICLES
NRS 482.423 Sale
of new vehicle: Duties of seller; information concerning secured party or
assignee; temporary placards; dealer to complete dealer’s report of sale and
furnish copy of information included therein; applicability of section.
NRS 482.4235 Lease
of new vehicle pursuant to long-term lease: Duties of long-term lessor;
temporary placards; completion of long-term lessor’s report of lease and
furnishing of copy of information included therein.
NRS 482.424 Sale
of used or rebuilt vehicle: Duties of seller; exception; information concerning
secured party; temporary placards; completion of dealer’s or rebuilder’s report
of sale and furnishing of copy of information included therein.
NRS 482.4245 Lease
of used or rebuilt vehicle pursuant to long-term lease: Duties of long-term
lessor; temporary placards; completion of long-term lessor’s report of lease
and furnishing of copy of information included therein.
NRS 482.4247 Temporary
placards issued by Department; fee; disposition of proceeds.
NRS 482.426 Sale
of used or rebuilt vehicle by person not dealer or rebuilder: Duties; documents
and statement to be submitted to Department; remittance of fee.
NRS 482.427 Issuance
of certificate of title to buyer, secured party or assignee.
NRS 482.428 Issuance
of certificates of title to certain secured parties.
NRS 482.4285 Electronic
lien system for notification and release of security interests: Duties of
Department; qualifications and requirements of contractor; participation of
lienholders; electronic lien admissible as evidence of existence of lien;
regulations.
NRS 482.429 Fees.
NRS 482.431 Delivery
of certificate of title following performance of terms of contract or security
agreement; complaint; investigation; administrative fine; opportunity for hearing;
deposit of fines.
NRS 482.432 Applicable
statutory provisions for perfection and release of security interest.
NRS 482.433 Inapplicability
of certain provisions to security interests in certain vehicles.
NRS 482.434 Effect
of action or failure to act by Department or its officers or employees.
NRS 482.436 Unlawful
acts; penalty.
NRS 482.438 Obtaining
duplicate certificate of title to use as security with intent to defraud prohibited;
penalties.
IDENTIFICATION OF TRIMOBILES
NRS 482.441 Certificates
of title and registration.
SUSPENSION OF REGISTRATION
NRS 482.451 Suspension
upon court order; return of license plates and registration to Department;
reinstatement; sale or transfer of motor vehicle.
NRS 482.456 Penalties
related to operation of motor vehicle for which registration is suspended or
failure to return certificate of registration or license plates; service of
term of imprisonment; consecutive sentences.
NRS 482.458 Suspension
upon dishonored payment for registration; return of certificate of registration
and license plates to Department; notice; reinstatement.
CANCELLATION OF REGISTRATION
NRS 482.460 Unsafe
or improperly equipped vehicle.
NRS 482.461 Failure
of mandatory test of emissions from engines; notification; cost of inspection.
NRS 482.463 Surrender
or proof of loss of certificate of registration and license plates of vehicle
with declared gross weight in excess of 26,000 pounds: Refund or credit for
excise taxes.
NRS 482.465 Unlawful
use of certificate of registration or license plates; cancellation of
certificate of title or registration and license plates improperly issued or
obtained; revocation of certificate of title or registration and license plates
for vehicle with declared gross weight in excess of 26,000 pounds.
NRS 482.470 Disposition
of certificates of registration and title and license plates if vehicle
dismantled, junked or rendered inoperative; issuance of salvage title;
destruction of returned plates.
NRS 482.475 Vehicle
used for short-term leasing.
NRS 482.478 No
refund of registration fees or governmental services taxes upon rescission or
cancellation of registration or surrender of license plates; exception.
FEES
NRS 482.480 Fees
for registration; exceptions; account for verification of insurance. [Effective
until the earlier of October 1, 2015, or the date on which the Director of the
Department of Motor Vehicles notifies the Governor and the Director of the
Legislative Counsel Bureau that sufficient resources are available to enable
the Department to carry out the provisions of chapter 472, Statutes of Nevada
2013, at page 2812.]
NRS 482.480 Fees
for registration; exceptions; account for verification of insurance. [Effective
on the earlier of October 1, 2015, or the date on which the Director of the
Department of Motor Vehicles notifies the Governor and the Director of the
Legislative Counsel Bureau that sufficient resources are available to enable
the Department to carry out the provisions of chapter 472, Statutes of Nevada
2013, at page 2812.]
NRS 482.4805 Transfer
of money from Account for Verification of Insurance to State Highway Fund.
NRS 482.481 Proration
of fee for registration of certain vehicles.
NRS 482.482 Additional
fees for registration of motortruck, truck-tractor or bus; payment by
installment for fleets authorized; penalty for failure to pay fee or tax;
registration of vehicle after conviction or plea for operating vehicle which
exceeded its declared gross weight.
NRS 482.483 Additional
fees for registration of trailer or semitrailer.
NRS 482.485 Weighing
of motor vehicles by public weighmasters; alternative for farm vehicles.
NRS 482.490 Manufacturer’s,
distributor’s, dealer’s or rebuilder’s license plate.
NRS 482.500 Fees
for duplicate or substitute certificates of registration, decals and number
plates; fees for replacement plates or sets of plates issued for special
license plates; fees for souvenir and sample license plates; exceptions.
NRS 482.503 Exemptions
from fees for registration.
NRS 482.515 Delinquent
fees; penalties.
REPOSSESSION OF VEHICLES AND CONSTRUCTION EQUIPMENT
NRS 482.516 Sale
or lease of repossessed vehicle: Persons liable on security agreement to be
given written notice of intent in advance; required manner of provision and
contents of notice; rights of persons liable on security agreement.
NRS 482.5161 Sale
of repossessed construction equipment.
NRS 482.5163 Sale
of repossessed vehicle in commercially reasonable manner; application of
proceeds; injunctive relief; damages.
NRS 482.518 Reports
of repossession to peace officer and Department.
SPECIAL ANTITHEFT LAWS
NRS 482.520 Action
by Department on reports of stolen, embezzled and recovered vehicles.
NRS 482.540 Authority
of police officer, without warrant, to seize and take possession of certain
vehicles; inspection and written report concerning certain falsely attached,
removed, defaced, altered or obliterated numbers and marks; authority of court
to declare vehicle forfeited under certain circumstances; charging of criminal
act must not precede completion of report.
NRS 482.542 Disposition
of seized vehicle.
OFFENSES CONCERNING DELIVERY, DISPLAY, OPERATION, POSSESSION,
REGISTRATION OR SALE OF CERTAIN VEHICLES; IDENTIFICATION NUMBERS AND MARKS;
DECEPTIVE TRADE PRACTICES
NRS 482.543 Definitions.
NRS 482.5432 “Automobile
wrecker” defined.
NRS 482.5434 “Body
shop” defined.
NRS 482.5436 “Garage
operator” defined.
NRS 482.544 “Identification
number or mark” defined.
NRS 482.5445 “Salvage
pool” defined.
NRS 482.545 Certain
unlawful acts.
NRS 482.547 Unlawful
sale, offer of sale or display for sale of motor vehicle; penalty.
NRS 482.548 Unlawful
display of vehicle for sale or lease.
NRS 482.550 Unlawful
sale or delivery of used vehicle within State if vehicle not registered in this
State; disposition of plates; penalty.
NRS 482.5505 Unlawful
taking of possession of motor vehicle or part thereof with knowledge that
identification number or mark has been falsely attached, removed, defaced,
altered or obliterated; exception; penalty.
NRS 482.551 Unlawful
purchase, disposal, sale or transfer of motor vehicle or parts with falsely
attached, removed, defaced, altered or obliterated identification number or
mark; applicability; penalty.
NRS 482.553 Unlawful
removal, defacement, alteration or obliteration of identification number or
mark of motor vehicle or part thereof; restoration of number or mark; homemade
vehicles; penalty.
NRS 482.5533 Unlawful
failure of certain persons to notify Department or local law enforcement agency
within certain period of discovery of motor vehicle or part thereof having
identification number or mark that has been falsely attached, removed, defaced,
altered or obliterated; penalty.
NRS 482.5536 Court
proceedings: Disclosure of certain information prohibited; exception; in camera
review.
NRS 482.554 Deceptive
trade practices: Acts constituting; administrative fines; certain disclosures
required; remedy not exclusive.
PENALTIES
NRS 482.555 Criminal
penalties for certain violations of chapter; exception.
NRS 482.557 Failure
to provide insurance: Administrative fines; requirements for filing and
maintaining with Department certificate of financial responsibility; suspension
of driver’s license of registered owner.
NRS 482.565 Administrative
fines for violations other than deceptive trade practices; injunction or other
appropriate remedy; enforcement proceedings.
_________
GENERAL PROVISIONS
NRS 482.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 482.0105 to 482.137, inclusive, have the meanings ascribed to them
in those sections.
[Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A
1961, 128; 1967, 704; 1969, 684; 1973, 230, 399, 1568; 1975, 444, 1075; 1979, 854; 1985, 1836; 1987, 1592, 2079; 1991, 2330, 2353; 1993, 620; 1995, 1861, 2355, 2359, 2365; 1997, 624, 625; 2001, 1725; 2003, 374; 2005, 1240; 2007, 3200; 2009, 466; 2013, 2829)
NRS 482.0105 “Assembly” defined. “Assembly”
means a combination of parts assembled together in such a way as to create a
complete part.
(Added to NRS by 2005, 1239)
NRS 482.011 “Based” defined. “Based”
means the place or domicile where a vehicle is primarily used, or if a vehicle
is often used in more than one county, then it means the place or domicile
where the vehicle is primarily stored or kept. A vehicle registered for
intercounty or interstate operation under the provisions of chapter 706 of NRS shall be deemed to have no
base.
(Added to NRS by 1973, 399; A 2007, 3200)
NRS 482.012 “Border state employee” defined. “Border
state employee” means a person whose legal residence is not in this State, who
resides outside of the State of Nevada and who commutes on a daily basis into
the State of Nevada solely for the purpose of employment at a place of
employment which is less than 35 air miles from the state border.
(Added to NRS by 1973, 1567; A 1989, 703; 1991, 1988)
NRS 482.0125 “Branch” defined. “Branch”
means an established place of business of a vehicle dealer or long-term or
short-term lessor at which the dealer or long-term or short-term lessor
conducts business simultaneously with, and physically separated from, his or
her principal established place of business.
(Added to NRS by 1979, 1023; A 2007, 3200)
NRS 482.0127 “Broker” defined. “Broker”
means a person who, for a fee or any other consideration, offers to provide to
another person the service of arranging, negotiating or assisting in the
purchase of a new or used vehicle which has not been registered or for which an
ownership interest has not been taken by the broker.
(Added to NRS by 1995, 2362; A 2007, 3200)
NRS 482.013 “Bus” defined. “Bus”
means any motor vehicle designed for carrying more than 10 passengers and used
for the transportation of persons, and every motor vehicle, other than a
taxicab, designed and used for transportation of persons for compensation.
(Added to NRS by 1965, 316)
NRS 482.014 “Calendar year” defined. “Calendar
year” means a year commencing at 12 p.m. December 31 and ending at 12 p.m. the
following December 31.
(Added to NRS by 1969, 683)
NRS 482.0145 “Charitable organization” defined. “Charitable
organization” means an organization which:
1. The Secretary of the Treasury has
determined is an exempt organization pursuant to the provisions of section
501(c) of the Internal Revenue Code; and
2. For not less than 2 years, has held a
certificate of organization or has been qualified by the Secretary of State to
conduct business in this State.
(Added to NRS by 1995, 2354)
NRS 482.0151 “Chassis-mount camper” defined. “Chassis-mount
camper” means a portable unit designed to be permanently affixed to a truck
chassis and cab, and so constructed as to provide temporary living quarters for
travel, camping or recreational use.
(Added to NRS by 1973, 229)
NRS 482.0153 “Combined gross vehicle weight rating” defined. “Combined gross vehicle weight rating” means
the maximum gross weight, as designated by the manufacturer, that a vehicle is
capable of towing in combination with its own gross vehicle weight rating.
(Added to NRS by 2009, 466)
NRS 482.0154 “Complete front inner structure for a unibody” defined. “Complete front inner structure for a unibody”
means the weld-on structure of a vehicle, including, without limitation, the
radiator support, left and right aprons, upper and lower rails and strut
towers, designed and intended to be located forward of the cowl assembly.
(Added to NRS by 2005, 1239)
NRS 482.0157 “Conventional frame” defined. “Conventional
frame” means the main longitudinal structural members of the chassis of a
vehicle used as the major support in the construction of the vehicle.
(Added to NRS by 2005, 1239)
NRS 482.016 “Converter dolly” defined. “Converter
dolly” means a vehicle with a fifth wheel lower half or equivalent mechanism,
the attachment of which converts a semitrailer to a full trailer.
(Added to NRS by 1969, 683)
NRS 482.018 “Cowl assembly” defined. “Cowl
assembly” means the forward structural portion of a vehicle to which are
intended to be attached all or a part of the windshield frame, fire wall,
housing of the instrument panel and hinges for the front doors.
(Added to NRS by 2005, 1239)
NRS 482.020 “Dealer” and “vehicle dealer” defined.
1. “Dealer” or “vehicle dealer” means any
person who:
(a) For compensation, money or other thing of
value sells, exchanges, buys, offers or displays for sale, negotiates or
attempts to negotiate a sale or exchange of an interest in a vehicle subject to
registration under this chapter or induces or attempts to induce any person to
buy or exchange an interest in a vehicle;
(b) Represents that he or she has the ability to
sell, exchange, buy or negotiate the sale or exchange of an interest in a
vehicle subject to registration under this chapter or in any other state or
territory of the United States;
(c) Receives or expects to receive a commission,
money, brokerage fee, profit or any other thing of value from the seller or
purchaser of a vehicle; or
(d) Is engaged wholly or in part in the business
of selling vehicles or buying or taking in trade vehicles for the purpose of
resale, selling or offering for sale or consignment to be sold or otherwise
dealing in vehicles, whether or not he or she owns the vehicles.
2. “Dealer” or “vehicle dealer” does not
include:
(a) An insurance company, bank, finance company,
government agency or any other person coming into possession of a vehicle,
acquiring a contractual right to a vehicle or incurring an obligation with
respect to a vehicle in the performance of official duties or under the
authority of any court of law, if the sale of the vehicle is for the purpose of
saving the seller from loss or pursuant to the authority of a court of
competent jurisdiction;
(b) A person, other than a long-term or
short-term lessor, who is not engaged in the purchase or sale of vehicles as a
business, but is disposing of vehicles acquired by the owner for his or her use
and not for the purpose of avoiding the provisions of this chapter, or a person
who sells not more than three personally owned vehicles in any 12-month period;
(c) Persons regularly employed as salespersons by
dealers, licensed under this chapter, while those persons are acting within the
scope of their employment;
(d) Persons who are incidentally engaged in the
business of soliciting orders for the sale and delivery of vehicles outside the
territorial limits of the United States if their sales of such vehicles produce
less than 5 percent of their total gross revenue; or
(e) Persons who sell kit trailers but no other
vehicle defined by this chapter.
[Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A
1975, 1069; 1993,
2339; 2007,
3201)
NRS 482.023 “Declared gross weight” defined. “Declared
gross weight” means the maximum gross weight at which a motor vehicle or
combination of vehicles will be operated, except the term does not include the
weight of:
1. Another vehicle which is being carried
or towed by a tow car, as that term is defined in NRS 706.131;
2. Implements of husbandry;
3. A trailer or other towed vehicle which
is not used for a commercial enterprise;
4. Towable tools or equipment, as that
term is defined in NRS 484D.055; or
5. The load on a farm vehicle which has an
unladen weight of 10,000 pounds or more.
(Added to NRS by 1985, 1835; A 1987, 144; 1991, 2353)
NRS 482.028 “Distributor” defined; exception. Except
as otherwise provided in NRS 482.36318,
“distributor” means a person, other than a manufacturer, who is engaged in the
business of selling new motor vehicles to dealers.
(Added to NRS by 1981, 189; A 2003,
20th Special Session, 299)
NRS 482.0285 “Duplicate number plate” defined. “Duplicate
number plate” means a license plate or a set of license plates issued to a
registered owner which repeats the code of a plate or set of plates previously
issued to the owner to maintain the registration using the same code.
(Added to NRS by 2003, 373)
NRS 482.0287 “Electric bicycle” defined. “Electric
bicycle” means a device upon which a person may ride, having two or three
wheels, or every such device generally recognized as a bicycle that has fully
operable pedals and is propelled by a small electric engine which produces not
more than 1 gross brake horsepower and which produces not more than 750 watts
final output, and:
1. Is designed to travel on not more than
three wheels in contact with the ground but is not a tractor; and
2. Powered solely by such a small electric
engine, is capable of a maximum speed of not more than 20 miles per hour on a
flat surface while carrying an operator who weighs 170 pounds.
Ê The term
does not include a moped.
(Added to NRS by 2009, 394)
NRS 482.029 “Electric personal assistive mobility device” defined. “Electric personal assistive mobility device”
means a self-balancing, two nontandem wheeled device, designed to transport
only one person, with an electric propulsion system that limits the maximum
speed of the device to 15 miles per hour or less.
(Added to NRS by 2003, 1205)
NRS 482.030 “Essential parts” defined. “Essential
parts” means all integral parts and body parts, the removal, alteration or
substitution of which will tend to conceal the identity or substantially alter
the appearance of the vehicle.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.035 “Farm tractor” defined. “Farm
tractor” means every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines and other implements of husbandry.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.036 “Farm vehicle” defined. “Farm
vehicle” means any vehicle or combination of vehicles which is:
1. Controlled and operated by a farmer or
rancher;
2. Used to transport his or her own
livestock, agricultural products, or ranch or farm machinery or supplies to or
from a ranch or farm; and
3. Not used in the operation of a common
or contract carrier.
(Added to NRS by 1991, 2353)
NRS 482.037 “Fiscal year” defined. “Fiscal
year” means a year commencing at 12 p.m. June 30 and ending at 12 p.m. the
following June 30.
(Added to NRS by 1969, 684)
NRS 482.0385 “Floor pan assembly” defined. “Floor
pan assembly” means the pans designed and intended to form the floor of the
passenger compartment of a vehicle.
(Added to NRS by 2005, 1239)
NRS 482.040 “Foreign vehicle” defined. “Foreign
vehicle” means every motor vehicle, trailer or semitrailer which has been
brought into this State otherwise than in the ordinary course of business by or
through a manufacturer or dealer and which has not been registered in this State.
[Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A
1969, 186)
NRS 482.043 “Franchise” defined. “Franchise”
means a written agreement between a manufacturer or distributor and a dealer by
which:
1. A commercial relationship of definite
duration or continuing indefinite duration is established.
2. The dealer is granted the right to
offer and sell at retail new vehicles, other than mopeds, farm tractors or
special mobile equipment.
3. The dealer constitutes a component of a
distribution system for new vehicles.
4. The operation of the dealer’s business
is substantially associated with the trademark, trade name, advertising or
other commercial symbol designating a manufacturer or distributor.
5. The operation of a portion of the
dealer’s business is substantially reliant on the manufacturer or distributor
for a continued supply of new vehicles, parts and accessories.
(Added to NRS by 1981, 189; A 1983, 838; 2003,
20th Special Session, 299)
NRS 482.0435 “Full trailer” defined. “Full
trailer” means any commercial vehicle without motive power supported by front
and rear axles and pulled by a drawbar.
(Added to NRS by 2013, 2829)
NRS 482.044 “Golf cart” defined. “Golf
cart” means a motor vehicle which:
1. Has no fewer than three wheels in
contact with the ground; and
2. Is designed to carry golf equipment and
no more than four persons, including the driver.
(Added to NRS by 1991, 2329; A 1995, 18)
NRS 482.0445 “Gross vehicle weight rating” defined. “Gross
vehicle weight rating” means the maximum gross weight, as designated by the
manufacturer, at which a vehicle is capable of being operated, including any
load the vehicle is capable of carrying but excluding any weight the vehicle is
capable of towing.
(Added to NRS by 2009, 466)
NRS 482.045 “Highway” defined. “Highway”
means the entire width between the boundary lines of every way maintained by a
public authority when any part of such way is open to the use of the public for
purposes of vehicular traffic.
[Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A
1973, 230)
NRS 482.050 “Identification” and “permanent identifying” defined. “Identification” or “permanent identifying” as
used in this chapter with respect to the number of a vehicle subject to
registration under this chapter shall, for the purpose of the registration or
departmental record thereof, or any evidence of such registration, be construed
to mean such identification, or permanent identifying number of any vehicle
which the manufacturer thereof may, in its discretion, adopt or has adopted as
an identification or permanent identifying number of the vehicles manufactured
by it, or which the Director may approve as the identification number, in lieu
of or in addition to a motor number or serial number or a motor and serial
number.
[1.5:202:1931; added 1949, 511; 1943 NCL §
4435a]—(NRS A 1961, 128)
NRS 482.0515 “Kit trailer” defined. “Kit
trailer” means a vehicle without motive power which:
1. Is designed to carry property on its
own structure and to be drawn or towed by a motor vehicle;
2. Is sold new in an unassembled,
prepackaged condition;
3. Does not exceed 6 feet in width and 8
feet in length once assembled; and
4. Does not weigh more than 250 pounds
unladen.
(Added to NRS by 2007, 3199)
NRS 482.053 “Lease,” “long-term lessee,” “long-term lessor,” “short-term
lessee” and “short-term lessor” defined. For
the purposes of regulation under this chapter and of imposing tort liability
under NRS 41.440, and for no other
purpose:
1. “Lease” means a contract by which the
lienholder or owner of a vehicle transfers to another person, for compensation,
the right to use such vehicle.
2. “Long-term lessee” means a person who
has leased a vehicle from another person for a fixed period of more than 31
days.
3. “Long-term lessor” means a person who
has leased a vehicle to another person for a fixed period of more than 31 days.
4. “Short-term lessee” means a person who
has leased a vehicle from another person for a period of 31 days or less, or by
the day, or by the trip.
5. “Short-term lessor” means a person who
has leased a vehicle to another person for a period of 31 days or less, or by
the day, or by the trip.
(Added to NRS by 1967, 704; A 1975, 1070)
NRS 482.055 “Lienholder” defined. “Lienholder”
means a person who holds a security interest in a vehicle and whose name
appears on the certificate of title as legal owner.
[Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A
1965, 1472; 1975, 1071)
NRS 482.0555 “Local authority” defined. “Local
authority” has the meaning ascribed to it in NRS 484A.115.
(Added to NRS by 1995, 2358)
NRS 482.060 “Manufacturer” defined. “Manufacturer”
means every person engaged in the business of manufacturing motor vehicles,
trailers or semitrailers.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.065 “Metal tires” defined. “Metal
tires” means all tires the surface of which in contact with the highway is
wholly or partly of metal or other hard, nonresilient material.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.066 “Mini motor home” defined. “Mini
motor home” means a vehicular-type unit designed for temporary living quarters
for travel, camping or recreational use which is:
1. A structure attached permanently on a
self-propelled chassis; or
2. A portable unit designed to be affixed
permanently to a truck chassis with cab,
Ê which is
designated as a mini motor home by the manufacturer.
(Added to NRS by 1973, 229)
NRS 482.067 “Mobile home” defined. “Mobile
home” means a vehicular structure, built on a chassis or frame, which is
designed to be used with or without a permanent foundation and is capable of
being drawn by a motor vehicle. It may be used as a dwelling when connected to
utilities or may be used permanently or temporarily for the advertising, sales,
display or promotion of merchandise or services. The term does not include a
recreational park trailer.
(Added to NRS by 1963, 348; A 1973, 230; 2001, 1725)
NRS 482.069 “Moped” defined. “Moped”
means a motor-driven scooter, motor-driven cycle or similar vehicle that is
propelled by a small engine which produces not more than 2 gross brake
horsepower, has a displacement of not more than 50 cubic centimeters or produces
not more than 1500 watts final output, and:
1. Is designed to travel on not more than
three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not
more than 30 miles per hour on a flat surface with not more than 1 percent
grade in any direction when the motor is engaged.
Ê The term
does not include an electric bicycle.
(Added to NRS by 1975, 1075; A 1983, 895; 2009, 394)
NRS 482.070 “Motorcycle” defined. “Motorcycle”
means every motor vehicle designed to travel on not more than three wheels in
contact with the ground, except any such vehicle as may be included within the
term “electric bicycle,” “tractor” or “moped” as defined in this chapter.
[Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A
1975, 1075; 2009,
394)
NRS 482.071 “Motor home” defined. “Motor
home” means a structure:
1. Attached permanently to a
self-propelled motor vehicle chassis;
2. Designed as a temporary dwelling for
travel, recreational or camping use; and
3. When assembled for the road, has a
maximum body width of 102 inches.
(Added to NRS by 1973, 229; A 2001, 1725)
NRS 482.073 “Motortruck” defined. “Motortruck”
means every motor vehicle designed, used or maintained primarily for the
transportation of property.
(Added to NRS by 1969, 689)
NRS 482.075 “Motor vehicle” defined. “Motor
vehicle” means every vehicle as defined in NRS 482.135
which is self-propelled.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.076 “New vehicle” defined. Except
as otherwise provided in NRS 482.363521, “new vehicle”
means a vehicle:
1. That has never been registered with the
Department and has never been registered with the appropriate agency of
authority of any other state, the District of Columbia, any territory or
possession of the United States or foreign state, province or country;
2. For which a certificate of title has
never been issued by the Department or by the appropriate agency of authority
of any other state, the District of Columbia, any territory or possession of
the United States or foreign state, province or country; or
3. That has been so registered or for
which a certificate of title has been so issued, if the vehicle is equipped
with an odometer that registers 2,500 miles or less.
(Added to NRS by 1965, 1471; A 1995, 776; 2007, 3201)
NRS 482.078 “New vehicle dealer” defined. “New
vehicle dealer” means any:
1. Vehicle dealer licensed under the
provisions of this chapter as a new vehicle dealer who has a franchise from a
manufacturer of vehicles to sell new vehicles and who acquires new or new and
used vehicles for resale; or
2. Manufacturer described in NRS 482.36349 that is licensed under the provisions
of this chapter as a new vehicle dealer.
(Added to NRS by 1965, 1471; A 1975, 1071; 2014, 28th
Special Session, 4)
NRS 482.080 “Nonresident” defined. “Nonresident”
means every person who is not a resident of this State, and who does not use
his or her motor vehicle for a gainful purpose.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.084 “Out-of-state student” defined. “Out-of-state
student” means a student whose legal residence is not in this State and who
comes into Nevada for the purpose of attending an educational institution.
(Added to NRS by 1973, 1567)
NRS 482.085 “Owner” defined. “Owner”
means a person who holds the legal title of a vehicle and whose name appears on
the certificate of title, and any lienholder whose name appears on the
certificate of title. If a vehicle is the subject of an agreement for the
conditional sale or lease thereof with or without the right of purchase upon
performance of the conditions stated in the agreement and with an immediate
right of possession vested in the conditional vendee or lessee, or if a
mortgagor of a vehicle is entitled to possession, then the conditional vendee
or lessee or mortgagor shall be deemed the owner for the purpose of this
chapter.
[Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A
1973, 230; 1987,
1144; 2003,
457)
NRS 482.087 “Passenger car” defined. “Passenger
car” means a motor vehicle designed for carrying 10 persons or less, except a
motorcycle or motor-driven cycle.
(Added to NRS by 1969, 684; A 2009, 394)
NRS 482.091 “Passenger compartment” defined. “Passenger
compartment” means the area of a vehicle designed and intended for the seating
of the driver and passengers.
(Added to NRS by 2005, 1239)
NRS 482.095 “Pneumatic tires” defined. “Pneumatic
tires” means all tires inflated with compressed air.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.096 “Purchase price” defined. “Purchase
price” means:
1. If no security interest is taken,
retained, created or in existence by virtue of a sale of a vehicle in this
State, the price of the vehicle plus any additional included amounts for taxes,
official fees, registration fees, transfer of title fees, delivery charges,
installation charges, servicing charges, repair charges, alteration charges and
improvement charges, or any of them.
2. If a security interest is taken,
retained, created or in existence by virtue of a sale of a vehicle in this
State, the amounts specified in subsection 1 plus any time price differential
included in the security agreement or the obligation which it secures.
(Added to NRS by 1975, 443)
NRS 482.0965 “Rear clip assembly” defined. “Rear
clip assembly” means the entire rear structural portion of a vehicle designed
and intended to be located behind the rear seat of the vehicle.
(Added to NRS by 2005, 1239)
NRS 482.097 “Rebuilder” defined.
1. “Rebuilder” means a person engaged in
the:
(a) Business of reconstructing motor vehicles by
the alteration, addition or substitution of substantial or essential parts; or
(b) Assembling of replica or specially
constructed vehicles from unassembled parts.
2. Nothing in this section shall be
construed to require any licensed new or used vehicle dealer to secure a
license as a rebuilder in conjunction with rebuilding in his or her own
facilities.
(Added to NRS by 1971, 1302; A 2007, 3202)
NRS 482.098 “Rebuilt vehicle” defined.
1. “Rebuilt vehicle” means a vehicle:
(a) That is a salvage vehicle as that term is
defined in NRS 487.770, excluding a
nonrepairable vehicle; or
(b) One or more major components of which have
been replaced as set forth in this subsection. For the purposes of this
subsection, the requisite major components of a vehicle which must be replaced
for a vehicle to be considered rebuilt are the:
(1) Cowl assembly;
(2) Rear clip assembly;
(3) Roof assembly;
(4) Floor pan assembly;
(5) Conventional frame coupled with one
additional major component; or
(6) Complete front inner structure for a
unibody.
2. The term does not include a vehicle for
which the only change is the installation of a truck cab assembly.
3. For the purposes of this section,
“replaced” means the substitution, or change in whole, of a new, used or
after-market part of a vehicle.
(Added to NRS by 1987, 1591; A 1997, 2861; 2003, 515, 1907; 2005, 1240)
NRS 482.100 “Reconstructed vehicle” defined. “Reconstructed
vehicle” means any vehicle which shall have been assembled or constructed
largely by means of essential parts, new or used, derived from other vehicles
or makes of vehicles of various names, models or types, or which, if originally
otherwise constructed, shall have been materially altered by the removal of
essential parts or by the addition or substitution of essential parts, new or
used, derived from other vehicles or makes of vehicles.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.1005 “Recreational park trailer” defined.
1. “Recreational park trailer” means a
vehicle which is primarily designed to provide temporary living quarters for
recreational, camping or seasonal use and which:
(a) Is built on a single chassis mounted on
wheels;
(b) Has a gross trailer area not exceeding 400
square feet in the set-up mode; and
(c) Is certified by the manufacturer as complying
with Standard No. A119.5 of the American National Standards Institute.
2. Nothing in this section shall be
construed to mean that a recreational park trailer is a vehicle which must be
registered pursuant to the provisions of this chapter.
(Added to NRS by 2001, 1725; A 2007, 3202)
NRS 482.101 “Recreational vehicle” defined. “Recreational
vehicle” means a vehicular-type unit primarily designed as temporary living
quarters for travel, recreational or camping use, which may be self-propelled,
mounted upon, or drawn by, a motor vehicle. The term includes a recreational
park trailer.
(Added to NRS by 1973, 229, 1585; A 2001, 1726)
NRS 482.1015 “Registered dealer” defined. “Registered
dealer” means a new vehicle dealer who is authorized to issue certificates of
registration pursuant to NRS 482.216.
(Added to NRS by 1995, 1860)
NRS 482.102 “Registered owner” defined. “Registered
owner” means a natural person, firm, corporation or association whose name appears
in the files of the Department as the person to whom the vehicle is registered.
(Added to NRS by 1973, 229; A 1999, 3576)
NRS 482.103 “Resident” defined.
1. “Resident” includes, but is not limited
to, a person:
(a) Whose legal residence is in the State of
Nevada.
(b) Who engages in intrastate business and
operates in such a business any motor vehicle, trailer or semitrailer, or any
person maintaining such vehicles in this State, as the home state of such
vehicles.
(c) Who physically resides in this State and
engages in a trade, profession, occupation or accepts gainful employment in
this State.
(d) Who declares that he or she is a resident of
Nevada for purposes of obtaining privileges not ordinarily extended to
nonresidents of this State.
2. The term does not include a person who
is an actual tourist, an out-of-state student, a border state employee or a
seasonal resident.
3. The provisions of this section do not
apply to persons who operate vehicles in this State under the provisions of NRS 482.385, 482.390, 482.395, 482.3961 or 706.801 to 706.861, inclusive.
(Added to NRS by 1973, 1567; A 1989, 703; 2013, 3192)
NRS 482.106 “Roof assembly” defined. “Roof
assembly” means the structural parts of a vehicle, including, without
limitation, more than one-half of the vertical roof supports, the framework of
the roof and the exterior metal skin, that together are designed and intended
to be located over the passenger compartment to form the roof of the vehicle.
(Added to NRS by 2005, 1239)
NRS 482.107 “Salesperson” defined. “Salesperson”
means:
1. A person employed by a vehicle dealer,
under any form of contract or arrangement to sell, exchange, buy, or offer for
sale, or exchange an interest in a vehicle to any person, who receives or expects
to receive a commission, fee or any other consideration from the seller or
purchaser of the vehicle; or
2. A person who exercises managerial
control within the business of a dealer or a long-term or short-term lessor, or
who supervises salespersons employed by a dealer or a long-term or short-term
lessor, whether compensated by salary or by commission, or who negotiates with
or induces a customer to enter into a security agreement on behalf of a dealer
or a long-term or short-term lessor.
(Added to NRS by 1957, 508; A 1993, 2340)
NRS 482.109 “Security interest” defined. “Security
interest” means an interest in a vehicle, including a mobile home whether or
not permanently attached to the land, reserved or created by agreement, which
secures payment or performance of an obligation. “Security interest” includes
the interest of a lessor under a lease intended as security. Whether a lease is
intended as security is to be determined by the facts of each case, but:
1. The inclusion of an option to purchase
does not of itself make the lease one intended for security; and
2. An agreement that upon compliance with
the terms of the lease the lessee shall become or has the option to become the
owner of the vehicle for no additional consideration does make the lease one
intended for security.
(Added to NRS by 1975, 443)
NRS 482.110 “Semitrailer” defined. “Semitrailer”
means every vehicle of the trailer type so designed and used in conjunction
with a motor vehicle that some part of its own weight and that of its own load
rests upon or is carried by another vehicle.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.1115 “Service vehicle” and “work vehicle” defined. “Service vehicle” or “work vehicle” means a
vehicle owned and operated by a licensed dealer, manufacturer, distributor,
long-term or short-term lessor, rebuilder or broker in the furtherance of his
or her business. Such vehicles include, without limitation, a passenger shuttle
bus, a tow car, a delivery vehicle or any other vehicle used to transport
customers or property to or from the place of business of the dealer,
manufacturer, distributor, long-term or short-term lessor, rebuilder or broker.
(Added to NRS by 2007, 3199)
NRS 482.113 “Slide-in camper” defined. “Slide-in
camper” means a portable unit designed to be loaded and unloaded from the bed
of a pickup truck, and so constructed as to provide temporary living quarters
for travel, camping or recreational use.
(Added to NRS by 1973, 230)
NRS 482.115 “Solid rubber tires” defined. “Solid
rubber tires” means every tire made of rubber other than a pneumatic tire.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.120 “Specially constructed vehicle” defined. “Specially constructed vehicle” means any
vehicle which shall not have been originally constructed under a distinctive
name, make, model or type by a generally recognized manufacturer of vehicles.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.123 “Special mobile equipment” defined.
1. “Special mobile equipment” means every
motor vehicle not designed or used primarily for the transportation of persons
or property and only incidentally operated or moved upon a highway, including,
but not limited to, scoopmobiles, forklifts, ditch-digging apparatus,
well-boring apparatus and road construction and maintenance machinery such as
asphalt graders, bituminous mixers, bucket loaders, tractors other than truck
tractors, leveling graders, finishing machines, motor graders, road rollers,
scarifiers, earth-moving carryalls and scrapers, power shovels and draglines,
and earth-moving equipment.
2. “Special mobile equipment” does not
include house trailers, dump trucks, truck-mounted transit mixers, concrete
pumpers, cranes or drill rigs with highway-rated tires or other vehicles
designed for the transportation of persons or property to which machinery has
been attached.
3. The Director may make the final
determination as to whether a vehicle not specifically enumerated in subsection
1 or 2 falls within this definition.
4. The Department shall, by regulation,
define “incidentally operated or moved upon a highway” for purposes of this
section.
(Added to NRS by 1971, 1302; A 1973, 221; 2007, 229)
NRS 482.124 “Substitute number plate” defined. “Substitute
number plate” means a license plate or a set of license plates issued in place
of a previously issued and unexpired plate or set of plates. The plate or set
of plates does not repeat the code of the previously issued plate or set.
(Added to NRS by 2003, 374)
NRS 482.125 “Trailer” defined. “Trailer”
means every vehicle without motive power designed to carry property or
passengers wholly on its own structure and to be drawn by a motor vehicle.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.127 “Travel trailer” defined. “Travel
trailer” means a portable structure mounted on wheels, constructed on a
vehicular-type chassis primarily designed as temporary living quarters for
recreational, camping or travel use and designed to be drawn by another vehicle
and designated by the manufacturer as a travel trailer. A vehicle is not a
travel trailer if, when equipped for highway use, it is more than 8 feet wide.
(Added to NRS by 1973, 230; A 1979, 1222)
NRS 482.129 “Trimobile” defined. “Trimobile”
means every motor vehicle designed to travel with three wheels in contact with
the ground, two of which are power driven.
(Added to NRS by 1979, 854)
NRS 482.1295 “Truck cab assembly” defined. “Truck
cab assembly” means a removable portion of a truck that uses a conventional
frame assembly consisting of a cab that may be bolted and unbolted which
includes a floor assembly, cowl assembly, roof assembly and rear panel and may
also include front, side or rear glass and front or rear left or right doors.
(Added to NRS by 2005, 1239)
NRS 482.130 “Truck-tractor” defined. “Truck-tractor”
means every motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the
weight of the vehicle and load so drawn.
[Part 1:202:1931; A 1951, 165; 1953, 280]
NRS 482.132 “Used vehicle” defined. Except
as otherwise provided in NRS 482.366605, “used
vehicle” means a vehicle that:
1. Has been registered with the Department
or with the appropriate agency of authority of any other state, the District of
Columbia, any territory or possession of the United States or foreign state,
province or country and, if equipped with an odometer, registers more than
2,500 miles on the odometer; or
2. Regardless of mileage, is at least 1
model year old, as determined by the vehicle manufacturer, and has been
registered with the Department or with the appropriate agency of authority of
any other state, the District of Columbia, any territory or possession of the
United States or foreign state, province or country for 30 days or more, if no
exemptions for registration exist under the laws of this State or the laws of
the jurisdiction in which the vehicle was registered.
(Added to NRS by 1965, 1472; A 1995, 776; 1999, 1163; 2007, 3202)
NRS 482.133 “Used vehicle dealer” defined. “Used
vehicle dealer” means any vehicle dealer who is licensed in accordance with the
provisions of this chapter as a used vehicle dealer and who acquires used
vehicles for resale.
(Added to NRS by 1965, 1472; A 1971, 1302; 1973, 231;
1975, 1071; 1995,
776)
NRS 482.134 “Utility trailer” defined. “Utility
trailer” means a vehicle, without motive power, designed to carry property or
passengers wholly on its own structure, and to be drawn by a motor vehicle. It
may not exceed 8 feet in width nor 3,500 pounds in weight.
(Added to NRS by 1973, 230)
NRS 482.1345 “Van conversion” defined. “Van
conversion” means a vehicular-type unit originally designed and manufactured as
a van or enclosed truck, which is modified to be used for travel, camping or
recreational use, but which retains the basic silhouette of a van.
(Added to NRS by 1973, 230)
NRS 482.135 “Vehicle” defined. Except
as otherwise provided in NRS 482.36348, “vehicle”
means every device in, upon or by which any person or property is or may be
transported or drawn upon a public highway. The term does not include:
1. Devices moved by human power or used
exclusively upon stationary rails or tracks;
2. Mobile homes or commercial coaches as
defined in chapter 489 of NRS; or
3. Electric personal assistive mobility
devices.
[Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A 1979, 1222; 2003, 1205; 2003,
20th Special Session, 299)
NRS 482.137 “Vehicle transporter” defined. “Vehicle
transporter” means a person who engages in the business of transporting motor
vehicles in which he or she has no ownership interest and which are otherwise
required to be registered pursuant to this chapter by operating them, singly or
in combination, upon the highway under their own motive power.
(Added to NRS by 1987, 2077)
ADMINISTRATION
NRS 482.155 Enforcement of provisions of chapter by Department, its officers
and peace officers. The
Department, all officers thereof and all peace officers in this State shall
enforce the provisions of this chapter.
[Part 3:202:1931; A 1953, 105]
NRS 482.160 Administrative regulations; branch offices; appointment of
agents and designation of county assessor as agent; compensation of certain
agents.
1. The Director may adopt and enforce such
administrative regulations as are necessary to carry out the provisions of this
chapter.
2. The Director may establish branch
offices as provided in NRS 481.055, and
may by contract appoint any person or public agency as an agent to assist in
carrying out the duties of the Department pursuant to this chapter. The
Director may designate the county assessor of any county as agent to assist in
carrying out the duties of the Department in that county. The county assessor
may, under an agreement with the Department made pursuant to this subsection,
transfer his or her duties as agent to the Department where the Department has
established a branch office, consisting of full-time employees, in the county.
3. Except as otherwise provided in this
subsection, the contract with each agent appointed by the Department in
connection with the registration of motor vehicles and issuance of license
plates must provide for compensation based upon the reasonable value of the
services of the agent but must not exceed $2 for each registration. An
authorized inspection station or authorized station that issues certificates of
registration pursuant to NRS 482.281 is not
entitled to receive compensation from the Department pursuant to this
subsection.
[Part 3:202:1931; A 1953, 105]—(NRS A 1959, 909;
1961, 128; 1969, 1544; 1979, 552; 1981, 242; 1983, 1618; 1985, 732; 1989, 505, 703; 1991, 1914, 1988; 1993, 586, 2860)
NRS 482.162 Department to adopt regulations setting forth criteria for
determination of whether person is farmer or rancher; presentation of evidence
to Department. The Department
shall adopt regulations establishing the criteria to be used to determine whether
a person is a farmer or rancher for the purposes of NRS
482.036 and 706.071. A person must
present appropriate evidence to allow the Department to make the determination
that the person satisfies the criteria set forth in the regulations.
(Added to NRS by 1991, 2353)
NRS 482.165 Director to provide forms. The
Director shall provide suitable forms for applications, registration cards,
license number plates, and all other forms requisite for the purposes of this
chapter, and shall prepay all transportation charges thereon.
[Part 3:202:1931; A 1953, 105]—(NRS A 1961, 129)
NRS 482.170 Records of Department concerning registration and licensing. Except as otherwise provided in NRS 239.0115, 481.063 and 485.316, all personal information in the
records of registration and licensing in the offices of the Department is
confidential and must not knowingly be disclosed by the Department.
[4:202:1931; 1931 NCL § 4435.03]—(NRS A 1991, 487; 1993, 2479; 1995, 1929; 2007, 2114)
NRS 482.171 List of registered owners to be provided for selection of jury;
reimbursement of Department.
1. The Department shall provide a list of
registered owners of motor vehicles in any county upon the request of a
district judge of the judicial district in which the county lies for use by the
district judge for purposes of jury selection.
2. The court which requests the list shall
reimburse the Department for the reasonable cost of the list.
(Added to NRS by 1977, 739)
NRS 482.173 Schedule for retention and disposition of certain records of
Department.
1. Notwithstanding the provisions of any
schedule for the retention and disposition of official state records to the
contrary, the Director shall ensure that the Department retains the originals
of:
(a) Certificates of title that are submitted to
the Department for the registration of a vehicle which has been sold or
transferred; and
(b) Forms for a power of attorney that are
submitted to the Department pursuant to subsection 2 of NRS
482.415,
Ê for at least
1 year after the date on which such documents are received by the Department.
2. Notwithstanding the provisions of NRS 239.080, the Director may order the
destruction of certificates of title and forms for a power of attorney which are
retained pursuant to subsection 1 after the expiration of the 1-year period set
forth in that subsection.
3. The Department shall keep a record
showing when certificates of title and forms for a power of attorney are
destroyed.
(Added to NRS by 1965, 168; A 2001, 1888; 2003, 457)
NRS 482.175 Validity of registration: Powers and duties of Department and
registered dealers. The Department
and the officers and deputies thereof and registered dealers shall examine, and
to the best of their ability determine the genuineness and regularity of, every
registration and transfer of registration of a vehicle as provided in this
chapter, in order that every certificate issued for a vehicle must contain true
statements of the ownership thereof, and to prevent the registration of a
vehicle by any person not entitled thereto. The Department or a registered
dealer may require any applicant to furnish such information in addition to
that contained in the application as may be necessary to satisfy the Department
of the truth and regularity of the application.
[Part 7:202:1931; 1931 NCL § 4435.06]—(NRS A 1995, 1861)
NRS 482.180 Motor Vehicle Fund: Creation; deposits; interest and income;
dishonored payments; distribution of money collected for basic governmental
services tax; transfers.
1. The Motor Vehicle Fund is hereby
created as an agency fund. Except as otherwise provided in subsection 4 or by a
specific statute, all money received or collected by the Department must be
deposited in the State Treasury for credit to the Motor Vehicle Fund.
2. The interest and income on the money in
the Motor Vehicle Fund, after deducting any applicable charges, must be
credited to the State Highway Fund.
3. Any check accepted by the Department in
payment of the governmental services tax or any other fee required to be
collected pursuant to this chapter must, if it is dishonored upon presentation
for payment, be charged back against the Motor Vehicle Fund or the county to
which the payment was credited pursuant to this section or NRS 482.181, in the proper proportion.
4. Except as otherwise provided in
subsection 6, all money received or collected by the Department for the basic
governmental services tax must be distributed in the manner set forth in NRS 482.181 and 482.182.
5. Money for the administration of the
provisions of this chapter must be provided by direct legislative appropriation
from the State Highway Fund or other legislative authorization, upon the
presentation of budgets in the manner required by law. Out of the appropriation
or authorization, the Department shall pay every item of expense.
6. The Department shall withhold 6 percent
from the amount of the governmental services tax collected by the Department as
a commission. From the amount of the governmental services tax collected by a
county assessor, the State Controller shall credit 1 percent to the Department
as a commission and remit 5 percent to the county for credit to its general
fund as commission for the services of the county assessor. All money withheld
by or credited to the Department pursuant to this subsection must be used only
for the administration of this chapter as authorized by the Legislature
pursuant to subsection 5.
7. When the requirements of this section
and NRS 482.181 and 482.182
have been met, and when directed by the Department, the State Controller shall
transfer monthly to the State Highway Fund any balance in the Motor Vehicle
Fund.
8. If a statute requires that any money in
the Motor Vehicle Fund be transferred to another fund or account, the
Department shall direct the State Controller to transfer the money in
accordance with the statute.
[Part 30:202:1931; A 1931, 339; 1937, 330; 1941, 19;
1949, 410; 1951, 177; 1953, 280]—(NRS A 1957, 769; 1959, 910, 917; 1960, 99;
1963, 1124; 1965, 683, 1230; 1969, 339; 1971, 2090; 1973, 220; 1975, 210, 440; 1977, 393; 1979, 110, 553, 1119, 1121, 1247, 1248; 1981, 242, 811, 1545, 1547; 1983, 1586; 1985, 732; 1987, 2272; 1989, 1149; 1991, 42; 1993, 2648; 1995, 990; 1997, 3298; 1999, 22, 2777; 2001, 306, 1832, 1834; 2001
Special Session, 144, 159; 2003, 274; 2009, 2194)
NRS 482.1805 Revolving Account for Issuance of Special License Plates:
Creation; deposit of certain fees; use of money in Account; transfer of excess
balance to State Highway Fund; exception.
1. The Revolving Account for the Issuance
of Special License Plates is hereby created as a special account in the State
Highway Fund. An amount equal to $35 of the fee received by the Department for
the initial issuance of a special license plate, not including any additional
fee which may be added to generate financial support for a particular cause or
charitable organization, must be deposited in the State Highway Fund for credit
to the Account.
2. The Department shall use the money in
the Account to:
(a) Pay the expenses involved in issuing special
license plates; and
(b) Purchase improved and upgraded technology,
including, without limitation, digital technology for the production of special
license plates, to ensure that special license plates are produced in the most
efficient manner possible.
3. Money in the Account must be used only
for the purposes specified in subsection 2.
4. At the end of each fiscal year, the
State Controller shall transfer from the Account to the State Highway Fund an
amount of money equal to the balance in the Account which exceeds $50,000.
5. The provisions of this section do not
apply to NRS 482.37901.
(Added to NRS by 1999, 779; A 2001, 1837; 2003, 3067, 3346; 2009, 1029;
2013, 2546)
NRS 482.181 Governmental services taxes: Certification of amount collected
each month; distribution. [Effective through June 30, 2015.]
1. Except as otherwise provided in
subsection 5, after deducting the amount withheld by the Department and the
amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State
General Fund pursuant to NRS 482.182, the
Department shall certify monthly to the State Board of Examiners the amount of
the basic and supplemental governmental services taxes collected for each
county by the Department and its agents during the preceding month, and that money
must be distributed monthly as provided in this section.
2. Any supplemental governmental services
tax collected for a county must be distributed only to the county, to be used
as provided in NRS 371.043, 371.045 and 371.047.
3. The distribution of the basic
governmental services tax received or collected for each county must be made to
the county school district within each county before any distribution is made
to a local government, special district or enterprise district. For the purpose
of calculating the amount of the basic governmental services tax to be
distributed to the county school district, the taxes levied by each local
government, special district and enterprise district are the product of its
certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established
pursuant to NRS 361.455 for the fiscal
year beginning on July 1, 1980, except that the tax rate for school districts,
including the rate attributable to a district’s debt service, is the rate
established pursuant to NRS 361.455 for
the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s
debt service in any fiscal year is greater than its rate for the fiscal year
beginning on July 1, 1978, the higher rate must be used to determine the amount
attributable to debt service.
4. After making the distributions set
forth in subsection 3, the remaining money received or collected for each
county must be deposited in the Local Government Tax Distribution Account
created by NRS 360.660 for distribution
to local governments, special districts and enterprise districts within each
county pursuant to the provisions of NRS
360.680 and 360.690.
5. An amount equal to any basic
governmental services tax distributed to a redevelopment agency in the Fiscal
Year 1987-1988 must continue to be distributed to that agency as long as it
exists but must not be increased.
6. The Department shall make distributions
of the basic governmental services tax directly to county school districts.
7. As used in this section:
(a) “Enterprise district” has the meaning
ascribed to it in NRS 360.620.
(b) “Local government” has the meaning ascribed
to it in NRS 360.640.
(c) “Received or collected for each county”
means:
(1) For the basic governmental services
tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for
each county based on the following percentages:
Carson City.................. 1.07
percent Lincoln................... 3.12 percent
Churchill........................ 5.21
percent Lyon....................... 2.90 percent
Clark............................ 22.54
percent Mineral................... 2.40 percent
Douglas......................... 2.52
percent Nye......................... 4.09 percent
Elko............................. 13.31
percent Pershing.................. 7.00 percent
Esmeralda..................... 2.52
percent Storey..................... 0.19 percent
Eureka........................... 3.10
percent Washoe................ 12.24 percent
Humboldt..................... 8.25
percent White Pine............. 5.66 percent
Lander........................... 3.88
percent
(2) For all other basic and supplemental
governmental services tax received or collected by the Department, the amount
attributable to each county based on the county of registration of the vehicle
for which the tax was paid.
(d) “Special district” has the meaning ascribed
to it in NRS 360.650.
(Added to NRS by 1985, 731; A 1987, 1693, 1724; 1989, 1882; 1991, 43; 1995, 180, 2183, 2747; 1997, 604, 1587, 1589, 2565, 2566, 2567, 3301, 3299; 1999, 664, 1216; 2001, 307, 1001; 2001
Special Session, 145, 160; 2003, 18, 1313; 2009, 2080,
2194)
NRS 482.181 Governmental services
taxes: Certification of amount collected each month; distribution. [Effective
July 1, 2015.]
1. Except as otherwise provided in subsection
5, after deducting the amount withheld by the Department and the amount
credited to the Department pursuant to subsection 6 of NRS
482.180, and the amount transferred to the State Highway Fund pursuant to NRS 482.182, the Department shall certify monthly to
the State Board of Examiners the amount of the basic and supplemental
governmental services taxes collected for each county by the Department and its
agents during the preceding month, and that money must be distributed monthly
as provided in this section.
2. Any supplemental governmental services
tax collected for a county must be distributed only to the county, to be used
as provided in NRS 371.043, 371.045 and 371.047.
3. The distribution of the basic
governmental services tax received or collected for each county must be made to
the county school district within each county before any distribution is made
to a local government, special district or enterprise district. For the purpose
of calculating the amount of the basic governmental services tax to be
distributed to the county school district, the taxes levied by each local
government, special district and enterprise district are the product of its
certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established
pursuant to NRS 361.455 for the fiscal
year beginning on July 1, 1980, except that the tax rate for school districts,
including the rate attributable to a district’s debt service, is the rate
established pursuant to NRS 361.455 for
the fiscal year beginning on July 1, 1978, but if the rate attributable to a
district’s debt service in any fiscal year is greater than its rate for the
fiscal year beginning on July 1, 1978, the higher rate must be used to
determine the amount attributable to debt service.
4. After making the distributions set
forth in subsection 3, the remaining money received or collected for each
county must be deposited in the Local Government Tax Distribution Account
created by NRS 360.660 for distribution
to local governments, special districts and enterprise districts within each
county pursuant to the provisions of NRS
360.680 and 360.690.
5. An amount equal to any basic
governmental services tax distributed to a redevelopment agency in the Fiscal
Year 1987-1988 must continue to be distributed to that agency as long as it
exists but must not be increased.
6. The Department shall make distributions
of the basic governmental services tax directly to county school districts.
7. As used in this section:
(a) “Enterprise district” has the meaning
ascribed to it in NRS 360.620.
(b) “Local government” has the meaning ascribed
to it in NRS 360.640.
(c) “Received or collected for each county”
means:
(1) For the basic governmental services
tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for
each county based on the following percentages:
Carson City.................. 1.07
percent Lincoln................... 3.12 percent
Churchill........................ 5.21
percent Lyon....................... 2.90 percent
Clark............................ 22.54
percent Mineral................... 2.40 percent
Douglas......................... 2.52
percent Nye......................... 4.09 percent
Elko............................. 13.31
percent Pershing.................. 7.00 percent
Esmeralda..................... 2.52
percent Storey..................... 0.19 percent
Eureka........................... 3.10
percent Washoe................ 12.24 percent
Humboldt..................... 8.25
percent White Pine............. 5.66 percent
Lander........................... 3.88
percent
(2) For all other basic and supplemental
governmental services tax received or collected by the Department, the amount
attributable to each county based on the county of registration of the vehicle
for which the tax was paid.
(d) “Special district” has the meaning ascribed
to it in NRS 360.650.
(Added to NRS by 1985, 731; A 1987, 1693, 1724; 1989, 1882; 1991, 43; 1995, 180, 2183, 2747; 1997, 604, 1587, 1589, 2565, 2566, 2567, 3301, 3299; 1999, 664, 1216; 2001, 307, 1001; 2001
Special Session, 145, 160; 2003, 18, 1313; 2009, 2080,
2194, 2196; 2013, 2570,
effective July 1, 2015)
NRS 482.182 Governmental services taxes: Transfer of certain amount from
proceeds to State General Fund. [Effective through June 30, 2015.]
1. After deducting the amount withheld by
the Department and the amount credited to the Department pursuant to subsection
6 of NRS 482.180 and before carrying out the
provisions of NRS 482.181 each month, the
Department shall direct the State Controller to transfer to the State General
Fund from the proceeds of the basic governmental services tax collected by the
Department and its agents during the preceding month the amounts indicated
pursuant to this section.
2. Except as otherwise provided in
subsection 3, the amount required to be transferred pursuant to subsection 1
from the proceeds of the basic governmental services tax imposed on vehicles
depreciated in accordance with:
(a) Subsection 1 of NRS 371.060 based upon an age of:
(1) One year, is a sum equal to 11 percent
of those proceeds;
(2) Two years, is a sum equal to 12
percent of those proceeds;
(3) Three years, is a sum equal to 13 percent
of those proceeds;
(4) Four years, is a sum equal to 15
percent of those proceeds;
(5) Five years, is a sum equal to 18
percent of those proceeds;
(6) Six years, is a sum equal to 22
percent of those proceeds;
(7) Seven years, is a sum equal to 29
percent of those proceeds;
(8) Eight years, is a sum equal to 40
percent of those proceeds; and
(9) Nine years or more, is a sum equal to
67 percent of those proceeds; and
(b) Subsection 2 of NRS 371.060 based upon an age of:
(1) One year, is a sum equal to 12 percent
of those proceeds;
(2) Two years, is a sum equal to 14
percent of those proceeds;
(3) Three years, is a sum equal to 18
percent of those proceeds;
(4) Four years, is a sum equal to 21
percent of those proceeds;
(5) Five years, is a sum equal to 26
percent of those proceeds;
(6) Six years, is a sum equal to 30
percent of those proceeds;
(7) Seven years, is a sum equal to 33
percent of those proceeds;
(8) Eight years, is a sum equal to 37
percent of those proceeds;
(9) Nine years, is a sum equal to 40
percent of those proceeds; and
(10) Ten years or more, is a sum equal to
43 percent of those proceeds.
3. The amount required to be transferred
pursuant to subsection 1 from the proceeds of the basic governmental services
tax imposed on vehicles to which the minimum amount of that tax applies
pursuant to paragraph (b) of subsection 3 of NRS
371.060 is a sum equal to 63 percent of those proceeds.
(Added to NRS by 2009, 2193)
NRS 482.182 Governmental services
taxes: Transfer of certain amount from proceeds to State Highway Fund.
[Effective July 1, 2015.]
1. After deducting the amount withheld by
the Department and the amount credited to the Department pursuant to subsection
6 of NRS 482.180 and before carrying out the
provisions of NRS 482.181 each month, the
Department shall direct the State Controller to transfer to the State Highway
Fund from the proceeds of the basic governmental services tax collected by the
Department and its agents during the preceding month the amounts indicated
pursuant to this section.
2. Except as otherwise provided in
subsection 3, the amount required to be transferred pursuant to subsection 1
from the proceeds of the basic governmental services tax imposed on vehicles
depreciated in accordance with:
(a) Subsection 1 of NRS 371.060 based upon an age of:
(1) One year, is a sum equal to 11 percent
of those proceeds;
(2) Two years, is a sum equal to 12
percent of those proceeds;
(3) Three years, is a sum equal to 13 percent
of those proceeds;
(4) Four years, is a sum equal to 15
percent of those proceeds;
(5) Five years, is a sum equal to 18
percent of those proceeds;
(6) Six years, is a sum equal to 22
percent of those proceeds;
(7) Seven years, is a sum equal to 29
percent of those proceeds;
(8) Eight years, is a sum equal to 40
percent of those proceeds; and
(9) Nine years or more, is a sum equal to
67 percent of those proceeds; and
(b) Subsection 2 of NRS 371.060 based upon an age of:
(1) One year, is a sum equal to 12 percent
of those proceeds;
(2) Two years, is a sum equal to 14
percent of those proceeds;
(3) Three years, is a sum equal to 18
percent of those proceeds;
(4) Four years, is a sum equal to 21
percent of those proceeds;
(5) Five years, is a sum equal to 26
percent of those proceeds;
(6) Six years, is a sum equal to 30
percent of those proceeds;
(7) Seven years, is a sum equal to 33
percent of those proceeds;
(8) Eight years, is a sum equal to 37
percent of those proceeds;
(9) Nine years, is a sum equal to 40
percent of those proceeds; and
(10) Ten years or more, is a sum equal to
43 percent of those proceeds.
3. The amount required to be transferred
pursuant to subsection 1 from the proceeds of the basic governmental services
tax imposed on vehicles to which the minimum amount of that tax applies
pursuant to paragraph (b) of subsection 3 of NRS
371.060 is a sum equal to 63 percent of those proceeds.
(Added to NRS by 2009, 2193;
A 2009,
2198; 2013,
2570, effective July 1, 2015)
NRS 482.1825 Contributions for Complete Streets Program: Distribution;
certification of amount collected each month; deduction and withholding by
Department. [Effective on the earlier of October 1, 2015, or the date on which
the Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472,
Statutes of Nevada 2013, at page 2812.]
1. Except as otherwise provided in
subsection 3, any voluntary contributions collected pursuant to subsection 11
of NRS 482.480 must be distributed to each county
based on the county of registration of the vehicle for which the contribution
was made, to be used as provided in NRS
244.2643, 277A.285 or 403.575, as applicable. The Department
shall remit monthly the contributions directly:
(a) In a county in which a regional
transportation commission exists, to the regional transportation commission.
(b) In a county whose population is 100,000 or
more and in which a regional transportation commission does not exist, to the
board of county commissioners.
(c) In a county whose population is less than
100,000 and in which a regional transportation commission does not exist, to
the board of county highway commissioners created pursuant to NRS 403.010.
2. The Department shall certify monthly to
the State Board of Examiners the amount of the voluntary contributions
collected pursuant to subsection 11 of NRS 482.480
for each county by the Department and its agents during the preceding month,
and that the money has been distributed as provided in this section.
3. The Department shall deduct and
withhold 1 percent of the contributions collected pursuant to subsection 1 to
reimburse the Department for its expenses in collecting and distributing the
contributions.
4. As used in this section, “regional
transportation commission” means a regional transportation commission created
and organized in accordance with chapter 277A
of NRS.
(Added to NRS by 2013, 2813,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 482.183 Motor Vehicle Revolving Account: Creation; use; deposits. The Motor Vehicle Revolving Account is hereby
created and must be used for making change in the main and branch offices of
the Department. The State Board of Examiners shall determine the amount of
money to be deposited in the Account, within the limits of money available for
that purpose.
(Added to NRS by 1963, 174; A 1973, 221; 1975, 211; 1979, 112; 1983, 1242; 1987, 1144; 1995, 100; 2001, 380)
NRS 482.186 Certain odometers deemed to register mileage reflected on
odometer plus 100,000 miles. For
the purposes of this chapter, if an odometer that is connected to a motor
vehicle is not capable of registering 100,000 miles or more, the odometer shall
be deemed to register the actual mileage the vehicle has traveled while in
operation.
(Added to NRS by 1997, 2214)
NRS 482.187 Department authorized to enter into written agreements for
periodic payment of delinquent taxes or fees; regulations. The Department may:
1. Enter into written agreements providing
for the periodic payment of delinquent taxes or fees imposed pursuant to this
chapter.
2. Adopt regulations:
(a) Setting forth the permissible terms of those
agreements; and
(b) Providing for the cancellation of such an
agreement if the person with whom the Department has contracted becomes
delinquent in his or her payments pursuant to the agreement or in payment of
other taxes or fees owed to the Department pursuant to the provisions of chapter 365, 366,
371, 373 or
482 of NRS.
(Added to NRS by 1997, 319; A 1999, 1021)
NRS 482.188 Waiver of penalty or interest for failure timely to file return
or pay tax, penalty or fee in certain circumstances.
1. The Department may waive payment of a
penalty or interest for a person’s failure timely to file a return or pay a
tax, penalty or fee imposed by the Department pursuant to this chapter or any
other provision of law, if the Department determines that the failure:
(a) Was caused by circumstances beyond the
person’s control;
(b) Occurred despite the person’s exercise of
ordinary care; and
(c) Was not a result of the person’s willful
neglect.
2. A person requesting relief from payment
of a penalty or interest must file with the Department a sworn statement
specifying the facts supporting the person’s claim for relief.
(Added to NRS by 1997, 318; A 2003, 457)
REGISTRATION; TITLING; REGULAR LICENSE PLATES
NRS 482.205 Registration required for certain vehicles. Except as otherwise provided in this chapter
and NRS 706.188, every owner of a motor
vehicle, trailer or semitrailer intended to be operated upon any highway in
this State shall, before the motor vehicle, trailer or semitrailer can be
operated, apply to the Department or a registered dealer for and obtain the
registration thereof.
[Part 6:202:1931; A 1941, 51; 1949, 511; 1953,
52]—(NRS A 1963, 1276; 1995, 1861; 2009, 390)
NRS 482.206 Periods of registration for vehicles; exceptions.
1. Except as otherwise provided in this
section and NRS 482.2065, every motor vehicle,
except for a motor vehicle that is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and except for a full
trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483, must be registered for a period of 12
consecutive months beginning the day after the first registration by the owner
in this State.
2. Except as otherwise provided in
subsection 7 and NRS 482.2065, every vehicle
registered by an agent of the Department or a registered dealer must be
registered for 12 consecutive months beginning the first day of the month after
the first registration by the owner in this State.
3. Except as otherwise provided in
subsection 7 and NRS 482.2065, a vehicle which
must be registered through the Motor Carrier Division of the Department, or a
motor vehicle which has a declared gross weight in excess of 26,000 pounds,
must be registered for a period of 12 consecutive months beginning on the date
established by the Department by regulation.
4. Upon the application of the owner of a
fleet of vehicles, the Director may permit the owner to register the fleet on
the basis of a calendar year.
5. Except as otherwise provided in
subsections 6 and 7, when the registration of any vehicle is transferred
pursuant to NRS 482.399, the expiration date of
each regular license plate, special license plate or substitute decal must, at
the time of the transfer of registration, be advanced for a period of 12
consecutive months beginning:
(a) The first day of the month after the
transfer, if the vehicle is transferred by an agent of the Department; or
(b) The day after the transfer in all other
cases,
Ê and a credit
on the portion of the fee for registration and the governmental services tax attributable
to the remainder of the current period of registration must be allowed pursuant
to the applicable provisions of NRS 482.399.
6. When the registration of any trailer
that is registered for a 3-year period pursuant to NRS
482.2065 is transferred pursuant to NRS 482.399,
the expiration date of each license plate or substitute decal must, at the time
of the transfer of the registration, be advanced, if applicable pursuant to NRS 482.2065, for a period of 3 consecutive years
beginning:
(a) The first day of the month after the
transfer, if the trailer is transferred by an agent of the Department; or
(b) The day after the transfer in all other
cases,
Ê and a credit
on the portion of the fee for registration and the governmental services tax
attributable to the remainder of the current period of registration must be
allowed pursuant to the applicable provisions of NRS
482.399.
7. A full trailer or semitrailer that is
registered pursuant to subsection 3 of NRS 482.483
is registered until the date the owner of the full trailer or semitrailer:
(a) Transfers the ownership of the full trailer
or semitrailer; or
(b) Cancels the registration of the full trailer
or semitrailer and surrenders the license plates to the Department.
(Added to NRS by 1969, 684; A 1971, 1553; 1973, 260;
1975, 156, 333; 1979,
89; 1983,
1618; 1985,
679; 1989,
1150, 1421;
1993, 1345;
1995, 1861;
1997, 567, 568, 1618; 2001, 308; 2003, 3375; 2007, 54; 2013, 2829)
NRS 482.2065 Alternate 3-year period of registration for trailers; imposition
of governmental services tax; fees.
1. A trailer may be registered for a
3-year period as provided in this section.
2. A person who registers a trailer for a
3-year period must pay upon registration all fees and taxes that would be due
during the 3-year period if he or she registered the trailer for 1 year and
renewed that registration for 2 consecutive years immediately thereafter,
including, without limitation:
(a) Registration fees pursuant to NRS 482.480 and 482.483.
(b) A fee for each license plate issued pursuant
to NRS 482.268.
(c) Fees for the initial issuance and renewal of
a special license plate pursuant to NRS 482.265, if
applicable.
(d) Fees for the initial issuance and renewal of
a personalized prestige license plate pursuant to NRS
482.367, if applicable.
(e) Additional fees for the initial issuance and
renewal of a special license plate issued pursuant to NRS
482.3667 to 482.3823, inclusive, which are
imposed to generate financial support for a particular cause or charitable
organization, if applicable.
(f) Governmental services taxes imposed pursuant
to chapter 371 of NRS, as provided in NRS 482.260.
(g) The applicable taxes imposed pursuant to chapters 372, 374,
377 and 377A
of NRS.
3. As used in this section, the term
“trailer” does not include a full trailer or semitrailer that is registered
pursuant to subsection 3 of NRS 482.483.
(Added to NRS by 2013, 2829)
NRS 482.208 Registration of leased vehicles by long-term lessor or long-term
lessee. Any vehicle which is
leased by a long-term lessor to a long-term lessee having a place of business
or residence in this State, for use on the public highways of this State, is
subject to registration in this State either by the long-term lessor or the
long-term lessee.
(Added to NRS by 1965, 1472; A 1967, 705; 1989, 1422)
NRS 482.209 Department prohibited from charging additional fee for
delinquent or late registration of vehicle owned by deployed member of
military; affidavit required.
1. Notwithstanding any other provision of
law, the Department shall not impose an additional fee against the owner of a
vehicle for the delinquent or late registration of that vehicle if the owner
was a member of the military deployed to a combat or combat supporting position
at the time of the expiration of the prior registration.
2. Evidence that the owner of a vehicle
was a member of the military deployed to a combat or combat supporting position
at a particular time must be furnished by an affidavit executed by a person
having knowledge of the fact. The affidavit must accompany the application for
renewal of registration.
3. As used in this section:
(a) “Additional fee” means any fine, fee,
assessment or other monetary penalty that the Department imposes or collects
solely because a vehicle is registered after the date by which it is ordinarily
required to be registered. The term does not include a fee or tax that would be
due and payable irrespective of the registration of a vehicle being late.
(b) “Military” means the Armed Forces of the
United States, a reserve component thereof or the National Guard.
(Added to NRS by 2011, 296)
NRS 482.210 Exemptions from registration.
1. The provisions of this chapter
requiring the registration of certain vehicles do not apply to:
(a) Special mobile equipment.
(b) Implements of husbandry temporarily drawn,
moved or otherwise propelled upon the highways.
(c) Any mobile home or commercial coach subject
to the provisions of chapter 489 of NRS.
(d) Electric bicycles.
(e) Golf carts which are:
(1) Traveling upon highways properly
designated by the appropriate city or county as permissible for the operation
of golf carts; and
(2) Operating pursuant to a permit issued
pursuant to this chapter.
(f) Mopeds.
(g) Towable tools or equipment as defined in NRS 484D.055.
(h) Any motorized conveyance for a wheelchair,
whose operator is a person with a disability who is unable to walk about.
2. For the purposes of this section,
“motorized conveyance for a wheelchair” means a vehicle which:
(a) Can carry a wheelchair;
(b) Is propelled by an engine which produces not
more than 3 gross brake horsepower, has a displacement of not more than 50
cubic centimeters or produces not more than 2250 watts final output;
(c) Is designed to travel on not more than three
wheels; and
(d) Can reach a speed of not more than 30 miles
per hour on a flat surface with not more than a grade of 1 percent in any
direction.
Ê The term
does not include a tractor.
[Part 6:202:1931; A 1941, 51; 1949, 511; 1953,
52]—(NRS A 1963, 348; 1973, 470; 1975, 1075; 1979, 1223; 1981, 620; 1983, 436; 1991, 2330; 2009, 394)
NRS 482.215 Application for registration. [Effective until the earlier of
October 1, 2015, or the date on which the Director of the Department of Motor
Vehicles notifies the Governor and the Director of the Legislative Counsel
Bureau that sufficient resources are available to enable the Department to
carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.]
1. All applications for registration,
except applications for renewal of registration, must be made as provided in
this section.
2. Except as otherwise provided in NRS 482.294, applications for all registrations,
except renewals of registration, must be made in person, if practicable, to any
office or agent of the Department or to a registered dealer.
3. Each application must be made upon the
appropriate form furnished by the Department and contain:
(a) The signature of the owner, except as
otherwise provided in subsection 2 of NRS 482.294,
if applicable.
(b) The owner’s residential address.
(c) The owner’s declaration of the county where
he or she intends the vehicle to be based, unless the vehicle is deemed to have
no base. The Department shall use this declaration to determine the county to
which the governmental services tax is to be paid.
(d) A brief description of the vehicle to be
registered, including the name of the maker, the engine, identification or
serial number, whether new or used, and the last license number, if known, and
the state in which it was issued, and upon the registration of a new vehicle,
the date of sale by the manufacturer or franchised and licensed dealer in this
State for the make to be registered to the person first purchasing or operating
the vehicle.
(e) Except as otherwise provided in this
paragraph, if the applicant is not an owner of a fleet of vehicles or a person
described in subsection 5:
(1) Proof satisfactory to the Department
or registered dealer that the applicant carries insurance on the vehicle
provided by an insurance company licensed by the Division of Insurance of the
Department of Business and Industry and approved to do business in this State
as required by NRS 485.185; and
(2) A declaration signed by the applicant
that he or she will maintain the insurance required by NRS 485.185 during the period of
registration. If the application is submitted by electronic means pursuant to NRS 482.294, the applicant is not required to sign the
declaration required by this subparagraph.
(f) If the applicant is an owner of a fleet of
vehicles or a person described in subsection 5, evidence of insurance provided
by an insurance company licensed by the Division of Insurance of the Department
of Business and Industry and approved to do business in this State as required
by NRS 485.185:
(1) In the form of a certificate of
insurance on a form approved by the Commissioner of Insurance;
(2) In the form of a card issued pursuant
to NRS 690B.023 which identifies the
vehicle or the registered owner of the vehicle; or
(3) In another form satisfactory to the
Department.
Ê The
Department may file that evidence, return it to the applicant or otherwise
dispose of it.
(g) If required, evidence of the applicant’s
compliance with controls over emission.
4. The application must contain such other
information as is required by the Department or registered dealer and must be
accompanied by proof of ownership satisfactory to the Department.
5. For purposes of the evidence required
by paragraph (f) of subsection 3:
(a) Vehicles which are subject to the fee for a
license and the requirements of registration of the Interstate Highway User Fee
Apportionment Act, and which are based in this State, may be declared as a
fleet by the registered owner thereof on his or her original application for or
application for renewal of a proportional registration. The owner may file a
single certificate of insurance covering that fleet.
(b) Other fleets composed of 10 or more vehicles
based in this State or vehicles insured under a blanket policy which does not
identify individual vehicles may each be declared annually as a fleet by the
registered owner thereof for the purposes of an application for his or her
original or any renewed registration. The owner may file a single certificate
of insurance covering that fleet.
(c) A person who qualifies as a self-insurer
pursuant to the provisions of NRS 485.380
may file a copy of his or her certificate of self-insurance.
(d) A person who qualifies for an operator’s
policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that
insurance.
[Part 6:202:1931; A 1941, 51; 1949, 511; 1953,
52]—(NRS A 1957, 506; 1959, 911; 1960, 126; 1963, 1126; 1973, 399; 1975, 1792; 1977, 923; 1979, 1818; 1981, 1692, 1693; 1983, 1131; 1987, 1084, 2144; 1989, 704, 1871, 1874; 1991, 1989; 1993, 2200, 2480; 1995, 700, 1862, 2729; 1997, 567; 2001, 308, 2780; 2003, 374; 2007, 2043; 2009, 2204;
2013, 1888)
NRS 482.215 Application for
registration. [Effective on the earlier of October 1, 2015, or the date on
which the Director of the Department of Motor Vehicles notifies the Governor
and the Director of the Legislative Counsel Bureau that sufficient resources
are available to enable the Department to carry out the provisions of chapter
472, Statutes of Nevada 2013, at page 2812.]
1. All applications for registration,
except applications for renewal of registration, must be made as provided in
this section.
2. Except as otherwise provided in NRS 482.294, applications for all registrations,
except renewals of registration, must be made in person, if practicable, to any
office or agent of the Department or to a registered dealer.
3. Each application must be made upon the
appropriate form furnished by the Department and contain:
(a) The signature of the owner, except as
otherwise provided in subsection 2 of NRS 482.294,
if applicable.
(b) The owner’s residential address.
(c) The owner’s declaration of the county where
he or she intends the vehicle to be based, unless the vehicle is deemed to have
no base. The Department shall use this declaration to determine the county to
which the governmental services tax is to be paid.
(d) A brief description of the vehicle to be
registered, including the name of the maker, the engine, identification or
serial number, whether new or used, and the last license number, if known, and
the state in which it was issued, and upon the registration of a new vehicle,
the date of sale by the manufacturer or franchised and licensed dealer in this
State for the make to be registered to the person first purchasing or operating
the vehicle.
(e) Except as otherwise provided in this
paragraph, if the applicant is not an owner of a fleet of vehicles or a person
described in subsection 5:
(1) Proof satisfactory to the Department
or registered dealer that the applicant carries insurance on the vehicle
provided by an insurance company licensed by the Division of Insurance of the
Department of Business and Industry and approved to do business in this State
as required by NRS 485.185; and
(2) A declaration signed by the applicant
that he or she will maintain the insurance required by NRS 485.185 during the period of
registration. If the application is submitted by electronic means pursuant to NRS 482.294, the applicant is not required to sign the
declaration required by this subparagraph.
(f) If the applicant is an owner of a fleet of
vehicles or a person described in subsection 5, evidence of insurance provided
by an insurance company licensed by the Division of Insurance of the Department
of Business and Industry and approved to do business in this State as required
by NRS 485.185:
(1) In the form of a certificate of
insurance on a form approved by the Commissioner of Insurance;
(2) In the form of a card issued pursuant
to NRS 690B.023 which identifies the
vehicle or the registered owner of the vehicle; or
(3) In another form satisfactory to the
Department.
Ê The
Department may file that evidence, return it to the applicant or otherwise
dispose of it.
(g) If required, evidence of the applicant’s
compliance with controls over emission.
(h) If the application for registration is
submitted via the Internet, a statement which informs the applicant that he or
she may make a nonrefundable monetary contribution of $2 for each vehicle
registered for the Complete Streets Program, if any, created pursuant to NRS 244.2643, 277A.285 or 403.575, as applicable, based on the
declaration made pursuant to paragraph (c). The application form must state in
a clear and conspicuous manner that a contribution for a Complete Streets
Program is nonrefundable and voluntary and is in addition to any fees required
for registration, and must include a method by which the applicant must
indicate his or her intention to opt in or opt out of making such a
contribution.
4. The application must contain such other
information as is required by the Department or registered dealer and must be
accompanied by proof of ownership satisfactory to the Department.
5. For purposes of the evidence required
by paragraph (f) of subsection 3:
(a) Vehicles which are subject to the fee for a
license and the requirements of registration of the Interstate Highway User Fee
Apportionment Act, and which are based in this State, may be declared as a
fleet by the registered owner thereof on his or her original application for or
application for renewal of a proportional registration. The owner may file a
single certificate of insurance covering that fleet.
(b) Other fleets composed of 10 or more vehicles
based in this State or vehicles insured under a blanket policy which does not
identify individual vehicles may each be declared annually as a fleet by the
registered owner thereof for the purposes of an application for his or her
original or any renewed registration. The owner may file a single certificate
of insurance covering that fleet.
(c) A person who qualifies as a self-insurer
pursuant to the provisions of NRS 485.380
may file a copy of his or her certificate of self-insurance.
(d) A person who qualifies for an operator’s
policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that
insurance.
[Part 6:202:1931; A 1941, 51; 1949, 511; 1953,
52]—(NRS A 1957, 506; 1959, 911; 1960, 126; 1963, 1126; 1973, 399; 1975, 1792; 1977, 923; 1979, 1818; 1981, 1692, 1693; 1983, 1131; 1987, 1084, 2144; 1989, 704, 1871, 1874; 1991, 1989; 1993, 2200, 2480; 1995, 700, 1862, 2729; 1997, 567; 2001, 308, 2780; 2003, 374; 2007, 2043; 2009, 2204;
2013, 1888,
2813,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 482.216 Department may authorize new vehicle dealer to accept
applications for registration and transfer of registration of new motor
vehicles and to issue certificates of registration; duties of dealer;
prohibited acts; regulations.
1. Upon the request of a new vehicle
dealer, the Department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the
new motor vehicles he or she sells and the related fees and taxes;
(b) Issue certificates of registration to
applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of
registration pursuant to NRS 482.399 if the
applicant purchased from the new vehicle dealer a new vehicle to which the
registration is to be transferred.
2. A new vehicle dealer who is authorized
to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications received to the
Department within the period prescribed by the Department;
(b) Transmit the fees collected from the
applicants and properly account for them within the period prescribed by the
Department;
(c) Comply with the regulations adopted pursuant
to subsection 4; and
(d) Bear any cost of equipment which is necessary
to issue certificates of registration, including any computer hardware or
software.
3. A new vehicle dealer who is authorized
to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance
of those services;
(b) Receive compensation from the Department for
the performance of those services;
(c) Accept applications for the renewal of
registration of a motor vehicle; or
(d) Accept an application for the registration of
a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant
to NRS 482.3667 to 482.3823,
inclusive; or
(2) Claim the exemption from the
governmental services tax provided pursuant to NRS 361.1565 to veterans and their
relations.
4. The Director shall adopt such
regulations as are necessary to carry out the provisions of this section. The
regulations adopted pursuant to this subsection must provide for:
(a) The expedient and secure issuance of license
plates and decals by the Department; and
(b) The withdrawal of the authority granted to a
new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with
the regulations adopted by the Department.
(Added to NRS by 1995, 1860; A 1997, 173, 1359, 1548, 3052; 1999, 1166; 2001, 309, 578, 585, 1467, 1509, 1675, 1677, 1860; 2003, 89, 92, 361, 3068, 3347; 2007, 573; 2009, 492; 2011, 1791;
2013, 555,
2547)
NRS 482.217 Department authorized to enter into agreement with certain motor
carriers and service providers to register, transfer or renew registration of
vehicles; conditions of such agreement; regulations.
1. Upon the request of a motor carrier or
a service provider, the Department may enter into an agreement with the motor
carrier or service provider which authorizes the motor carrier or service
provider:
(a) Without applying to the Department, to
register or transfer or renew the registration of any vehicle:
(1) Owned solely by the motor carrier or
service provider; or
(2) Leased solely by the motor carrier or
service provider, if the lease is a long-term lease; and
(b) To issue registration credentials on behalf
of the Motor Carrier Division of the Department for any vehicle registered
pursuant to paragraph (a) and for any vehicle with a registration that has been
renewed or transferred pursuant to paragraph (a).
2. Before registering or transferring or
renewing the registration of any vehicle pursuant to subsection 1:
(a) A motor carrier who enters into an agreement
with the Department pursuant to this section shall file with the Department a
bond of a surety company authorized to transact business in this State for the
benefit of this State in an amount not less than $25,000; and
(b) A service provider who enters into an
agreement with the Department pursuant to this section shall file with the
Department a bond of a surety company authorized to transact business in this
State for the benefit of this State in an amount not less than $50,000.
3. If a motor carrier or service provider
provides a savings certificate, certificate of deposit or investment
certificate pursuant to NRS 100.065 in
lieu of the bond required pursuant to subsection 2, the certificate must state
that the amount is not available for withdrawal except upon the approval of the
Director.
4. If at any time a motor carrier or
service provider is unable to account for an unissued license plate or decal,
the motor carrier or service provider must immediately pay to the Department an
amount established by the Department.
5. The Director shall adopt such
regulations as are necessary to carry out the provisions of this section.
6. As used in this section:
(a) “Long-term lease” means a lease for a fixed
period of more than 31 days.
(b) “Motor carrier” means a common, contract or
private motor carrier registered through the Motor Carrier Division of the
Department.
(c) “Registration credentials” includes, without
limitation, license plates, registration cab cards, decals and temporary
authority permits.
(d) “Service provider” means a business or
organization authorized by the Department to register or transfer or renew the
registration of vehicles on behalf of motor carriers.
(Added to NRS by 2009, 389)
NRS 482.218 Owners of certain motortrucks, truck-tractors and buses required
to maintain certain books, papers and records; penalty for failure to comply.
1. Any person who is the owner of a
vehicle described in subsection 1 of NRS 482.482
shall maintain books, papers and records as required by the Department for the
36 months following the year for which the vehicle is registered. The books,
papers and records must be made available for inspection by the Department
during normal business hours.
2. For any person who fails to maintain
books, papers or records as required pursuant to subsection 1, the Department
may:
(a) Revoke or refuse to grant the authority to
register or transfer or renew registrations granted pursuant to NRS 482.217; and
(b) Revoke any license of the person issued by
the Department pursuant to this chapter.
(Added to NRS by 2009, 390)
NRS 482.220 Application for registration of specially constructed,
reconstructed, rebuilt or foreign vehicle; certificate of inspection; charge
for inspection.
1. If the vehicle to be registered is a
specially constructed, reconstructed, rebuilt or foreign vehicle, that fact
must be stated in the application. If the vehicle is a foreign vehicle which
has been registered theretofore outside of this State, the owner shall exhibit
to the Department the certificate of title and registration card or other
evidence of such former registration as may be in the applicant’s possession or
control or such other evidence as will satisfy the Department that the
applicant is the lawful owner or possessor of the vehicle.
2. The application must be accompanied by
a motor vehicle inspection certificate signed by a representative of the
Department or, as one of the Department’s authorized agents, by:
(a) A peace officer;
(b) A dealer;
(c) A rebuilder;
(d) An automobile wrecker; or
(e) A garage operator or a service station
operator or attendant, so designated in writing by the Director.
3. Except for a peace officer acting in
his or her official capacity, the Department or any of its authorized
inspection agents shall charge the fee imposed by the Department by regulation
for inspection of any vehicle described in subsection 1.
4. For the purposes of this section,
“peace officer” means any employee, volunteer or designee of a law enforcement
agency acting in an official capacity.
[Part 6:202:1931; A 1941, 51; 1949, 511; 1953,
52]—(NRS A 1960, 127; 1963, 136; 1973, 140; 2005, 1241; 2007, 3202; 2010, 26th
Special Session, 46)
NRS 482.223 Application for title for rebuilt, reconstructed or specially
constructed vehicle; inspection; certificate of inspection; affidavit.
1. Before an application for a title for a
rebuilt, reconstructed or specially constructed vehicle may be submitted, the
vehicle must be inspected and a certificate of inspection must be completed on
a form prescribed by the Department which attests that:
(a) The work performed on the vehicle meets the
standards of the manufacturer for mechanical fitness and safety;
(b) The vehicle has been repaired to the
standards of the manufacturer; and
(c) Any safety equipment, including, without
limitation, occupant restraint devices, which was present in the vehicle at the
time the vehicle was manufactured is present and operational to the standards
of the manufacturer.
2. An application for a title for a
rebuilt, reconstructed or specially constructed vehicle must include an
affidavit which states that the vehicle:
(a) Has been inspected pursuant to subsection 1;
(b) Is in a condition to be operated safely on
the highways of this State; and
(c) Has all safety equipment required by the
manufacturer.
3. Any of the following persons may
complete the inspection and sign the certificate of inspection and the
affidavit required by subsections 1 and 2:
(a) A garage operator who operates a garage that
is registered pursuant to NRS 487.560;
(b) The owner of a body shop licensed pursuant to
NRS 487.630;
(c) A rebuilder licensed pursuant to NRS 482.325; or
(d) Any employee of a garage operator, owner of a
body shop or rebuilder who is authorized by his or her employer to inspect the
vehicle and attest that the repairs have been completed in accordance with the
standards of the manufacturer.
(Added to NRS by 2007, 3199)
NRS 482.224 Replica vehicles: Limitation on number of vehicles for which
Department may issue certificate of registration; application for registration
to state certain facts.
1. The Department may not issue a
certificate of registration for more than 100 replica vehicles each year. The
fact that the vehicle is to be registered as a replica vehicle must be stated
in the application for registration.
2. For purposes of this section, “replica
vehicle” has the meaning ascribed to it in NRS
445B.759.
(Added to NRS by 2007, 1243)
NRS 482.225 Collection of sales or use tax upon application for registration
of certain vehicles purchased outside this State; payment of all applicable
taxes and fees required for registration; refund of tax erroneously or
illegally collected.
1. When application is made to the
Department for registration of a vehicle purchased outside this State and not
previously registered within this State where the registrant or owner at the
time of purchase was not a resident of or employed in this State, the
Department or its agent shall determine and collect any sales or use tax due
and shall remit the tax to the Department of Taxation except as otherwise
provided in NRS 482.260.
2. If the registrant or owner of the
vehicle was a resident of the State, or employed within the State, at the time
of the purchase of that vehicle, it is presumed that the vehicle was purchased
for use within the State and the representative or agent of the Department of
Taxation shall collect the tax and remit it to the Department of Taxation.
3. Until all applicable taxes and fees are
collected, the Department shall refuse to register the vehicle.
4. In any county whose population is less
than 55,000, the Department shall designate the county assessor as the agent of
the Department for the collection of any sales or use tax.
5. If the registrant or owner desires to
refute the presumption stated in subsection 2 that he or she purchased the
vehicle for use in this State, the registrant or owner must pay the tax to the
Department and then may submit a claim for exemption in writing, signed by the
registrant or owner or his or her authorized representative, to the Department
together with a claim for refund of tax erroneously or illegally collected.
6. If the Department finds that the tax
has been erroneously or illegally collected, the tax must be refunded.
[7.6:202:1931; added 1955, 542]—(NRS A 1957, 471;
1959, 911; 1965, 1008; 1969, 1544; 1973, 38; 1975, 1746; 1979, 554; 1981, 243; 1983, 2064; 1985, 1936; 1989, 1930; 2001, 1994; 2003, 2388; 2011, 1288)
NRS 482.230 Grounds requiring refusal of registration. The Department or a registered dealer shall
not grant an application for the registration of a vehicle in any of the
following events:
1. When the applicant therefor is not
entitled thereto pursuant to the provisions of this chapter.
2. When the applicant has neglected or
refused to furnish the Department or registered dealer with the information
required in the appropriate official form or reasonable additional information
required by the Department or registered dealer.
3. When the fees required therefor by law
have not been paid.
[22:202:1931; 1931 NCL § 4435.21]—(NRS A 1995, 1863)
NRS 482.231 Refusal of registration if local authority has filed notice of
nonpayment of certain fee charged by constable; exceptions.
1. Except as otherwise provided in
subsection 3, the Department shall not register a motor vehicle if a local
authority has filed with the Department a notice stating that the owner of the
motor vehicle:
(a) Was cited by a constable pursuant to
subsection 3 of NRS 258.070 for failure
to comply with the provisions of NRS 482.385; and
(b) Has failed to pay the fee charged by the
constable pursuant to subsection 3 of NRS
258.070.
2. The Department shall, upon request,
furnish to the owner of the motor vehicle a copy of the notice of nonpayment
described in subsection 1.
3. The Department may register a motor
vehicle for which the Department has received a notice of nonpayment described
in subsection 1 if:
(a) The Department receives:
(1) A receipt from the owner of the motor
vehicle which indicates that the owner has paid the fee charged by the
constable; or
(2) Notification from the applicable local
authority that the owner of the motor vehicle has paid the fee charged by the
constable; and
(b) The owner of the motor vehicle otherwise
complies with the requirements of this chapter for the registration of the
motor vehicle.
(Added to NRS by 2011, 1588;
A 2013,
2949)
NRS 482.235 Registration indexes and records; assignment of registration
number by registered dealer.
1. The Department shall file each
application received and register the vehicle therein described and the owner
thereof in suitable books or on index cards as follows:
(a) Under a distinctive registration number
assigned to the vehicle and to the owner thereof, referred to in this chapter
as the registration number.
(b) Alphabetically under the name of the owner.
(c) Numerically under the serial or vehicle
identification number of the vehicle or a permanent identifying number, as may
be determined by the Department.
2. A registered dealer who registers a
vehicle shall assign a registration number for that vehicle according to a list
of registration numbers issued by the Department for use by that dealer.
[9:202:1931; A 1949, 511; 1943 NCL § 4435.08]—(NRS A
1973, 65; 1987,
1086; 1995,
1863; 2003,
457)
NRS 482.240 Issuance of certificates of registration and title by Department
or registered dealer; period of validity of certificate.
1. Upon the registration of a vehicle, the
Department or a registered dealer shall issue a certificate of registration to
the owner.
2. When an applicant for registration or
transfer of registration is unable, for any reason, to submit to the Department
in support of the application for registration, or transfer of registration,
such documentary evidence of legal ownership as, in the opinion of the
Department, is sufficient to establish the legal ownership of the vehicle
concerned in the application for registration or transfer of registration, the
Department may issue to the applicant only a certificate of registration.
3. The Department may, upon proof of
ownership satisfactory to it, issue a certificate of title before the
registration of the vehicle concerned. The certificate of registration issued
pursuant to this chapter is valid only during the registration period or
calendar year for which it is issued, and a certificate of title is valid until
cancelled by the Department upon the transfer of interest therein.
[Part 10:202:1931; A 1947, 453; 1943 NCL §
4435.09]—(NRS A 1960, 127; 1963, 559; 1965, 1473; 1967, 131; 1969, 684; 1995, 1864; 2003, 458)
NRS 482.245 Contents of certificates of registration and title.
1. The certificate of registration must
contain upon the face thereof the date issued, the registration number assigned
to the vehicle, the name and address of the registered owner, the county where
the vehicle is to be based unless it is deemed to have no base, a description
of the registered vehicle and such other statement of facts as may be
determined by the Department.
2. The certificate of title must contain
upon the face thereof the date issued, the name and address of the registered
owner and the owner or lienholder, if any, a description of the vehicle, any
entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicle’s
odometer as provided to the Department by the person making the sale or
transfer, the word “rebuilt” if it is a rebuilt vehicle, the information
required pursuant to subsection 4 of NRS 482.247 if
the certificate of title is a certificate of title in beneficiary form pursuant
to NRS 482.247 and such other statement of facts as
may be determined by the Department. The reverse side of the certificate of
title must contain forms for notice to the Department of a transfer of the
title or interest of the owner or lienholder and application for registration
by the transferee. If a new certificate of title is issued for a vehicle, it
must contain the same information as the replaced certificate, except to the
extent that the information has changed after the issuance of the replaced
certificate. Except as otherwise required by federal law, the certificate of
title of a vehicle which the Department knows to have been stolen must not
contain any statement or other indication that the mileage specified in the
certificate or registered on the odometer is anything other than the actual
mileage traveled by the vehicle, in the absence of proof that the odometer of
the vehicle has been disconnected, reset or altered.
[Part 10:202:1931; A 1947, 453; 1943 NCL § 4435.09]—(NRS
A 1965, 1473; 1967, 132; 1973, 400; 1975, 1071; 1985, 659; 1987, 1086, 1592; 1999, 1919; 2003, 458; 2007, 988)
NRS 482.247 Certificate of title in beneficiary form: Request; application;
fee; restriction upon issuance; contents; signatures and transactions;
interest; duties of Department.
1. The owner or joint owners of a motor
vehicle, trailer or semitrailer may request the Department to issue a
certificate of title in beneficiary form for the motor vehicle, trailer or
semitrailer, as applicable, which includes a directive to the Department to
transfer the certificate of title upon the death of the owner or upon the death
of all joint owners to a beneficiary named on the face of the certificate of title.
2. A request made pursuant to subsection 1
must be submitted on an application made available by the Department and
accompanied by the fee for the issuance of a certificate of title.
3. A certificate of title in beneficiary
form may not be issued to a person who holds an interest in a motor vehicle,
trailer or semitrailer as a tenant in common with another person.
4. A certificate of title in beneficiary
form must include after the name of the owner or after the names of joint
owners the words “transfer on death to” or the abbreviation “TOD” followed by
the name of the beneficiary.
5. During the lifetime of a sole owner or
before the death of the last surviving joint owner:
(a) The signature or consent of the beneficiary
is not required for any transaction relating to a motor vehicle, trailer or
semitrailer for which a certificate of title in beneficiary form has been
issued; and
(b) The certificate of title in beneficiary form
may be revoked or the beneficiary changed at any time by:
(1) Sale of the motor vehicle, trailer or
semitrailer with proper assignment and delivery of the certificate of title to
another person; or
(2) Filing an application with, and paying
a fee to, the Department to reissue the certificate of title with no
designation of a beneficiary or with the designation of a different
beneficiary.
6. The interest of the beneficiary in a
motor vehicle, trailer or semitrailer on the death of the sole owner or on the
death of the last surviving joint owner is subject to any contract of sale,
assignment or ownership or security interest to which the owner or owners of
the motor vehicle, trailer or semitrailer were subject during their lifetime.
7. Except as otherwise provided in
paragraph (b) of subsection 5, the designation of a beneficiary in a
certificate of title in beneficiary form may not be changed or revoked by will,
any other instrument or a change in circumstances, or otherwise changed or
revoked.
8. The Department shall, upon:
(a) Proof of death of one of the owners, of two or
more joint owners or of a sole owner;
(b) Surrender of the outstanding certificate of
title in beneficiary form; and
(c) Application and payment of the fee for a
certificate of title,
Ê issue a new
certificate of title for the motor vehicle, trailer or semitrailer to the
surviving owner or owners or, if none, to the beneficiary, subject to any
security interest.
9. For the purposes of complying with the
provisions of subsection 8, the Department may rely on a death certificate,
record or report that constitutes prima facie evidence of death.
10. The transfer on death of a motor
vehicle, trailer or semitrailer pursuant to this section is not considered as
testamentary and is not subject to administration pursuant to the provisions of
title 12 of NRS.
11. As used in this section:
(a) “Beneficiary” means a person or persons
designated to become the owner or owners of a motor vehicle, trailer or
semitrailer on the death of the preceding owner or owners.
(b) “Certificate of title in beneficiary form” means
a certificate of title of a motor vehicle, trailer or semitrailer that
indicates the present owner or owners of the motor vehicle, trailer or
semitrailer and designates a beneficiary.
(Added to NRS by 2007, 987)
NRS 482.255 Placement of certificate of registration; surrender upon demand
of certain persons; limitation on conviction.
1. Upon receipt of a certificate of
registration, the owner shall place it or a legible copy in the vehicle for
which it is issued and keep it in the vehicle. If the vehicle is a motorcycle,
trailer or semitrailer, the owner shall carry the certificate in the tool bag
or other convenient receptacle attached to the vehicle.
2. The owner or operator of a motor
vehicle shall, upon demand, surrender the certificate of registration or the
copy for examination to any peace officer, including a constable of the
township in which the motor vehicle is located or a justice of the peace or a
deputy of the Department.
3. No person charged with violating this
section may be convicted if the person produces in court a certificate of
registration which was previously issued to him or her and was valid at the
time of the demand.
[Part 10:202:1931; A 1947, 453; 1943 NCL §
4435.09]—(NRS A 1969, 139; 1983, 1030; 2009, 3014;
2013, 2950)
NRS 482.260 Duties of Department and its agents relative to registration of
vehicle; issuance of certificate of title; fees and taxes.
1. When registering a vehicle, the
Department and its agents or a registered dealer shall:
(a) Collect the fees for license plates and
registration as provided for in this chapter.
(b) Collect the governmental services tax on the
vehicle, as agent for the State and for the county where the applicant intends
to base the vehicle for the period of registration, unless the vehicle is
deemed to have no base.
(c) Collect the applicable taxes imposed pursuant
to chapters 372, 374,
377 and 377A
of NRS.
(d) Issue a certificate of registration.
(e) If the registration is performed by the
Department, issue the regular license plate or plates.
(f) If the registration is performed by a
registered dealer, provide information to the owner regarding the manner in
which the regular license plate or plates will be made available to the owner.
2. Upon proof of ownership satisfactory to
the Director, the Director shall cause to be issued a certificate of title as
provided in this chapter.
3. Except as otherwise provided in NRS 371.070 and subsections 6 and 7, every
vehicle being registered for the first time in Nevada must be taxed for the
purposes of the governmental services tax for a 12-month period.
4. The Department shall deduct and
withhold 2 percent of the taxes collected pursuant to paragraph (c) of
subsection 1 and remit the remainder to the Department of Taxation.
5. A registered dealer shall forward all
fees and taxes collected for the registration of vehicles to the Department.
6. A trailer being registered pursuant to NRS 482.2065 must be taxed for the purposes of the
governmental services tax for a 3-year period.
7. A full trailer or semitrailer being
registered pursuant to subsection 3 of NRS 482.483
must be taxed for the purposes of the governmental services tax in the amount
of $86. The governmental services tax paid pursuant to this subsection is
nontransferable and nonrefundable.
[11:202:1931; A 1945, 151; 1949, 480; 1953, 280;
1954, 43]—(NRS A 1959, 912; 1960, 100; 1961, 129; 1963, 1126; 1969, 684; 1973,
70, 400; 1975, 156, 334; 1983, 1619, 2065; 1995, 1864; 2001, 310; 2003, 459, 3376; 2007, 3203; 2009, 2197;
2013, 2830)
NRS 482.265 License plates issued upon registration; stickers, tabs or other
devices issued upon renewal of registration; return of plates; fee for and
limitations on issuance of special license plates.
1. The Department shall furnish to every
owner whose vehicle is registered two license plates for a motor vehicle other
than a motorcycle and one license plate for all other vehicles required to be
registered hereunder. Upon renewal of registration, the Department may issue
one or more license plate stickers, tabs or other suitable devices in lieu of
new license plates.
2. The Director shall have the authority
to require the return to the Department of all number plates upon termination
of the lawful use thereof by the owner under this chapter.
3. Except as otherwise specifically
provided by statute, for the issuance of each special license plate authorized
pursuant to this chapter:
(a) The fee to be received by the Department for
the initial issuance of the special license plate is $35, exclusive of any
additional fee which may be added to generate funds for a particular cause or
charitable organization;
(b) The fee to be received by the Department for
the renewal of the special license plate is $10, exclusive of any additional
fee which may be added to generate financial support for a particular cause or
charitable organization; and
(c) The Department shall not design, prepare or
issue a special license plate unless, within 4 years after the date on which
the measure authorizing the issuance becomes effective, it receives at least
250 applications for the issuance of that plate.
4. The provisions of subsection 3 do not
apply to NRS 482.37901.
[Part 12:202:1931; A 1949, 45; 1953, 106; 1955,
582]—(NRS A 1959, 862; 1961, 129; 1963, 224, 1126; 1997, 2996; 2009, 395; 2013, 2548)
NRS 482.2655 Department not to issue special license plates for certain older
motor vehicles within 90 days after failed emissions test.
1. If, with respect to a motor vehicle
that is required to comply with the provisions of NRS 445B.700 to 445B.815, inclusive, and the regulations
adopted pursuant thereto, an authorized inspection station or authorized
station tests the emissions from the motor vehicle and the motor vehicle fails
the emissions test, the Department shall not issue a special license plate for
that vehicle pursuant to NRS 482.381, 482.3812, 482.3814 or 482.3816 for a period of 90 days after the motor
vehicle fails the emissions test.
2. 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) “Fails the emissions test” means that a motor
vehicle does not comply with the applicable provisions of NRS 445B.700 to 445B.815, inclusive, and the regulations
adopted pursuant thereto.
(Added to NRS by 2011, 1526)
NRS 482.266 Manufacture of license plates substantially similar to license
plates issued before January 1, 1982: Written request; fee; delivery; duties of
Department; retention of old plates authorized if requested plates contain same
letters and numbers.
1. A person who desires to have regular or
personalized license plates that are substantially in the same color and form
as license plates manufactured before January 1, 1982, must:
(a) Submit a written request for such license
plates to the Department in a manner and form prescribed by the Department; and
(b) In addition to all other applicable
registration fees, licensing fees and governmental services taxes, pay the
manufacturing fee prescribed by the Department.
Ê A person
requesting license plates pursuant to this section must comply with all
requirements for registration and licensing pursuant to this chapter. A request
for license plates pursuant to this section does not, by itself, constitute a
request for special license plates pursuant to subsection 3 of NRS 482.265.
2. After receiving a request and the full
amount of the payment due for license plates requested pursuant to subsection
1, the Department shall manufacture the license plates using substantially the
same process, dies and materials as were used to manufacture license plates
before January 1, 1982. The Department shall deliver license plates requested
pursuant to this section to a person who requests such license plates within
180 days after acceptance of the written request or after receipt of payment
therefor, whichever occurs last.
3. The Department shall:
(a) Prescribe, by regulation, a manner and form
for submitting a written request pursuant to subsection 1. The form must
include, without limitation, an indication of whether the requester desires to
have the same letters and numbers on the license plates requested as are on the
license plates that are registered to the requester at the time of the request.
(b) Determine the cost of manufacturing a license
plate pursuant to this section and prescribe a manufacturing fee, which must
not exceed $25, to defray the cost of manufacturing license plates pursuant to
this section. The manufacturing fee must be:
(1) Collected by the Department;
(2) Deposited with the State Treasurer to
the credit of the State Highway Fund; and
(3) Allocated to the Revolving Account for
the Issuance of Special License Plates created pursuant to NRS 482.1805 to defray the costs of manufacturing
license plates pursuant to this section.
4. A person who requests license plates
pursuant to this section may keep the license plates which are registered to
him or her at the time of the request if the license plates requested contain
the same letters and numbers as the license plates which are registered to the
person at the time of the request.
(Added to NRS by 1997, 1502; A 1999, 766, 767, 3328; 2001, 311; 2009, 1029)
NRS 482.267 License plates: Production at facility of Department of
Corrections. The Director shall
utilize the facility for the production of license plates which is located at
the Department of Corrections to produce all license plates required by the Department
of Motor Vehicles.
(Added to NRS by 1987, 1022; A 2001, 2547; 2001
Special Session, 244; 2003, 289)
NRS 482.268 License plates: Additional fee for issuance; creation of License
Plate Production Account; uses; deposit of fee into Account.
1. In addition to any other applicable
fee, there must be paid to the Department for each license plate issued for a motor
vehicle, trailer or semitrailer, to defray the cost of producing the license
plate:
(a) A fee of 50 cents which must be deposited
with the State Treasurer for credit to the Fund for Prison Industries; and
(b) Such fee as may be determined by regulation
of the Department, which must be deposited with the State Treasurer for credit
to the License Plate Production Account.
2. The License Plate Production Account is
hereby created in the State Highway Fund. The Account is a continuing account
without reversion. Interest and income earned on money in the Account must be
credited to the Account. The money in the Account must be used only to defray
the cost of producing license plates, as described in subsection 1.
(Added to NRS by 1987, 1022; A 2013, 2528)
NRS 482.270 License plates: General specifications; redesign; configuration
of special license plates designed, prepared and issued pursuant to process of
direct application and petition.
1. Except as otherwise provided in this
section or by specific statute, the Director shall order the redesign and
preparation of motor vehicle license plates.
2. Except as otherwise provided in
subsection 3, the Department shall, upon the payment of all applicable fees,
issue redesigned motor vehicle license plates pursuant to this section to
persons who apply for the registration or renewal of the registration of a
motor vehicle on or after January 1, 2001.
3. The Department shall not issue
redesigned motor vehicle license plates pursuant to this section to a person who
was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378, 482.379 or 482.37901,
without the approval of the person.
4. The Director may determine and vary the
size, shape and form and the material of which license plates are made, but
each license plate must be of sufficient size to be plainly readable from a
distance of 100 feet during daylight. All license plates must be treated to
reflect light and to be at least 100 times brighter than conventional painted
number plates. When properly mounted on an unlighted vehicle, the license
plates, when viewed from a vehicle equipped with standard headlights, must be
visible for a distance of not less than 1,500 feet and readable for a distance
of not less than 110 feet.
5. Every license plate must have displayed
upon it:
(a) The registration number, or combination of
letters and numbers, assigned to the vehicle and to the owner thereof;
(b) The name of this State, which may be
abbreviated;
(c) If issued for a calendar year, the year; and
(d) If issued for a registration period other
than a calendar year, the month and year the registration expires.
6. Each special license plate that is
designed, prepared and issued pursuant to NRS 482.367002
must be designed and prepared in such a manner that:
(a) The left-hand one-third of the plate is the
only part of the plate on which is displayed any design or other insignia that
is suggested pursuant to paragraph (f) of subsection 2 of that section; and
(b) The remainder of the plate conforms to the
requirements for lettering and design that are set forth in this section.
[Part 12:202:1931; A 1949, 45; 1953, 106; 1955, 582]
+ [1:131:1943; 1943 NCL § 4443.01] + [1:319:1953]—(NRS A 1960, 128; 1961, 130,
419; 1965, 1337; 1969, 340, 685, 1048; 1971, 51; 1973, 864; 1975, 698; 1977, 356, 1008; 1979, 94; 1981, 1550; 1989, 1151; 1991, 134; 1993, 1345, 1387; 1995, 568, 1659, 1664, 1665, 1668; 1997, 137, 174, 539, 1360, 1502, 1549, 2977, 2997, 3003, 3005, 3053; 1999, 455, 456, 2566; 2003, 3068; 2007, 322; 2013, 1474,
2548)
NRS 482.2703 License plates: Samples; form; fee; penalty.
1. The Director may order the preparation
of sample license plates which must be of the same design and size as regular
license plates or license plates issued pursuant to NRS
482.384. The Director shall ensure that:
(a) Each license plate issued pursuant to this
subsection, regardless of its design, is inscribed with the word SAMPLE and an
identical designation which consists of the same group of three numerals
followed by the same group of three letters; and
(b) The designation of numerals and letters
assigned pursuant to paragraph (a) is not assigned to a vehicle registered
pursuant to this chapter or chapter 706 of
NRS.
2. The Director may order the preparation
of sample license plates which must be of the same design and size as any of
the special license plates issued pursuant to NRS
482.3667 to 482.3823, inclusive. The Director
shall ensure that:
(a) Each license plate issued pursuant to this
subsection, regardless of its design, is inscribed with the word SAMPLE and the
number zero in the location where any other numerals would normally be
displayed on a license plate of that design; and
(b) The number assigned pursuant to paragraph (a)
is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
3. The Director may establish a fee for
the issuance of sample license plates of not more than $15 for each license
plate.
4. A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate
issued pursuant to this section.
5. All money collected from the issuance
of sample license plates must be deposited in the State Treasury for credit to
the Motor Vehicle Fund.
6. A person shall not affix a sample
license plate issued pursuant to this section to a vehicle. A person who
violates the provisions of this subsection is guilty of a misdemeanor.
(Added to NRS by 1995, 341; A 1997, 174, 1360, 1550, 2823, 3053; 1999, 157; 2007, 574)
NRS 482.2705 License plates: Passenger cars and trucks; duties of Director.
1. The Director shall order the
preparation of vehicle license plates for passenger cars and trucks in the same
manner as is provided for motor vehicles generally in NRS
482.270.
2. Except as otherwise provided by
specific statute, the Director shall determine the combinations of letters and
numbers which constitute the designations for license plates assigned to
passenger cars and trucks.
3. Any license plate issued for a passenger
car or truck before January 1, 1982, bearing a designation which is not in
conformance with the system described in subsection 2 is valid during the
period for which the plate was originally issued as well as during any
extensions by stickers.
(Added to NRS by 1981, 1549; A 1983, 1229; 1989, 1151; 1993, 1346, 2600; 1995, 715; 2007, 323; 2013, 2831)
NRS 482.271 License plates: Decals; fees.
1. The Director shall order the
preparation of decals which are adhesive strips treated to reflect light and
designed to fit in the spaces reserved for the names of counties on vehicle
license plates for passenger cars and trucks. Each decal must display the name
of a county in prominent block lettering.
2. The decals described in subsection 1
may be purchased for display on license plates in the spaces reserved for them.
They must be available for purchase upon request, in person or by mail, in
every office where motor vehicle license plates may be purchased.
3. The fee for a decal is $0.50, which
must be deposited with the State Treasurer for credit to the Motor Vehicle Fund
and allocated to the Department to defray the cost of manufacturing the decals.
(Added to NRS by 1981, 1549; A 1983, 1229; 1989, 1615)
NRS 482.2715 License plates: Registrant entitled to maintain code if
continuously renewed; exceptions; issuance of replacement plates with same code
after expiration of registration; fee.
1. Unless the vehicle license plate is:
(a) A special plate which the registrant is no
longer eligible to display; or
(b) A personalized plate, the code of which
denotes that the registrant holds a public office which the registrant no
longer holds,
Ê if a
certificate of registration and vehicle license plate with a particular code
are continuously renewed, the registrant is entitled to maintain that code as
long as the registrant desires to do so.
2. When any certificate of registration
and vehicle license plate expires and remains expired for a continuous period
longer than 18 months, the Department may issue, without notice to the previous
registrant, replacement plates which bear the same codes. An applicant for such
replacement plates must pay the usual registration fees and an application fee
of $25.
(Added to NRS by 1981, 1550; A 1985, 926)
NRS 482.2717 License plates to be issued to automobile wreckers and operators
of salvage pools. The Department
shall provide suitable plates for automobile wreckers and operators of salvage
pools upon payment of a fee of $12 for each set of plates. The Department shall
not issue more than three sets of plates to a licensee. Such plates authorize
the movement of vehicles in accordance with NRS
487.090 and 487.460.
(Added to NRS by 1987, 1592)
NRS 482.272 License plates: Motorcycles. Each
license plate for a motorcycle may contain a number of characters, including
numbers and letters, as determined necessary by the Director. Only one plate
may be issued for a motorcycle.
(Added to NRS by 1973, 865; A 1975, 699; 2003, 459; 2013, 2549)
NRS 482.274 License plates: Trailers; duties of Director.
1. The Director shall order the
preparation of vehicle license plates for trailers in the same manner provided
for motor vehicles in NRS 482.270, except that a
vehicle license plate prepared for a full trailer or semitrailer that is
registered pursuant to subsection 3 of NRS 482.483
is not required to have displayed upon it the month and year the registration
expires.
2. The Director shall order preparation of
two sizes of vehicle license plates for trailers. The smaller plates may be
used for trailers with a gross vehicle weight of less than 1,000 pounds.
3. The Director shall determine the
registration numbers assigned to trailers.
4. Any license plates issued for a trailer
before July 1, 1975, bearing a different designation from that provided for in
this section, are valid during the period for which such plates were issued.
5. The Department shall not issue for a
full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant
to NRS 482.3667 to 482.3823,
inclusive.
(Added to NRS by 1969, 1050; A 1971, 53; 1975, 700; 1979, 97; 1983, 812; 2007, 323; 2013, 2831)
NRS 482.275 License plates: Display.
1. The license plates for a motor vehicle
other than a motorcycle or motor vehicle being transported by a licensed
vehicle transporter must be attached thereto, one in the rear and, except as
otherwise provided in subsection 2, one in the front. The license plate issued
for all other vehicles required to be registered must be attached to the rear
of the vehicle. The license plates must be so displayed during the current
calendar year or registration period.
2. If the motor vehicle was not
manufactured to include a bracket, device or other contrivance to display and
secure a front license plate, and if the manufacturer of the motor vehicle
provided no other means or method by which a front license plate may be displayed
upon and secured to the motor vehicle:
(a) One license plate must be attached to the
motor vehicle in the rear; and
(b) The other license plate may, at the option of
the owner of the vehicle, be attached to the motor vehicle in the front.
3. The provisions of subsection 2 do not
relieve the Department of the duty to issue a set of two license plates as
otherwise required pursuant to NRS 482.265 or other
applicable law and do not entitle the owner of a motor vehicle to pay a reduced
tax or fee in connection with the registration or transfer of the motor
vehicle. If the owner of a motor vehicle, in accordance with the provisions of
subsection 2, exercises the option to attach a license plate only to the rear
of the motor vehicle, the owner shall:
(a) Retain the other license plate; and
(b) Insofar as it may be practicable, return or
surrender both plates to the Department as a set when required by law to do so.
4. Every license plate must at all times
be securely fastened to the vehicle to which it is assigned so as to prevent
the plate from swinging and at a height not less than 12 inches from the
ground, measuring from the bottom of such plate, in a place and position to be
clearly visible, and must be maintained free from foreign materials and in a
condition to be clearly legible.
5. Any license plate which is issued to a
vehicle transporter or a dealer, rebuilder or manufacturer may be attached to a
vehicle owned or controlled by that person by a secure means. No license plate
may be displayed loosely in the window or by any other unsecured method in any
motor vehicle.
[13:202:1931; 1931 NCL § 4435.12]—(NRS A 1959, 863;
1963, 1127; 1969, 686; 1983, 1000; 1987, 2079; 2005, 983; 2009, 395)
NRS 482.276 License plate and decal for farm tractor or self-propelled
implement of husbandry; application; fee; renewal. Notwithstanding
any provision of this chapter to the contrary:
1. Any agricultural user who wishes to
obtain a license plate and decal to operate a farm tractor or self-propelled
implement of husbandry on the highways of this State may submit an application
to the Motor Carrier Division of the Department. Each application must be made
upon the appropriate form furnished by the Department. The application must
include a nonrefundable fee of $20.50 and evidence satisfactory to the
Department that the agricultural user is the holder of a policy of liability
insurance which provides at least $300,000 in coverage for bodily injury and property
damage resulting from any single accident caused by the agricultural user while
operating the farm tractor or self-propelled implement of husbandry. As soon as
practicable after receiving the application, fee and evidence of insurance, the
Department shall issue the license plate and decal to the agricultural user to
affix to the farm tractor or self-propelled implement of husbandry. A decal
issued pursuant to this subsection expires on December 31 of the year in which
the Department issues the decal. The license plate and decal are not
transferable and must be surrendered or returned to the Department within 60
days after:
(a) A transfer of ownership or interest in the
farm tractor or self-propelled implement of husbandry occurs; or
(b) The decal expires pursuant to this subsection
and the agricultural user fails to submit an application for renewal pursuant
to subsection 2.
2. An application for the renewal of a
license plate and decal issued pursuant to subsection 1 must be made upon the
appropriate form furnished by the Department. The application for renewal must
include a nonrefundable fee of $10 and evidence satisfactory to the Department
that the agricultural user is the holder of a policy of liability insurance
specified in subsection 1. As soon as practicable after receiving the
application for renewal, fee and evidence of insurance, the Department shall
issue a new decal to affix to the license plate. A decal issued pursuant to
this subsection expires on December 31 of the year in which the Department
issues the decal.
3. A license plate issued pursuant to
subsection 1 must be displayed on the farm tractor or self-propelled implement
of husbandry in such a manner that the license plate is easily visible from the
rear of the farm tractor or self-propelled implement of husbandry. If the
license plate is lost or destroyed, the Department may issue a replacement
plate upon the payment of a fee of 50 cents. If the decal is lost or destroyed,
the Department may, upon the payment of the fee specified in subsection 2,
issue a replacement decal for the farm tractor or self-propelled implement of
husbandry.
4. Notwithstanding any provision of chapter 445B of NRS to the contrary, an
agricultural user is not required to obtain a certificate of compliance or
vehicle inspection report concerning the control of emissions from a farm
tractor or self-propelled implement of husbandry before obtaining a license
plate and decal for or operating the farm tractor or self-propelled implement
of husbandry pursuant to this section.
5. As used in this section, “agricultural
user” means any person who owns or operates a farm tractor or self-propelled
implement of husbandry specified in subsection 1 for an agricultural use. As
used in this subsection, “agricultural use” has the meaning ascribed to it in NRS 361A.030.
(Added to NRS by 2011, 1935)
NRS 482.280 Expiration and renewal of registration. [Effective until the
earlier of October 1, 2015, or the date on which the Director of the Department
of Motor Vehicles notifies the Governor and the Director of the Legislative
Counsel Bureau that sufficient resources are available to enable the Department
to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.]
1. The registration of every vehicle
expires at midnight on the day specified on the receipt of registration, unless
the day specified falls on a Saturday, Sunday or legal holiday. If the day
specified on the receipt of registration is a Saturday, Sunday or legal
holiday, the registration of the vehicle expires at midnight on the next
judicial day. The Department shall mail to each holder of a certificate of
registration a notification for renewal of registration for the following
period of registration. The notifications must be mailed by the Department in
sufficient time to allow all applicants to mail the notifications to the
Department or to renew the certificate of registration at a kiosk or authorized
inspection station or via the Internet or an interactive response system and to
receive new certificates of registration and license plates, stickers, tabs or
other suitable devices by mail before the expiration of their registrations. An
applicant may present or submit the notification to any agent or office of the
Department.
2. A notification:
(a) Mailed or presented to the Department or to a
county assessor pursuant to the provisions of this section;
(b) Submitted to the Department pursuant to NRS 482.294; or
(c) Presented to an authorized inspection station
or authorized station pursuant to the provisions of NRS
482.281,
Ê must
include, if required, evidence of compliance with standards for the control of
emissions.
3. The Department shall include with each
notification mailed pursuant to subsection 1:
(a) The amount of the governmental services tax
to be collected pursuant to the provisions of NRS
482.260.
(b) The amount set forth in a notice of
nonpayment filed with the Department by a local authority pursuant to NRS 484B.527.
(c) A statement which informs the applicant:
(1) That, pursuant to NRS 485.185, the applicant is legally
required to maintain insurance during the period in which the motor vehicle is
registered which must be provided by an insurance company licensed by the
Division of Insurance of the Department of Business and Industry and approved
to do business in this State; and
(2) Of any other applicable requirements
set forth in chapter 485 of NRS and any
regulations adopted pursuant thereto.
4. An owner who has made proper
application for renewal of registration before the expiration of the current
registration but who has not received the license plate or plates or card of
registration for the ensuing period of registration is entitled to operate or
permit the operation of that vehicle upon the highways upon displaying thereon the
license plate or plates issued for the preceding period of registration for
such a time as may be prescribed by the Department as it may find necessary for
the issuance of the new plate or plates or card of registration.
[14:202:1931; A 1953, 330]—(NRS A 1959, 912; 1960,
100; 1963, 224, 1127; 1969, 686; 1971, 1553; 1975, 334, 1793; 1977, 924; 1979, 1820; 1981, 1694, 1695; 1983, 1619; 1985, 679; 1987, 1086, 2145; 1989, 505, 1872, 1874; 1991, 1914; 1993, 2201, 2860; 1995, 727, 728, 2359, 2730; 1997, 131, 625; 2001, 312, 2781; 2009, 1357,
2197)
NRS 482.280 Expiration and renewal of
registration. [Effective on the earlier of October 1, 2015, or the date on
which the Director of the Department of Motor Vehicles notifies the Governor
and the Director of the Legislative Counsel Bureau that sufficient resources
are available to enable the Department to carry out the provisions of chapter
472, Statutes of Nevada 2013, at page 2812.]
1. The registration of every vehicle
expires at midnight on the day specified on the receipt of registration, unless
the day specified falls on a Saturday, Sunday or legal holiday. If the day
specified on the receipt of registration is a Saturday, Sunday or legal
holiday, the registration of the vehicle expires at midnight on the next
judicial day. The Department shall mail to each holder of a certificate of
registration a notification for renewal of registration for the following
period of registration. The notifications must be mailed by the Department in
sufficient time to allow all applicants to mail the notifications to the
Department or to renew the certificate of registration at a kiosk or authorized
inspection station or via the Internet or an interactive response system and to
receive new certificates of registration and license plates, stickers, tabs or
other suitable devices by mail before the expiration of their registrations. An
applicant may present or submit the notification to any agent or office of the
Department.
2. A notification:
(a) Mailed or presented to the Department or to a
county assessor pursuant to the provisions of this section;
(b) Submitted to the Department pursuant to NRS 482.294; or
(c) Presented to an authorized inspection station
or authorized station pursuant to the provisions of NRS
482.281,
Ê must
include, if required, evidence of compliance with standards for the control of
emissions.
3. The Department shall include with each
notification mailed pursuant to subsection 1:
(a) The amount of the governmental services tax
to be collected pursuant to the provisions of NRS
482.260.
(b) The amount set forth in a notice of
nonpayment filed with the Department by a local authority pursuant to NRS 484B.527.
(c) A statement which informs the applicant:
(1) That, pursuant to NRS 485.185, the applicant is legally
required to maintain insurance during the period in which the motor vehicle is
registered which must be provided by an insurance company licensed by the
Division of Insurance of the Department of Business and Industry and approved
to do business in this State; and
(2) Of any other applicable requirements
set forth in chapter 485 of NRS and any
regulations adopted pursuant thereto.
(d) A statement which informs the applicant that,
if the applicant renews a certificate of registration at a kiosk or via the
Internet, he or she may make a nonrefundable monetary contribution of $2 for
each vehicle registration renewed for the Complete Streets Program, if any,
created pursuant to NRS 244.2643, 277A.285 or 403.575, as applicable, based on the
declaration made pursuant to paragraph (c) of subsection 3 of NRS 482.215. The notification must state in a clear
and conspicuous manner that a contribution for a Complete Streets Program is
nonrefundable and voluntary and is in addition to any fees required for
registration.
4. An application for renewal of a
certificate of registration submitted at a kiosk or via the Internet must
include a statement which informs the applicant that he or she may make a
nonrefundable monetary contribution of $2, for each vehicle registration which
is renewed at a kiosk or via the Internet, for the Complete Streets Program, if
any, created pursuant to NRS 244.2643,
277A.285 or 403.575, as applicable, based on the
declaration made pursuant to paragraph (c) of subsection 3 of NRS 482.215. The application must state in a clear and
conspicuous manner that a contribution for a Complete Streets Program is
nonrefundable and voluntary and is in addition to any fees required for
registration, and must include a method by which the applicant must indicate
his or her intention to opt in or opt out of making such a contribution.
5. An owner who has made proper
application for renewal of registration before the expiration of the current
registration but who has not received the license plate or plates or card of
registration for the ensuing period of registration is entitled to operate or
permit the operation of that vehicle upon the highways upon displaying thereon
the license plate or plates issued for the preceding period of registration for
such a time as may be prescribed by the Department as it may find necessary for
the issuance of the new plate or plates or card of registration.
[14:202:1931; A 1953, 330]—(NRS A 1959, 912; 1960,
100; 1963, 224, 1127; 1969, 686; 1971, 1553; 1975, 334, 1793; 1977, 924; 1979, 1820; 1981, 1694, 1695; 1983, 1619; 1985, 679; 1987, 1086, 2145; 1989, 505, 1872, 1874; 1991, 1914; 1993, 2201, 2860; 1995, 727, 728, 2359, 2730; 1997, 131, 625; 2001, 312, 2781; 2009, 1357,
2197; 2013, 2815,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 482.2805 Department not to renew registration if notice of nonpayment has
been filed with Department by certain entities; exceptions; fee for service of
certain fees, penalties, fines or other charges performed by Department.
1. Except as otherwise provided in
subsection 3, the Department of Motor Vehicles shall not renew the registration
of a motor vehicle if a local authority has filed with the Department of Motor
Vehicles a notice of nonpayment pursuant to NRS 484B.527, or if the Department of
Transportation or a private partner under a public-private partnership has
filed a notice of nonpayment pursuant to section 42 of the Boulder City Bypass
Toll Road Demonstration Project Act, unless, at the time for renewal of the
registration, the registered owner of the motor vehicle provides to the
Department of Motor Vehicles a receipt issued by the local authority pursuant
to NRS 482.2807, or a receipt issued by the Department
of Transportation or a private partner under a public-private partnership.
2. If the registered owner provides a
receipt to the Department of Motor Vehicles pursuant to subsection 1 and
complies with the other requirements of this chapter, the Department of Motor
Vehicles shall renew the registration of the motor vehicle.
3. The Department of Motor Vehicles shall
renew the registration of a motor vehicle owned by a short-term lessor for
which the Department of Motor Vehicles has received a notice of nonpayment
pursuant to NRS 484B.527 or section
42 of the Boulder City Bypass Toll Road Demonstration Project Act without
requiring the short-term lessor to provide a receipt pursuant to subsection 1
if the short-term lessor submits to the Department of Motor Vehicles a certificate
issued by a local authority, the Department of Transportation or a private
partner under a public-private partnership pursuant to subsection 4.
4. A local authority, the Department of
Transportation or a private partner under a public-private partnership shall,
upon request, issue to a short-term lessor a certificate which requires the
Department of Motor Vehicles to renew the registration of a motor vehicle owned
by the short-term lessor without requiring the short-term lessor to provide a
receipt pursuant to subsection 1 if the short-term lessor provides the local
authority, the Department of Transportation or a private partner under a
public-private partnership with the name, address and number of the driver’s
license of the short-term lessee who was leasing the vehicle at the time of the
violation.
5. Upon the request of the registered
owner of a motor vehicle, the Department of Motor Vehicles shall provide a copy
of the notice of nonpayment filed with the Department of Motor Vehicles by the
local agency pursuant to NRS 484B.527
or the Department of Transportation or a private partner under a public-private
partnership pursuant to section 42 of the Boulder City Bypass Toll Road
Demonstration Project Act.
6. If the registration of a motor vehicle
that is identified in a notice of nonpayment filed with the Department of Motor
Vehicles by a local authority pursuant to NRS
484B.527 or the Department of Transportation or a private partner under a
public-private partnership pursuant to section 42 of the Boulder City Bypass
Toll Road Demonstration Project Act is not renewed for two consecutive periods
of registration, the Department of Motor Vehicles shall delete any records
maintained by the Department of Motor Vehicles concerning that notice.
7. The Department of Motor Vehicles may
require a local authority to pay a fee for the creation, maintenance or
revision of a record of the Department of Motor Vehicles concerning a notice of
nonpayment filed with the Department of Motor Vehicles by the local authority
pursuant to NRS 484B.527. The
Department of Motor Vehicles may require the Department of Transportation or a
private partner under a public-private partnership to pay a fee for the creation,
maintenance or revision of a record of the Department of Motor Vehicles
concerning a notice of nonpayment filed with the Department of Motor Vehicles
by the Department of Transportation or a private partner under a public-private
partnership pursuant to section 42 of the Boulder City Bypass Toll Road
Demonstration Project Act. The Department of Motor Vehicles shall, by
regulation, establish any fee required by this subsection. Any fees collected
by the Department pursuant to this subsection must be:
(a) Deposited with the State Treasurer for credit
to the Motor Vehicle Fund; and
(b) Allocated to the Department to defray the
cost of carrying out the provisions of this section.
(Added to NRS by 1995, 2358; A 1997, 463; 2011, 2918)
NRS 482.2807 Requirements for registration if local government has filed
notice of nonpayment pursuant to NRS 484B.527. If a local authority files with the Department
a notice of nonpayment pursuant to NRS
484B.527 and the registered owner of the motor vehicle for which the
Department received the notice pays to the local authority each civil penalty
or criminal fine or other charge imposed by the local authority against the registered
owner for a violation of:
1. The provisions of NRS 484B.440 to 484B.523, inclusive; or
2. An ordinance of the local authority
authorized by chapters 484A to 484E, inclusive, of NRS that covers the same
subject matter as the provisions of NRS
484B.440 to 484B.523, inclusive,
Ê the local
authority shall issue to the registered owner a receipt which indicates that
the penalty, fine or charge has been paid.
(Added to NRS by 1995, 2359; A 1997, 465)
NRS 482.281 Authority of Department of Motor Vehicles to allow authorized
inspection station or authorized station to renew certificates of registration;
adoption of regulations.
1. The Department may allow an authorized
inspection station or authorized station to renew certificates of registration
for motor vehicles.
2. The Department shall not issue a
license to an authorized inspection station or authorized station to renew
certificates of registration if that station has committed any of the
violations set forth in NRS 445B.790.
3. An authorized inspection station or
authorized station shall not renew a certificate of registration for a motor
vehicle unless the station has issued a certificate of emissions compliance for
that vehicle.
4. The Department shall establish bonding
and surety requirements for an authorized inspection station or authorized
station that is authorized to renew certificates of registration. Each such
station shall obtain the equipment necessary for the operation of the station,
as determined by the Department, and pay the costs of any audit required by the
Department.
5. The Department shall adopt regulations
necessary to carry out the provisions of this section. The regulations must
include, without limitation:
(a) The requirements for licensing an authorized
inspection station or authorized station to renew certificates of registration;
and
(b) The compensation an authorized inspection
station or authorized station is entitled to receive for the renewal of a
certificate of registration.
6. 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.
(Added to NRS by 1991, 1913; A 1993, 2861; 2001, 700)
NRS 482.283 Change of name or place of residence: Notice to Department
required; timing and contents of notice. Each
holder of a valid registration, upon changing his or her name or place of
residence, shall notify the Department of the change within 30 days after the
change and shall include in the notice both the old and new names and residence
addresses.
(Added to NRS by 1959, 916; A 1960, 101; 2003, 375)
NRS 482.285 Certificates, decals and number plates: Illegibility, loss,
mutilation or theft; obtaining of duplicates or substitutes; fees and taxes.
1. If any certificate of registration or
certificate of title is lost, mutilated or illegible, the person to whom it was
issued shall immediately make application for and obtain a duplicate or
substitute therefor upon furnishing information satisfactory to the Department
and upon payment of the required fees.
2. If any license plate or plates or any
decal is lost, mutilated or illegible, the person to whom it was issued shall
immediately make application for and obtain:
(a) A duplicate number plate or a substitute
number plate;
(b) A substitute decal; or
(c) A combination of both (a) and (b),
Ê as
appropriate, upon furnishing information satisfactory to the Department and
payment of the fees required by NRS 482.500.
3. If any license plate or plates or any
decal is stolen, the person to whom it was issued shall immediately make
application for and obtain:
(a) A substitute number plate;
(b) A substitute decal; or
(c) A combination of both (a) and (b),
Ê as
appropriate, upon furnishing information satisfactory to the Department and
payment of the fees required by NRS 482.500.
4. The Department shall issue duplicate
number plates or substitute number plates and, if applicable, a substitute
decal, if the applicant:
(a) Returns the mutilated or illegible plates to
the Department or signs a declaration that the plates were lost, mutilated or
illegible; and
(b) Complies with the provisions of subsection 6.
5. The Department shall issue substitute
number plates and, if applicable, a substitute decal, if the applicant:
(a) Signs a declaration that the plates were
stolen; and
(b) Complies with the provisions of subsection 6.
6. Except as otherwise provided in this
subsection, an applicant who desires duplicate number plates or substitute
number plates must make application for renewal of registration. Except as
otherwise provided in subsection 7 of NRS 482.260,
credit must be allowed for the portion of the registration fee and governmental
services tax attributable to the remainder of the current registration period.
In lieu of making application for renewal of registration, an applicant may
elect to make application solely for:
(a) Duplicate number plates or substitute number
plates, and a substitute decal, if the previous license plates were lost,
mutilated or illegible; or
(b) Substitute number plates and a substitute
decal, if the previous license plates were stolen.
7. An applicant who makes the election
described in subsection 6 retains the current date of expiration for the
registration of the applicable vehicle and is not, as a prerequisite to
receiving duplicate number plates or substitute number plates or a substitute decal,
required to:
(a) Submit evidence of compliance with controls
over emission; or
(b) Pay the registration fee and governmental
services tax attributable to a full period of registration.
[18:202:1931; 1931 NCL § 4435.17]—(NRS A 1975, 132; 1977, 358; 1985, 29; 1991, 193, 2312; 2001, 312; 2003, 375; 2013, 2832)
NRS 482.290 Assignment and recording of new vehicle identification number if
old number has been falsely attached, removed, defaced, altered or obliterated;
authority of Department; fee; penalty for certain acts committed with intent to
defraud.
1. The Department is authorized to assign
a distinguishing number to any motor vehicle or trailer whenever the vehicle
identification number thereon has been falsely attached, removed, defaced,
altered or obliterated, and any motor vehicle or trailer to which there is
assigned a distinguishing number as authorized in this section shall be
registered under such distinguishing number.
2. The Department shall collect a fee of
$2 for the assignment and recording of each such vehicle identification number
and for the assignment of distinguishing numbers pursuant to NRS 482.553.
3. The number by which a motor vehicle or
trailer is registered shall be permanently stamped or attached to the vehicle.
False attachment or willful removal, defacement, alteration or obliteration of
such a number with intent to defraud is a gross misdemeanor.
[8:202:1931; 1931 NCL § 4435.07]—(NRS A 1959, 214;
1965, 654; 1975, 64; 2007, 2362)
ELECTRONIC SUBMISSION AND STORAGE OF DOCUMENTS
NRS 482.292 “Document” defined. As
used in this section and NRS 482.293 and 482.294, unless the context otherwise requires,
“document” means an application, notice, report, statement or other record
relating to the issuance or renewal of a certificate of registration, or the
issuance of a certificate of title, pursuant to this chapter.
(Added to NRS by 2001, 2778; A 2003, 460, 1218)
NRS 482.293 Authority of Department of Motor Vehicles to establish program;
validity of electronic submission or storage; persons allowed to apply for
participation; adoption of regulations; required content of regulations;
acceptance of gifts and grants.
1. The Department may establish a program
for the electronic submission and storage of documents.
2. If the Department establishes a program
pursuant to subsection 1:
(a) An electronic submission or storage of
documents that is carried out pursuant to the program with respect to a
particular transaction is not valid unless all original documents required for
the transaction pursuant to:
(1) The provisions of 49 U.S.C. §§ 32701
et seq.; and
(2) The provisions of any regulations
adopted pursuant thereto,
Ê have been
executed and submitted to the Department.
(b) The Department shall allow only the following
persons to apply for participation in the program:
(1) Financial institutions, new vehicle
dealers and used vehicle dealers, for the purpose of submitting documents by
electronic means to the Department on behalf of their customers.
(2) Owners of fleets composed of 10 or
more vehicles.
(c) The Department shall adopt regulations to
carry out the program.
3. The regulations required to be adopted
pursuant to paragraph (c) of subsection 2 must include, without limitation:
(a) The type of electronic transmission that the
Department will accept for the program.
(b) The process for submission of an application
by a person who desires to participate in the program and the fee, if any, that
must accompany the application for participation.
(c) The criteria that will be applied by the
Department in determining whether to approve an application to participate in
the program.
(d) The standards for ensuring the security and
integrity of the process for issuance and renewal of a certificate of
registration and a certificate of title, including, without limitation, the
procedure for a financial and performance audit of the program.
(e) The terms and conditions for participation in
the program and any restrictions on the participation.
(f) The contents of a written agreement that must
be on file with the Department before a participant may submit a document by
electronic means to the Department. Such written agreement must include,
without limitation:
(1) An assurance that each document
submitted by electronic means contains all the information that is necessary to
complete the transaction for which the document is submitted;
(2) Certification that all the information
contained in each document that is submitted by electronic means is truthful
and accurate;
(3) An assurance that the participant who
submits a document by electronic means will maintain all information and
records that are necessary to support the document; and
(4) The signature of the participant who
files the written agreement with the Department.
(g) The conditions under which the Department may
revoke the approval of a person to participate in the program, including,
without limitation, failure to comply with this section and NRS 482.294 and the regulations adopted pursuant
thereto.
(h) The method by which the Department will store
documents that are submitted to it by electronic means.
(i) The required technology that is necessary to
carry out the program.
(j) Any other regulations that the Department
determines necessary to carry out the program.
(k) Procedures to ensure compliance with:
(1) The provisions of 49 U.S.C. §§ 32701
et seq.; and
(2) The provisions of any regulations
adopted pursuant thereto,
Ê to the
extent that such provisions relate to the submission and retention of documents
used for the transfer of the ownership of vehicles.
4. The Department may accept gifts and
grants from any source, including, without limitation, donations of materials,
equipment and labor, for the establishment and maintenance of a program
pursuant to this section.
(Added to NRS by 2001, 2778; A 2003, 460, 1218)
NRS 482.294 Approval by Department of Motor Vehicles for person to
participate in program; waiver of requirement of signature of natural person;
document submitted by electronic means deemed to be original document.
1. If the Department approves an application
for a person to participate in a program established pursuant to NRS 482.293, that participant may submit, by
electronic means, a document that is required to be submitted pursuant to this
chapter for the issuance or renewal of a certificate of registration or a
certificate of title.
2. If the signature of a natural person is
required pursuant to this chapter on a document that is submitted by electronic
means, the Department may waive that requirement:
(a) In the case of a participant who is a
financial institution, new vehicle dealer or used vehicle dealer, if the
participant who submitted the document on behalf of that person complies with
all requirements of this program.
(b) In the case of a participant who is an owner
of a fleet composed of 10 or more vehicles, if the participant complies with
all requirements of this program.
3. Notwithstanding any other provision of
law to the contrary, a document that is submitted by electronic means pursuant
to subsection 1, if accepted by the Department, shall be deemed an original
document in administrative proceedings, quasi-judicial proceedings and judicial
proceedings.
(Added to NRS by 2001, 2780; A 2003, 461, 1220)
VEHICLES LEASED FOR SHORT TERM
NRS 482.295 Registration by short-term lessor: Proof of financial ability to
respond to damages. The Department
or a registered dealer shall not register a vehicle intended to be leased by a
short-term lessor until the owner demonstrates to the Department the owner’s
financial ability to respond to damages by providing evidence of insurance as
that term is defined in NRS 485.034.
[Part 6:202:1931; A 1943, 51; 1949, 511; 1953,
52]—(NRS A 1967, 705; 1969, 186; 1973, 770; 1975, 1071; 1987, 668; 1995, 1864, 2731; 1997, 662)
NRS 482.300 Short-term lessor must be licensed. It
is unlawful for any person to engage in the activities of a short-term lessor
unless such person has been licensed pursuant to NRS
482.363.
[Part 20:202:1931; 1931 NCL § 4435.19]—(NRS A 1967,
705; 1973, 771; 1975, 1072)
NRS 482.305 Short-term lessor not providing coverage jointly and severally
liable with short-term lessee for certain damages; notice to lessee of extent
of coverage; dismissal of action against lessor if coverage provided.
1. The short-term lessor of a motor
vehicle who permits the short-term lessee to operate the vehicle upon the
highways, and who has not complied with NRS 482.295
insuring or otherwise covering the short-term lessee against liability arising
out of his or her negligence in the operation of the rented vehicle in limits
of not less than $15,000 for any one person injured or killed and $30,000 for
any number more than one, injured or killed in any one accident, and against
liability of the short-term lessee for property damage in the limit of not less
than $10,000 for one accident, is jointly and severally liable with the
short-term lessee for any damages caused by the negligence of the latter in
operating the vehicle and for any damages caused by the negligence of any
person operating the vehicle by or with the permission of the short-term
lessee, except that the foregoing provisions do not confer any right of action
upon any passenger in the rented vehicle against the short-term lessor. This
section does not prevent the introduction as a defense of contributory
negligence to the extent to which this defense is allowed in other cases.
2. The policy of insurance, surety bond or
deposit of cash or securities inures to the benefit of any person operating the
vehicle by or with the permission of the short-term lessee in the same manner,
under the same conditions and to the same extent as to the short-term lessee.
3. The insurance policy, surety bond or
deposit of cash or securities need not cover any liability incurred by the
short-term lessee of any vehicle to any passenger in the vehicle; but the
short-term lessor before delivering the vehicle shall give to the short-term
lessee a written notice of the fact that such a policy, bond or deposit does
not cover the liability which the short-term lessee may incur on account of his
or her negligence in the operation of the vehicle to any passenger in the
vehicle.
4. When any suit or action is brought
against the short-term lessor under this section, the judge before whom the
case is pending shall hold a preliminary hearing in the absence of the jury to
determine whether the short-term lessor has provided insurance or a surety bond
or deposit of cash or securities covering the short-term lessee as required by
subsection 1. Whenever it appears that the short-term lessor has provided
insurance or a surety bond or deposit of cash or securities covering the
short-term lessee in the required amount, the judge shall dismiss as to the
short-term lessor the action brought under this section.
[Part 20:202:1931; 1931 NCL § 4435.19]—(NRS A 1967,
705; 1973, 771; 1987,
669)
NRS 482.307 Short-term lessor prohibited from offering, arranging for or
allowing use of paid driver. It is
unlawful for a short-term lessor to offer, arrange for or allow the use of a
paid driver whether directly or through an affiliated person.
(Added to NRS by 2011, 2658)
NRS 482.308 Discrimination by short-term lessor against member of Armed
Forces prohibited; penalty.
1. No short-term lessor may:
(a) Refuse to lease a vehicle to a member of the
Armed Forces of the United States; or
(b) Discriminate against such a person in the
terms, conditions or privileges of the rental of a vehicle,
Ê because of
that person’s membership in the Armed Forces.
2. Any person who willfully violates any
provision of subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1989, 619)
NRS 482.310 Type of license plate for leased vehicle. The Department shall issue for every passenger
motor vehicle leased by a short-term lessor the same type of number plates as
the type of plates issued for private passenger vehicles.
[Part 12:202:1931; A 1949, 45; 1953, 106; 1955,
582]—(NRS A 1967, 706)
NRS 482.313 Charging, collecting, reporting and remitting of certain fees in
connection with lease of passenger car by short-term lessor; deposit of money
into State General Fund; certain amounts excluded from calculation of fees;
duties of Executive Director of Department of Taxation.
1. Upon the lease of a passenger car by a
short-term lessor in this State, the short-term lessor shall charge and collect
from the short-term lessee:
(a) A governmental services fee of 10 percent of
the total amount for which the passenger car was leased, excluding the items
described in subsection 7; and
(b) Any fee required pursuant to NRS 244A.810 or 244A.860.
Ê The amount
of each fee charged pursuant to this subsection must be indicated in the lease
agreement.
2. The fees due from a short-term lessor
to the Department of Taxation pursuant to subsection 1 are due on the last day
of each calendar quarter. On or before the last day of the month following each
calendar quarter, the short-term lessor shall:
(a) File with the Department of Taxation, on a
form prescribed by the Department of Taxation, a report indicating the total
amount of each of the fees collected by the short-term lessor pursuant to
subsection 1 during the immediately preceding calendar quarter; and
(b) Remit to the Department of Taxation the fees
collected by the short-term lessor pursuant to subsection 1 during the
immediately preceding calendar quarter.
3. Except as otherwise provided in a
contract made pursuant to NRS 244A.820
or 244A.870, the Department of Taxation
shall deposit all money received from short-term lessors pursuant to the
provisions of subsection 1 with the State Treasurer for credit to the State
General Fund.
4. To ensure compliance with this section,
the Department of Taxation may audit the records of a short-term lessor.
5. The provisions of this section do not
limit or affect the payment of any taxes or fees imposed pursuant to the
provisions of this chapter.
6. The Department of Motor Vehicles shall,
upon request, provide to the Department of Taxation any information in its
records relating to a short-term lessor that the Department of Taxation
considers necessary to collect the fees described in subsection 1.
7. For the purposes of charging and
collecting the governmental services fee described in paragraph (a) of
subsection 1, the following items must not be included in the total amount for
which the passenger car was leased:
(a) The amount of any fee charged and collected
pursuant to paragraph (b) of subsection 1;
(b) The amount of any charge for fuel used to
operate the passenger car;
(c) The amount of any fee or charge for the
delivery, transportation or other handling of the passenger car;
(d) The amount of any fee or charge for
insurance, including, without limitation, personal accident insurance, extended
coverage or insurance coverage for personal property; and
(e) The amount of any charges assessed against a
short-term lessee for damages for which the short-term lessee is held
responsible.
8. The Executive Director of the
Department of Taxation shall:
(a) Adopt such regulations as the Executive
Director determines are necessary to carry out the provisions of this section;
and
(b) Upon the request of the Director of the
Department of Motor Vehicles, provide to the Director of the Department of
Motor Vehicles a copy of any record or report described in this section.
(Added to NRS by 1993, 2111; A 1997, 824; 2001, 313, 2547, 3097; 2003, 1684, 2930; 2003,
20th Special Session, 296; 2007, 1594; 2008, 25th
Special Session, 20; 2009, 2141;
2011, 2894)
NRS 482.315 Records of short-term lessor: Maintenance; inspection; form;
penalty; duties of Executive Director of Department of Taxation.
1. Every person engaged in business as a
short-term lessor shall maintain a record of the identity of each short-term
lessee and the exact time the vehicle is the subject of such lease or in the
possession of the short-term lessee.
2. Every such record is a public record
and open to inspection by any person.
3. If the Executive Director of the
Department of Taxation prescribes a form for the keeping of the record provided
for in this section, the short-term lessor shall use the form.
4. It shall be a misdemeanor for any such
short-term lessor to fail to make or possess or to refuse an inspection of the
record required in this section.
5. The Executive Director of the
Department of Taxation shall:
(a) Adopt such regulations as the Executive
Director determines are necessary to carry out the provisions of this section;
and
(b) Upon the request of the Director of the
Department of Motor Vehicles, provide to the Director of the Department of
Motor Vehicles a copy of any record described in this section.
[21:202:1931; 1931 NCL § 4435.20]—(NRS A 1961, 130;
1967, 706; 2003,
1686)
NRS 482.3151 Definitions. As
used in NRS 482.3151 to 482.3159,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 482.31515 to 482.3153,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1989, 1618; A 2009, 2143)
NRS 482.31515 “Authorized driver” defined. “Authorized
driver” means:
1. The short-term lessee of a passenger
car.
2. The spouse of the short-term lessee, if
that person is a licensed driver and satisfies any minimum age requirement of
the short-term lessor.
3. The employer or coworker of the
short-term lessee, if the employer or coworker is engaged in business activity
with the lessee, is a licensed driver and satisfies any minimum age requirement
of the short-term lessor.
4. Any person listed on a lease by the
short-term lessor as an authorized driver.
(Added to NRS by 1989, 1618)
NRS 482.3152 “Estimated time for repair” defined. “Estimated
time for repair” means an estimate made in good faith of the reasonable number
of hours of labor, or a fraction thereof, needed to repair the damaged parts of
a passenger car.
(Added to NRS by 1989, 1619)
NRS 482.31525 “Estimated time for replacement” defined. “Estimated time for replacement” means the
number of hours of labor, or a fraction thereof, needed to replace the damaged
parts of a passenger car as set forth in a guide for estimating damage caused by
a collision generally used in the business of repair of cars and commonly known
as a “crash book.”
(Added to NRS by 1989, 1619)
NRS 482.31527 “Vehicle licensing costs” defined. “Vehicle
licensing costs” means:
1. 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 the short-term lessor, including, without limitation,
fees for license plates and license plate decals, stickers and tabs, and
inspection fees; and
2. The basic and supplemental governmental
services taxes paid by the short-term lessor with regard to those passenger
cars.
(Added to NRS by 2009, 2140)
NRS 482.3153 “Waiver of damages” defined. “Waiver
of damages” means an agreement by the short-term lessor not to hold a
short-term lessee liable for any:
1. Portion of the damage or loss related
to a leased passenger car.
2. Loss of use of the passenger car.
3. Charges for storage, impound, towing or
administration.
(Added to NRS by 1989, 1619)
NRS 482.31535 Permissible agreements between lessor and lessee as to
responsibility for damage to or loss of passenger car leased for short term;
determination of fair market value.
1. Except as otherwise provided in NRS 482.3154, a short-term lessor and a short-term
lessee of a passenger car may agree that the lessee will be responsible for:
(a) Physical damage to the car, up to and
including its fair market value, regardless of the cause of the damage.
(b) Mechanical damage to the car, up to and
including its fair market value, resulting from:
(1) A collision;
(2) An impact; or
(3) Any other type of incident,
Ê that is
caused by a deliberate or negligent act or omission on the part of the lessee.
(c) Loss resulting from theft of the car, up to
and including its fair market value, except that the lessee is presumed to have
no liability for any loss resulting from theft if an authorized driver:
(1) Has possession of the ignition key
furnished by the lessor or establishes that the ignition key furnished by the
lessor was not in the car at the time of the theft; and
(2) Files an official report of the theft
with an appropriate law enforcement agency within 24 hours after learning of
the theft and cooperates with the lessor and the law enforcement agency in
providing information concerning the theft.
Ê The lessor
may rebut the presumption set forth in this paragraph by establishing that an
authorized driver committed or aided and abetted the commission of the theft.
(d) Physical damage to the car, up to and
including its fair market value, resulting from vandalism occurring after or in
connection with the theft of the car, except that the lessee has no liability
for any damage resulting from vandalism if the lessee has no liability for
theft pursuant to paragraph (c).
(e) Physical damage to the car and loss of use of
the car, up to $2,500, resulting from vandalism not related to the theft of the
car and not caused by the lessee.
(f) Loss of use of the car if the lessee is
liable for damage or loss.
(g) Actual charges for towing and storage and
impound fees paid by the lessor if the lessee is liable for damage or loss.
(h) An administrative charge that includes the
cost of appraisal and other costs incident to the damage, loss, loss of use,
repair or replacement of the car.
2. For the purposes of this section, the
fair market value must be determined in the customary market for the sale of
the leased passenger car.
(Added to NRS by 1989, 1619; A 2003, 980; 2009, 548)
NRS 482.3154 Limitation on liability of short-term lessee concerning damage
to or loss of leased passenger car; limitation of short-term lessor’s loss
under certain circumstances; limitation or exclusion of administrative charge.
1. The total amount of the short-term
lessee’s liability to the short-term lessor resulting from damage to a leased
passenger car must not exceed the sum of the following:
(a) The estimated cost for parts that the
short-term lessor would have to pay to replace damaged parts. Any discount,
price reduction or adjustment received by the lessor must be subtracted from
the estimate to the extent not already incorporated in the estimate or promptly
credited or refunded to the short-term lessee.
(b) The estimated cost of labor to replace
damaged parts of the passenger car, which must not exceed the product of:
(1) The rate of labor usually paid by the
lessor to replace parts of the type that were damaged; and
(2) The estimated time for replacement.
Ê Any
discount, price reduction or adjustment received by the short-term lessor must
be subtracted from the estimate to the extent not already incorporated in the
estimate or promptly credited or refunded to the lessee.
(c) The estimated cost of labor to repair damaged
parts of the passenger car, which must not exceed the lesser of:
(1) The product of the rate for labor
usually paid by the short-term lessor to repair parts of the type that were
damaged and the estimated time for repair; or
(2) The sum of the costs for estimated
labor and parts determined pursuant to paragraphs (a) and (b) to replace the
same parts.
Ê Any
discount, price reduction or adjustment received by the short-term lessor must
be subtracted from the estimate to the extent not already incorporated in the
estimate or promptly credited or refunded to the lessee.
(d) Except as otherwise provided in subsection 2,
the loss of use of the leased passenger car, which must not exceed the product
of:
(1) The rate for the car stated in the
short-term lessee’s lease, excluding all optional charges; and
(2) The total of the estimated time for
replacement and the estimated time for repair. For the purpose of converting
the estimated time for repair into the same unit of time in which the rate of
the lease is expressed, a day shall be deemed to consist of 8 hours.
(e) Actual charges for towing and storage and
impound fees paid by the short-term lessor.
2. Under any of the circumstances
described in NRS 482.31555, the short-term
lessor’s loss of use of the passenger car must not exceed the product of:
(a) The rate for the car stated in the short-term
lessee’s lease, excluding all optional charges; and
(b) The period from the date of an accident to
the date the car is ready to be returned to service if the lessor uses his or
her best efforts to repair and return the car to service as soon as
practicable.
3. An administrative charge pursuant to
paragraph (h) of subsection 1 of NRS 482.31535
must not exceed:
(a) Fifty dollars if the total estimated cost for
parts and labor is more than $100 and less than or equal to $500.
(b) One hundred dollars if the total estimated
cost for parts and labor is more than $500 and less than or equal to $1,500.
(c) One hundred and fifty dollars if the total
estimated cost for parts and labor is more than $1,500.
Ê No
administrative charge may be imposed if the total estimated cost of parts and
labor is $100 or less.
(Added to NRS by 1989, 1620; A 2003, 981)
NRS 482.31545 Liability of authorized driver for damage occurring during
operation of passenger car: Limitations.
1. The total amount of an authorized
driver’s liability to the short-term lessor, if any, for damage occurring
during the operation of a passenger car by the driver must not exceed the
amount of the short-term lessee’s liability pursuant to NRS
482.3154.
2. The short-term lessor shall not recover
from the short-term lessee and an authorized driver:
(a) An amount that exceeds the lessee’s liability
pursuant to NRS 482.3154.
(b) For any item pursuant to NRS 482.31535 to the extent that the lessor obtains
recovery from any other person.
3. The provisions of this section apply to
the maximum liability of a short-term lessee or an authorized driver to the
short-term lessor resulting from damage to a passenger car and not to the
liability of any other person.
(Added to NRS by 1989, 1621)
NRS 482.3155 Waiver of damages: Required provisions; limitation is void;
exception. Except as otherwise
provided in NRS 482.31555:
1. Every waiver of damages must provide
that the short-term lessee of a passenger car has no liability for any damage,
loss or loss of use, or any cost incident thereto.
2. Every limitation, exception or
exclusion to any waiver of damages is void and unenforceable.
(Added to NRS by 1989, 1621)
NRS 482.31555 Short-term lessor authorized to restrict applicability of waiver
of damages under certain circumstances. A
short-term lessor may provide in a lease of a passenger car that a waiver of
damages does not apply in the following circumstances:
1. Damage or loss resulting from an
authorized driver’s:
(a) Intentional, willful, wanton or reckless
conduct.
(b) Operation of the car in violation of NRS 484C.110.
(c) Towing or pushing with the car.
(d) Operation of the car on an unpaved road if
the damage or loss is a direct result of the road or driving conditions.
2. Damage or loss occurring when the
passenger car is:
(a) Used for hire.
(b) Used in connection with conduct that
constitutes a felony.
(c) Involved in a speed test or contest or in
driver training activity.
(d) Operated by a person other than an authorized
driver.
(e) Operated in a foreign country or outside of
the States of Nevada, Arizona, California, Idaho, Oregon and Utah, unless the
lease expressly provides that the passenger car may be operated in other
locations.
3. An authorized driver providing:
(a) Fraudulent information to the short-term
lessor.
(b) False information to the lessor and the
lessor would not have leased the passenger car if the lessor had received true
information.
4. Damage or loss resulting from the theft
of the passenger car if committed by an authorized driver or a person aided or
abetted by an authorized driver. A theft is presumed to have been committed by
a person other than an authorized driver or a person aided or abetted by an
authorized driver if the short-term lessee of the car:
(a) Has possession of the ignition key furnished
by the lessor or establishes that the ignition key furnished by the lessor was
not in the car at the time of the theft; and
(b) Files an official report of the theft with an
appropriate law enforcement agency within 24 hours after learning of the theft
and cooperates with the lessor and the law enforcement agency in providing
information concerning the theft.
Ê The lessor
may rebut the presumption set forth in this subsection by establishing that an
authorized driver committed or aided and abetted another person in the
commission of the theft.
(Added to NRS by 1989, 1621; A 2003, 982; 2009, 549)
NRS 482.3156 Waiver of damages: Disclosure of certain information required. A short-term lessor who offers or provides a
waiver of damages for any consideration in addition to the rate for lease of a
passenger car shall clearly and conspicuously disclose the following
information in the lease or a holder in which the lease is placed and on a sign
posted at the place where the lessee signs the lease:
1. The nature and extent of the short-term
lessee’s liability.
2. A statement that the short-term
lessee’s personal insurance policy may provide coverage for all or a portion of
the lessee’s potential liability.
3. A statement that the short-term lessee
should consult with his or her insurer to determine the scope of insurance
coverage.
4. A statement that the short-term lessee
may purchase an optional waiver of damages to cover all liability subject to
any exception that the short-term lessor includes and that is permitted by NRS 482.31555.
5. The charge for the waiver of damages.
6. A statement that Nevada law requires
any driver of a passenger car and any passenger 5 years of age or older who
rides in the front or back seat of a passenger car to wear a safety belt if one
is available for that seating position.
(Added to NRS by 1989, 1621)
NRS 482.31565 Waiver of damages and optional insurance: Purchase as condition
for lease prohibited; maximum charge; adjustment to reflect Consumer Price
Index; advertisements; other prohibited practices.
1. A short-term lessor shall not require
the purchase of a waiver of damages, optional insurance or any other optional
good or service as a condition for the lease of a passenger car.
2. Except as otherwise provided in this
subsection, a short-term lessor may sell a waiver of damages but shall not
charge more than $22 per full or partial rental day or 24-hour rental period,
as appropriate, for the waiver. The monetary amount set forth in this
subsection must be adjusted for each fiscal year that begins on or after July
1, 2008, by adding to that amount the product of that amount multiplied by the
percentage increase in the Consumer Price Index West Urban for All Urban
Consumers (All Items) between the calendar year ending on December 31, 2005,
and the calendar year immediately preceding the fiscal year for which the
adjustment is made. The Department shall, on or before March 1 of each year,
publish the adjusted amount for the next fiscal year on its website or
otherwise make that information available to short-term lessors.
3. A short-term lessor who disseminates an
advertisement in the State of Nevada that contains a rate for the lease of a
passenger car shall include in the advertisement a clearly readable statement
of the charge for a waiver of damages and a statement that the waiver is
optional.
4. A short-term lessor shall not engage in
any unfair, deceptive or coercive conduct to induce a short-term lessee to
purchase a waiver of damages, optional insurance or any other optional good or
service, including, but not limited to, refusing to honor the lessee’s
reservation, limiting the availability of cars, requiring a deposit or debiting
or blocking the lessee’s credit card account for a sum equivalent to a deposit
if the lessee declines to purchase a waiver, optional insurance or any other
optional good or service.
(Added to NRS by 1989, 1622; A 2001, 535; 2003, 982; 2007, 1596)
NRS 482.3157 Restrictions on recovery for damages to leased car by placing
block or processing charge on lessee’s credit card; unfair, deceptive or
coercive conduct prohibited.
1. A short-term lessor of a passenger car
shall not seek to recover any portion of a claim arising out of damage to or
loss of a leased passenger car by causing any block to be placed on the
lessee’s credit card account.
2. A short-term lessor of a passenger car
shall not process a charge on a short-term lessee’s credit card to pay for any
damages to a passenger car leased by the lessee unless the lessor first:
(a) Obtains the written consent of the lessee, on
a form that is separate from the form for the lease, to pay for the damages by
processing a charge on the lessee’s credit card;
(b) Inspects the vehicle upon its return to the
lessor to verify the extent of the damages; and
(c) Provides the lessee with a written estimate
of the cost to repair the damages and the lessee provides the lessor with
written authorization to pay for the damages by processing a charge on the
lessee’s credit card in an amount that does not exceed the amount of the
written estimate.
Ê The lessee
may waive the provisions of paragraph (c) if the inspection conducted pursuant
to paragraph (b) indicates that the cost to repair the damages will not exceed
$500 and the lessee provides the lessor with written authorization to pay for
the damages by processing a charge on the lessee’s credit card in an amount
that does not exceed $500.
3. A short-term lessor of a passenger car
shall not engage in any unfair, deceptive or coercive tactics in attempting to
recover or in recovering on any claim arising out of damage to or loss of a
passenger car.
(Added to NRS by 1989, 1622; A 1991, 1333)
NRS 482.31575 Advertisement of lease: Disclosure of certain information
required; exception.
1. Except as otherwise provided in
subsection 2, a short-term lessor shall advertise, quote and charge a rate for
leasing a passenger car which includes the entire amount that a short-term
lessee must pay to lease the car for the period to which the rate applies,
except taxes, charges for mileage and any fees paid to airports, including,
without limitation, any concession fees which the short-term lessor pays to do
business at an airport and which the short-term lessor charges to the
short-term lessee.
2. The requirements of subsection 1 do not
apply to fees charged pursuant to paragraph (a) or (b) of subsection 1 of NRS 482.313 or additional charges imposed pursuant to
subsection 1 of NRS 482.3158 which are included in
the quotation of an estimated total price for the short-term lease or which are
separately identified and clearly disclosed in the lease agreement.
3. If a short-term lessor states a rate
for lease of a passenger car in a printed advertisement or in a quotation
transmitted by computer or telephone or in person, the lessor shall clearly
disclose in the advertisement or quotation the terms of any mileage conditions
relating to the advertised or quoted rate, including, but not limited to, the
amount of mileage and gas charges, the number of miles for which no charges
will be imposed and a description of geographic driving limitations.
(Added to NRS by 1989, 1622; A 2009, 2143)
NRS 482.3158 Certain additional charges permissible under certain
circumstances; disclosure of certain additional charges required; certain
additional fees prohibited; further prohibitions.
1. The short-term lessor of a passenger
car may impose an additional charge:
(a) Based on reasonable age criteria established
by the lessor.
(b) For any item or a service provided if the
short-term lessee could have avoided incurring the charge by choosing not to
obtain or utilize the optional item or service.
(c) For insurance and accessories requested by
the lessee.
(d) For service incident to the lessee’s optional
return of the passenger car to a location other than the location where the
passenger car was leased.
(e) For refueling the passenger car at the
conclusion of the lease if the lessee did not return the passenger car with as
much fuel as was in the fuel tank at the beginning of the lease.
(f) For any authorized driver in addition to the
short-term lessee but shall not, except as otherwise provided in this
paragraph, charge more than $10 per full or partial 24-hour period for such an
additional authorized driver. The monetary amount set forth in this paragraph
must be adjusted for each fiscal year that begins on or after July 1, 2008, by
adding to that amount the product of that amount multiplied by the percentage
increase in the Consumer Price Index West Urban for All Urban Consumers (All
Items) between the calendar year ending on December 31, 2005, and the calendar
year immediately preceding the fiscal year for which the adjustment is made.
The Department shall, on or before March 1 of each year, publish the adjusted
amount for the next fiscal year on its website or otherwise make that
information available to short-term lessors.
(g) To recover costs incurred by the short-term
lessor as a condition of doing business, including, without limitation:
(1) The short-term lessor’s vehicle
licensing costs; and
(2) Concession, access and other fees
imposed on the short-term lessor by an airport or other facility for the
privilege of operating at the facility.
(h) To recover any fees paid by the short-term
lessor on behalf of the short-term lessee, including, without limitation, a
customer facility charge imposed on the short-term lessee by an airport or
other facility for the privilege of using the facility.
2. The short-term lessor of a passenger
car that wishes to impose an additional charge pursuant to paragraph (g) or (h)
of subsection 1:
(a) Must, at the time the lease commences,
provide the short-term lessee with a lease agreement which clearly discloses
all charges for the entire lease, excluding charges that cannot be determined
at the time the lease commences; and
(b) Must:
(1) At the time the short-term lessee
makes the reservation for the short-term lease of the passenger car, provide a
good faith estimate of the total of all charges for the entire lease, excluding
mileage charges and charges for optional items that cannot be determined based
upon the information provided by the short-term lessee; or
(2) At the time the short-term lessor
provides a price quote or estimate for the short-term lease of the passenger
car, disclose the existence of any vehicle licensing costs and any other
separately stated additional charge.
3. A short-term lessor shall not charge a
short-term lessee, as a condition of leasing a passenger car, an additional fee
for:
(a) Any surcharges required for fuel.
(b) Transporting the lessee to the location where
the passenger car will be delivered to the lessee.
4. If a short-term lessor:
(a) Delivers a passenger car to a short-term
lessee at a location other than the location where the lessor normally carries
on its business, the lessor shall not charge the lessee any amount for the
period before the delivery of the passenger car.
(b) Takes possession of a passenger car from a
short-term lessee at a location other than the location where the lessor
normally carries on its business, the lessor shall not charge the lessee any
amount for the period after the lessee notifies the lessor to take possession
of the passenger car.
(Added to NRS by 1989, 1623; A 2001, 535; 2007, 1597; 2009, 2144)
NRS 482.31583 Conditions for imposing additional charge; authorized and
required actions relating to recovery of vehicle licensing costs; annual report
to Department of Taxation.
1. A short-term lessor that wishes to
impose an additional charge pursuant to NRS 482.3158
to recover its vehicle licensing costs must, not less than annually, make good
faith estimates of:
(a) Its vehicle licensing costs for the calendar
year; and
(b) The charge that must be imposed in each lease
to recover those costs.
2. If the amount of money collected by a
short-term lessor for the recovery of its vehicle licensing costs during a
calendar year is different from the amount of those costs for that year, the
short-term lessor shall:
(a) Retain the amount collected; and
(b) Adjust its estimate of its vehicle licensing
costs and the charge that must be imposed on each lease to recover those costs
for the immediately following calendar year by the amount of the difference.
3. This section does not prevent a
short-term lessor from making adjustments in the amount of its charge to
recover its vehicle licensing costs during the calendar year.
4. A short-term lessor shall annually
report to the Department of Taxation:
(a) The amount of the short-term lessor’s vehicle
licensing costs for the immediately preceding calendar year; and
(b) The amount of money collected by the
short-term lessor for the recovery of its vehicle licensing costs for the
immediately preceding calendar year.
(Added to NRS by 2009, 2141)
NRS 482.31585 Action for damages and equitable relief; attorney’s fees and
costs. A short-term lessee may
bring an action against a short-term lessor for the recovery of damages and
appropriate equitable relief for any violation of NRS
482.3151 to 482.3159, inclusive. The
prevailing party is entitled to recover reasonable attorney’s fees and costs.
(Added to NRS by 1989, 1623)
NRS 482.3159 Waiver of provisions is void. A
waiver of any of the provisions of NRS 482.3151 to
482.3159, inclusive, is contrary to public policy
and is void and unenforceable.
(Added to NRS by 1989, 1623)
VEHICLE TRANSPORTERS
NRS 482.316 Legislative declaration; license issued to vehicle transporter
revocable privilege. The purpose
of licensing vehicle transporters is to protect the public health and safety
and the general welfare of the people of this State. Any license issued
pursuant to NRS 482.316 to 482.3175,
inclusive, is a revocable privilege and a holder of such a license does not
acquire thereby any vested right.
(Added to NRS by 1987, 2077; A 1997, 2069)
NRS 482.3161 Licensing required; applicability of NRS
482.316 to 482.3175, inclusive.
1. A person shall not operate as a vehicle
transporter in this State without a license issued by the Department.
2. The provisions of NRS 482.316 to 482.3175,
inclusive, do not apply to a manufacturer, distributor, dealer, broker or
rebuilder licensed pursuant to the provisions of NRS
482.318 to 482.363, inclusive.
(Added to NRS by 1987, 2077; A 1989, 1422; 1995, 2365; 1997, 2069)
NRS 482.3163 License: Application; fees; renewal. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. An application for a license as a
vehicle transporter must be accompanied by a fee of $100, be submitted on forms
supplied by the Department and include the social security number of the
applicant. The forms must designate the persons whose names are required to
appear on the forms. An additional fee for the processing of fingerprints must
be submitted for each applicant for initial licensure. The Department shall
establish by regulation the fee for processing fingerprints. The fee must not
exceed the sum of the amounts charged by the Central Repository for Nevada
Records of Criminal History and the Federal Bureau of Investigation for
processing the fingerprints.
2. The application for a license as a
vehicle transporter must contain:
(a) The applicant’s name and address; and
(b) Such other information as the Department
requires.
3. Each applicant for initial licensure
shall submit with the application:
(a) A complete set of his or her fingerprints and
written permission authorizing the Department to forward those fingerprints to
the Central Repository for Nevada Records of Criminal History for submission to
the Federal Bureau of Investigation for its report; and
(b) If the applicant is a natural person, the
statement required pursuant to NRS 482.31632.
4. Upon receipt of the application and
when satisfied that the applicant is entitled thereto, the Department shall
issue to the applicant a license as a vehicle transporter.
5. A license issued pursuant to this
section expires on December 31 of each year. Before December 31 of each year, a
licensee must submit to the Department, on forms supplied by the Department and
in the manner specified by the Department, an application for renewal
accompanied by an annual fee for renewal of $50. If the applicant is a natural
person, the application also must be accompanied by the statement required
pursuant to NRS 482.31632.
(Added to NRS by 1987, 2077; A 1991, 273; 1995, 284; 1997, 2069)
NRS 482.3163 License: Application;
fees; renewal. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. An application for a license as a
vehicle transporter must be accompanied by a fee of $100 and be submitted on
forms supplied by the Department. The forms must designate the persons whose
names are required to appear thereon. An additional fee for the processing of
fingerprints must be submitted for each applicant for initial licensure. The
Department shall establish by regulation the fee for processing fingerprints.
The fee must not exceed the sum of the amounts charged by the Central
Repository for Nevada Records of Criminal History and the Federal Bureau of
Investigation for processing the fingerprints.
2. The application for a license as a
vehicle transporter must contain:
(a) The applicant’s name and address; and
(b) Such other information as the Department
requires.
Ê Each
applicant for initial licensure shall submit with the application a complete set
of his or her fingerprints and written permission authorizing the Department to
forward those fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation for its
report.
3. Upon receipt of the application and
when satisfied that the applicant is entitled thereto, the Department shall
issue to the applicant a license as a vehicle transporter.
4. A license issued pursuant to this
section expires on December 31 of each year. Before December 31 of each year, a
licensee must submit to the Department, on forms supplied by the Department and
in the manner specified by the Department, an application for renewal
accompanied by an annual fee for renewal of $50.
(Added to NRS by 1987, 2077; A 1991, 273; 1995, 284; 1997, 2069,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 482.31632 Payment of child support: Statement by applicant for license;
grounds for denial of license; duty of Department. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. An applicant for the issuance or renewal
of a license as a vehicle transporter shall submit to the Department the
statement prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Department shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Department.
3. A license as a vehicle transporter may
not be issued or renewed by the Department if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing the
order for the repayment of the amount owed pursuant to the order, the
Department shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2067)
NRS 482.3165 Fee for issuance of special license plate. Each person who applies for a special license
plate as a vehicle transporter shall pay at the time of application, in
addition to any other fees specified in this chapter, a fee of $25 for each
plate.
(Added to NRS by 1987, 2079)
NRS 482.3167 Bond: Filing; form; deposit in lieu of bond.
1. Before any license as a vehicle
transporter is issued or special license plate is assigned, the applicant shall
procure and file with the Department a good and sufficient bond in the amount
of $100,000 with a corporate surety thereon, licensed to do business within the
State of Nevada, approved as to form by the Attorney General, and conditioned
that the applicant shall conduct business as a vehicle transporter without
fraud or fraudulent representation, and without violation of the provisions of
this chapter.
2. The bond must be continuous in form and
the total aggregate liability on the bond must be limited to the payment of the
total amount of the bond, but in no case may the amount of any judgment in an
action on such a bond exceed the retail value of any vehicle in connection with
which the action was brought.
3. The undertaking on the bond includes
any fraud or fraudulent representation or violation of any of the provisions of
this chapter by any employee of the licensee on behalf of the licensee and
within the scope of his or her employment.
4. The bond must provide that any person
injured by the action of the licensee or an employee of the licensee in
violation of any provisions of this chapter may apply to the Director for
compensation from the bond. The Director, for good cause shown and after notice
and opportunity for hearing, may determine the amount of compensation and the
person to whom it is to be paid. The surety shall then make the payment.
5. In lieu of the bond required by this
section, an applicant may make a deposit with the Department that satisfies the
requirements of NRS 482.346.
(Added to NRS by 1987, 2078; A 1993, 2340)
NRS 482.3169 Issuance of certificates of registration and special license
plates to vehicle transporter.
1. Upon issuance of a license as a vehicle
transporter pursuant to NRS 482.3163, the
Department shall assign to the vehicle transporter one or more registration
certificates and special license plates for use on motor vehicles being
delivered in this State. Each plate must have displayed upon it suitable
characters, as determined by the Department, to identify the vehicle as being
operated by a vehicle transporter. The vehicle transporter’s plates may be used
interchangeably on transported vehicles.
2. The Department may issue to each
vehicle transporter a reasonable number of registration certificates and
license plates.
(Added to NRS by 1987, 2078)
NRS 482.3171 Movement of vehicle with special license plate authorized. A vehicle transporter licensed pursuant to NRS 482.3163 may operate on the highways of this
State any motor vehicle otherwise required to be registered pursuant to this chapter
if there is displayed on the vehicle a special plate assigned to the vehicle
transporter pursuant to NRS 482.3169.
(Added to NRS by 1987, 2078)
NRS 482.3173 Movement of vehicle without special license plate prohibited;
restrictions on use of plates.
1. A vehicle transporter shall not operate
any motor vehicle being transported by the vehicle transporter on the highways
of this State, or permit it to be so operated, unless a license plate assigned
to the vehicle transporter is attached thereto in the manner specified in this
chapter.
2. A vehicle transporter shall not:
(a) Loan the license plates assigned to him or
her to any other person;
(b) Permit those license plates to be used by any
other person or for a purpose other than permitted by NRS
482.316 to 482.3175, inclusive; or
(c) Use those license plates on any vehicle in which
he or she has any ownership interest.
(Added to NRS by 1987, 2078)
NRS 482.3174 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the
Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a license as a
vehicle transporter, the Department shall deem the license issued to that
person to be suspended at the end of the 30th day after the date on which the
court order was issued unless the Department receives a letter issued to the
holder of the license by the district attorney or other public agency pursuant
to NRS 425.550 stating that the holder
of the license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Department shall reinstate a
license as a vehicle transporter that has been suspended by a district court
pursuant to NRS 425.540 if the
Department receives a letter issued by the district attorney or other public
agency pursuant to NRS 425.550 to the
person whose license was suspended stating that the person whose license was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2067)
NRS 482.3175 Grounds for denial, suspension or revocation of license;
hearing.
1. The Department may refuse to issue or
suspend or revoke a license as a vehicle transporter upon any of the following
grounds:
(a) Conviction of a felony in the State of Nevada
or any other state, territory or nation.
(b) Material misstatement in the application for
a license.
(c) Evidence of unfitness of the applicant or
licensee.
(d) Willful failure to comply with the provisions
of this chapter or the regulations adopted pursuant thereto, or any law
relating to the operation of a motor vehicle.
(e) Failure or refusal to furnish and keep in
force any bond.
(f) Failure of the licensee to maintain any other
license required by any political subdivision of this State.
(g) Knowingly having possession of a stolen motor
vehicle or a motor vehicle with a manufacturer’s identification number or other
distinguishing number or identification mark which has been falsely attached,
removed, defaced, altered or obliterated.
(h) Loaning or permitting the improper use of any
special license plate assigned to the vehicle transporter.
2. Any person whose application is denied
or license is suspended or revoked pursuant to this section is entitled to a
hearing as provided in NRS 482.353.
(Added to NRS by 1987, 2079; A 2007, 2362)
CONSIGNMENT OF VEHICLES
NRS 482.31771 Definitions. As
used in NRS 482.31771 to 482.31776,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 482.31772, 482.31773
and 482.31774 have the meanings ascribed to them
in those sections.
(Added to NRS by 1999, 1901)
NRS 482.31772 “Consignee” defined. “Consignee”
means any person licensed pursuant to this chapter to sell or lease vehicles,
or any person who holds himself or herself out as being in the business of
selling, leasing or consigning vehicles.
(Added to NRS by 1999, 1901)
NRS 482.31773 “Consignment” defined. “Consignment”
means any transaction whereby the registered owner or lienholder of a vehicle
subject to registration pursuant to this chapter agrees, entrusts or in any
other manner authorizes a consignee to act as his or her agent to sell,
exchange, negotiate or attempt to negotiate a sale or an exchange of the
interest of the registered owner or lienholder in the vehicle, whether or not
for compensation.
(Added to NRS by 1999, 1901)
NRS 482.31774 “Consignment contract” defined. “Consignment
contract” means a written agreement between a registered owner or lienholder of
a vehicle and a consignee to whom the vehicle has been entrusted by consignment
for the purpose of sale that specifies the terms and conditions of the
consignment and sale.
(Added to NRS by 1999, 1901)
NRS 482.31775 Consignment contract: Required contents. A consignment contract must include, without
limitation:
1. The names of the consignor and
consignee;
2. The date on which the consignment
contract was entered into;
3. A complete description of the vehicle
subject to the consignment contract, including the vehicle identification number,
the year, make and model of the vehicle, and the number of miles registered on
the odometer of the vehicle at the time that the consignment contract is
entered into;
4. The term of the consignment contract;
5. The name of each person or business entity
holding any security interest in the vehicle to be consigned;
6. The minimum sales price for the vehicle
and the disposition of the proceeds therefrom, as agreed upon by the consignor
and consignee; and
7. The signatures of the consignor and
consignee acknowledging all the terms and conditions set forth in the
consignment contract.
(Added to NRS by 1999, 1901)
NRS 482.31776 Duties of consignee; trust account; disclosure statement;
applicability of section; operation of vehicle subject to consignment contract;
written log; prohibited acts; penalties.
1. A consignee of a vehicle shall, upon
entering into a consignment contract or other form of agreement to sell a vehicle
owned by another person:
(a) Open and maintain a separate trust account in
a federally insured bank or savings and loan association that is located in
this State, into which the consignee shall deposit all money received from a
prospective buyer as a deposit, or as partial or full payment of the purchase
price agreed upon, toward the purchase or transfer of interest in the vehicle.
A consignee of a vehicle shall not:
(1) Commingle the money in the trust
account with any other money that is not on deposit or otherwise maintained
toward the purchase of the vehicle subject to the consignment contract or
agreement; or
(2) Use any money in the trust account to
pay his or her operational expenses for any purpose that is not related to the
consignment contract or agreement.
(b) Obtain from the consignor, before receiving
delivery of the vehicle, a signed and dated disclosure statement that is
included in the consignment contract and provides in at least 10-point bold
type or font:
IMPORTANT
NOTICE TO VEHICLE OWNERS
State law (NRS
482.31776) requires that the operator of this business file a Uniform
Commercial Code 1 (UCC1) form with the Office of the Secretary of State on your
behalf to protect your interest in your vehicle. The form is required to
protect your vehicle from forfeiture in the event that the operator of this
business fails to meet his or her financial obligations to a third party
holding a security interest in his or her inventory. The form must be filed by
the operator of this business before the operator may take possession of your
vehicle. If the form is not filed as required, YOU MAY LOSE YOUR VEHICLE
THROUGH NO FAULT OF YOUR OWN. For a copy of the UCC1 form filed on your behalf
or for more information, please contact:
The
Office of the Secretary of State of Nevada
Uniform
Commercial Code Division
(775)
684-5708
I understand and acknowledge the
above disclosure.
.................................. ...............
Consignee Signature Date
(c) Assist the consignor in completing, with
respect to the consignor’s purchase-money security interest in the vehicle, a
financing statement of the type described in subsection 5 of NRS 104.9317 and shall file the financing
statement with the Secretary of State on behalf of the consignor. If a
consignee has previously granted to a third party a security interest with an
after-acquired property clause in the consignee’s inventory, the consignee
additionally shall assist the consignor in sending an authenticated
notification, as described in paragraph (b) of subsection 1 of NRS 104.9324, to each holder of a
conflicting security interest. The consignee must not receive delivery of the
vehicle until the consignee has:
(1) Filed the financing statement with the
Secretary of State; and
(2) If applicable, assisted the consignor
in sending an authenticated notification to each holder of a conflicting
security interest.
2. Upon the sale or transfer of interest
in the vehicle, the consignee shall forthwith:
(a) Satisfy or cause to be satisfied all
outstanding security interests in the vehicle; and
(b) Satisfy the financial obligations due the
consignor pursuant to the consignment contract.
3. Upon the receipt of money by delivery
of cash, bank check or draft, or any other form of legal monetary exchange, or
after any form of transfer of interest in a vehicle, the consignee shall notify
the consignor that the money has been received or that a transfer of interest
in the vehicle has occurred. Notification by the consignee to the consignor
must be given in person or, in the absence of the consignor, by registered or
certified mail addressed to the last address or residence of the consignor
known to the consignee. The notification must be made within 3 business days
after the date on which the money is received or the transfer of interest in
the vehicle is made.
4. The provisions of this section do not
apply to:
(a) An executor;
(b) An administrator;
(c) A sheriff;
(d) A salvage pool subject to the provisions of NRS 487.400 to 487.510, inclusive; or
(e) Any other person who sells a vehicle pursuant
to the powers or duties granted to or imposed on him or her by specific
statute.
5. Notwithstanding any provision of NRS 482.423 to 482.4247,
inclusive, to the contrary, a vehicle subject to a consignment contract may not
be operated by the consignee, an employee or agent of the consignee, or a
prospective buyer in accordance with NRS 482.423 to
482.4247, inclusive, by displaying a temporary
placard to operate the vehicle unless the operation of the vehicle is
authorized by the express written consent of the consignor.
6. A vehicle subject to a consignment
contract may not be operated by the consignee, an employee or agent of the
consignee, or a prospective buyer in accordance with NRS
482.320 by displaying a special plate unless the operation of the vehicle
is authorized by the express written consent of the consignor.
7. A consignee shall maintain a written
log for each vehicle for which he or she has entered into a consignment
contract. The written log must include:
(a) The name and address, or place of residence,
of the consignor;
(b) A description of the vehicle consigned,
including the year, make, model and serial or identification number of the
vehicle;
(c) The date on which the consignment contract is
entered into;
(d) The period that the vehicle is to be
consigned;
(e) The minimum agreed upon sales price for the
vehicle;
(f) The approximate amount of money due any
lienholder or other person known to have an interest in the vehicle;
(g) If the vehicle is sold, the date on which the
vehicle is sold;
(h) The date that the money due the consignor and
the lienholder was paid;
(i) The name and address of the federally insured
bank or savings and loan association in which the consignee opened the trust
account required pursuant to subsection 1; and
(j) The signature of the consignor acknowledging
that the terms of the consignment contract were fulfilled or terminated, as
appropriate.
8. A person who:
(a) Appropriates, diverts or otherwise converts
to his or her own use money in a trust account opened pursuant to paragraph (a)
of subsection 1 or otherwise subject to a consignment contract or agreement is
guilty of embezzlement and shall be punished in accordance with NRS 205.300. The court shall, in addition
to any other penalty, order the person to pay restitution.
(b) Violates paragraphs (b) or (c) of subsection
1 is guilty of a misdemeanor. The court shall, in addition to any other
penalty, order the person to pay restitution.
(c) Violates any other provision of this section
is guilty of a misdemeanor.
(Added to NRS by 1999, 1901; A 2001, 912; 2003, 669; 2009, 1742)
MANUFACTURERS, REBUILDERS, DISTRIBUTORS, DEALERS, BROKERS,
SALESPERSONS AND LESSORS
Licensing and Regulation
NRS 482.318 Legislative declaration. The
Legislature finds and declares that the distribution and sale of motor vehicles
in the State of Nevada vitally affects the general economy of the State and the
public interest and the public welfare, and in the exercise of its police
power, it is necessary to regulate and to license motor vehicle manufacturers,
distributors, new and used vehicle dealers, brokers, rebuilders, leasing
companies, salespersons, and their representatives doing business in the State
of Nevada in order to prevent frauds, impositions and other abuse upon its
citizens.
(Added to NRS by 1965, 1471; A 1971, 1302; 1995, 2365)
NRS 482.319 Statement regarding payment of child support by applicant for
license; grounds for denial of license; duty of Department. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. Except as otherwise provided in
subsection 5, a natural person who applies for the issuance or renewal of a
license issued pursuant to the provisions of NRS
482.318 to 482.363105, inclusive, shall
submit to the Department the statement prescribed by the Division of Welfare
and Supportive Services of the Department of Health and Human Services pursuant
to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Department shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Department.
3. A license may not be issued or renewed
by the Department pursuant to the provisions of NRS
482.318 to 482.363105, inclusive, if the
applicant is a natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Department shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
5. If a licensee renews an existing
license electronically, the licensee shall keep the original of the statement
required pursuant to subsection 1 at his or her place of business for not less
than 3 years after submitting the electronic renewal. The statement must be
available during business hours for inspection by any authorized agent of the
Director or the State of Nevada.
(Added to NRS by 1997, 2068; A 2007, 3203)
NRS 482.3195 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the
Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a license
issued pursuant to NRS 482.318 to 482.363105, inclusive, the Department shall deem
the license issued to that person to be suspended at the end of the 30th day
after the date on which the court order was issued unless the Department
receives a letter issued to the holder of the license by the district attorney
or other public agency pursuant to NRS 425.550
stating that the holder of the license has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Department shall reinstate a
license issued pursuant to NRS 482.318 to 482.363105, 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 NRS by 1997, 2068)
NRS 482.320 Manufacturers, distributors, dealers and rebuilders: Special
plates required for movement of new and used vehicles; exceptions.
1. Except as otherwise provided in NRS 482.31776, a manufacturer, distributor, dealer
or rebuilder who has an established place of business in this State and who
owns or controls any new or used vehicle of a type otherwise required to be
registered under the provisions of this chapter, may operate that vehicle or
allow it to be operated for purposes of display, demonstration, maintenance,
sale or exchange if there is displayed thereon a special plate or plates issued
to the manufacturer, distributor, dealer or rebuilder as provided in NRS 482.275 and 482.330.
Owners or officers of the corporation, managers, heads of departments and
salespersons may be temporarily assigned and operate a vehicle displaying such
plates.
2. The provisions of this section do not
apply to:
(a) Work or service vehicles owned or controlled
by a manufacturer, distributor, dealer or rebuilder.
(b) Vehicles leased by dealers, except vehicles
rented or leased to vehicle salespersons in the course of their employment.
(c) Vehicles which are privately owned by the
owners, officers or employees of the manufacturer, distributor, dealer or
rebuilder.
(d) Vehicles which are being used for personal
reasons by a person who is not licensed by the Department or otherwise exempted
in subsection 1.
(e) Vehicles which have been given or assigned to
persons who work for a manufacturer, distributor, dealer or rebuilder for
services performed.
(f) Vehicles purchased by a manufacturer,
distributor, dealer or rebuilder for personal use which the manufacturer,
distributor, dealer or rebuilder is not licensed or authorized to resell.
[Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280;
1955, 468]—(NRS A 1957, 506; 1959, 913; 1960, 128; 1963, 103; 1965, 1473; 1971,
1303; 1981, 190;
1983, 1000;
1993, 2341;
1999, 1903;
2007, 3204)
NRS 482.322 Vehicle dealers, manufacturers, distributors and rebuilders:
Licenses required; additional restriction upon activities of new vehicle
dealer; license does not extend to mobile homes; Department to investigate
applicant; penalties for violations.
1. Except as otherwise provided in
subsection 2 and NRS 482.3225, a person shall not
engage in the activities of a new vehicle dealer, used vehicle dealer,
manufacturer, distributor or rebuilder in this State until the person has been
issued:
(a) A new vehicle dealer’s, used vehicle
dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license
certificate or similar license or permit by every city within whose corporate
limits the person maintains an established place of business and by every
county in which the person maintains an established place of business outside
the corporate limits of a city; and
(b) A license by the Department. The Department
shall not issue a license to the person until he or she has been issued all
certificates, licenses and permits required by paragraph (a).
2. Except for a manufacturer described in
subsection 2 of NRS 482.078, a person licensed as a
dealer pursuant to this chapter shall not engage in the activities of a new
vehicle dealer until he or she has provided the Department with satisfactory
proof that the person is authorized by a manufacturer to display and offer for
sale vehicles produced or distributed by that manufacturer.
3. A vehicle dealer’s, manufacturer’s or
rebuilder’s license issued pursuant to this chapter does not permit a person to
engage in the business of a new or used mobile home dealer, manufacturer or
rebuilder.
4. The Department shall investigate any
applicant for a dealer’s, manufacturer’s, distributor’s, rebuilder’s or
lessor’s license certificate or license and complete an investigation report on
a form provided by the Department.
5. A person who violates subsection 1 or 2
is guilty of:
(a) For a first offense, a misdemeanor.
(b) For a second offense, a gross misdemeanor.
(c) For a third and any subsequent offense, a
category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1957, 509; A 1963, 68; 1965, 1474;
1971, 1303; 1975, 1072, 1534, 1576; 1979, 1024, 1223; 1981, 1045; 1983, 1001; 1991, 755; 1995, 776, 2355; 2007, 3205;
2014, 28th Special Session, 4)
NRS 482.3225 Conditions under which charitable organization not required to
obtain certain licensure. A
charitable organization may sell a vehicle which has been donated to the
organization without complying with the provisions of subsection 1 of NRS 482.322 if:
1. No member, director, officer, employee
or agent of the charitable organization has a pecuniary interest in the sale of
the vehicle; and
2. The charitable organization ensures
that the insurance required pursuant to NRS
485.185 is provided for that vehicle until it is purchased.
(Added to NRS by 1995, 2354; A 1997, 624)
NRS 482.323 Established place of business required for dealers, short-term
lessors and brokers; notification of Department of branches by short-term
lessors.
1. Except as otherwise provided in
subsections 2 and 3, every vehicle dealer shall maintain an established place
of business in this State which:
(a) Includes a permanent enclosed building, owned
in fee or leased, with sufficient space to display one or more vehicles which
the dealer is licensed to sell; and
(b) Is principally used by the dealer to conduct
his or her business.
2. Every used vehicle dealer, trailer
dealer or semitrailer dealer shall maintain an established place of business in
this State which has:
(a) Sufficient space to display one or more
vehicles;
(b) Boundaries which are clearly marked; and
(c) A permanent enclosed building large enough to
accommodate his or her office and provide a safe place to keep the books and
other records of the business.
3. A short-term lessor shall:
(a) Designate his or her principal place of business
as the short-term lessors established place of business and each other location
where the short-term lessor conducts business as a branch that is operated
pursuant to the license for the principal place of business.
(b) Notify the Department of each branch at which
he or she conducts business by filing, on forms provided by the Department,
such information pertaining to each branch as required by the Department.
4. Every broker shall maintain an
established place of business in this State which is in a permanent building
with sufficient space to accommodate his or her office.
(Added to NRS by 1981, 1044; A 1995, 2366; 1997, 2992)
NRS 482.325 Manufacturers, distributors, dealers and rebuilders: Application
for license; fees; issuance of certificate; renewal of license. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. An application for a manufacturer’s,
distributor’s, dealer’s or rebuilder’s license must be filed upon forms
supplied by the Department and include the social security number of the
applicant. The forms must designate the persons whose names are required to
appear thereon. The applicant shall furnish:
(a) Such proof as the Department may deem
necessary that the applicant is a manufacturer, distributor, dealer or
rebuilder.
(b) A fee of $125.
(c) A fee for the processing of fingerprints. The
Department shall establish by regulation the fee for processing fingerprints.
The fee must not exceed the sum of the amounts charged by the Central
Repository for Nevada Records of Criminal History and the Federal Bureau of
Investigation for processing the fingerprints.
(d) For initial licensure, a complete set of fingerprints
and written permission authorizing the Department to forward those fingerprints
to the Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report.
(e) If the applicant is a natural person, the
statement required pursuant to NRS 482.319.
(f) A certificate of insurance for automobile
liability.
2. Upon receipt of the application and
when satisfied that the applicant is entitled thereto, the Department shall
issue to the applicant a dealer’s, manufacturer’s, distributor’s or rebuilder’s
license containing the name of the licensee and the address of the licensee’s
established place of business or the address of the main office of a
manufacturer without an established place of business in this State.
3. Licenses issued pursuant to this
section expire on December 31 of each year. Before December 31 of each year, a
licensee must furnish the Department with an application for renewal of the
license accompanied by an annual fee of $50. If the applicant is a natural
person, the application for renewal also must be accompanied by the statement
required pursuant to NRS 482.319. The additional
fee for the processing of fingerprints, established by regulation pursuant to
paragraph (c) of subsection 1, must be submitted for each applicant whose name
does not appear on the original application for the license. The renewal
application must be provided by the Department and contain information required
by the Department.
[Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280;
1955, 468]—(NRS A 1957, 507; 1960, 129; 1965, 1474; 1969, 705; 1971, 1303;
1975, 1072; 1981,
190; 1983,
1001; 1991,
273; 1993,
2341; 1995,
285; 1997,
2070)
NRS 482.325 Manufacturers,
distributors, dealers and rebuilders: Application for license; fees; issuance
of certificate; renewal of license. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. Applications for a manufacturer’s,
distributor’s, dealer’s or rebuilder’s license must be filed upon forms
supplied by the Department. The forms must designate the persons whose names
are required to appear thereon. The applicant shall furnish:
(a) Such proof as the Department may deem
necessary that the applicant is a manufacturer, distributor, dealer or
rebuilder.
(b) A fee of $125.
(c) A fee for the processing of fingerprints. The
Department shall establish by regulation the fee for processing fingerprints.
The fee must not exceed the sum of the amounts charged by the Central
Repository for Nevada Records of Criminal History and the Federal Bureau of
Investigation for processing the fingerprints.
(d) For initial licensure, a complete set of
fingerprints and written permission authorizing the Department to forward those
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report.
(e) A certificate of insurance for automobile
liability.
2. Upon receipt of the application and
when satisfied that the applicant is entitled thereto, the Department shall
issue to the applicant a dealer’s, manufacturer’s, distributor’s or rebuilder’s
license certificate containing the latter’s name and the address of the
licensee’s established place of business or the address of the main office of a
manufacturer without an established place of business in this State.
3. Licenses issued pursuant to this
section expire on December 31 of each year. Before December 31 of each year, a
licensee must furnish the Department with an application for renewal of the
license accompanied by an annual fee of $50. The additional fee for the
processing of fingerprints, established by regulation pursuant to paragraph (c)
of subsection 1, must be submitted for each applicant whose name does not
appear on the original application for the license. The renewal application
must be provided by the Department and contain information required by the
Department.
[Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280;
1955, 468]—(NRS A 1957, 507; 1960, 129; 1965, 1474; 1969, 705; 1971, 1303;
1975, 1072; 1981,
190; 1983,
1001; 1991,
273; 1993,
2341; 1995,
285; 1997,
2070, effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings)
NRS 482.3253 Factors Director must consider before renewing license of
manufacturer, distributor, rebuilder or dealer; authority of Director to
require bond. The Director shall,
before renewing any license issued pursuant to NRS
482.325, consider:
1. The number and types of complaints
received against a manufacturer, distributor, rebuilder or dealer by the
Department; and
2. Any administrative fines imposed upon
the manufacturer, distributor, rebuilder or dealer by the Department pursuant
to NRS 482.554 and 482.565,
Ê and may
require the manufacturer, distributor, rebuilder or dealer to provide a good
and sufficient bond in the amount set forth in subsection 1 of NRS 482.345 for each category of vehicle sold at each
place of business and in each county in which the manufacturer, distributor,
rebuilder or dealer is licensed to do business.
(Added to NRS by 2007, 3200)
NRS 482.3255 Denial or revocation of license: Evidence of unfitness of
applicant or licensee. Evidence of
unfitness of an applicant or a licensee for purposes of denial or revocation of
a license may consist of, but is not limited to:
1. Failure to discharge a lienholder on a
vehicle within 30 days after it is traded to the dealership.
2. Being the former holder of or being a
partner, officer, director, owner or manager involved in management decisions
of a dealership which held a license issued pursuant to NRS
482.325 which was revoked for cause and never reissued or was suspended
upon terms which were never fulfilled.
3. Defrauding or attempting to defraud the
State or a political subdivision of any taxes or fees in connection with the
sale or transfer of a vehicle.
4. Forging the signature of the registered
or legal owner of a vehicle on a certificate of title.
5. Purchasing, selling, otherwise
disposing of or possessing any vehicle which the applicant or licensee knows,
or a reasonable person should know, is stolen or otherwise illegally
appropriated.
6. Willfully failing to deliver to a
purchaser or the purchaser’s lienholder a certificate of title to a vehicle the
applicant or licensee has sold.
7. Refusing to allow an agent of the
Department to inspect, during normal business hours, all books, records and
files of the dealership which are maintained within the State.
8. Any fraud which includes, but is not
limited to:
(a) Misrepresentation in any manner, whether
intentional or grossly negligent, of a material fact.
(b) An intentional failure to disclose a material
fact.
9. Willful failure to comply with any
regulation adopted by the Department.
10. Knowingly submitting or causing to be
submitted any false, forged or otherwise fraudulent document to the Department
to obtain a lien, title, salvage title or certificate of ownership or any
duplicate thereof for a vehicle.
11. Knowingly causing or allowing a false,
forged or otherwise fraudulent document to be maintained as a record of his or
her business.
12. Violating the provisions of NRS 482.555 which involved the sale or transfer of interest
in a vehicle.
(Added to NRS by 1981, 1045; A 2003, 461; 2007, 3205)
NRS 482.3256 Licensees to post licenses in conspicuous place visible to
public. A dealer, rebuilder,
manufacturer, distributor, broker or long-term or short-term lessor licensed
under the provisions of this chapter shall post his or her license, and all
licenses issued to persons in his or her employ who are licensed as
salespersons, in a conspicuous place clearly visible to the general public at
the location described in the license.
(Added to NRS by 2007, 3199)
NRS 482.3257 Dealers: Activities constituting prima facie evidence that
person is acting as dealer. Except
as otherwise provided in subsection 2 of NRS 482.020,
the following activities are prima facie evidence that a person is engaged in
the activities of a vehicle dealer:
1. A person displays for sale, sells or
offers for sale any vehicle which he or she does not personally own;
2. A person demonstrates, or allows the
demonstration or operation of, any vehicle for the purpose of sale or future
sale or as an inducement to purchase the vehicle; or
3. A person engages in an activity
specified by subsection 1 of NRS 482.020 or any
other act regarding a vehicle which would lead a reasonable person to believe
that he or she may purchase that vehicle or a similar vehicle.
(Added to NRS by 2007, 3200)
NRS 482.326 Dealers: Location and name of business; designation of principal
place of business and branches; branches may be operated under authority of
license for principal place of business under certain conditions; change of
name or location.
1. A vehicle dealer shall inform the
Department of the location of each place at which the vehicle dealer conducts
any business, and the name under which he or she does business at each
location.
2. If a vehicle dealer does business at
more than one location, the vehicle dealer shall designate one location in each
county in which he or she does business as his or her principal place of
business for that county and one name as the principal name of the business.
The vehicle dealer shall designate all other business locations not otherwise
designated as a principal place of business pursuant to this subsection as
branches.
3. A vehicle dealer who maintains a
principal place of business and one or more businesses designated as branches
may operate those branches under the authority of the license issued by the
Department to the principal place of business under the following conditions:
(a) The principal and branch locations are owned
and operated by the same principal or group of principals listed on the records
of the Department for the principal place of business;
(b) The sales activities conducted at a branch
location are the same as those authorized by the Department at the principal
place of business;
(c) The principal place of business and each
branch location are located within the same county;
(d) The principal place of business and each
branch location maintains the appropriate city or county license;
(e) The closest boundary of a branch location is
not more than 500 feet from the principal place of business;
(f) The business sign displayed at each branch
location meets the requirements of NRS 482.332 and
is essentially the same in name, style and design as that of the principal
place of business;
(g) Sales transactions originating at a branch
location must be culminated, and the records of the transaction maintained, at
the principal place of business; and
(h) The vehicle dealer shall provide all
documentation which the Department deems necessary to ensure that each business
location is operated in accordance with the provisions of this chapter and all
other applicable laws and regulations established for the operation of a
vehicle sales business in this State.
4. If a vehicle dealer changes the name or
location of any of his or her established places of business, the vehicle
dealer shall not conduct business as a vehicle dealer under the new name or at
the new location until he or she has been issued a license for the new name or
location from the Department.
(Added to NRS by 1979, 1023; A 1997, 91; 2007, 3206)
NRS 482.3263 Books and records of dealers and brokers: Location; inspection
and copying; retention.
1. A dealer shall keep his or her books
and records for all locations at which the dealer does business within a county
at his or her principal place of business in that county. A broker shall keep
his or her books and records at his or her principal place of business.
2. Each dealer and broker shall:
(a) Permit any authorized agent of the Director
or the State of Nevada to inspect and copy the books and records during usual
business hours; or
(b) Not later than 3 business days after
receiving a request from such a person for the production of the books and
records or any other information, provide the requested books, records and
other information to the person at the location specified in the request.
3. A dealer or broker shall retain the
books and records for 3 years after he or she ceases to be licensed as a dealer
or broker.
(Added to NRS by 1981, 1044; A 1993, 2342; 1995, 2366; 1997, 92)
NRS 482.327 Dealers: License for each branch; exception; contents of
license; posting of license; temporary license.
1. If a vehicle dealer, other than a
short-term lessor, has one or more branches, the dealer shall procure from the
Department a license for each branch in addition to the license issued for his
or her principal place of business.
2. The Department shall specify on each
license it issues:
(a) The name of the licensee;
(b) The location for which the license is issued;
and
(c) The name under which the licensee does
business at that location.
3. Each vehicle dealer shall post each
license issued to the dealer by the Department in a conspicuous place clearly
visible to the general public at the location described in the license.
4. The Department shall, by regulation,
provide for the issuance of a temporary license for a licensed dealer to
conduct business at a temporary location. Any such regulations must include the
imposition of a reasonable fee for the issuance of the temporary license.
(Added to NRS by 1979, 1024; A 1993, 2342; 1997, 1515, 2993; 1999, 629)
NRS 482.3275 Dealers: Signatures not required to be acknowledged on documents
required to be filed with Department or other state agencies; exception. Except as otherwise provided in NRS 482.346, the Department or any other agency of
this State shall not require that a dealer have his or her signature
acknowledged before a notary public or any other person authorized to take
acknowledgments in this State on any document the dealer is required to file
with the Department or agency.
(Added to NRS by 1995, 2354)
NRS 482.3277 Dealers: Certain purchasers and prospective purchasers to be
allowed to view certain documents in Spanish language. Each
vehicle dealer who advertises that the Spanish language is spoken at his or her
place of business or who conducts business by communicating in Spanish with a
purchaser or prospective purchaser regarding the potential purchase of a motor
vehicle shall, upon the request of a purchaser or prospective purchaser of a
motor vehicle with whom the vehicle dealer or the dealer’s agent is
communicating or has communicated in Spanish as a part of the preliminary
discussions and negotiations regarding the purchase or potential purchase of
the vehicle, allow the purchaser or prospective purchaser to view the version
of the forms for the application for credit and contracts to be used in the
sale of vehicles which have been translated into Spanish pursuant to subsection
3 of NRS 97.299.
(Added to NRS by 2003, 1905)
NRS 482.328 Vehicle taken in trade: Satisfaction of outstanding security
interest. If a licensed dealer
takes a vehicle in trade on the purchase of another vehicle and there is an
outstanding security interest, the licensed dealer shall satisfy the outstanding
security interest within 30 days after the vehicle is taken in trade on the
purchase of the other vehicle.
(Added to NRS by 1987, 1084)
NRS 482.330 Manufacturers, distributors, dealers and rebuilders:
Certificates of registration and special plates for vehicles provided by
Department upon licensing; special plates for loaned vehicles; limitation.
1. Upon issuance of a dealer’s,
distributor’s, manufacturer’s or rebuilder’s license certificate pursuant to NRS 482.322, the Department shall furnish to the
manufacturer, distributor, dealer or rebuilder one or more registration
certificates and special plates for use on the vehicles described in the
provisions of NRS 482.320. Each plate must have
displayed upon it the identification number which is assigned to the dealer,
distributor, manufacturer or rebuilder, and may at the discretion of the
Department have a different letter or symbol on each plate or pair of plates.
The manufacturer’s, distributor’s, dealer’s or rebuilder’s license plates may
be used interchangeably on that vehicle.
2. The Department shall issue to each
dealer a reasonable number of registration certificates and license plates.
3. The Department shall provide by
regulation for the issuance of special license plates to dealers or rebuilders
and for the number of those plates for use on vehicles loaned by those dealers
or rebuilders to:
(a) Customers in the course of business.
(b) The State of Nevada.
(c) The Nevada System of Higher Education.
(d) A school district.
(e) A county, city or town.
(f) An organization that is exempt from taxation
pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code.
Ê The
regulations must prescribe what use may be made of the plates and the persons
who may operate a motor vehicle with those plates.
4. Notwithstanding the provisions of
subsection 3, a dealer may use not more than six special plates from the total
number of plates issued pursuant to this section for personal use by the dealer
or a member of the dealer’s immediate family.
[Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280;
1955, 468]—(NRS A 1960, 130; 1965, 1474; 1971, 1304; 1975, 1576; 1979, 1224; 1983, 1002; 1999, 1370; 2007, 3207)
NRS 482.332 Dealers, manufacturers, lessors, rebuilders and brokers: Duty to
affix legible sign containing name of business; exception.
1. Except as otherwise provided in
subsection 2, at each of his or her established places of business, each
vehicle dealer, manufacturer, lessor, rebuilder and broker shall permanently
affix a sign containing the name of the business in lettering of sufficient
size to be clearly legible from the center of the nearest street or roadway,
except that the lettering must be at least 8 inches high and formed by lines
that are at least 1-inch wide.
2. Upon approval of the Director, and in
accordance with all other city and county ordinances, a vehicle dealer or a
long-term or short-term lessor may be exempted from the requirements of
subsection 1 if:
(a) The established place of business or branch
location is located within the confines of another business;
(b) The other place of business is the primary
business at that location; and
(c) The primary business is not licensed pursuant
to any provision of this chapter.
(Added to NRS by 1979, 1023; A 1997, 1515; 2007, 3207)
NRS 482.333 Brokers: Licensing; fees; disclosure of financial records;
penalty. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. A person shall not engage in the
activity of a broker of vehicles in this State without first having received a
license from the Department. Before issuing a license to a broker, the
Department shall require:
(a) An application, signed and verified by the
applicant, stating that the applicant desires to be licensed as a broker, his
or her residential address, his or her social security number and the address
of his or her principal place of business;
(b) A statement as to whether any previous
application of the applicant for a license as a vehicle dealer or broker has
been denied or whether such a license has been suspended or revoked;
(c) Payment of a nonrefundable license fee of
$125;
(d) For initial licensure, the submission of a
complete set of the applicant’s fingerprints and written permission authorizing
the Department to forward those fingerprints to the Central Repository for
Nevada Records of Criminal History for submission to the Federal Bureau of
Investigation for its report; and
(e) Any other information the Department deems
necessary.
Ê A license
issued pursuant to this section expires on December 31 of the year in which it
was issued and may be renewed annually upon the payment of a fee of $50.
2. The Department may deny the issuance of,
suspend or revoke a license to engage in the activities of a broker of vehicles
upon any of the following grounds:
(a) Failure of the applicant to have an
established place of business in this State.
(b) Conviction of a felony in this State or any
other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant or
licensee.
(e) Failure or refusal to provide to the
Department an authorization for the disclosure of financial records for the
business as required pursuant to subsection 6.
(f) Willful failure to comply with a provision of
the motor vehicle laws of this State or a directive of the Director. For the
purpose of this paragraph, failure to comply with a directive of the Director
advising the licensee of noncompliance with a provision of the motor vehicle
laws of this State or a regulation of the Department, within 10 days after the
receipt of the directive, is prima facie evidence of willful failure to comply
with the directive.
(g) Failure or refusal to furnish and keep in
force any bond.
(h) Failure on the part of the licensee to
maintain a fixed place of business in this State.
(i) Failure or refusal by the licensee to pay or
otherwise discharge a final judgment against the licensee rendered and entered
against the licensee, arising out of the misrepresentation of a vehicle,
trailer or semitrailer, or out of a fraud committed in connection with the
brokering of a vehicle, trailer or semitrailer.
(j) Failure of the licensee to maintain any other
license or bond required by a political subdivision of this State.
(k) Any other reason determined by the Director
to be in the best interests of the public.
Ê The Director
may deny the issuance of a license to an applicant or revoke a license already
issued if the Department is satisfied that the applicant or licensee is not
entitled thereto.
3. If an application for a broker’s
license has been denied, the applicant may not reapply sooner than 6 months
after the denial.
4. A broker’s license must be posted in a
conspicuous place on the premises of the broker’s principal place of business.
5. If any information submitted in the
application for a broker’s license changes, the broker shall submit a written
notice of the change to the Department within 10 days after the change occurs.
6. Upon the receipt of any report or
complaint alleging that an applicant or a licensee has engaged in financial
misconduct or has failed to satisfy financial obligations related to the
activity of a broker of vehicles, the Department may require the applicant or
licensee to submit to the Department an authorization for the disclosure of
financial records for the business as provided in NRS 239A.090. The Department may use any
information obtained pursuant to such an authorization only to determine the
suitability of the applicant or licensee for initial or continued licensure.
Information obtained pursuant to such an authorization may be disclosed only to
those employees of the Department who are authorized to issue a license to an
applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of
an applicant or a licensee for such licensure.
7. Except as otherwise provided in NRS 482.555, any person who fails to comply with the
provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1995, 2362; A 1997, 143, 2070; 1999, 961)
NRS 482.333 Brokers: Licensing; fees;
disclosure of financial records; penalty. [Effective on the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. A person shall not engage in the
activity of a broker of vehicles in this State without first having received a
license from the Department. Before issuing a license to a broker, the
Department shall require:
(a) An application, signed and verified by the
applicant, stating that the applicant desires to be licensed as a broker, his
or her residential address and the address of his or her principal place of
business;
(b) A statement as to whether any previous
application of the applicant for a license as a vehicle dealer or broker has
been denied or whether such a license has been suspended or revoked;
(c) Payment of a nonrefundable license fee of
$125;
(d) For initial licensure, the submission of a
complete set of the applicant’s fingerprints and written permission authorizing
the Department to forward those fingerprints to the Central Repository for
Nevada Records of Criminal History for submission to the Federal Bureau of
Investigation for its report; and
(e) Any other information the Department deems
necessary.
Ê A license
issued pursuant to this section expires on December 31 of the year in which it
was issued and may be renewed annually upon the payment of a fee of $50.
2. The Department may deny the issuance
of, suspend or revoke a license to engage in the activities of a broker of
vehicles upon any of the following grounds:
(a) Failure of the applicant to have an
established place of business in this State.
(b) Conviction of a felony in this State or any
other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant or
licensee.
(e) Failure or refusal to provide to the
Department an authorization for the disclosure of financial records for the
business as required pursuant to subsection 6.
(f) Willful failure to comply with a provision of
the motor vehicle laws of this State or a directive of the Director. For the
purpose of this paragraph, failure to comply with a directive of the Director
advising the licensee of his or her noncompliance with a provision of the motor
vehicle laws of this State or a regulation of the Department, within 10 days
after the receipt of the directive, is prima facie evidence of willful failure
to comply with the directive.
(g) Failure or refusal to furnish and keep in
force any bond.
(h) Failure on the part of the licensee to
maintain a fixed place of business in this State.
(i) Failure or refusal by the licensee to pay or
otherwise discharge a final judgment against the licensee rendered and entered
against the licensee, arising out of the misrepresentation of a vehicle,
trailer or semitrailer, or out of a fraud committed in connection with the
brokering of a vehicle, trailer or semitrailer.
(j) Failure of the licensee to maintain any other
license or bond required by a political subdivision of this State.
(k) Any other reason determined by the Director
to be in the best interests of the public.
Ê The Director
may deny the issuance of a license to an applicant or revoke a license already
issued if the Department is satisfied that the applicant or licensee is not
entitled thereto.
3. If an application for a broker’s
license has been denied, the applicant may not reapply sooner than 6 months
after the denial.
4. A broker’s license must be posted in a
conspicuous place on the premises of the broker’s principal place of business.
5. If any information submitted in the
application for a broker’s license changes, the broker shall submit a written
notice of the change to the Department within 10 days.
6. Upon the receipt of any report or
complaint alleging that an applicant or a licensee has engaged in financial
misconduct or has failed to satisfy financial obligations related to the
activity of a broker of vehicles, the Department may require the applicant or
licensee to submit to the Department an authorization for the disclosure of
financial records for the business as provided in NRS 239A.090. The Department may use any
information obtained pursuant to such an authorization only to determine the
suitability of the applicant or licensee for initial or continued licensure.
Information obtained pursuant to such an authorization may be disclosed only to
those employees of the Department who are authorized to issue a license to an
applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of
an applicant or a licensee for such licensure.
7. Except as otherwise provided in NRS 482.555, any person who fails to comply with the
provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1995, 2362; A 1997, 143, 2070; 1999, 961,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 482.3331 Director to consider certain matters before renewing license of
broker; authority of Director to require bond. The
Director shall, before renewing any license issued pursuant to NRS 482.333, consider:
1. The number and types of complaints
received against a broker by the Department; and
2. Any administrative fines imposed upon
the broker by the Department pursuant to NRS 482.554
and 482.565,
Ê and may
require the broker to provide a good and sufficient bond in the amount set
forth in subsection 1 of NRS 482.345 for each
category of vehicle for which services are provided at each place of business
and in each county in which the broker is licensed to do business.
(Added to NRS by 1995, 2363; A 2007, 3208)
NRS 482.3333 Brokers: Duty to procure and file bond with Department; amount
of bond; use of bond to cover multiple categories of vehicles; requirements for
bond; recourse for consumers injured by broker or employee.
1. Before a person may be licensed as a
broker, the person must procure and file with the Department a good and
sufficient bond in the amount of $100,000 with a corporate surety thereon
licensed to do business within the State of Nevada, approved as to form by the
Attorney General, and conditioned that the applicant shall conduct business as
a broker without breaching a consumer contract or engaging in a deceptive trade
practice, fraud or fraudulent representation, and without violation of the
provisions of this chapter.
2. The Department may allow a broker who
provides services for more than one category of vehicle described in subsection
1 of NRS 482.345 at a principal place of business
or at any branch location within the same county as the principal place of
business to provide a good and sufficient bond for a single category of vehicle
and may consider that single bond sufficient coverage to include all other
categories of vehicles.
3. The bond must be continuous in form,
and the total aggregate liability on the bond must be limited to the payment of
the total amount of the bond.
4. The undertaking on the bond is for the
use and benefit of the consumer and includes any breach of a consumer contract,
deceptive trade practice, fraud, fraudulent representation or violation of any
of the provisions of this chapter by any employee of the licensed broker who
acts on behalf of the broker and within the scope of his or her employment.
5. The bond must provide that it is for
the use and benefit of any consumer of the broker or an employee of the broker
for any loss or damage established, including, without limitation:
(a) Actual damages;
(b) Consequential damages;
(c) Incidental damages;
(d) Statutory damages;
(e) Damages for noneconomic loss; and
(f) Attorney’s fees and costs.
Ê The surety
issuing the bond shall appoint the Secretary of State as its agent to accept
service of notice or process for the surety in any action upon the bond brought
in a court of competent jurisdiction or brought before the Director.
6. If a consumer has a claim for relief
against a broker or an employee of the broker, the consumer may:
(a) Bring and maintain an action in any court of
competent jurisdiction. If the court enters:
(1) A judgment on the merits against the
broker or employee, the judgment is binding on the surety.
(2) A judgment other than on the merits
against the broker or employee, including, without limitation, a default
judgment, the judgment is binding on the surety only if the surety was given
notice and an opportunity to defend at least 20 days before the date on which
the judgment was entered against the broker or employee.
(b) Apply to the Director, for good cause shown,
for compensation from the bond. The Director may determine the amount of
compensation and the consumer to whom it is to be paid. The surety shall then
make the payment.
(c) Settle the matter with the broker or
employee. If such a settlement is made, the settlement must be reduced to
writing, signed by both parties and acknowledged before any person authorized
to take acknowledgments in this State, and submitted to the Director with a
request for compensation from the bond. If the Director determines that the
settlement was reached in good faith and there is no evidence of collusion or
fraud between the parties in reaching the settlement, the surety shall make the
payment to the consumer in the amount agreed upon in the settlement.
7. Any judgment entered by a court in
favor of a consumer and against a broker or an employee of the broker may be
executed through a writ of attachment, garnishment, execution or other legal
process, or the consumer in whose favor the judgment was entered may apply to
the Director for compensation from the bond of the broker or employee.
8. As used in this section, “consumer”
means any person who comes into possession of a vehicle as a final user for any
purpose other than offering it for sale.
(Added to NRS by 1995, 2363; A 2001, 1889; 2007, 3208; 2013, 480)
NRS 482.3335 Brokers: Prohibition against advertising as vehicle dealer
without appropriate license; prohibition against displaying or advertising
vehicle not licensed to sell.
1. No broker may intentionally cause to be
published, displayed or circulated any advertisement, including any listing in
a telephone directory, in which the broker is represented to be any type of
vehicle dealer, unless the broker has obtained the appropriate license from the
Department as provided in this chapter.
2. A broker may not display, or use in
conjunction with any form of advertisement, a vehicle the broker is not
licensed to sell.
(Added to NRS by 1995, 2363; A 2007, 3209)
NRS 482.3337 Brokers: Insured trust account required.
1. Each broker shall open and maintain a
separate trust account in a bank, credit union or savings and loan association
in this State that is federally insured or insured by a private insurer
approved pursuant to NRS 678.755. The
broker shall deposit into the trust account any money received from a
prospective buyer as a deposit on a vehicle. A broker shall not:
(a) Commingle the money in the trust account with
any money that is not a deposit on a vehicle.
(b) Use any money in the trust account to pay his
or her operational expenses.
2. A broker shall not require the buyer of
a vehicle to pay a deposit on a vehicle in an amount that exceeds 10 percent of
the purchase price of the vehicle.
(Added to NRS by 1995, 2363; A 1999, 1501)
NRS 482.334 Brokers: Written brokerage agreement with prospective buyer
required; form of agreement; notice to be included within agreement; form and
contents of notice; retention of copies of brokerage agreement.
1. Before commencing the provision of
services to a prospective buyer, a broker shall execute a written brokerage
agreement with the prospective buyer.
2. A brokerage agreement executed pursuant
to subsection 1 must be in at least 10-point type and must include:
(a) The name, address, license number and
telephone number of the broker.
(b) A complete description of the vehicle,
including, but not limited to, the make, model, year and color of the vehicle.
(c) A specific statement of:
(1) The amount of the purchase price of
the vehicle; and
(2) The date on which the brokerage
agreement expires, if an agreement with a vehicle dealer to purchase a vehicle
has not been signed.
(d) One of the following statements, as
applicable for the particular transaction, printed in at least 10-point bold
type and placed immediately below the statement required by paragraph (c):
(1) The broker does not receive a fee from
the dealer which is selling this vehicle.
(2) The broker does receive a fee from the
dealer which is selling this vehicle.
(e) A notice on the face of the brokerage
agreement with a title in at least 14-point bold type and the text in at least
10-point bold type in substantially the following form:
NOTICE
This is an agreement to
provide services; it is not an agreement for the purchase of a vehicle. The
laws of the State of Nevada provide you with the following rights and
protection:
1. Once you have
signed this agreement, you have the right to cancel it and receive a full
refund of any money that you paid under any of the following circumstances:
(a) The final price of
the vehicle exceeds the purchase price stated in this agreement.
(b) The vehicle, upon
delivery, does not match the description provided in this agreement.
(c) This agreement
expired before you were presented with an agreement to purchase the vehicle
from a dealer.
2. If you have
paid a deposit to purchase the vehicle, you have the right to receive a full
refund of that deposit at any time before you sign an agreement to purchase the
vehicle with a dealer. The amount of any deposit to purchase a vehicle must not
exceed 10 percent of the purchase price of the vehicle and must be deposited by
the broker in a federally insured trust account.
3. If you are
unable to resolve a dispute with your broker, please contact your local office
of the Department of Motor Vehicles.
(f) The date of execution of the brokerage
agreement.
(g) The signatures of the broker and the
prospective buyer.
3. A broker shall retain copies of any
brokerage agreement executed pursuant to this section for 3 years.
(Added to NRS by 1995, 2364; A 2001, 2548)
NRS 482.3345 Dealers: Prohibited and authorized acts if prospective buyer
enters into exclusive written brokerage agreement with broker. If a prospective buyer enters into an
exclusive written brokerage agreement with a broker pursuant to NRS 482.334 and the broker facilitates the sale by a
vehicle dealer of a vehicle to the prospective buyer, the vehicle dealer shall
not:
1. Deal directly with the prospective
buyer regarding the matter of the purchase price until at least 30 days after
the expiration of the brokerage agreement; or
2. Otherwise interfere with or obstruct
the performance of the brokerage agreement.
Ê The vehicle
dealer may deal directly with the prospective buyer on other matters relating
to the sale of the vehicle, including, but not limited to, the terms of
financing, purchase of extended warranties and insurance.
(Added to NRS by 1995, 2365)
NRS 482.335 Manufacturers, distributors, dealers and rebuilders: Display of
license plate or plates.
1. No manufacturer, distributor, dealer or
rebuilder may operate any vehicle owned or controlled by him or her upon any
public highway, or permit it to be so operated, unless a license plate or
license plates assigned to him or her are attached thereto in the manner
specified in this chapter.
2. It shall be lawful for a manufacturer,
distributor or dealer to operate new vehicles without the plate or plates being
attached thereto from the railroad depot, warehouse or other place of storage
to the place of business of that manufacturer, distributor or dealer where the
depot, warehouse or place of storage is within the same city or town or not
more than 5 miles from the place of business.
[Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280;
1955, 468]—(NRS A 1971, 1304; 1983, 1002; 2005, 984)
NRS 482.345 Manufacturers, distributors, dealers and rebuilders:
Application; proof of place of business; bonding requirements; remedies of
consumer; judgment; prohibition upon issuance of license or plate to certain
persons not having an established place of business in State.
1. Before any dealer’s license, dealer’s
plate, special dealer’s plate, rebuilder’s license or rebuilder’s plate,
distributor’s license or distributor’s plate or manufacturer’s license or
manufacturer’s plate is furnished to a manufacturer, distributor, dealer or
rebuilder as provided in this chapter, the Department shall require that the
applicant make an application for such a license and plate upon a form to be
furnished by the Department, and the applicant shall furnish such information
as the Department requires, including proof that the applicant has an
established place of business in this State, procure and file with the
Department a good and sufficient bond with a corporate surety thereon, duly
licensed to do business within the State of Nevada, approved as to form by the
Attorney General, and conditioned that the applicant or any employee who acts
on behalf of the applicant within the scope of his or her employment shall
conduct business as a dealer, distributor, manufacturer or rebuilder without
breaching a consumer contract or engaging in a deceptive trade practice, fraud
or fraudulent representation, and without violation of the provisions of this
chapter. The bond must be:
(a) For a manufacturer, distributor, rebuilder or
dealer who manufactures, distributes or sells motorcycles, $50,000.
(b) For a manufacturer, distributor, rebuilder or
dealer who sells vehicles other than motorcycles, trailers or travel trailers,
$100,000.
(c) For a manufacturer, distributor, rebuilder or
dealer who sells travel trailers or other dual purpose trailers that include
living quarters in their design, $100,000.
(d) For a manufacturer, distributor, rebuilder or
dealer who sells horse trailers designed without living quarters or special
purpose trailers with an unladen weight of 3,501 pounds or more, $50,000.
(e) For a manufacturer, distributor, rebuilder or
dealer who sells utility trailers or other special use trailers with an unladen
weight of 3,500 pounds or less or trailers designed to carry boats, $10,000.
2. The Department may, pursuant to a
written agreement with any manufacturer, distributor, rebuilder or dealer who
has been licensed to do business in this State for at least 5 years, allow a
reduction in the amount of the bond of the manufacturer, distributor, rebuilder
or dealer, if the business has been conducted in a manner satisfactory to the
Department for the preceding 5 years. No bond may be reduced to less than 50
percent of the bond required pursuant to subsection 1.
3. The Department may allow a
manufacturer, distributor, rebuilder or dealer who sells more than one category
of vehicle as described in subsection 1 at a principal place of business or at
any branch location within the same county as the principal place of business
to provide a good and sufficient bond for a single category of vehicle and may
consider that single bond sufficient coverage to include all other categories
of vehicles.
4. The bond must be continuous in form,
and the total aggregate liability on the bond must be limited to the payment of
the total amount of the bond.
5. The undertaking on the bond is for the
use and benefit of the consumer and includes any breach of a consumer contract,
deceptive trade practice, fraud, fraudulent representation or violation of any
of the provisions of this chapter by the representative of any licensed
distributor or the salesperson of any licensed dealer, manufacturer or
rebuilder who acts for the dealer, distributor, manufacturer or rebuilder on
his or her behalf and within the scope of the employment of the representative
or salesperson.
6. The bond must provide that it is for
the use and benefit of any consumer of the dealer, distributor, rebuilder,
manufacturer, representative or salesperson for any loss or damage established,
including, without limitation:
(a) Actual damages;
(b) Consequential damages;
(c) Incidental damages;
(d) Statutory damages;
(e) Damages for noneconomic loss; and
(f) Attorney’s fees and costs.
Ê The surety
issuing the bond shall appoint the Secretary of State as its agent to accept
service of notice or process for the surety in any action upon the bond brought
in a court of competent jurisdiction or brought before the Director.
7. If a consumer has a claim for relief
against a dealer, distributor, rebuilder, manufacturer, representative or
salesperson, the consumer may:
(a) Bring and maintain an action in any court of
competent jurisdiction. If the court enters:
(1) A judgment on the merits against the
dealer, distributor, rebuilder, manufacturer, representative or salesperson,
the judgment is binding on the surety.
(2) A judgment other than on the merits
against the dealer, distributor, rebuilder, manufacturer, representative or
salesperson, including, without limitation, a default judgment, the judgment is
binding on the surety only if the surety was given notice and an opportunity to
defend at least 20 days before the date on which the judgment was entered
against the dealer, distributor, rebuilder, manufacturer, representative or
salesperson.
(b) Apply to the Director, for good cause shown,
for compensation from the bond. The Director may determine the amount of
compensation and the consumer to whom it is to be paid. The surety shall then
make the payment.
(c) Settle the matter with the dealer,
distributor, rebuilder, manufacturer, representative or salesperson. If such a
settlement is made, the settlement must be reduced to writing, signed by both
parties and acknowledged before any person authorized to take acknowledgments
in this State, and submitted to the Director with a request for compensation
from the bond. If the Director determines that the settlement was reached in
good faith and there is no evidence of collusion or fraud between the parties
in reaching the settlement, the surety shall make the payment to the consumer
in the amount agreed upon in the settlement.
8. Any judgment entered by a court in
favor of a consumer and against a dealer, distributor, rebuilder, manufacturer,
representative or salesperson may be executed through a writ of attachment,
garnishment, execution or other legal process, or the consumer in whose favor
the judgment was entered may apply to the Director for compensation from the
bond of the dealer, distributor, rebuilder, manufacturer, representative or
salesperson.
9. The Department shall not issue a
license or plate pursuant to subsection 1 to a manufacturer, distributor,
rebuilder or dealer who does not have and maintain an established place of
business in this State.
10. As used in this section, “consumer”
means any person who comes into possession of a vehicle as a final user for any
purpose other than offering it for sale.
[Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280;
1955, 468]—(NRS A 1957, 507; 1960, 345; 1961, 80; 1963, 261; 1965, 1475; 1971,
1304; 1973, 39; 1977,
644; 1981,
190; 1983,
1003; 1987,
1144; 1993,
2342; 2001,
1889; 2005,
1241; 2007,
3209; 2013,
482)
NRS 482.346 Deposit in lieu of bond: Specifications; conditions for release;
liability; refund; deposit in Motor Vehicle Fund.
1. In lieu of a bond, an applicant may
deposit with the Department, under terms prescribed by the Department:
(a) A like amount of lawful money of the United
States or bonds of the United States or of the State of Nevada of an actual
market value of not less than the amount fixed by the Department; or
(b) A savings certificate of a bank, credit union
or savings and loan association situated in Nevada, which must indicate an
account of an amount equal to the amount of the bond which would otherwise be
required by NRS 482.345 and that this amount is
unavailable for withdrawal except upon order of the Department. Interest earned
on the amount accrues to the account of the applicant.
2. Except as otherwise provided in
subsection 3, a deposit made pursuant to subsection 1 may be disbursed by the
Director, for good cause shown and after notice and opportunity for hearing, in
an amount determined by the Director to compensate a person injured by an
action of the licensee, or released upon receipt of:
(a) A court order requiring the Director to
release all or a specified portion of the deposit; or
(b) A statement signed by the person or persons
under whose name the deposit is made and acknowledged before any person
authorized to take acknowledgments in this State, requesting the Director to
release the deposit, or a specified portion thereof, and stating the purpose
for which the release is requested.
3. A deposit made pursuant to subsection 1
in lieu of a bond required by NRS 482.345 may only
be disbursed to compensate a consumer. As used in this subsection, “consumer”
has the meaning ascribed to it in NRS 482.345.
4. When a deposit is made pursuant to
subsection 1, liability under the deposit is in the amount prescribed by the
Department. If the amount of the deposit is reduced or there is an outstanding
court judgment for which the licensee is liable under the deposit, the license
is automatically suspended. The license must be reinstated if the licensee:
(a) Files an additional bond pursuant to
subsection 1 of NRS 482.345;
(b) Restores the deposit with the Department to
the original amount required under this section; or
(c) Satisfies the outstanding judgment for which
the licensee is liable under the deposit.
5. A deposit made pursuant to subsection 1
may be refunded:
(a) By order of the Director, 3 years after the
date the licensee ceases to be licensed by the Department, if the Director is
satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time within 3 years
after the date the licensee ceases to be licensed by the Department, upon
evidence satisfactory to the court that there are no outstanding claims against
the deposit.
6. Any money received by the Department
pursuant to subsection 1 must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund.
(Added to NRS by 1981, 189; A 1983, 142; 1993, 2343; 1999, 1501; 2013, 484)
NRS 482.347 Dealers: Principal and branch places of business to be covered
by vehicle dealer’s bond; dealer to procure certain other separate bonds.
1. The vehicle dealer’s bond required by NRS 482.345 must cover the dealer’s principal place of
business and all branches operated by the dealer, including, without
limitation, any place of business operated in this State by the dealer that is
located outside the county of the dealer’s principal office or any place of
business operated by the dealer under a different name.
2. In addition to the coverage provided by
the vehicle dealer’s bond pursuant to subsection 1, the dealer shall procure a
separate bond for:
(a) Each place of business operated in this State
by the dealer that is located outside the county of the dealer’s principal
office; and
(b) Each place of business operated by the dealer
under a different name.
(Added to NRS by 1979, 1024; A 2001, 1890)
NRS 482.350 Dealers: New vehicle dealer’s license not to be issued unless
dealer first furnishes to Department instrument indicating dealer is franchised
dealer of manufacturer; additional functions in which used vehicle dealers may
engage.
1. Except for a manufacturer described in
subsection 2 of NRS 482.078:
(a) A new vehicle dealer’s license shall not be
furnished to any dealer in new vehicles, trailers or semitrailers unless the
dealer first furnishes the Department an instrument executed by or on behalf of
the manufacturer certifying that the dealer is an authorized franchised dealer
for the make or makes of vehicle concerned.
(b) New vehicle dealers are authorized to sell at
retail only those new vehicles for which they are certified as franchised
dealers by the manufacturer.
2. In addition to selling used vehicles, a
used vehicle dealer may:
(a) Sell at wholesale a new vehicle taken in
trade or acquired as a result of a sales contract to a new vehicle dealer who
is licensed and authorized to sell that make of vehicle;
(b) Sell at wholesale a new vehicle through a
wholesale vehicle auction provided that the wholesale vehicle auctioneer:
(1) Does not take an ownership interest in
the vehicle; and
(2) Auctions the vehicle to a vehicle
dealer who is licensed and authorized to sell that make of vehicle or to an
automobile wrecker who is licensed in this State or any other state; or
(c) Sell a new vehicle on consignment from a
person not licensed as a vehicle dealer, rebuilder or a long-term or short-term
lessor.
[Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280;
1955, 468]—(NRS A 1957, 508; 1965, 1475; 1995, 776; 2007, 3211;
2014, 28th Special Session, 5)
NRS 482.351 “Bait and switch,” misleading or inaccurate advertising by
dealer or rebuilder prohibited; regulations.
1. No vehicle dealer or rebuilder may
employ “bait and switch” advertising or otherwise intentionally publish,
display or circulate any advertising which is misleading or inaccurate in any
material particular or which misrepresents any of the products sold, leased,
manufactured, handled or furnished to the public.
2. The Director shall adopt such
regulations as may be necessary for making the administration of this section
effective.
3. As used in this section, “bait and
switch” advertising consists of an offer to sell goods or services which the
seller in truth may not intend or desire to sell, accompanied by one or more of
the following practices:
(a) Refusal to show the goods advertised.
(b) Disparagement in any material respect of the
advertised goods or services or the terms of sale.
(c) Requiring other sales or other undisclosed
conditions to be met before selling the advertised goods or services.
(d) Refusal to take orders for the goods or
services advertised for delivery within a reasonable time.
(e) Showing or demonstrating defective goods
which are unusable or impractical for the purposes set forth in the
advertisement.
(f) Accepting a deposit for the goods or services
and subsequently switching the purchase order to higher priced goods or
services.
(Added to NRS by 1965, 1472; A 1971, 1305; 1999, 3284)
NRS 482.3515 Vehicle dealer required to disclose information concerning
emission of carbon dioxide of certain new vehicles; exception. Every vehicle dealer licensed in this State
shall ensure that, beginning with the 2012 model year and continuing with
subsequent model years, each new vehicle the vehicle dealer offers for sale is
accompanied by a prominent disclosure setting forth the estimated amount of
carbon dioxide that the vehicle emits, unless the information concerning the
emissions for that vehicle is unavailable.
(Added to NRS by 2009, 2756)
NRS 482.352 Manufacturers, distributors, dealers and rebuilders: Grounds for
denial, suspension or revocation of license; disclosure of financial records;
regulations.
1. The Department may deny the issuance
of, suspend or revoke a license to engage in the activities of a manufacturer,
distributor, rebuilder or dealer in new or used vehicles or to engage in the
leasing of vehicles in this State upon any of the following grounds:
(a) Failure of the applicant to have an
established place of business in this State.
(b) Conviction of a felony in the State of Nevada
or any other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant or
licensee.
(e) Willful failure to comply with any of the
provisions of the motor vehicle laws of the State of Nevada or the directives
of the Director. For the purpose of this paragraph, failure to comply with the
directives of the Director advising the licensee of noncompliance with any
provision of the motor vehicle laws of this State or regulations of the
Department, within 10 days after receipt of the directive, is prima facie
evidence of willful failure to comply with the directive.
(f) Failure or refusal to furnish and keep in
force any bond.
(g) Failure on the part of the licensee to
maintain a fixed place of business in this State.
(h) Failure or refusal by a licensee to pay or
otherwise discharge any final judgment against the licensee rendered and
entered against the licensee, arising out of the misrepresentation of any
vehicle, trailer or semitrailer, or out of any fraud committed in connection
with the sale of any vehicle, trailer or semitrailer.
(i) Failure of the licensee to maintain any other
license or bond required by any political subdivision of this State.
(j) Allowing an unlicensed salesperson to sell or
lease any vehicle or to act in the capacity of a salesperson as defined in this
chapter.
(k) Failure or refusal to provide to the
Department an authorization for the disclosure of financial records for the
business as required pursuant to subsection 3.
(l) Engaging in a deceptive trade practice
relating to the purchase and sale or lease of a vehicle.
2. The Director may deny the issuance of a
license to an applicant or revoke a license already issued if the Department is
satisfied that the applicant or licensee is not entitled thereto.
3. Upon the receipt of any report or
complaint alleging that an applicant or a licensee has engaged in financial
misconduct or has failed to satisfy financial obligations related to the
activities of a manufacturer, distributor, dealer or rebuilder, the Department
may require the applicant or licensee to submit to the Department an authorization
for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any
information obtained pursuant to the authorization only to determine the suitability
of the applicant or licensee for initial or continued licensure. Information
obtained pursuant to the authorization may be disclosed only to those employees
of the Department who are authorized to issue a license to an applicant
pursuant to NRS 482.318 to 482.363105, inclusive, or to determine the
suitability of an applicant or a licensee for such licensure.
4. The Department may adopt regulations
establishing additional criteria that may be used to deny, suspend, revoke or
refuse to renew a license issued pursuant to this chapter.
(Added to NRS by 1957, 509; A 1961, 130; 1965, 1476;
1971, 1305; 1973, 628; 1983, 1003; 1985, 680; 1997, 144; 2005, 1243; 2007, 3212)
NRS 482.353 Ability of applicant or licensee to petition for hearing after
notice of denial, suspension or revocation; duties and powers of Director;
exception from applicability of section.
1. Except as otherwise provided in
subsection 5, an applicant or licensee may, within 30 days after receipt of the
notice of denial, suspension or revocation, petition the Director in writing
for a hearing.
2. Subject to the further requirements of
subsection 3, the Director shall make written findings of fact and conclusions
and grant or finally deny the application or revoke the license within 15 days
after the hearing unless by interim order the Director extends the time to 30
days after the hearing. If the license has been temporarily suspended, the
suspension expires not later than 15 days after the hearing.
3. If the Director finds that the action
is necessary in the public interest, upon notice to the licensee, the Director
may temporarily suspend or refuse to renew the license certificate issued to a
manufacturer, distributor, dealer, lessor, broker or rebuilder and the special
plates issued to a manufacturer, distributor, lessor, rebuilder, broker or
dealer for a period not to exceed 30 days. A hearing must be held, and a final
decision rendered, within 30 days after notice of the temporary suspension.
4. The Director may issue subpoenas for
the attendance of witnesses and the production of evidence.
5. The provisions of this section do not
apply to an applicant for a temporary permit to engage in the activity of a
salesperson.
(Added to NRS by 1957, 509; A 1961, 131; 1965, 1476;
1975, 1577; 1977,
75, 1063;
1981, 83; 1983, 1004; 2007, 3213)
NRS 482.354 Trial de novo. Upon
judicial review of the denial or revocation of a license, the court for good
cause shown may order a trial de novo.
(Added to NRS by 1957, 509; A 1969, 312; 1973, 250; 1977, 1063)
NRS 482.362 Salespersons: Licensing; fees; grounds for denial, suspension or
revocation of license; reemployment; notice of change of address or
termination; penalty. [Effective until the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. A person shall not engage in the
activity of a salesperson of vehicles, trailers or semitrailers, or act in the
capacity of a salesperson as defined in this chapter, in the State of Nevada
without first having received a license or temporary permit from the
Department. Before issuing a license or temporary permit to engage in the
activity of a salesperson, the Department shall require:
(a) An application, signed and verified by the
applicant, stating that the applicant is to engage in the activity of a salesperson,
his or her residence address and social security number, and the name and
address of the applicant’s employer.
(b) Proof of the employment of the applicant by a
licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or
rebuilder at the time the application is filed.
(c) A statement as to whether any previous
application of the applicant has been denied or license revoked.
(d) Payment of a nonrefundable license fee of
$75. The license expires on December 31 of each calendar year and may be
renewed annually upon the payment of a fee of $40.
(e) For initial licensure, the applicant to
submit a complete set of fingerprints and written permission authorizing the
Department to forward those fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau of
Investigation for its report.
(f) Any other information the Department deems
necessary.
2. The Department may issue a 60-day
temporary permit to an applicant who has submitted an application and paid the
required fee.
3. A license to act as a salesperson of
vehicles, trailers or semitrailers, or to act in the capacity of a salesperson
as defined in this chapter, issued pursuant to this chapter does not permit a
person to engage in the business of selling mobile homes.
4. An application for a salesperson’s
license may be denied and a salesperson’s license may be suspended or revoked
upon the following grounds:
(a) Failure of the applicant to establish by
proof satisfactory to the Department that the applicant is employed by a
licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer,
lessor or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a gross misdemeanor.
(d) Conviction of a misdemeanor for violation of
any of the provisions of this chapter.
(e) Falsification of the application.
(f) Evidence of unfitness as described in NRS 482.3255.
(g) Failure of the applicant to provide any
information deemed necessary by the Department to process the application.
(h) Any reason determined by the Director to be
in the best interests of the public.
5. Except where a dealer, lessor or
rebuilder has multiple branches licensed under NRS 482.326,
a salesperson of vehicles shall not engage in any sales activity, or act in any
other capacity as a salesperson as defined in this chapter, other than for the
account of or for and in behalf of a single employer, at a specified place of
business of that employer, who must be a licensed dealer, lessor or rebuilder.
6. If an application for a salesperson’s
license has been denied, the applicant may reapply not less than 6 months after
the denial.
7. A salesperson’s license must be posted
in a conspicuous place on the premises of the dealer, lessor or rebuilder for
whom the salesperson is licensed to sell vehicles.
8. If a licensed salesperson ceases to be
employed by a licensed and bonded dealer, lessor or rebuilder, the license to
act as a salesperson is automatically suspended and the right to act as a
salesperson thereupon immediately ceases, and the person shall not engage in
the activity of a salesperson until he or she has paid the Department a
transfer fee of $20 and submitted a certificate of employment indicating he or
she has been reemployed by a licensed and bonded dealer, lessor or rebuilder,
and has thereafter presented a current temporary permit or a new salesperson’s
license to the employer.
9. If a licensed salesperson changes his
or her residential address, the salesperson shall submit a written notice of
the change to the Department within 10 days after the change occurs.
10. If a person who holds a temporary
permit to act as a salesperson ceases to be employed by a licensed and bonded
dealer, lessor or rebuilder, the permit to act as a salesperson is
automatically suspended, the right to act as a salesperson thereupon
immediately ceases and the person shall not engage in the activity of a salesperson
until he or she has paid the Department a transfer fee of $20 and submitted a
certificate of employment indicating he or she has been reemployed by a
licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a
current temporary permit or a new salesperson’s license to the employer.
11. A licensed dealer, lessor or rebuilder
who employs a licensed salesperson shall notify the Department of the
termination of his or her employment within 10 days following the date of
termination by forwarding the salesperson’s license to the Department.
12. Any person who fails to comply with
the provisions of this section is guilty of a misdemeanor except as otherwise
provided in NRS 482.555.
(Added to NRS by 1957, 510; A 1965, 1477; 1971, 1306;
1975, 239, 280, 1534, 1577; 1977, 673; 1979, 1224; 1985, 338, 926; 1991, 274; 1993, 628; 1997, 2072; 2007, 3213; 2013, 1838)
NRS 482.362 Salespersons: Licensing;
fees; grounds for denial, suspension or revocation of license; reemployment;
notice of change of address or termination; penalty. [Effective on the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. A person shall not engage in the
activity of a salesperson of vehicles, trailers or semitrailers, or act in the
capacity of a salesperson as defined by this chapter, in the State of Nevada
without first having received a license or temporary permit from the
Department. Before issuing a license or temporary permit to engage in the
activity of a salesperson, the Department shall require:
(a) An application, signed and verified by the
applicant, stating that the applicant is to engage in the activity of a salesperson,
his or her residence address, and the name and address of the applicant’s
employer.
(b) Proof of the employment of the applicant by a
licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or
rebuilder at the time the application is filed.
(c) A statement as to whether any previous
application of the applicant has been denied or license revoked.
(d) Payment of a nonrefundable license fee of
$75. The license expires on December 31 of each calendar year and may be
renewed annually upon the payment of a fee of $40.
(e) For initial licensure, the applicant to
submit a complete set of fingerprints and written permission authorizing the
Department to forward those fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau of
Investigation for its report.
(f) Any other information the Department deems
necessary.
2. The Department may issue a 60-day
temporary permit to an applicant who has submitted an application and paid the
required fee.
3. A license to act as a salesperson of
vehicles, trailers or semitrailers, or to act in the capacity of a salesperson
as defined in this chapter, issued pursuant to this chapter does not permit a
person to engage in the business of selling mobile homes.
4. An application for a salesperson’s
license may be denied and a salesperson’s license may be suspended or revoked
upon the following grounds:
(a) Failure of the applicant to establish by
proof satisfactory to the Department that the applicant is employed by a
licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer,
lessor or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a gross misdemeanor.
(d) Conviction of a misdemeanor for violation of
any of the provisions of this chapter.
(e) Falsification of the application.
(f) Evidence of unfitness as described in NRS 482.3255.
(g) Failure of the applicant to provide any
information deemed necessary by the Department to process the application.
(h) Any reason determined by the Director to be
in the best interests of the public.
5. Except where a dealer, lessor or
rebuilder has multiple branches licensed under NRS
482.326, a salesperson of vehicles shall not engage in any sales activity,
or act in any other capacity as a salesperson as defined in this chapter, other
than for the account of or for and in behalf of a single employer, at a
specified place of business of that employer, who must be a licensed dealer,
lessor or rebuilder.
6. If an application for a salesperson’s
license has been denied, the applicant may reapply not less than 6 months after
the denial.
7. A salesperson’s license must be posted
in a conspicuous place on the premises of the dealer, lessor or rebuilder for
whom the salesperson is licensed to sell vehicles.
8. If a licensed salesperson ceases to be
employed by a licensed and bonded dealer, lessor or rebuilder, the license to
act as a salesperson is automatically suspended and the right to act as a
salesperson thereupon immediately ceases, and the person shall not engage in
the activity of a salesperson until he or she has paid the Department a
transfer fee of $20 and submitted a certificate of employment indicating he or
she has been reemployed by a licensed and bonded dealer, lessor or rebuilder,
and has thereafter presented a current temporary permit or a new salesperson’s
license to the employer.
9. If a licensed salesperson changes his
or her residential address, the salesperson shall submit a written notice of
the change to the Department within 10 days.
10. If a person who holds a temporary
permit to act as a salesperson ceases to be employed by a licensed and bonded
dealer, lessor or rebuilder, the permit to act as a salesperson is
automatically suspended, the right to act as a salesperson thereupon
immediately ceases and the person shall not engage in the activity of a
salesperson until he or she has paid the Department a transfer fee of $20 and
submitted a certificate of employment indicating he or she has been reemployed
by a licensed and bonded dealer, lessor or rebuilder, and has thereafter
presented a current temporary permit or a new salesperson’s license to the
employer.
11. A licensed dealer, lessor or rebuilder
who employs a licensed salesperson shall notify the Department of the
termination of his or her employment within 10 days following the date of
termination by forwarding the salesperson’s license to the Department.
12. Any person who fails to comply with
the provisions of this section is guilty of a misdemeanor except as otherwise
provided in NRS 482.555.
(Added to NRS by 1957, 510; A 1965, 1477; 1971, 1306;
1975, 239, 280, 1534, 1577; 1977, 673; 1979, 1224; 1985, 338, 926; 1991, 274; 1993, 628; 1997, 2072; 2007, 3213, 3215; 2013, 1838,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 482.363 Lessors and certain employees: Licensing; renewal; fees; denial,
suspension, revocation or transfer of license; applicability of provisions.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. Except as otherwise provided in
subsection 7, a person who engages in the leasing of vehicles in this State as
a long-term or short-term lessor shall:
(a) Secure a license from the Department to
conduct the leasing business;
(b) Post a bond;
(c) Furnish the Department with any other
information as may be required;
(d) Comply with the terms and conditions of this
chapter which apply to vehicle dealers;
(e) If the applicant is a natural person, submit
the statement required pursuant to NRS 482.319; and
(f) Pay a license fee of $125.
2. Except as otherwise provided in
subsection 7, a short-term lessor shall, in addition to the license fee
specified in subsection 1, pay a fee of $125 for each branch to be operated
pursuant to the license.
3. Any person employed by a long-term
lessor licensed under the provisions of subsection 1 who engages in the
practice of arranging or selling such services, and any person employed by a
short-term lessor who sells, offers or displays for sale or exchange vehicles
which are owned by the short-term lessor shall, before commencing operations,
and annually thereafter:
(a) Secure from the Department a license to act
as a salesperson of such services; and
(b) Comply with the terms and conditions which
apply to salespersons of vehicles as specified in NRS
482.362.
4. An application for the issuance of a
license pursuant to this section must include the social security number of the
applicant.
5. Licenses issued pursuant to subsection
1 expire on December 31 of each year. Before December 31 of each year,
licensees shall furnish the Department with an application for renewal of the
license accompanied by an annual renewal fee of $50. Except as otherwise
provided in subsection 7, a short-term lessor shall, in addition to the annual
renewal fee, pay an annual fee of $50 for each branch to be operated pursuant
to the license. If the applicant is a natural person, the application for
renewal also must be accompanied by the statement required pursuant to NRS 482.319. The renewal application must be provided
by the Department and must contain information required by the Department.
6. The provisions of NRS 482.352, relating to the denial, revocation or
suspension of licenses, apply to licenses issued pursuant to the provisions of
subsection 1. The provisions of NRS 482.362,
relating to the denial, revocation, suspension and transfer of vehicle
salespersons’ licenses, apply to licenses issued pursuant to the provisions of
subsection 3.
7. The provisions of subsections 1, 2 and
5 which relate to the licensing of lessors of vehicles do not apply to:
(a) An owner of a vehicle who leases it to a
carrier and operates the vehicle pursuant to that lease; or
(b) A new or used vehicle dealer licensed
pursuant to the provisions of NRS 482.325 who
engages in the leasing of vehicles in this State as a long-term lessor.
8. As used in this section, “carrier” has
the meaning ascribed to it in NRS 482.3963.
(Added to NRS by 1965, 1472; A 1967, 707; 1971, 1307;
1975, 1072, 1578; 1979, 1225; 1983, 1005; 1997, 319, 2073, 2993; 1999, 520)
NRS 482.363 Lessors and certain
employees: Licensing; renewal; fees; denial, suspension, revocation or transfer
of license; applicability of provisions. [Effective on the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. Except as otherwise provided in
subsection 6, a person who engages in the leasing of vehicles in this State as
a long-term or short-term lessor shall:
(a) Secure a license from the Department to
conduct the leasing business;
(b) Post a bond;
(c) Furnish the Department with any other
information as may be required;
(d) Comply with the terms and conditions of this
chapter which apply to vehicle dealers; and
(e) Pay a license fee of $125.
2. Except as otherwise provided in
subsection 6, a short-term lessor shall, in addition to the license fee
specified in subsection 1, pay a fee of $125 for each branch to be operated
pursuant to the license.
3. Any person employed by a long-term
lessor licensed under the provisions of subsection 1 who engages in the
practice of arranging or selling such services, and any person employed by a
short-term lessor who sells, offers or displays for sale or exchange vehicles
which are owned by such short-term lessor shall, before commencing operations,
and annually thereafter:
(a) Secure from the Department a license to act
as a salesperson of such services; and
(b) Comply with the terms and conditions which
apply to salespersons of vehicles as specified in NRS
482.362.
4. Licenses issued pursuant to subsection
1 expire on December 31 of each year. Before December 31 of each year,
licensees shall furnish the Department with an application for renewal of the
license accompanied by an annual renewal fee of $50. Except as otherwise
provided in subsection 6, a short-term lessor shall, in addition to the annual
renewal fee, pay an annual fee of $50 for each branch to be operated pursuant
to the license. The renewal application must be provided by the Department and
must contain information required by the Department.
5. The provisions of NRS 482.352, relating to the denial, revocation or
suspension of licenses, apply to licenses issued pursuant to the provisions of
subsection 1. The provisions of NRS 482.362,
relating to the denial, revocation, suspension and transfer of vehicle
salespersons’ licenses, apply to licenses issued pursuant to the provisions of
subsection 3.
6. The provisions of subsections 1, 2 and
4 which relate to the licensing of lessors of vehicles do not apply to:
(a) An owner of a vehicle who leases it to a
carrier and operates the vehicle pursuant to that lease; or
(b) A new or used vehicle dealer licensed
pursuant to the provisions of NRS 482.325 who
engages in the leasing of vehicles in this State as a long-term lessor.
7. As used in this section, “carrier” has
the meaning ascribed to it in NRS 482.3963.
(Added to NRS by 1965, 1472; A 1967, 707; 1971, 1307;
1975, 1072, 1578; 1979, 1225; 1983, 1005; 1997, 319, 2073, 2993,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 482.363105 Long-term lessors also holding licenses as vehicle dealers:
Authorized acts. A licensed
long-term lessor who also holds a license as a vehicle dealer on January 1,
1995, may, for the period those licenses remain in effect, sell, exchange, buy,
offer or display for sale, negotiate or attempt to negotiate the sale or
exchange of, or induce or attempt to induce any person to buy or exchange an
interest in, a vehicle that has been registered with the Department, or has
been registered with the appropriate agency of authority of any other state,
the District of Columbia, any territory or possession of the United States or
foreign state, province or country, if the long-term lessor:
1. Maintains an established place of
business in this State which:
(a) Is in a location that is zoned for such
activities;
(b) Includes an office and lot facilities with
sufficient space to meet the needs of his or her customers; and
(c) Includes a facility for repairing and
performing maintenance work on vehicles;
2. Maintains all other state and local
licenses and permits required for such activities; and
3. Forwards to the registered owner of a
vehicle sold by the long-term lessor any notice received from the manufacturer
of the vehicle regarding a defect in the vehicle.
(Added to NRS by 1995, 775)
Franchises for Sales of Motor Vehicles
NRS 482.36311 Definitions. As used
in NRS 482.36311 to 482.36425,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 482.36318 to 482.36348,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1977, 553; A 1981, 192, 702; 1985, 1831; 1987, 2202; 1999, 2507; 2003,
20th Special Session, 300; 2014, 28th Special Session, 5)
NRS 482.36318 “Distributor” defined. “Distributor”
means a person, other than a manufacturer, who is engaged in the business of
selling new vehicles to dealers.
(Added to NRS by 2003,
20th Special Session, 299)
NRS 482.36319 “Distributor branch” defined. “Distributor
branch” means a branch office maintained by a distributor for the sale of new
vehicles to dealers or which is maintained for directing and supervising
distributor branch representatives.
(Added to NRS by 1977, 553; A 2003,
20th Special Session, 300)
NRS 482.3632 “Factory branch” defined. “Factory
branch” means a branch office maintained by a manufacturer for the sale of new
vehicles to distributors or dealers or which is maintained for directing and
supervising manufacturers’ representatives.
(Added to NRS by 1977, 553; A 2003,
20th Special Session, 300)
NRS 482.3634 “Relevant market area” defined. “Relevant
market area” means any area within a radius of 10 miles of an existing dealer
who sells vehicles of the same line and make.
(Added to NRS by 1977, 554; A 1981, 702)
NRS 482.36345 “Representative” defined. “Representative”
means any person regularly employed by a manufacturer or distributor for the
purpose of negotiating or promoting the sale of the manufacturer’s or
distributor’s new vehicles to dealers or for regularly supervising or
communicating with dealers or prospective dealers in this State for any
purpose.
(Added to NRS by 1977, 554; A 2003,
20th Special Session, 300)
NRS 482.36348 “Vehicle” defined. “Vehicle”
means a motor vehicle or a recreational vehicle. The term includes a
recreational vehicle designed to be mounted upon or drawn by a motor vehicle.
(Added to NRS by 2003,
20th Special Session, 299)
NRS 482.36349 Certain manufacturers not subject to provisions governing
franchises for sales of motor vehicles. A
manufacturer is not subject to the provisions of NRS
482.36311 to 482.36425, inclusive, if the
manufacturer:
1. Only manufactures passenger cars
powered solely by one or more electric motors;
2. Only sells at retail new or new and
used passenger cars that it manufactures; and
3. Was selling such passenger cars at
retail in this State on or before January 1, 2016.
(Added to NRS by 2014, 28th Special Session, 4)
NRS 482.36352 Termination or discontinuation of franchise: Notice; grounds;
protest by dealer; hearing.
1. Notwithstanding the terms of any
franchise, a manufacturer or distributor shall not terminate or refuse to
continue any franchise unless it has received the written consent of the dealer
or:
(a) It has given written notice of its intention
to the dealer and the Director; and
(b) Either of the following conditions occurs:
(1) The dealer does not file a protest
with the Director within the time allowed by this section; or
(2) After the dealer has filed a protest
and the Director has conducted a hearing on the matter, the Director issues an
order authorizing the manufacturer or distributor to terminate the franchise or
permit it to lapse.
2. The notice required by this section
must be given to the dealer and the Director:
(a) At least 15 days before the effective date of
the intended termination or the date on which the existing franchise is to
expire if the grounds for the termination or refusal include any of the
following:
(1) Except as otherwise provided in NRS 482.36396 to 482.36414,
inclusive, transfer of any ownership or interest in the franchised dealership
without the consent of the manufacturer or distributor unless that consent has
been withheld without good cause;
(2) Material misrepresentation by the
dealer in applying for the franchise;
(3) Insolvency of the dealer or the filing
of any petition by or against the dealer under any law governing bankruptcy or
receivership;
(4) Any unfair business practice by the
dealer after the manufacturer or distributor has issued a written warning to
the dealer to desist from that practice;
(5) Revocation of a dealer’s license under
this chapter;
(6) Conviction of the dealer for a felony;
and
(7) Closure by the dealer for a period
longer than 14 days, unless the closure was caused by a force beyond the
control of the dealer.
(b) At least 60 days before the effective date of
the intended termination or the date on which the existing franchise is to
expire if the grounds for the termination or refusal do not include one or more
of those set forth in paragraph (a).
Ê The notice
required by this section must include a statement of the particular grounds for
the intended termination or refusal to continue a franchise.
3. A dealer who has received a notice
pursuant to this section may file a protest with the Director:
(a) Within 10 days after receiving the notice if
it states one or more of the grounds specified in paragraph (a) of subsection
2;
(b) Within 30 days after receiving the notice if
it does not state one of the grounds specified in that paragraph; or
(c) In either case, within 30 days after the end
of any appellate procedure provided by the manufacturer or distributor.
(Added to NRS by 1981, 698; A 1985, 1831; 1999, 2507)
NRS 482.363521 Termination or discontinuation of franchise: Compensation of
dealer.
1. Upon the termination or refusal to
continue a franchise, the manufacturer or distributor shall compensate the
dealer for:
(a) The dealer’s inventory of new vehicles,
including new vehicles not of the current model year if delivered to the dealer
during the 18-month period immediately preceding the effective date of the
termination or refusal to continue the franchise. As used in this paragraph, a
“new vehicle” is one which has not been damaged, materially altered or
registered with the Department or with the appropriate agency of authority of
any other state, the District of Columbia, any territory or possession of the
United States or any foreign state, province or country.
(b) The dealer’s inventory of parts and
accessories which:
(1) Have been purchased by the dealer from
the manufacturer or distributor; and
(2) Are listed in a current parts catalog
of the manufacturer or distributor.
(c) Any special tools purchased by the dealer
from the manufacturer or distributor, less a reasonable allowance for
depreciation.
(d) Any equipment, furnishings or signs purchased
by the dealer from the manufacturer or distributor, less a reasonable allowance
for depreciation.
(e) Except as otherwise provided in subsection 4,
the fair rental value for 90 days, and any additional period allowed by the
Director after considering the difficulty of finding a new tenant for the
dealer’s premises affected, after the effective date of the termination or
refusal to continue of the portion of the dealer’s place of business that was
used by the dealer to sell or service vehicles or other products of the
manufacturer or distributor.
2. Compensation paid pursuant to
paragraphs (a) to (d), inclusive, of subsection 1 must be paid in an amount at
least equal to the greater of:
(a) The amount actually paid by the dealer for
the vehicles, parts, tools and equipment; or
(b) The amount currently paid by other dealers in
this State for the vehicles, parts, tools and equipment.
3. If compensation is paid pursuant to
paragraph (e) of subsection 1, the dealer shall allow the manufacturer or
distributor paying the compensation the use and possession of the premises
affected.
4. The manufacturer or distributor is not
required to pay compensation pursuant to paragraph (e) of subsection 1 if the
dealer has been convicted of a crime involving fraud in connection with his or
her application for or operation of the franchise.
5. This section does not relieve a dealer
of the obligation to mitigate damages resulting from the termination or refusal
to continue the franchise.
(Added to NRS by 1987, 2200; A 1999, 2508; 2003,
20th Special Session, 300)
NRS 482.363523 Termination or discontinuation of franchise: Duties of dealer. Upon the termination or refusal to continue a
franchise, the dealer:
1. May not require reimbursement by the
manufacturer or distributor for any parts or services furnished by the dealer,
after the effective date of the termination or refusal to continue, to
customers pursuant to any warranties of the manufacturer or distributor;
2. Shall deliver to the manufacturer or
distributor any invoices and money deposited by customers for vehicles or other
products of the manufacturer or distributor that were not delivered to the
customers before the effective date of the termination or refusal to continue;
and
3. Shall furnish the manufacturer or
distributor with copies of all of his or her records concerning the servicing
of any vehicle or other product of the manufacturer or distributor. The
manufacturer or distributor shall reimburse the dealer for the reasonable cost
of compiling and copying the records and delivering the copies.
(Added to NRS by 1987, 2201; A 2003,
20th Special Session, 301)
NRS 482.36354 Modification or replacement of franchise: Notice; protest by
dealer; hearing; change of area of primary responsibility of dealer;
requirement for franchise agreement to be offered if manufacturer is purchased
by another manufacturer or entity.
1. A manufacturer or distributor shall not
modify the franchise of a dealer or replace the franchise with another
franchise if the modification or replacement would have a substantially adverse
effect upon the dealer’s investment or obligations to provide sales and
service, unless:
(a) The manufacturer or distributor has given
written notice of its intention to the Director and the dealer affected by the
intended modification or replacement; and
(b) Either of the following conditions occurs:
(1) The dealer does not file a protest
with the Director within 30 days after receiving the notice; or
(2) After a protest has been filed with
the Director and the Director has conducted a hearing, the Director issues an
order authorizing the manufacturer or distributor to modify or replace the
franchise.
2. The notice required by subsection 1
must be given to the dealer and to the Director at least 60 days before the
date on which the intended action is to take place.
3. If a manufacturer or distributor changes
the area of primary responsibility of a dealer, the change constitutes a
modification of the franchise of the dealer for the purposes of NRS 482.36311 to 482.36425,
inclusive. As used in this subsection, “area of primary responsibility” means
the geographic area in which a dealer, pursuant to a franchise agreement, is
responsible for selling, servicing and otherwise representing the products of a
manufacturer or distributor.
4. Notwithstanding the provisions of this
section, if a manufacturer is purchased by another manufacturer or entity, a
dealer must be offered a franchise agreement that is substantially similar to
the franchise agreement offered to other dealers of the same line and make of
vehicles.
(Added to NRS by 1981, 699; A 2005, 1147; 2011, 1027)
NRS 482.36355 Considerations for determining good cause for termination,
discontinuation, modification or replacement of franchise. In determining whether good cause has been
established for permitting a manufacturer or distributor to terminate, refuse
to continue, modify or replace a franchise, the Director shall consider,
without limitation:
1. The amount of business transacted by
the dealer, as compared to the business available to the dealer, but only if
there was merchandise available to the dealer in sufficient quantities of
models to match competitive makes and models available in the relevant
marketing area. All transactions and all registrations must be taken into
account within the area covered by the franchise.
2. The investment necessarily made and
obligations incurred by the dealer to perform its part of the franchise.
3. Whether the proposed action would be
injurious or beneficial to the public welfare.
4. Whether the dealer has adequate new
facilities for sales and service, equipment, vehicle parts and qualified
personnel to provide reasonably for the needs of the customers for the new
vehicles handled by the dealer, and whether the dealer has been and is
rendering adequate services to the public.
5. Whether the dealer fails to fulfill warranty
obligations of the manufacturer or distributor to be performed by the dealer.
6. The extent of the dealer’s failure, if
any, to comply with the terms of the franchise.
7. Whether the dealer, the successor in
interest of the dealer or the manufacturer or distributor has complied with the
provisions of NRS 482.36396 to 482.36414, inclusive.
(Added to NRS by 1981, 699; A 1985, 1832; 1999, 2509)
NRS 482.36356 Additional criteria for determining existence of good cause for
termination, discontinuation, modification or replacement of franchise or for
establishing additional dealership or relocating existing dealership.
1. In addition to other criteria provided
for determining whether good cause exists for terminating, refusing to
continue, modifying or replacing a franchise, or for establishing an additional
dealership or relocating an existing dealership, the Director shall consider
the lasting nature of each affected dealer’s investment. The investment
includes commitments of the owner to the dealership, the value of time and
effort devoted to building the business, and any real property of the owner
used by the dealership whether or not held in the name of the dealership.
2. The sole fact that a manufacturer or
distributor desires further penetration of the market does not constitute good
cause to take any of the actions described in subsection 1.
(Added to NRS by 1999, 2505)
NRS 482.36357 Establishment or relocation of dealership in marketing area of
dealer in same line and make of vehicles: Notice; protest of dealer; hearing;
exemptions.
1. Except as otherwise provided in
subsection 2, a manufacturer or distributor shall not enter into a franchise
which would establish an additional dealership for new vehicles or relocate an
existing dealership within the relevant market area of another dealer in the
same line and make of vehicles unless:
(a) The manufacturer or distributor has given
written notice of its intention to the Director and to each dealer in the same
line and make in the relevant market area; and
(b) Either of the following conditions occurs:
(1) None of the dealers affected files a
protest with the Director within 15 days after receiving the notice or within
15 days after the end of any appeal procedure provided in the franchise
agreement; or
(2) After a protest has been filed with
the Director and the Director has conducted a hearing, the Director finds that
there is not good cause for preventing the intended establishment or relocation
of a dealership and issues an order authorizing the manufacturer or distributor
to establish the additional dealership or relocate the existing dealership.
2. The requirements of this section do not
apply to:
(a) Relocation of a dealership if the new
location is within 2 miles of the former location and is within the same city
and relevant market area as the former location.
(b) The establishment of a branch office of the
manufacturer or distributor for the purpose of selling vehicles at a fair,
exhibition or similar event if the branch office is not intended to operate for
more than 30 days.
(c) Reopening of a dealership which has been out
of operation for less than 2 years.
(Added to NRS by 1981, 700)
NRS 482.363571 Manufacturer prohibited from modifying franchise of or taking
adverse action against dealer for selling vehicle which is later exported
outside of United States; exception. A
manufacturer shall not modify the franchise of a dealer or take any adverse
action against a dealer that sells a vehicle which is later exported outside
the United States, unless the dealer had actual knowledge of or reasonably
should have known of the exportation of the vehicle.
(Added to NRS by 2011, 1027)
NRS 482.363573 Substantial alteration of existing facility of dealer:
Restrictions on manufacturer; criteria that constitute modification of
franchise agreement.
1. A manufacturer shall not require a
dealer:
(a) To alter substantially an existing facility
of the dealer; or
(b) To construct a new facility,
Ê for any new
vehicles that are handled by the dealer unless the alteration or new
construction constitutes a reasonable facility requirement in accordance with
the franchise agreement.
2. If a manufacturer requires a
substantial alteration of an existing facility of the dealer or requires the
dealer to construct a new facility, that requirement constitutes a modification
of the franchise of the dealer for the purposes of this section and NRS 482.36311 to 482.36425,
inclusive.
(Added to NRS by 2011, 1026)
NRS 482.363575 Director to adopt regulations for conduct of discovery
preliminary to hearings required for termination, discontinuation, modification
or replacement of franchises or for establishment or relocation of dealership
in marketing area of another dealer in same line and make of vehicles. The Director shall adopt regulations for the
conduct of discovery preliminary to each hearing required pursuant to NRS 482.36352, 482.36354
or 482.36357. The practice so established must
conform insofar as practicable to the practice established for use in the
district courts pursuant to N.R.C.P.
26 to 37, inclusive.
(Added to NRS by 1999, 2505)
NRS 482.36358 Considerations for determining good cause for establishing or
relocating dealership in marketing area of dealer in same line and make of
vehicles. In determining whether
good cause has been established for preventing a manufacturer or distributor
from establishing an additional dealership or relocating an existing dealership
within the relevant market area of another dealer in the same line and make of
vehicles, the Director shall consider, without limitation:
1. The effect of the intended action on
the business of selling new vehicles at retail in the relevant market area.
2. Whether the establishment of an
additional dealership or the relocation of an existing dealership for vehicles
of the particular line and make would be injurious to the welfare of the
public.
3. Whether the dealers franchised to sell
new vehicles of the particular line and make in the relevant market area are
providing adequate competition, convenient customer service and adequate
personnel and facilities for sales of the vehicles to persons in the area, as
well as adequate equipment, spare parts and qualified mechanics and other
service personnel for repair and maintenance of the vehicles.
4. Whether the establishment of an
additional dealership or the relocation of an existing dealership would
increase constructive competition and therefore be in the public interest.
5. Any other fact which the Director
regards as relevant to the decision required of the Director.
(Added to NRS by 1981, 701; A 1999, 2509; 2003,
20th Special Session, 301)
NRS 482.36361 Written protests: Notice; manufacturer or distributor not to
take further action pending determination; hearing; consolidation of hearings.
1. If the Director receives a written
protest from a dealer pursuant to NRS 482.36352, 482.36354 or 482.36357,
the Director shall give notice as follows:
(a) To the manufacturer or distributor, that the
protest has been filed and that the manufacturer or distributor may not take
the intended action which has given rise to the protest until the Director has
made his or her findings and issued an order permitting the manufacturer or
distributor to do so; and
(b) To any other dealer who has requested such a
notice or who may be adversely affected by the intended action, that the
protest has been filed.
2. A manufacturer or distributor who
receives a notice pursuant to this section shall not proceed with the action
which has given rise to the protest until the Director notifies the
manufacturer or distributor that the Director has made a decision authorizing
the manufacturer or distributor to proceed with that action.
3. Upon completion of discovery by the
parties, the Director shall schedule a hearing upon the protest, to be held
within 60 days thereafter.
4. If two or more protests are filed
concerning a particular intended action, the Director may consolidate the
hearings on the protests.
(Added to NRS by 1981, 701; A 1999, 2510)
NRS 482.36363 Hearings: Burden of proof; consideration of economic effect.
1. In any hearing on a protest filed
pursuant to NRS 482.36352, 482.36354 or 482.36357,
the manufacturer or distributor has the burden of proof to establish that there
is good cause to terminate, refuse to continue, modify or replace a franchise,
or to establish an additional dealership or relocate an existing dealership.
2. In any hearing on a protest filed
pursuant to NRS 482.36357, the Director shall
consider the economic effect of the proposed action upon the protesting dealer.
(Added to NRS by 1981, 701; A 1999, 2510)
NRS 482.36366 Hearings: Fees for witness; assessment of costs; attorney’s
fees.
1. Each witness, other than an officer or
employee of the State or of a political subdivision of the State or an expert
witness, who appears by order of the Director in a hearing pursuant to NRS 482.36311 to 482.36425,
inclusive, is entitled to receive for attending the hearing the same fees
allowed by law to witnesses in civil cases. Except as otherwise provided in
subsection 2, the amount must be paid by the party at whose request the witness
is ordered to appear.
2. The Director may assess other costs
against the parties as the Director deems appropriate. After any hearing on a
protest filed pursuant to NRS 482.36352, 482.36354 or 482.36357,
if the Director determines that the manufacturer or distributor has failed to
establish that there is good cause to terminate, refuse to continue, modify or
replace a franchise, or to establish an additional dealership or relocate an
existing dealership, the Director shall award to the dealer attorney’s fees and
costs.
3. For the purposes of this section,
“costs” includes:
(a) Except as otherwise provided in paragraph
(b), any applicable cost set forth in NRS
18.005; and
(b) The actual amount of any fees paid by a
dealer to an expert witness in connection with the hearing.
(Added to NRS by 1981, 702; A 2003,
20th Special Session, 302)
NRS 482.36368 Decision of Director: Judicial review; notice.
1. The decision of the Director concerning
a protest filed pursuant to NRS 482.36352, 482.36354 or 482.36357,
is a final decision in a contested case for the purpose of judicial review.
2. The decision is not subject to
rehearing or reconsideration by the Director after it is received by the
parties.
3. When the written decision of the Director
is delivered to the parties, copies of the decision, including the findings of
fact as well as the determination of the issues, must be delivered to all
persons who have requested notice of such decisions.
(Added to NRS by 1981, 702)
NRS 482.36371 Unfair practices: Change in capital structure, executive
management, ownership or control; compensation for value of dealership; consent
not to be unreasonably withheld; time period for complying with request for
consent; effect of failure to grant or deny request.
1. It is an unfair act or practice for any
manufacturer, distributor or factory branch, directly or through any
representative, to:
(a) Prevent or require or attempt to prevent or
require by contract or otherwise any change in the capital structure of a
dealer or the means by which the dealer finances his or her operation if at all
times the dealer meets any reasonable standards for capital previously agreed
to by the dealer and the manufacturer or distributor. A dealer may not change
the capital structure if it causes a change in the ownership or control of the
franchised dealership, or has the effect of a sale of the franchised
dealership, without the consent of the manufacturer or distributor. The consent
must not be unreasonably withheld.
(b) Prevent or require or attempt to prevent or
require a dealer to change his or her executive management.
(c) Prevent or require or attempt to prevent or
require by contract or otherwise the sale or transfer of any part of the
interest of the principal owner or any officer, partner or stockholder of any
dealership to any other person. Except as otherwise provided in NRS 482.36396 to 482.36414,
inclusive, a principal owner, officer, partner or stockholder may not cause a
change in the control of the dealership or sell, transfer or assign the
franchise or any right thereunder without the consent of the manufacturer or
distributor. The consent must not be unreasonably withheld.
(d) Prevent or attempt to prevent a dealer from
receiving fair and reasonable compensation for the value of the franchised
dealership as a going concern.
2. If the consent of a manufacturer or
distributor to a change of ownership or control is requested pursuant to
paragraph (a) or (c) of subsection 1, the manufacturer or distributor shall
grant or deny the request, in writing, within 60 days after receipt of the
request. If the request is denied, the material reasons for the denial must be
stated. Failure to grant or deny the request, in writing, within 60 days has
the effect of granting the request.
(Added to NRS by 1977, 555; A 1985, 1833; 1999, 2510)
NRS 482.3638 Unfair practices: Release from liability; limitations on
settlement of controversies; unlawful terms or conditions of franchise
agreements; price increases; participation in ownership; unlawful acts against
franchise; preventing dealer from selling or servicing another line or make of
new vehicles. It is an unfair act
or practice for any manufacturer, distributor or factory branch, directly or
through any representative, to:
1. Require a dealer to agree to a release,
assignment, novation, waiver or estoppel which purports to relieve any person
from liability imposed by this chapter, or require any controversy between a
dealer and a manufacturer, distributor or representative to be referred to any
person or agency except as set forth in this chapter if that referral would be
binding on the dealer, except that this section does not prevent the parties
from mutually agreeing to arbitration pursuant to law.
2. Require a dealer to agree to the
jurisdiction, venue or tribunal in which a controversy arising under the
provisions of the franchise agreement may or may not be submitted for
resolution, or prohibit a dealer from bringing an action in any forum allowed by
Nevada law.
3. Require a dealer to agree to a term or
condition of a franchise agreement which violates or waives any provision of NRS 482.36311 to 482.36425,
inclusive. A waiver of any provision of NRS 482.36311
to 482.36425, inclusive, is void and
unenforceable.
4. Require a dealer to waive a trial by
jury in actions involving the manufacturer, distributor or factory branch.
5. Increase prices of new vehicles which
the dealer had ordered for private retail consumers before the dealer receives
the written official notification of a price increase. A sales contract signed
by a retail consumer constitutes evidence of each order. Price changes
applicable to new models or series of vehicles at the time of the introduction
of the new models or series shall not be deemed a price increase. Price changes
caused by:
(a) The addition to a vehicle of equipment
formerly optional as standard or required equipment pursuant to state or
federal law;
(b) Revaluation of the United States dollar in
the case of foreign-made vehicles; or
(c) Transportation cost increases,
Ê are not
subject to this subsection.
6. Deny the principal owner the
opportunity to designate his or her spouse, a member of his or her family, a
qualified manager, or a trust or other artificial person controlled by any of
them as entitled to participate in the ownership of:
(a) The franchised dealership;
(b) A successor franchised dealership for 2 years
or a longer reasonable time after the incapacity of the principal owner; or
(c) A successor franchised dealership after the
death of the principal in accordance with NRS
482.36396 to 482.36414, inclusive.
7. Modify unilaterally, replace, enter
into, relocate, terminate or refuse to renew a franchise in violation of law.
8. Terminate or refuse to approve a
transfer of a franchise for a dealership, or honor the right of succession set
forth in a franchise agreement or refuse to approve the transfer of a
controlling interest in a dealership because the dealer has, before October 1,
1997, established an additional franchise to sell or service another line or
make of new vehicles in the same facility as the existing dealership.
9. Prevent a dealer from establishing, on
or after October 1, 1997, an additional franchise to sell or service another
line or make of new vehicles in the same facility as the existing dealership if
the dealer:
(a) Submits a written request for approval of the
additional franchise to the manufacturer, distributor or factory branch of the
existing dealership;
(b) Complies with the reasonable requirements for
approval set forth in the franchise of the existing dealership; and
(c) Obtains the approval of the manufacturer,
distributor or factory branch of the existing dealership.
Ê The
manufacturer, distributor or factory branch shall notify the dealer in writing
of its decision to approve or deny the request within 90 days after receipt of
the request. The manufacturer, distributor or factory branch shall not
unreasonably withhold its approval. If the request is denied, the material
reasons for the denial must be stated. Failure to approve or deny the request,
in writing, within 90 days has the effect of approval.
(Added to NRS by 1977, 556; A 1985, 1833; 1987, 254; 1989, 208; 1997, 3214; 1999, 2511; 2003,
20th Special Session, 302; 2005, 1147; 2013, 639)
NRS 482.36385 Unfair practices: Competition by manufacturer, distributor or
branch of factory; discrimination; compensation of dealer; failure to pay,
approve or disapprove claim or accept amended claim; sale to unlicensed person;
deceptive advertising or acts; audits performed more than 9 months after date
of claim; acts relating to appeals of results of audits. It is an unfair act or practice for any
manufacturer, distributor or factory branch, directly or through any
representative, to:
1. Compete with a dealer. A manufacturer
or distributor shall not be deemed to be competing when operating a previously
existing dealership temporarily for a reasonable period, or in a bona fide
retail operation which is for sale to any qualified person at a fair and reasonable
price, or in a bona fide relationship in which a person has made a significant
investment subject to loss in the dealership and can reasonably expect to
acquire full ownership of the dealership on reasonable terms and conditions.
2. Discriminate unfairly among its
dealers, or fail without good cause to comply with franchise agreements, with
respect to warranty reimbursement or authority granted to its dealers to make
warranty adjustments with retail customers.
3. Fail to compensate a dealer fairly for
the work and services which the dealer is required to perform in connection
with the delivery and preparation obligations under any franchise, or fail to
compensate a dealer fairly for labor, parts and other expenses incurred by the
dealer under the manufacturer’s warranty agreements. The manufacturer shall set
forth in writing the respective obligations of a dealer and the manufacturer in
the preparation of a vehicle for delivery, and as between them a dealer’s
liability for a defective product is limited to the obligation so set forth.
Fair compensation includes diagnosis and reasonable administrative and clerical
costs. The dealer’s compensation for parts and labor to satisfy a warranty must
not be less than the amount of money charged to its various retail customers
for parts and labor that are not covered by a warranty. If parts are supplied
by the manufacturer, including exchanged parts and assembled components, the
dealer is entitled with respect to each part to an amount not less than the
dealer’s normal retail markup for the part. This subsection does not apply to
compensation for any part, system, fixture, appliance, furnishing, accessory or
feature of a motor home or recreational vehicle that is designed, used and
maintained primarily for nonvehicular, residential purposes.
4. Fail to:
(a) Pay all claims made by dealers for
compensation for delivery and preparation work, transportation claims, special
campaigns and work to satisfy warranties within 30 days after approval, or fail
to approve or disapprove such claims within 30 days after receipt;
(b) Disapprove any claim without notice to the
dealer in writing of the grounds for disapproval; or
(c) Accept an amended claim for labor and parts
if the amended claim is submitted not later than 60 days after the date on
which the manufacturer or distributor notifies the dealer that the claim has
been disapproved and the disapproval was based on the dealer’s failure to
comply with a specific requirement for processing the claim, including, without
limitation, a clerical error or other administrative technicality that does not
relate to the legitimacy of the claim.
Ê Failure to
approve or disapprove or to pay within the specified time limits in an
individual case does not constitute a violation of this section if the failure
is because of reasons beyond the control of the manufacturer, distributor or
factory branch.
5. Sell a new vehicle to a person who is
not licensed as a new vehicle dealer under the provisions of this chapter.
6. Use false, deceptive or misleading
advertising or engage in deceptive acts in connection with the manufacturer’s
or distributor’s business.
7. Perform an audit to confirm a warranty
repair, sales incentive or rebate more than 9 months after the date on which
the claim was made. An audit of a dealer’s records pursuant to this subsection
may be conducted by the manufacturer or distributor on a reasonable basis, and
a dealer’s claim for warranty or sales incentive compensation must not be
denied except for good cause, including, without limitation, performance of
nonwarranty repairs, lack of material documentation, fraud or
misrepresentation. A dealer’s failure to comply with the specific requirements
of the manufacturer or distributor for processing the claim does not constitute
grounds for the denial of the claim or the reduction of the amount of
compensation to the dealer if reasonable documentation or other evidence has
been presented to substantiate the claim. The manufacturer or distributor shall
not deny a claim or reduce the amount of compensation to the dealer for
warranty repairs to resolve a condition discovered by the dealer during the
course of a separate repair.
8. Prohibit or prevent a dealer from
appealing the results of an audit to confirm a warranty repair, sales incentive
or rebate, or to require that such an appeal be conducted at a location other
than the dealer’s place of business.
(Added to NRS by 1977, 556; A 1991, 1583; 1999, 2512; 2003,
20th Special Session, 303; 2005, 1148; 2011, 1027)
NRS 482.36386 Unfair practices: Selling or offering to sell new vehicle, parts
or accessories at lower actual price than offered or charged another dealer;
exceptions. It is an unfair act or
practice for a manufacturer or distributor to:
1. Sell or offer to sell a new vehicle to
a dealer at a lower actual price than the actual price offered to another
dealer for the same model similarly equipped or to use a promotion or other
device that results in a lower actual price. This subsection does not apply to
a sale to a governmental unit or to a dealer for resale to a governmental unit,
or to a sale to a dealer of a vehicle ultimately sold, donated or used by the
dealer or in a program of drivers’ education.
2. Offer, sell or lease a new vehicle to
any person, except a distributor, at a lower actual price than the price
offered or charged a dealer for the same model similarly equipped, or use any
device that results in a lower actual price.
3. Offer or sell parts or accessories to a
dealer for the dealer’s own use in repairing or replacing the same or a
comparable part or accessory at a lower actual price than the actual price
charged to another dealer for a similar use, but a lower price may be charged
to a dealer who buys as a distributor for resale to retail outlets than is
charged to a dealer who does not buy for that purpose.
(Added to NRS by 1999, 2506; A 2003,
20th Special Session, 304)
NRS 482.36387 Unfair practices: Ownership or operation of facility for repair
or maintenance of vehicles by manufacturer or distributor or certain persons or
entities under common control therewith; exception. A
manufacturer or distributor, or an agent, officer, parent, subsidiary or
enterprise under common control with a manufacturer or distributor shall not
own or operate a facility for the repair or maintenance of vehicles except:
1. Vehicles owned or operated by the
manufacturer, distributor or a related person; or
2. Service required to comply with a
statute or regulation or the order of a court.
(Added to NRS by 1999, 2505; A 2003,
20th Special Session, 304)
NRS 482.36388 Unfair practices: Putting into effect unfair, unreasonable or
inequitable method for allocation, scheduling or delivery of new vehicles,
parts or accessories; refusal or failure to deliver new vehicles, parts or
accessories; exception. A
manufacturer, importer or distributor shall not:
1. Adopt or put into effect a method for
the allocation, scheduling or delivery of new vehicles, parts or accessories to
its dealers that is not fair, reasonable and equitable or change an existing
method so as to be unfair, unreasonable or inequitable. Upon the request of a
dealer, a manufacturer, importer or distributor shall disclose in writing to
the dealer the method by which new vehicles, parts and accessories are
allocated, scheduled or delivered to its dealers handling the same line or make
of vehicles.
2. Refuse or fail to deliver, in
reasonable quantities and within a reasonable time after receipt of an order,
to a dealer holding a franchise for a line or make of vehicle sold or
distributed by the manufacturer, importer or distributor any new vehicle sold
under the same name, trademark, service mark or brand, or parts or accessories
for the new vehicle, if the vehicle, parts or accessories are being delivered
to others or advertised as available for delivery, or require a dealer to
purchase unreasonable advertising displays or other materials, or require a
dealer to remodel or renovate existing facilities as a prerequisite to
receiving a model or series of vehicles. Compliance with this subsection is
excused if prevented by an act of God, strike or labor dispute, embargo or
other cause beyond the control of the manufacturer, importer or distributor.
(Added to NRS by 1999, 2506; A 2003,
20th Special Session, 305)
NRS 482.36389 Unfair practices: Requiring dealer to disclose information
concerning customer to manufacturer or third party; prohibiting or preventing
dealer from disclosing information concerning service, repair or recall notice,
or notifying customer of warranty information. A
manufacturer shall not:
1. Require a dealer to disclose
information concerning a customer to the manufacturer or a third party if the
customer objects or the disclosure is otherwise unlawful; or
2. Prohibit or prevent a dealer from
disclosing a service, repair guidance or recall notice that is documented by
the manufacturer or notifying customers of available warranty coverage and
expiration dates of existing warranty coverage.
(Added to NRS by 1999, 2507; A 2011, 1029)
NRS 482.36391 Unfair practices: Inducing dealer by coercion to order or accept
vehicle, parts, accessories or other commodities. No
manufacturer, distributor, factory branch or representative thereof may induce
by means of coercion, intimidation or discrimination any dealer to:
1. Order or accept delivery of any
vehicle, parts or accessories therefor, or any other commodity which was not
voluntarily ordered by the dealer.
2. Order or accept delivery of any vehicle
with special features, appliances, accessories or equipment not included in the
list price of the vehicle as publicly advertised by the manufacturer thereof.
3. Order from any person any parts,
accessories, equipment, machinery, tools, appliances or other commodity.
(Added to NRS by 1969, 674; A 1977, 558; 2003,
20th Special Session, 305)
NRS 482.36395 Unfair practices: Encouraging dealer to sell or lease vehicles
through deceptive practices; refusal to deliver order; requiring payment of
costs for promotion or advertising; requiring compliance with standards
exceeding commonly accepted business practices; taking certain actions against
dealer based solely on survey of dealer’s customers. No
manufacturer, distributor, factory branch or representative thereof may:
1. Encourage, aid or abet a dealer to sell
or lease vehicles through any false, deceptive or misleading sales or financing
practice.
2. Refuse to deliver an order of a dealer
within 60 days after the order is received in writing unless the inability to
deliver the order is caused by shortage or curtailment of material, labor,
production capacity, transportation or utility services, or to any labor or
production difficulty, or to any cause beyond the reasonable control of the
manufacturer or distributor.
3. Coerce, compel or otherwise require any
dealer to pay over or to repay any amount of money or other consideration which
is in substantiation of or repayment for any advertising, promotional activity
or scheme, or method of implementing the sale or lease of vehicles.
4. Demand or require, directly or
indirectly, a dealer to pay any amount of money which is projected or proposed
for the advertisement, display or promotion of any vehicle which is being sold
or leased pursuant to a franchise, unless the dealer has agreed thereto in
writing.
5. Demand or require, directly or
indirectly, a dealer to comply with standards which exceed commonly accepted
business practices within the vehicle industry relating to sales, leases or
service of vehicles.
6. Based solely upon the results of a
survey of a dealer’s customers conducted by or on behalf of a manufacturer
which is intended or otherwise purports to measure the performance of a dealer:
(a) Discriminate, directly or indirectly, against
a dealer;
(b) Take any action to terminate a dealer’s
franchise; or
(c) Refuse to consent to the designation of a
successor, refuse to honor a right of succession set forth in a franchise or
refuse to approve the transfer of a controlling interest in a dealership.
Ê This subsection
does not prohibit a manufacturer, distributor, factory branch or representative
thereof from conducting a contest or other award program to recognize the
performance of a dealer based on reasonable criteria relating to sales, leases
or service of vehicles.
(Added to NRS by 1969, 674; A 1977, 558; 1995, 2822; 1999, 2513, 3284; 2001, 237; 2003,
20th Special Session, 305)
NRS 482.36396 Death of dealer: Termination of franchise prohibited if dealer
designates successor in interest; primary and alternate successors in interest.
1. On or after January 1, 1986, no
manufacturer or distributor may include in any franchise agreement whose
duration exceeds 1 year any provision which calls for the termination of the
franchise by the manufacturer or distributor upon the death of the dealer if
the dealer, in a form prescribed by and delivered to the manufacturer or
distributor, designates as successor in interest his or her spouse or an adult
child, who meets the current requirements for a franchise.
2. A dealer may designate a primary and
one alternate successor in interest. An alternate successor in interest has no
rights under NRS 482.36396 to 482.36412, inclusive, in the event of any exercise
of rights by the primary successor in interest.
(Added to NRS by 1985, 1829)
NRS 482.36397 Death of dealer: Notice of assumption and commencement of
operation of franchise by designated successor; deposit by dealer; arrangements
for discharge of terms of franchise agreement for period after death.
1. Within 21 days after the death of a
dealer, a designated successor in interest must notify the manufacturer or distributor
in writing of his or her decision to assume and operate the franchise, and
commence operation under the franchise within 10 days after it has been
assumed. The notification must contain all information reasonably requested by
the manufacturer or distributor regarding the successor’s business experience
and financial condition. If an alternate successor in interest desires to
assume the franchise upon the decision of the primary successor in interest not
to do so, the alternate successor must comply with all requirements of this
subsection, giving notice within 21 days after the primary successor’s
decision.
2. A manufacturer or distributor may
require a dealer who designates a successor in interest to deposit with the
manufacturer or distributor at the time of the designation a sum reasonably
determined to compensate the manufacturer or distributor under the terms of the
franchise agreement if a designated successor in interest fails to assume the
franchise within 21 days after the death of the dealer. If the franchise is
assumed within 21 days or the franchise is temporarily operated by the
manufacturer or distributor within that period, any unearned portion of the
deposit must be refunded to the estate or legal representative of the deceased dealer.
3. In addition, the manufacturer or
distributor may require a dealer who designates a successor in interest to
arrange for the discharge of certain terms of the franchise agreement for a
period of not more than 21 days after the dealer’s death, but the manufacturer
or distributor may not require the business under the franchise to remain open
to the public during that period.
(Added to NRS by 1985, 1830)
NRS 482.36398 Death of dealer: Operation of business and accounting to heirs
or estate by manufacturer or distributor pending assumption by designated
successor; accounting to heirs or estate by successor.
1. After the death of a dealer and before
the operation of the business under the franchise by a designated successor in
interest, the manufacturer or distributor may operate the business by contract
or otherwise for his or her own account without obligation or duty to the heirs
or estate of the deceased dealer or to the successor in interest except for the
obligation to account to the heirs or estate of the deceased dealer for unused
portions of prepaid rent or other sums prepaid by the dealer and for any
physical inventory used or sold by the manufacturer or distributor.
2. If the successor in interest assumes
the franchise and there has been no intervening operation by the manufacturer
or distributor, the successor in interest shall account to the heirs or estate
of the deceased dealer for the value or other disposition of personal property
of the deceased dealer located at the business or related to the business or
franchise.
(Added to NRS by 1985, 1830)
NRS 482.36399 Assumption of provisions of franchise agreement by successor
required. Unless the manufacturer
or distributor otherwise agrees in writing, a successor in interest may not
operate under the franchise agreement until all provisions of the agreement
have been expressly assumed by the successor, including, but not limited to:
1. Leases;
2. Agreements relating to products;
3. Agreements relating to loaned
equipment;
4. Agreements to comply with federal and
state environmental law;
5. Licenses; and
6. Permits relating to taxes.
(Added to NRS by 1985, 1830)
NRS 482.36412 Franchise assumable by successor same as existed at death of
dealer. The franchise assumable by
a successor in interest is the same as it existed in the name of the deceased
dealer at the time of the dealer’s death.
(Added to NRS by 1985, 1831)
NRS 482.36413 Termination of franchise upon divorce prohibited; award of
franchise to either party in divorce action. On
or after January 1, 1986, no manufacturer or distributor may include in any
franchise agreement whose duration exceeds 1 year any provision which calls for
the termination of the franchise by the manufacturer or distributor upon the
divorce of the dealer. The franchise may be awarded by the court to either
party in a divorce action as part of the property settlement, and the party to
whom it is awarded may continue to operate the business under the terms of the
franchise agreement.
(Added to NRS by 1985, 1831)
NRS 482.36414 License as dealer required for assumption of operation of
franchise. A person who assumes
operation of a franchise pursuant to NRS 482.36396
to 482.36414, inclusive, must be licensed as a
dealer pursuant to the provisions of NRS 482.318 to
482.363, inclusive.
(Added to NRS by 1985, 1831; A 1987, 1084; 2003, 1906; 2009, 2757)
NRS 482.36419 Exercise of right of first refusal by manufacturer or
distributor if transfer of all or substantially all assets of dealership is
proposed: Requirements; prohibited acts.
1. Except as otherwise provided in NRS 482.36396 to 482.36414,
inclusive, if a transfer of the entire, or substantially the entire, ownership
or of all, or substantially all, the assets of a dealership is proposed, a manufacturer
or distributor may exercise a contractual right of first refusal only if all
the following requirements are met:
(a) The transfer is not to the dealer’s spouse, a
member of the dealer’s family, a qualified manager, or a trust or artificial
person controlled by any of them.
(b) The manufacturer or distributor notifies the
dealer in writing, within 60 days after receipt of the completed form and
information customarily used to review such transfers and a copy of all
relevant agreements, of its intent to exercise the right of first refusal or
its rejection of the proposed transfer. If the manufacturer or distributor fails
to notify the dealer within the 60-day period, the effect is to approve the
proposed transfer.
(c) The exercise of the right of first refusal
provides to the dealer the same compensation as or greater compensation than
the dealer had negotiated to receive from the proposed transferee.
(d) The manufacturer or distributor agrees to pay
the reasonable expenses, including attorney’s fees that do not exceed the usual
and reasonable fees charged to other clients for similar work, incurred by the
proposed transferee before the exercise of the right of first refusal in
negotiating and putting into effect the proposed transfer.
2. A manufacturer or distributor shall not
utilize a right of first refusal to influence terms offered by a third person,
or to influence a third person to refrain from negotiating, for the acquisition
of a dealership.
(Added to NRS by 1999, 2506)
NRS 482.36423 Action for injunctive relief or civil damages; service of
process; time to answer or plead.
1. Whenever it appears that a person has
violated, is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425,
inclusive, any person aggrieved thereby may apply to the district court in the
county where the defendant resides, or in the county where the violation or
threat of violation occurs, for injunctive relief to restrain the person from
continuing the violation or threat of violation.
2. In addition to any other judicial
relief, any dealer or person who assumes the operation of a franchise pursuant
to NRS 482.36396 to 482.36414,
inclusive, who is injured in his or her business or property by reason of a
violation of NRS 482.36311 to 482.36425, inclusive, may bring an action in the
district court in which the dealership is located, and may recover three times
the pecuniary loss sustained by the dealer or person, and the cost of suit,
including a reasonable attorney’s fee. The amount of pecuniary loss sustained
by a dealer, pursuant to subsection 7 of NRS 482.3638,
is the fair market value of the franchised dealership at the time of
notification of termination, refusal to continue or unilateral modification of
a franchise.
3. Any artificial person created and
existing under the laws of any other state, territory, foreign government or
the government of the United States, or any person residing outside the State,
who grants a franchise to any dealer in this State may be served with any legal
process in any action for injunctive relief or civil damages in the following
manner:
(a) By delivering a copy of the process to the
Director; and
(b) By mailing to the last known address of the
manufacturer or distributor, by certified mail, return receipt requested, a
copy of the summons and a copy of the complaint, together with copies of any
petition or order for injunctive relief.
4. The defendant has 30 days, exclusive of
the day of service, within which to answer or plead.
5. The method of service provided in this
section is cumulative and may be utilized with, after or independently of all
other methods of service.
(Added to NRS by 1977, 557; A 1985, 1834; 1989, 209; 1999, 2514; 2003,
20th Special Session, 306; 2005, 1149;
2014, 28th Special Session, 5)
NRS 482.36425 Civil penalty; civil suit by Attorney General.
1. Any manufacturer or distributor who
willfully violates any provision of NRS 482.36311
to 482.36425, inclusive, is subject to a civil
penalty of not less than $50 nor more than $1,000 for each day of violation and
for each act of violation. All civil penalties recovered must be paid to the
State of Nevada.
2. Whenever it appears that a manufacturer
or distributor has violated, is violating or is threatening to violate any
provision of NRS 482.36311 to 482.36425, inclusive, the Attorney General may
institute a civil suit in any district court of this State for injunctive
relief to restrain the violation or threat of violation or, if the violation or
threat is willful, for the assessment and recovery of the civil penalty, or
both.
(Added to NRS by 1977, 558; A 1981, 703; 2003,
20th Special Session, 307; 2014, 28th Special Session, 6)
Restrictions on Monopolistic Financing
NRS 482.3643 “Sell,” “sold,” “buy” and “purchase” defined. As used in NRS
482.3643 to 482.3665, inclusive, unless the
context otherwise requires, “sell,” “sold,” “buy” and “purchase” include
exchange, barter, gift and offer or contract to buy or sell.
(Added to NRS by 1969, 583; A 1985, 519)
NRS 482.3645 Agreement to finance through designated source which lessens
competition or creates monopoly unlawful; agreement declared void.
1. It is unlawful for any person who is
engaged, either directly or indirectly, in the manufacture or distribution of
motor vehicles, to sell or enter into a contract to sell motor vehicles,
whether patented or unpatented, to any person who is engaged or intends to
engage in the business of selling such motor vehicles at retail in this State,
on the condition or with an agreement or understanding, either express or
implied, that such person so engaged in selling motor vehicles at retail shall
in any manner finance the purchase or sale of any one or number of motor
vehicles only with or through a designated person or class of persons or shall
sell and assign the security agreements or leases arising from the sale of
motor vehicles or any one or number thereof only to a designated person or
class of persons, when the effect of the condition, agreement or understanding
so entered into may be to lessen or eliminate competition, or create or tend to
create a monopoly in the person or class of persons who are designated, by
virtue of such condition, agreement or understanding to finance the purchase or
sale of motor vehicles or to purchase such security agreements or leases.
2. Any such condition, agreement or
understanding is hereby declared to be void and against the public policy of
this State.
(Added to NRS by 1969, 583)
NRS 482.3647 Threat by manufacturer or distributor to discontinue sales to
retail seller prima facie evidence of violation. Any
threat, expressed or implied, made directly or indirectly to any person engaged
in the business of selling motor vehicles at retail in this State by any person
engaged, either directly or indirectly, in the manufacture or distribution of
motor vehicles, that such person will discontinue or cease to sell, or refuse
to enter into a contract to sell, or will terminate a contract to sell motor
vehicles, whether patented or unpatented, to such person who is so engaged in
the business of selling motor vehicles at retail, unless such person finances
the purchase or sale of any one or number of motor vehicles only with or
through a designated person or class of persons or sells and assigns the
security agreements or leases arising from the retail sales of motor vehicles
or any one or number thereof only to a designated person or class of persons is
prima facie evidence of the fact that such person so engaged in the manufacture
or distribution of motor vehicles has sold or intends to sell motor vehicles on
the condition or with the agreement or understanding prohibited in NRS 482.3645.
(Added to NRS by 1969, 583)
NRS 482.3649 Threat by person engaged in business of financing who is
affiliated with manufacturer or distributor to discontinue sales prima facie
evidence of violation. Any threat,
expressed or implied, made directly or indirectly, to any person engaged in the
business of selling motor vehicles at retail in this State by any person, or
any agent of any such person, who is engaged in the business of financing the
purchase or sale of motor vehicles or of buying security agreements or leases
on motor vehicles in this State and is affiliated with or controlled by any
person engaged, directly or indirectly, in the manufacture or distribution of
motor vehicles, that such person so engaged in such manufacture or distribution
will terminate the contract with or cease to sell motor vehicles to such person
engaged in the sale of motor vehicles at retail in this State unless such
person finances the purchase or sale of any one or number of motor vehicles
only or through a designated person or class of persons or sells and assigns
the security agreements or leases arising from the retail sale of motor
vehicles or any one or any number thereof only to such person so engaged in
financing the purchase or sale of motor vehicles or in buying security
agreements or leases on motor vehicles, is presumed to be made at the direction
of and with the authority of such person so engaged in such manufacture or
distribution of motor vehicles, and is prima facie evidence of the fact that
such person so engaged in the manufacture or distribution of motor vehicles has
sold or intends to sell motor vehicles on the condition or with the agreement
or understanding prohibited in NRS 482.3645.
(Added to NRS by 1969, 584)
NRS 482.3651 Giving of gratuity by manufacturer or wholesaler to person
financing sales which lessens competition or creates monopoly unlawful. It is unlawful for any person who is engaged,
directly or indirectly, in the manufacture or wholesale distribution only of
motor vehicles, whether patented or unpatented, to pay or give, or contract to
pay or give, any thing or service of value to any person who is engaged in the
business of financing the purchase or sale of motor vehicles or of buying
security agreements or leases on motor vehicles sold at retail within this
State if the effect of any such payment or the giving of any such thing or
service of value may be to lessen or eliminate competition, or tend to create
or create a monopoly in the person or class of persons who receive or accept
such thing or service of value.
(Added to NRS by 1969, 584)
NRS 482.3653 Acceptance of gratuity by person financing sales unlawful. It is unlawful for any person who is engaged
in the business of financing the purchase or sale of motor vehicles or of
buying security agreements or leases on motor vehicles sold at retail within
this State to accept or receive, or contract or agree to accept or receive,
either directly or indirectly, any payment, thing or service of value from any
person who is engaged, either directly or indirectly, in the manufacture or
wholesale distribution only of motor vehicles, whether patented or unpatented,
if the effect of the acceptance or receipt of any such payment, thing or
service of value may be to lessen or eliminate competition, or to create or
tend to create a monopoly in the person who accepts or receives, or contracts
or agrees to accept or receive, such payment, thing or service of value.
(Added to NRS by 1969, 584)
NRS 482.3655 Acceptance of gratuity: Unlawful financing of sales thereafter. It is unlawful for any person who accepts or
receives, either directly or indirectly, any payment, thing or service of
value, as provided in NRS 482.3653, or contracts,
either directly or indirectly, to receive any such payment or thing or service
of value, to finance or attempt to finance the purchase or sale of any motor
vehicle or buy or attempt to buy any security agreements or leases on motor
vehicles sold at retail in this State.
(Added to NRS by 1969, 585)
NRS 482.3657 Violation by corporation; penalty. When
there is a violation of any of the provisions of NRS
482.3643 to 482.3665, inclusive, by any
corporation mentioned in such sections, the Attorney General or the district
attorney of the proper county shall institute proper suits or quo warranto
proceedings in the district court of the county where the violation occurred
for the forfeiture of its charter rights, franchises or privileges and powers
exercised by such corporation.
(Added to NRS by 1969, 584)
NRS 482.3659 Violation by foreign corporation; penalty.
1. Every foreign corporation exercising
any of the powers, franchises or functions of a corporation in this State,
violating any of the provisions of NRS 482.3643 to
482.3665, inclusive, is prohibited from doing any
business in this State, and the Attorney General shall enforce this provision
by bringing proper proceedings by injunction or otherwise.
2. The Secretary of State is authorized to
revoke the license of any such corporation previously authorized by the
Secretary of State to do business in this State.
(Added to NRS by 1969, 585)
NRS 482.366 Agreements in violation of law void. Any
contract or agreement in violation of NRS 482.3643
to 482.3665, inclusive, is void and unenforceable
either in law or equity.
(Added to NRS by 1969, 585)
NRS 482.3661 Provisions cumulative. The
provisions of NRS 482.3643 to 482.3665, inclusive, are in addition to and do not
supersede any other prohibition or remedy provided by the laws of this State.
(Added to NRS by 1969, 585)
NRS 482.3663 Action for damages; additional parties defendant.
1. In addition to the criminal and civil
penalties provided in NRS 482.3643 to 482.3665, inclusive, any person who is injured in his
or her business or property by any other person or corporation or association
or partnership, by reason of anything forbidden or declared to be unlawful by NRS 482.3643 to 482.3665,
inclusive, may commence a civil action in any court having jurisdiction in the
county where the defendant resides or is found, or any agent resides or is
found, or where service may be obtained, and recover twice the damages by the
person sustained, and the costs of suit.
2. Whenever it appears to the court before
which any proceedings under NRS 482.3643 to 482.3665, inclusive, is pending that the ends of
justice require that other parties be brought before the court, the court may
cause them to be made parties defendant and summoned, whether they reside in
the county where such action is pending or not.
(Added to NRS by 1969, 585)
NRS 482.3665 Penalty.
1. Any person who:
(a) Violates any of the provisions of NRS 482.3643 to 482.3665,
inclusive;
(b) Is a party to any agreement, understanding or
contract prescribing any condition prohibited by NRS
482.3643 to 482.3665, inclusive, and any
employee, agent or officer of any such person who participates in any manner in
making, executing, enforcing or performing or in urging, aiding or abetting in
the performance of any such contract, condition, agreement or understanding;
(c) Pays or gives or contracts to pay or give any
thing or service of value prohibited by NRS 482.3643
to 482.3665, inclusive; or
(d) Receives or accepts or contracts to receive
or accept any thing or service of value prohibited by NRS
482.3643 to 482.3665, inclusive,
Ê is guilty of
a gross misdemeanor.
2. Each day’s violation of any provision
of NRS 482.3643 to 482.3665,
inclusive, constitutes a separate offense.
(Added to NRS by 1969, 585)
Sale of Certain Used Vehicles
NRS 482.36655 Definitions. As
used in NRS 482.36655 to 482.36667,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 482.3666 and 482.366605
have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 1163)
NRS 482.3666 “Drivetrain” defined. “Drivetrain”
means those components and systems within a motor vehicle that transfer power
from the engine of the vehicle to the wheels of the vehicle, including, without
limitation, a transmission, driveshaft, torque converter, differential,
universal joint and constant velocity joint.
(Added to NRS by 1997, 2214; A 1999, 1164)
NRS 482.366605 “Used vehicle” defined. “Used
vehicle” means a vehicle that:
1. When manufactured, was equipped with an
odometer; and
2. Has a manufacturer’s gross vehicle
weight rating of 14,000 pounds or less.
(Added to NRS by 1999, 1163)
NRS 482.36661 Inspection of engine and drivetrain of vehicle; written
disclosure of defects. Before a
used vehicle dealer may sell to a retail customer a used vehicle the odometer
of which registers 75,000 miles or more, the used vehicle dealer must conduct a
reasonably thorough inspection of the soundness and safety of the vehicle’s
engine and drivetrain and disclose in writing any defects in the engine or
drivetrain known to the dealer or which the dealer reasonably should have known
after conducting the inspection.
(Added to NRS by 1997, 2214)
NRS 482.36662 Written warranty required under certain circumstances; contents
of warranty.
1. A used vehicle dealer who sells to a
retail customer a used vehicle the odometer of which registers 75,000 miles or
more shall provide to that retail customer an express written warranty which
complies with the requirements set forth in subsection 2 and is valid for the
period set forth in the schedule of warranties created pursuant to NRS 482.36663, if the used vehicle dealer is the
subject of more than three substantiated complaints filed against the dealer
with the Department of Motor Vehicles during a 12-month period.
2. An express written warranty required
pursuant to subsection 1 must contain a statement that, in the event the
operation of the used vehicle becomes impaired as a result of a defect in a
component or system of the vehicle’s engine or drivetrain, the used vehicle
dealer shall, with reasonable promptness, correct the defect or cause the
defect to be corrected.
(Added to NRS by 1997, 2214; A 2001, 2549)
NRS 482.36663 Duration of warranty. If
an express written warranty is provided to a retail customer for a used vehicle
pursuant to NRS 482.36662, the duration of the
warranty must be determined pursuant to this section. If, on the date the
vehicle was purchased from the used vehicle dealer, the odometer in the used
vehicle registered:
1. At least 75,000 but less than 80,001
miles, the warranty is valid for a period of 30 days therefrom or until the
odometer in the vehicle registers 1,000 miles more than on the date the vehicle
was purchased from the used vehicle dealer, whichever occurs earlier.
2. At least 80,001 but less than 85,001
miles, the warranty is valid for a period of 20 days therefrom or until the
odometer in the vehicle registers 600 miles more than on the date the vehicle
was purchased from the used vehicle dealer, whichever occurs earlier.
3. At least 85,001 but less than 90,001
miles, the warranty is valid for a period of 10 days therefrom or until the odometer
in the vehicle registers 300 miles more than on the date the vehicle was
purchased from the used vehicle dealer, whichever occurs earlier.
4. At least 90,001 but less than 100,001
miles, the warranty is valid for a period of 5 days therefrom or until the
odometer in the vehicle registers 150 miles more than on the date the vehicle
was purchased from the used vehicle dealer, whichever occurs earlier.
5. At least 100,001 miles, the warranty is
valid for a period of 2 days therefrom or until the odometer in the vehicle
registers 100 miles more than on the date the vehicle was purchased from the
used vehicle dealer, whichever occurs earlier.
Ê The period
for which a warranty is valid pursuant to this section must be tolled during
any period in which the dealer has possession of the vehicle or the operation
of the vehicle is impaired and the vehicle is inoperable due to a defect in the
vehicle’s engine or drivetrain.
(Added to NRS by 1997, 2215; A 1999, 546)
NRS 482.36664 Complaint regarding dealer: Submission; contents; investigation;
resolution; appeal.
1. A retail customer who purchases a used
vehicle the odometer of which registers 75,000 miles or more may submit to the
Department a written complaint regarding the used vehicle dealer. The
Department shall, within 10 days after it receives a complaint pursuant to this
section, provide a copy of the complaint to the used vehicle dealer who is the
subject of the complaint.
2. A complaint submitted pursuant to
subsection 1 must include:
(a) A clear and concise statement of the complaint
and the facts relating to the complaint;
(b) Copies of any documents relating to the
complaint; and
(c) A statement of the manner in which the retail
customer wishes to have the complaint resolved.
3. Upon receipt of a complaint pursuant to
this section, the Department shall investigate the complaint and determine
whether the used vehicle dealer who is the subject of the complaint has
violated the provisions of NRS 482.36655 to 482.36667, inclusive, or the regulations adopted by
the Department pursuant thereto.
4. If the Department determines that a
used vehicle dealer has violated the provisions of NRS
482.36655 to 482.36667, inclusive, or the
regulations adopted by the Department pursuant thereto, the Department shall
notify the used vehicle dealer of that determination and recommend to the
dealer the actions that the dealer may take to resolve the complaint.
5. A retail customer or used vehicle
dealer who is aggrieved by the decision of the Department may appeal the
decision to the Director.
(Added to NRS by 1997, 2215)
NRS 482.36665 Record of complaints: Maintenance; contents. The Department shall maintain a record of the
complaints submitted to the Department pursuant to NRS
482.36664. The record must include a statement of whether the dealer was
found to have violated the provisions of NRS
482.36655 to 482.36667, inclusive, or the
regulations adopted pursuant thereto, and if so, whether the used vehicle
dealer resolved the complaint in the manner recommended by the Department or in
any other manner acceptable to the Department and the retail customer who filed
the complaint.
(Added to NRS by 1997, 2216)
NRS 482.36666 Administrative fines; opportunity for hearing; deposit of fines;
injunctions and other remedies.
1. If the Department determines from the
record maintained pursuant to NRS 482.36665 that
on more than three occasions a used vehicle dealer has:
(a) Been found to have violated the provisions of
NRS 482.36655 to 482.36667,
inclusive, or the regulations adopted pursuant thereto; and
(b) Failed to resolve those complaints in the
manner recommended by the Department pursuant to NRS
482.36664 or in any other manner acceptable to the Department and the
retail customer who filed the complaint,
Ê the
Department may impose an administrative fine, not to exceed $2,500, for each
additional violation of the provisions of NRS
482.36655 to 482.36667, inclusive. The
Department shall afford to any person so fined an opportunity for a hearing
pursuant to the provisions of NRS
233B.121.
2. All administrative fines collected by
the Department pursuant to subsection 1 must be deposited with the State
Treasurer to the credit of the Account for Regulation of Used Vehicle Dealers,
which is hereby created in the State Highway Fund. Money in the Account may be
used only for the administration of NRS
481.048 and NRS 482.36655 to 482.36667, inclusive.
3. In addition to any other remedy
provided by law, the Department may compel compliance with NRS 482.36655 to 482.36667,
inclusive, and any regulation adopted pursuant thereto, by injunction or other
appropriate remedy, and the Department may institute and maintain in the name
of the State of Nevada any such enforcement proceedings.
(Added to NRS by 1997, 2216)
NRS 482.36667 Regulations. The
Department may adopt regulations to carry out the provisions of NRS 482.36655 to 482.36667,
inclusive.
(Added to NRS by 1997, 2216)
SPECIAL LICENSE PLATES
Personalized Prestige License Plates
NRS 482.3667 Preparation for issuance; procedures for application and
issuance; persons qualified for issuance; period of validity; renewal;
priority; powers and duties of Department.
1. The Department shall establish, design and
otherwise prepare for issue personalized prestige license plates and shall
establish all necessary procedures not inconsistent with this section for the
application and issuance of such license plates.
2. The Department shall issue personalized
prestige license plates, upon payment of the prescribed fee, to any person who
otherwise complies with the laws relating to the registration and licensing of
motor vehicles or trailers for use on private passenger cars, motorcycles,
trucks or trailers, except that such plates may not be issued for a full
trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.
3. Except as otherwise provided in NRS 482.2065, personalized prestige license plates
are valid for 12 months and are renewable upon expiration. These plates may be
transferred from one vehicle or trailer to another if the transfer and
registration fees are paid as set out in this chapter.
4. In case of any conflict, the person who
first made application for personalized prestige license plates and has
continuously renewed them by payment of the required fee has priority.
5. The Department may limit by regulation
the number of letters and numbers used and prohibit the use of inappropriate
letters or combinations of letters and numbers.
6. The Department shall not assign to any
person not holding the relevant office any letters and numbers denoting that
the holder holds a public office.
(Added to NRS by 1969, 100; A 1969, 404; 1973, 450,
1701; 1975, 63; 1979,
214; 1985,
681; 1987,
1145; 2003,
3376; 2013,
2833)
NRS 482.3669 Regulations. The
Department may make such regulations as are necessary to insure compliance with
all applicable laws pertaining to the licensing and registration of vehicles
before issuing personalized prestige license plates in lieu of the regular Nevada
license plate or plates, and all applications for personalized prestige license
plates must be made to the Department.
(Added to NRS by 1969, 100; A 1973, 450; 1985, 682)
NRS 482.367 Fees; deposit of fees to credit of Motor Vehicle Fund.
1. The Department shall charge and collect
the following fees for the issuance of personalized prestige license plates,
which fees are in addition to all other license fees and applicable taxes:
(a) For the first issuance............................................................................................. $35
(b) For a renewal sticker................................................................................................ 20
(c) For changing to another personalized prestige
license plate............................. 35
2. The additional fees collected by the
Department for the issuing of personalized prestige license plates must be
deposited with the State Treasurer to the credit of the Motor Vehicle Fund.
(Added to NRS by 1969, 100; A 1969, 404; 1973, 451;
1975, 211; 1991,
2313; 2001,
314)
Special License Plates Issued to Certain Nonprofit
Organizations That Operate a Museum for Motor Vehicles
NRS 482.367001 Application; limitation on number of sets; interchangeable use;
identification number; fee; expiration; renewal.
1. Upon application, the Department shall
issue not more than 12 sets of special license plates to any organization which
operates a museum for the exhibition or display of motor vehicles and which is
a nonprofit organization that is recognized as exempt from taxation pursuant to
26 U.S.C. § 501(c)(3).
2. Each set of special license plates
issued pursuant to this section may be used interchangeably on any of the motor
vehicles exhibited or displayed in the museum when such a motor vehicle is
operated during a test drive, parade or special event or driven within 70 miles
from the museum.
3. Each set of special license plates
issued pursuant to this section must have displayed upon them the
identification number which is assigned to the nonprofit organization. The
Department may assign a different letter or symbol to each set of plates.
4. The Department shall not charge or
collect any registration fees or governmental services tax for the issuance of
the special license plates pursuant to this section, except that a fee of $12
for each set of plates must be paid at the time of application.
5. The special license plates issued
pursuant to this section expire 1 year after the date of issuance and may be
renewed upon application and payment of a fee of $12.
(Added to NRS by 2007, 23rd
Special Session, 2)
Applications for Design, Preparation and Issuance:
Commission on Special License Plates; Department of Motor Vehicles
NRS 482.367002 Submission of application; qualifications of certain
organizations that will receive financial support by way of special license
plate; contents of application; authority of Department; surety bonds and
release thereof; retention or return of plates upon disposal of vehicle.
1. A person may request that the
Department design, prepare and issue a special license plate by submitting an
application to the Department. A person may submit an application for a special
license plate that is intended to generate financial support for an
organization only if:
(a) For an organization which is not a
governmental entity, the organization is established as a nonprofit charitable
organization which provides services to the community relating to public
health, education or general welfare;
(b) For an organization which is a governmental
entity, the organization only uses the financial support generated by the
special license plate for charitable purposes relating to public health,
education or general welfare;
(c) The organization is registered with the
Secretary of State, if registration is required by law, and has filed any
documents required to remain registered with the Secretary of State;
(d) The name and purpose of the organization do
not promote, advertise or endorse any specific product, brand name or service
that is offered for profit;
(e) The organization is nondiscriminatory; and
(f) The license plate will not promote a specific
religion, faith or antireligious belief.
2. An application submitted to the
Department pursuant to subsection 1:
(a) Must be on a form prescribed and furnished by
the Department;
(b) Must specify whether the special license
plate being requested is intended to generate financial support for a
particular cause or charitable organization and, if so:
(1) The name of the cause or charitable
organization; and
(2) Whether the financial support intended
to be generated for the particular cause or charitable organization will be
for:
(I) General use by the particular
cause or charitable organization; or
(II) Use by the particular cause or
charitable organization in a more limited or specific manner;
(c) Must include the name and signature of a
person who represents:
(1) The organization which is requesting
that the Department design, prepare and issue the special license plate; and
(2) If different from the organization
described in subparagraph (1), the cause or charitable organization for which
the special license plate being requested is intended to generate financial
support;
(d) Must include proof that the organization
satisfies the requirements set forth in subsection 1;
(e) Must be accompanied by a surety bond posted
with the Department in the amount of $5,000, except that if the special license
plate being requested is one of the type described in subsection 3 of NRS 482.367008, the application must be accompanied
by a surety bond posted with the Department in the amount of $20,000; and
(f) May be accompanied by suggestions for the
design of and colors to be used in the special license plate.
3. If an application for a special license
plate has been submitted pursuant to this section but the Department has not
yet designed, prepared or issued the plate, the applicant shall amend the
application with updated information when any of the following events take
place:
(a) The name of the organization that submitted
the application has changed since the initial application was submitted.
(b) The cause or charitable organization for
which the special license plate being requested is intended to generate
financial support has a different name than that set forth on the initial
application.
(c) The cause or charitable organization for
which the special license plate being requested is intended to generate
financial support is different from that set forth on the initial application.
Ê The updated
information described in this subsection must be submitted to the Department
within 90 days after the relevant change takes place, unless the applicant has
received notice that the special license plate is on an agenda to be heard at a
meeting of the Commission on Special License Plates, in which case the updated
information must be submitted to the Department within 48 hours after the
applicant receives such notice. The updating of information pursuant to this
subsection does not alter, change or otherwise affect the issuance of special
license plates by the Department in accordance with the chronological order of
their authorization or approval, as described in subsection 2 of NRS 482.367008.
4. The Department may design and prepare a
special license plate requested pursuant to subsection 1 if:
(a) The Department determines that the
application for that plate complies with subsection 2; and
(b) The Commission on Special License Plates
recommends to the Department that the Department approve the application for
that plate pursuant to subsection 5 of NRS
482.367004.
5. Except as otherwise provided in NRS 482.367008, the Department may issue a special
license plate that:
(a) The Department has designed and prepared
pursuant to this section;
(b) The Commission on Special License Plates has
recommended the Department approve for issuance pursuant to subsection 5 of NRS 482.367004; and
(c) Complies with the requirements of subsection
6 of NRS 482.270,
Ê for any
passenger car or light commercial vehicle upon application by a person who is
entitled to license plates pursuant to NRS 482.265
and who otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be
combined with a special license plate issued pursuant to this section if that
person pays the fees for personalized prestige license plates in addition to
the fees for the special license plate.
6. The Department must promptly release
the surety bond posted pursuant to subsection 2:
(a) If the Department determines not to issue the
special license plate; or
(b) If it is determined that at least 1,000
special license plates have been issued pursuant to the assessment of the
viability of the design of the special license plate conducted pursuant to NRS 482.367008, except that if the special license
plate is one of the type described in subsection 3 of NRS
482.367008, the Department must promptly release the surety bond posted
pursuant to subsection 2 if it is determined that at least 3,000 special
license plates have been issued pursuant to the assessment of the viability of
the design of the special license plate conducted pursuant to NRS 482.367008.
7. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2003, 3064; A 2007, 323, 798, 1037; 2013, 1400,
1474, 2549, 2833)
NRS 482.367004 Commission on Special License Plates: Creation; membership;
term; service without salary or compensation; administrative support; duties.
1. There is hereby created the Commission
on Special License Plates. The Commission is advisory to the Department and
consists of five Legislators and three nonvoting members as follows:
(a) Five Legislators appointed by the Legislative
Commission:
(1) One of whom is the Legislator who
served as the Chair of the Assembly Standing Committee on Transportation during
the most recent legislative session. That Legislator may designate an alternate
to serve in place of the Legislator when absent. The alternate must be another
Legislator who also served on the Assembly Standing Committee on Transportation
during the most recent legislative session.
(2) One of whom is the Legislator who
served as the Chair of the Senate Standing Committee on Transportation during
the most recent legislative session. That Legislator may designate an alternate
to serve in place of the Legislator when absent. The alternate must be another
Legislator who also served on the Senate Standing Committee on Transportation
during the most recent legislative session.
(b) Three nonvoting members consisting of:
(1) The Director of the Department of
Motor Vehicles, or a designee of the Director.
(2) The Director of the Department of
Public Safety, or a designee of the Director.
(3) The Director of the Department of
Tourism and Cultural Affairs, or a designee of the Director.
2. Each member of the Commission appointed
pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing
on July 1 of each odd-numbered year. A vacancy on the Commission must be filled
in the same manner as the original appointment.
3. Members of the Commission serve without
salary or compensation for their travel or per diem expenses.
4. The Director of the Legislative Counsel
Bureau shall provide administrative support to the Commission.
5. The Commission shall recommend to the
Department that the Department approve or disapprove:
(a) Applications for the design, preparation and
issuance of special license plates that are submitted to the Department
pursuant to subsection 1 of NRS 482.367002;
(b) The issuance by the Department of special
license plates that have been designed and prepared pursuant to NRS 482.367002; and
(c) Except as otherwise provided in subsection 7,
applications for the design, preparation and issuance of special license plates
that have been authorized by an act of the Legislature after January 1, 2007.
Ê In
determining whether to recommend to the Department the approval of such an
application or issuance, the Commission shall consider, without limitation,
whether it would be appropriate and feasible for the Department to, as
applicable, design, prepare or issue the particular special license plate. For
the purpose of making recommendations to the Department, the Commission shall
consider each application in the chronological order in which the application
was received by the Department.
6. On or before September 1 of each fiscal
year, the Commission shall compile a list of each special license plate for
which the Commission, during the immediately preceding fiscal year, recommended
to the Department that the Department approve the application for the special
license plate or approve the issuance of the special license plate. The list so
compiled must set forth, for each such plate, the cause or charitable
organization for which the special license plate generates or would generate
financial support, and the intended use to which the financial support is being
put or would be put. The Commission shall transmit the information described in
this subsection to the Department and the Department shall make that
information available on its Internet website.
7. The provisions of paragraph (c) of
subsection 5 do not apply with regard to special license plates that are issued
pursuant to NRS 482.3757, 482.3785,
482.3787 or 482.37901.
8. The Commission shall:
(a) Recommend to the Department that the
Department approve or disapprove any proposed change in the distribution of
money received in the form of additional fees. As used in this paragraph,
“additional fees” means the fees that are charged in connection with the
issuance or renewal of a special license plate for the benefit of a particular
cause, fund or charitable organization. The term does not include registration
and license fees or governmental services taxes.
(b) If it recommends a proposed change pursuant
to paragraph (a) and determines that legislation is required to carry out the
change, recommend to the Department that the Department request the assistance
of the Legislative Counsel in the preparation of a bill draft to carry out the
change.
(Added to NRS by 2003, 3065; A 2005, 2847; 2007, 575, 804, 819, 1038; 2009, 493; 2011, 1792,
2985; 2013, 556, 1476, 2550)
NRS 482.367006 Fees.
1. The fee for special license plates
designed, prepared and issued pursuant to NRS
482.367002 is $35, in addition to all other applicable registration and
license fees and governmental services taxes. The license plates are renewable
upon the payment of $10.
2. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 1, if a special license plate is designed, prepared
and issued pursuant to NRS 482.367002 to
generate financial support for a particular cause or charitable organization, a
person who requests a set of such license plates must pay for the initial
issuance of the plates an additional fee of $25 and for each renewal of the
plates an additional fee of $20, to be distributed in the manner described in
subsection 3.
3. The Department shall deposit the
additional fees collected pursuant to subsection 2 with the State Treasurer for
credit to an account created in the State General Fund for the benefit of the
particular cause or charitable organization for whose financial benefit the
special license plate was created. The Department shall designate an
appropriate state agency to administer the account. The state agency designated
by the Department to administer the account shall, at least once each quarter,
distribute the fees deposited pursuant to this subsection to the particular
cause or charitable organization for whose benefit the special license plate
was created.
4. Money in an account created pursuant to
subsection 3 does not lapse to the State General Fund at the end of a fiscal
year. The interest and income earned on money in such an account, after
deducting any applicable charges, must be credited to the account.
(Added to NRS by 2003, 3066)
NRS 482.367008 Limitation on number of separate designs of special license
plates that may be in issuance at any one time; issuance of additional designs
of special license plates; annual assessment of viability of current designs;
notice of declining circulation; cessation of issuance of plates whose
circulation falls below certain levels.
1. As used in this section, “special
license plate” means:
(a) A license plate that the Department has
designed and prepared pursuant to NRS 482.367002
in accordance with the system of application and petition described in that
section;
(b) A license plate approved by the Legislature
that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903,
482.37905, 482.37917,
482.379175, 482.37918,
482.37919, 482.3792,
482.3793, 482.37933,
482.37934, 482.37935,
482.379355, 482.379365,
482.37937, 482.379375,
482.37938 or 482.37945;
and
(c) Except for a license plate that is issued
pursuant to NRS 482.3757, 482.3785,
482.3787 or 482.37901,
a license plate that is approved by the Legislature after July 1, 2005.
2. Notwithstanding any other provision of
law to the contrary, and except as otherwise provided in subsection 3, the
Department shall not, at any one time, issue more than 30 separate designs of
special license plates. Whenever the total number of separate designs of
special license plates issued by the Department at any one time is less than
30, the Department shall issue a number of additional designs of special
license plates that have been authorized by an act of the Legislature or the
application for which has been recommended by the Commission on Special License
Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs
issued by the Department at any one time. Such additional designs must be
issued by the Department in accordance with the chronological order of their
authorization or approval by the Department.
3. In addition to the special license
plates described in subsection 2, the Department may issue not more than five
separate designs of special license plates in excess of the limit set forth in
that subsection. To qualify for issuance pursuant to this subsection:
(a) The Commission on Special License Plates must
have recommended to the Department that the Department approve the design,
preparation and issuance of the special plates as described in paragraphs (a)
and (b) of subsection 5 of NRS 482.367004; and
(b) The special license plates must have been
applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:
(1) The application for the special
license plates must be accompanied by a surety bond posted with the Department
in the amount of $20,000; and
(2) Pursuant to the assessment of the
viability of the design of the special license plates that is conducted
pursuant to this section, it is determined that at least 3,000 special license
plates have been issued.
4. Except as otherwise provided in this
subsection, on October 1 of each year the Department shall assess the viability
of each separate design of special license plate that the Department is
currently issuing by determining the total number of validly registered motor
vehicles to which that design of special license plate is affixed. The
Department shall not determine the total number of validly registered motor
vehicles to which a particular design of special license plate is affixed if:
(a) The particular design of special license
plate was designed and prepared by the Department pursuant to NRS 482.367002; and
(b) On October 1, that particular design of
special license plate has been available to be issued for less than 12 months.
5. If, on October 1, the total number of
validly registered motor vehicles to which a particular design of special
license plate is affixed is:
(a) In the case of special license plates not
described in subsection 3, less than 1,000; or
(b) In the case of special license plates
described in subsection 3, less than 3,000,
Ê the Director
shall provide notice of that fact in the manner described in subsection 6.
6. The notice required pursuant to
subsection 5 must be provided:
(a) If the special license plate generates
financial support for a cause or charitable organization, to that cause or
charitable organization.
(b) If the special license plate does not
generate financial support for a cause or charitable organization, to an entity
which is involved in promoting the activity, place or other matter that is
depicted on the plate.
7. If, on December 31 of the same year in
which notice was provided pursuant to subsections 5 and 6, the total number of
validly registered motor vehicles to which a particular design of special
license plate is affixed is:
(a) In the case of special license plates not
described in subsection 3, less than 1,000; or
(b) In the case of special license plates
described in subsection 3, less than 3,000,
Ê the Director
shall, notwithstanding any other provision of law to the contrary, issue an
order providing that the Department will no longer issue that particular design
of special license plate. Such an order does not require existing holders of
that particular design of special license plate to surrender their plates to
the Department and does not prohibit those holders from renewing those plates.
(Added to NRS by 2003, 3066; A 2005, 2848; 2007, 575; 2009, 494; 2011, 303, 1793; 2013, 472, 557, 1401, 1478, 2552)
Pledge of Legislature
NRS 482.36705 Special license plates authorized by act of Legislature: Minimum
number of applications; compliance with limitation on issuance of more than
certain number of separate designs of special license plates; recommendation by
Commission on Special License Plates.
1. Except
as otherwise provided in subsection 2:
(a) If a new special license plate is authorized
by an act of the Legislature after January 1, 2003, other than a special
license plate that is authorized pursuant to NRS
482.379375, the Legislature will direct that the license plate not be
designed, prepared or issued by the Department unless the Department receives
at least 1,000 applications for the issuance of that plate within 2 years after
the effective date of the act of the Legislature that authorized the plate.
(b) In addition to the requirements set forth in
paragraph (a), if a new special license plate is authorized by an act of the
Legislature after July 1, 2005, the Legislature will direct that the license
plate not be issued by the Department unless its issuance complies with
subsection 2 of NRS 482.367008.
(c) In addition to the requirements set forth in
paragraphs (a) and (b), if a new special license plate is authorized by an act
of the Legislature after January 1, 2007, the Legislature will direct that the
license plate not be designed, prepared or issued by the Department unless the
Commission on Special License Plates recommends to the Department that the
Department approve the application for the authorized plate pursuant to NRS 482.367004.
2. The provisions of subsection 1 do not
apply with regard to special license plates that are issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901.
(Added to NRS by 2001, 1837; A 2005, 2850; 2007, 577, 805; 2009, 495, 957; 2011, 1795;
2013, 559,
1479, 2553)
Special License Plates Associated With Military or Public
Service, or Membership in or Affiliation With Certain Groups
NRS 482.3672 Member of the press.
1. An owner of a motor vehicle who is a
resident of this State and who is regularly employed or engaged as an editor,
reporter or photographer by a newspaper or television or radio station may,
upon signed application on a form prescribed and provided by the Department,
accompanied by:
(a) The fee charged for personalized prestige
license plates in NRS 482.367 in addition to all
other required registration fees and taxes; and
(b) A letter from the news director, editor or
publisher of the periodical or station by whom the person is employed,
Ê be issued
license plates upon which is inscribed PRESS with a number of characters,
including numbers and letters, as determined necessary by the Director.
2. Each person who is eligible for special
license plates under this section may apply for one set of plates. The plates
may be used only on a private passenger vehicle or a noncommercial truck.
3. When a person to whom special license
plates have been issued pursuant to this section leaves the service of the
newspaper or station which has provided the letter required by subsection 1,
the person shall surrender any special plates he or she possesses to the
Department and is entitled to receive regular Nevada license plates.
Surrendered plates may be reissued or disposed of in a manner authorized by the
regulations of the Department.
4. The Department may adopt regulations
governing the issuance of special license plates to members of the press.
5. Special license plates issued pursuant
to this section are renewable upon the payment of $10.
(Added to NRS by 1981, 1550; A 1987, 1146; 1997, 2997; 2013, 2553)
NRS 482.3675 Honorary consul of foreign country.
1. An owner of a motor vehicle who is a
United States citizen or a citizen of a foreign country residing in this State
and who holds from a foreign country a letter of appointment as an honorary
consul may, upon signed application on a form prescribed and provided by the
Department, accompanied by:
(a) The fee charged for personalized prestige
license plates in NRS 482.367 in addition to all
other required registration fees and taxes; and
(b) A copy of the letter of appointment from that
country,
Ê be issued a
set of license plates upon which is inscribed CONSULAR CORPS with a number of
characters, including numbers and letters, as determined necessary by the
Director.
2. Each person who is eligible for special
license plates under this section may apply for one set of plates. The plates
may be used only on a private passenger vehicle or a noncommercial truck.
3. When a person to whom special license
plates have been issued pursuant to this section loses his or her status as an
honorary consul, the person shall surrender any special plates he or she
possesses to the Department and is entitled to receive regular Nevada license
plates. Surrendered plates may be reissued or disposed of in a manner
authorized by the regulations of the Department.
4. The Department may adopt regulations
governing the issuance of special license plates to honorary consuls of foreign
countries. The Department shall include on the form for application a notice to
the applicant that the issuance of such license plates does not confer any
diplomatic immunity.
5. Special license plates issued pursuant
to this section are renewable upon the payment of $10.
(Added to NRS by 1983, 813; A 1987, 1146; 1997, 2998; 2013, 2554)
NRS 482.368 Distinguishing plates for exempt vehicles: Issuance; fees; interstate
agreements; application; regulations.
1. Except as otherwise provided in
subsection 2, the Department shall provide suitable distinguishing license
plates for exempt vehicles. These plates must be displayed on the vehicles in
the same manner as provided for privately owned vehicles. The fee for the
issuance of the plates is $5. Any license plates authorized by this section
must be immediately returned to the Department when the vehicle for which they
were issued ceases to be used exclusively for the purpose for which it was
exempted from the governmental services tax.
2. License plates furnished for:
(a) Those vehicles which are maintained for and
used by the Governor or under the authority and direction of the Chief Parole
and Probation Officer, the State Contractors’ Board and auditors, the State
Fire Marshal, the Investigation Division of the Department of Public Safety and
any authorized federal law enforcement agency or law enforcement agency from
another state;
(b) One vehicle used by the Department of
Corrections, three vehicles used by the Department of Wildlife, two vehicles
used by the Caliente Youth Center and four vehicles used by the Nevada Youth
Training Center;
(c) Vehicles of a city, county or the State, if
authorized by the Department for the purposes of law enforcement or work
related thereto or such other purposes as are approved upon proper application
and justification;
(d) Two vehicles used by the office of the county
coroner of any county which has created that office pursuant to NRS 244.163; and
(e) Vehicles maintained for and used by
investigators of the following:
(1) The State Gaming Control Board;
(2) The State Department of Agriculture;
(3) The Attorney General;
(4) City or county juvenile officers;
(5) District attorneys’ offices;
(6) Public administrators’ offices;
(7) Public guardians’ offices;
(8) Sheriffs’ offices;
(9) Police departments in the State; and
(10) The Securities Division of the Office
of the Secretary of State,
Ê must not
bear any distinguishing mark which would serve to identify the vehicles as
owned by the State, county or city. These license plates must be issued
annually for $12 per plate or, if issued in sets, per set.
3. The Director may enter into agreements
with departments of motor vehicles of other states providing for exchanges of
license plates of regular series for vehicles maintained for and used by
investigators of the law enforcement agencies enumerated in paragraph (e) of
subsection 2, subject to all of the requirements imposed by that paragraph,
except that the fee required by that paragraph must not be charged.
4. Applications for the licenses must be
made through the head of the department, board, bureau, commission, school
district or irrigation district, or through the chair of the board of county
commissioners of the county or town or through the mayor of the city, owning or
controlling the vehicles, and no plate or plates may be issued until a certificate
has been filed with the Department showing that the name of the department,
board, bureau, commission, county, city, town, school district or irrigation
district, as the case may be, and the words “For Official Use Only” have been
permanently and legibly affixed to each side of the vehicle, except those
vehicles enumerated in subsection 2.
5. As used in this section, “exempt
vehicle” means a vehicle exempt from the governmental services tax, except a
vehicle owned by the United States.
6. The Department shall adopt regulations
governing the use of all license plates provided for in this section. Upon a
finding by the Department of any violation of its regulations, it may revoke
the violator’s privilege of registering vehicles pursuant to this section.
[Part 6:202:1931; A 1941, 51; 1949, 511; 1953,
52]—(NRS A 1957, 61, 744; 1961, 386, 630; 1963, 693; 1967, 166; 1969, 130;
1973, 85, 290, 1123; 1977, 290; 1979, 254, 931; 1981, 1529, 2006; 1983, 728; 1985, 927, 1354, 1936; 1989, 557, 1961; 1991, 2313; 1993, 31, 779, 1641; 1995, 579; 1999, 3625; 2001, 314, 2549; 2001
Special Session, 244; 2003, 289, 1565; 2009, 958)
NRS 482.369 Distinguishing plates for exempt vehicles: Specifications. In providing the distinguishing plates to be
issued pursuant to NRS 482.368, the Director shall:
1. Select combinations of letters and
numbers which are not confusingly similar to the combinations prescribed by NRS 482.270, 482.2705 and
482.274.
2. Employ letters and numbers of the same
size as are used on license plates issued pursuant to NRS
482.270 and 482.2705.
(Added to NRS by 1969, 1051; A 1981, 1552; 1983, 812)
NRS 482.370 United States Senators and Representatives.
1. The Department shall furnish to each
United States Senator a special license plate or plates showing on the face
thereof, “U.S.S. 1,” in the case of the senior Senator and “U.S.S. 2,” in the
case of the junior Senator.
2. The Department shall furnish to United
States Representatives suitably distinctive plates.
3. The Department shall issue plates
pursuant to this section upon payment of the license fees set forth in NRS 482.3745.
[Part 12:202:1931; A 1949, 45; 1953, 106; 1955,
582]—(NRS A 1959, 914; 1981, 656; 1991, 2314)
NRS 482.372 Secretary of State, State Treasurer, State Controller and
Attorney General. Upon payment of
the license fees set forth in NRS 482.3745, the
Department shall furnish to the Secretary of State, the State Treasurer, the
State Controller and the Attorney General special license plates showing,
respectively, on the face thereof, “Secretary of State 3,” “State Treasurer 4,”
“State Controller 5” and “Attorney General 6.” The Department shall issue such
number of license plates as may be necessary for all private cars owned by
these public officers.
(Added to NRS by 1985, 933; A 1991, 2314)
NRS 482.373 Governor and Lieutenant Governor.
1. The Department shall furnish to the
Governor a special license plate or plates showing on the face thereof “1”
without county designation. The Department shall issue such number of license
plates as may be necessary for all private cars owned by the Governor upon
payment of the license fees set forth in NRS 482.3745.
2. The Department shall furnish to the
Lieutenant Governor a special license plate or plates showing on the face
thereof “2” without county designation. The Department shall issue such number
of license plates as may be necessary for all private cars owned by the
Lieutenant Governor upon payment of the license fees set forth in NRS 482.3745.
(Added to NRS by 1967, 107; A 1991, 2314)
NRS 482.374 Legislators, Supreme Court justices and Court of Appeals judges.
1. Except as otherwise provided in a
special act, the Department shall furnish to each State Senator, State
Assemblyman and State Assemblywoman a special license plate or plates showing
on the face thereof, in the case of the Senators, “State Senator,” together
with the designated number showing the seniority of the Senator in the Senate,
and, in the case of the members of the Assembly, “State Assemblyman” or “State
Assemblywoman,” as appropriate, together with the designated number showing the
seniority of that member in the Assembly. If two or more Legislators have the
same seniority, the designated number given to them must be determined
according to the alphabetical order of their last names, except that numbers
drawn by lot by Legislators having the same seniority before January 1, 1971,
must be maintained in the same sequence.
2. The Department shall furnish to each
justice of the Supreme Court a special license plate or plates showing on the
face thereof “Supreme Court Justice,” together with the designated number
showing the seniority of the justice. If two or more justices have the same
seniority, the designated number given to them must be determined according to
the alphabetical order of their last names.
3. The Department shall furnish to each judge
of the Court of Appeals a special license plate or plates showing on thereof
“Court of Appeals Judge,” together with the designated number showing the
seniority of the judge. If two or more judges have the same seniority, the
designated number given to them must be determined according to the
alphabetical order of their last names.
4. The Department shall issue the license
plates described in this section and a duplicate set of those plates to the
State Legislators, judges of the Court of Appeals and justices of the Supreme
Court upon payment of the license fees set forth in NRS
482.3745.
(Added to NRS by 1971, 923; A 1989, 1856; 1991, 2315; 1997, 1531; 1999, 459, 2647; 2013, 1786)
NRS 482.3745 Fees for license plates for congressional delegates and public
officers. The fee for a license
plate or set of plates issued pursuant to NRS 482.370
to 482.374, inclusive, is $5, in addition to all
other applicable registration and license fees and governmental services taxes.
(Added to NRS by 1991, 2312; A 2001, 315)
NRS 482.3747 Collegiate license plates.
1. The Department, in cooperation with the
Board of Regents and the athletic departments of the University of Nevada,
Reno, and the University of Nevada, Las Vegas, shall design, prepare and issue
collegiate license plates, using any appropriate colors and designs to
represent each university.
2. The Department may issue collegiate
license plates for any passenger car or light commercial vehicle upon
application by any person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person
may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with collegiate license
plates if that person pays the fees for the personalized prestige license
plates in addition to the fees for the collegiate license plates pursuant to
subsections 3 and 4.
3. The fee for the collegiate license
plates is $35, in addition to all other applicable registration and license
fees and governmental services taxes. Collegiate license plates are renewable
upon the payment of $10.
4. In addition to all fees for the
license, registration and governmental services taxes, a person who requests a
collegiate license plate shall pay for the initial issuance of a plate an
additional fee of $25 and for each renewal of the plate an additional fee of
$20 for academic and athletic scholarships to students of the University of
Nevada, Reno, and the University of Nevada, Las Vegas.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
Collegiate License Plate Account in the State General Fund created pursuant to NRS 396.384.
6. If, during a registration period, the
holder of collegiate plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder may retain
the plates and:
(a) Affix them to another vehicle which meets the
requirements of this section if the transfer and registration fees are paid as
set out in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 1993, 1344; A 2001, 315; 2013, 2834)
NRS 482.3748 Grand Lodge of Free and Accepted Masons.
1. Except as otherwise provided in this
section, the Department, in cooperation with the Grand Lodge of Free and Accepted
Masons of the State of Nevada, shall design, prepare and issue license plates
that indicate affiliation with the Grand Lodge of Free and Accepted Masons
using any colors and designs which the Department deems appropriate. The
Department shall not design, prepare or issue the license plates unless it
receives at least 250 applications for the issuance of those plates.
2. The Department shall issue license
plates that indicate affiliation with the Grand Lodge of Free and Accepted
Masons for a passenger car or a light commercial vehicle upon application by a
person who is entitled to license plates pursuant to NRS
482.265 and who otherwise complies with the requirements for registration
and licensing pursuant to this chapter. A person may request that personalized
prestige license plates issued pursuant to NRS
482.3667 be combined with license plates that indicate affiliation with the
Grand Lodge of Free and Accepted Masons if that person pays the fees for the
personalized prestige license plates in addition to the fees for the license
plates that indicate affiliation with the Grand Lodge of Free and Accepted
Masons.
3. An application for the issuance or
renewal of license plates that indicate affiliation with the Grand Lodge of
Free and Accepted Masons is void unless it has been stamped or otherwise
validated by the Grand Lodge of Free and Accepted Masons. The Grand Lodge of
Free and Accepted Masons may charge a fee for validating an application.
4. The fee payable to the Department for
license plates that indicate affiliation with the Grand Lodge of Free and
Accepted Masons is $35, in addition to all other applicable registration and
license fees and governmental services taxes. The license plates are renewable
upon the payment to the Department of $10 in addition to all other applicable
registration and license fees and governmental services taxes.
5. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder may retain
the plates and:
(a) Affix them to another vehicle that meets the
requirements of this section if the transfer and registration fees are paid as
set out in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
6. For the purposes of this section,
“Grand Lodge of Free and Accepted Masons” means the Grand Lodge of Free and
Accepted Masons of the State of Nevada, or its successor, and any recognized
sister jurisdiction or organization of the Grand Lodge of Free and Accepted
Masons.
(Added to NRS by 1997, 172; A 1997, 3004; 2001, 316; 2013, 2835)
NRS 482.3749 Hall of fame athletes.
1. The Department shall, using any colors
and designs that the Department deems appropriate, design, prepare and issue
license plates which indicate status as a hall of fame athlete. The design of
the license plates must include the words “hall of fame.”
2. The Department shall issue license
plates that indicate status as a hall of fame athlete for a passenger car or a
light commercial vehicle upon application by a person who is entitled to
license plates pursuant to NRS 482.265 and who
otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be
combined with license plates that indicate status as a hall of fame athlete if
that person pays the fees for the personalized prestige license plates in
addition to the fees for the license plates that indicate status as a hall of
fame athlete.
3. An application for the issuance or
renewal of license plates that indicate status as a hall of fame athlete is
void unless it is accompanied by documentation which, in the determination of
the Department, provides reasonable proof of identity and status as a hall of
fame athlete.
4. In addition to all other applicable
registration and license fees and governmental services taxes:
(a) A person who requests license plates that
indicate status as a hall of fame athlete shall pay a fee to the Department of
$35.
(b) License plates that indicate status as a hall
of fame athlete are renewable upon the payment to the Department of $10.
5. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder may retain
the plates and:
(a) Affix them to another vehicle that meets the
requirements of this section if the transfer and registration fees are paid as
set forth in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
6. As used in this section, “hall of fame
athlete” means a current or former athlete who has been inducted into a hall of
fame pertaining to the sport in which the athlete participates or participated,
including, but not limited to:
(a) The National Baseball Hall of Fame, located
in Cooperstown, New York.
(b) The Basketball Hall of Fame, located in
Springfield, Massachusetts.
(c) The Pro Football Hall of Fame, located in
Canton, Ohio.
(d) The Hockey Hall of Fame, located in Toronto,
Ontario, Canada.
(e) The National Soccer Hall of Fame, located in
Oneonta, New York.
(f) The International Tennis Hall of Fame,
located in Newport, Rhode Island.
(g) The Pro Rodeo Hall of Fame, located in
Colorado Springs, Colorado.
(h) Any hall of fame which has been established
at a university, state college or community college within the Nevada System of
Higher Education.
(Added to NRS by 1997, 1547; A 1997, 3006; 1999, 463; 2001, 317; 2005, 371; 2013, 211, 2836)
NRS 482.375 Holder of license for amateur radio station.
1. An owner of a motor vehicle who is a
resident of the State of Nevada and who holds an unrevoked and unexpired
official amateur radio station license issued by the Federal Communications
Commission, upon application accompanied by proof of ownership of that license,
complying with the state motor vehicle laws relating to registration and
licensing of motor vehicles, and upon the payment of the regular license fee
for plates as prescribed by law, and the payment of an additional fee of $35,
must be issued a license plate or plates, upon which in lieu of the numbers as
prescribed by law must be inscribed the words “RADIO AMATEUR” and the official
amateur radio call letters of the applicant as assigned by the Federal
Communications Commission. The annual fee for a renewal sticker is $10 unless
waived by the Department pursuant to subsection 2. The plate or plates may be
used only on a private passenger car, trailer or travel trailer or on a
noncommercial truck, except that such plates may not be used on a full trailer
or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.
2. The Department may waive the annual fee
for a renewal sticker if the applicant for renewal:
(a) Submits with the application for renewal a
statement under penalty of perjury that the applicant will assist in communications
during local, state and federal emergencies; and
(b) Satisfies any other requirements established
by the Department by regulation for such a waiver.
3. The cost of the die and modifications
necessary for the issuance of a license plate pursuant to this section must be
paid from private sources without any expense to the State of Nevada.
4. The Department may adopt regulations:
(a) To ensure compliance with all state license
laws relating to the use and operation of a motor vehicle before issuance of
the plates in lieu of the regular Nevada license plate or plates.
(b) Setting forth the requirements and procedure
for obtaining a waiver of the annual fee for a renewal sticker.
5. All applications for the plates
authorized by this section must be made to the Department.
[1:253:1951] + [2:253:1951] + [3:253:1951]—(NRS A
1959, 914; 1965, 318; 1975, 63; 1979, 309; 1983, 1229; 1985, 682; 1987, 1147; 1989, 1615; 1991, 2315; 1993, 2166; 1997, 2998; 2013, 2837)
NRS 482.3753 Professional full-time salaried firefighters.
1. Except as otherwise provided in this
section, the Department, in cooperation with professional full-time salaried
firefighters in the State of Nevada, shall design, prepare and issue license
plates that recognize current or former employment as a professional full-time
salaried firefighter using any colors and designs which the Department deems
appropriate. The Department shall not design, prepare or issue the license
plates unless it receives at least 250 applications for the issuance of those
plates.
2. The Department shall issue license
plates that recognize current or former employment as a professional full-time
salaried firefighter for a passenger car or a light commercial vehicle upon
application by a qualified person who is entitled to license plates pursuant to
NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person
may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that
recognize current or former employment as a professional full-time salaried
firefighter if that person pays the fees for the personalized prestige license
plates in addition to the fees for the license plates that recognize current or
former employment as a professional full-time salaried firefighter.
3. An application for the issuance or
renewal of license plates that recognize current or former employment as a
professional full-time salaried firefighter is void unless it is accompanied by
documentation which, in the determination of the Department, provides
reasonable proof of the identity of the applicant and proof of the applicant’s:
(a) Current employment as a professional
full-time salaried firefighter; or
(b) Status as a former professional full-time
salaried firefighter who retired from employment after completing at least 10
years of creditable service as a firefighter within this State with:
(1) A fire department; or
(2) A federal or state agency, the duties
of which involve the prevention and suppression of fires, including, without
limitation, the Bureau of Land Management and the Division of Forestry of the
State Department of Conservation and Natural Resources.
4. Proof of an applicant’s current or
former employment as a professional full-time salaried firefighter must consist
of:
(a) An identification card issued by the
Professional Fire Fighters of Nevada or its successor;
(b) An identification card issued by the Nevada
Fire Chiefs Association or its successor; or
(c) A letter certifying the applicant’s current
or former employment as a professional full-time salaried firefighter, which
letter must be from:
(1) The Professional Fire Fighters of
Nevada or its successor;
(2) The Nevada Fire Chiefs Association or
its successor; or
(3) The chief officer of a federal or
state agency, the duties of which involve the prevention and suppression of
fires, including, without limitation, the Bureau of Land Management and the
Division of Forestry of the State Department of Conservation and Natural
Resources.
5. The fee payable to the Department for
license plates that recognize current or former employment as a professional
full-time salaried firefighter is $35, in addition to all other applicable
registration and license fees and governmental services taxes. The license
plates are renewable upon the payment to the Department of $10 in addition to
all other applicable registration and license fees and governmental services
taxes.
6. In addition to all other applicable
registration and license fees and governmental services taxes and the fees
prescribed in subsection 5, a person who requests a set of license plates that
recognize current or former employment as a professional full-time salaried
firefighter must pay for the initial issuance of the plates an additional fee
of $25 and for each renewal of the plates an additional fee of $20 to support
the Professional Fire Fighters of Nevada Benevolent Association.
7. The Department shall deposit the fees
collected pursuant to subsection 6 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this subsection to the Professional Fire Fighters
of Nevada Benevolent Association.
8. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
9. As used in this section, “professional
full-time salaried firefighter” means a person employed in this State in a
full-time salaried occupation of fire fighting for the benefit or safety of the
public.
(Added to NRS by 1997, 1358; A 2001, 318, 1510; 2007, 78; 2013, 2838)
NRS 482.3754 Volunteer firefighters.
1. Except as otherwise provided in this
section, the Department, in cooperation with the Nevada State Firefighters’
Association or its successor, shall design, prepare and issue license plates
that recognize current or former service as a volunteer firefighter using any
colors and designs which the Department deems appropriate. The Department shall
not design, prepare or issue the license plates unless it receives at least 250
applications for the issuance of those plates.
2. The Department shall issue license
plates that recognize current or former service as a volunteer firefighter for
a passenger car or a light commercial vehicle upon application by a qualified
person who is entitled to license plates pursuant to NRS
482.265 and who otherwise complies with the requirements for registration
and licensing pursuant to this chapter. A person may request that personalized
prestige license plates issued pursuant to NRS
482.3667 be combined with license plates that recognize current or former
service as a volunteer firefighter if that person pays the fees for the
personalized prestige license plates in addition to the fees for the license
plates that recognize current or former service as a volunteer firefighter.
3. An application for the issuance or renewal
of license plates that recognize current or former service as a volunteer
firefighter is void unless it is accompanied by documentation which, in the
determination of the Department, provides reasonable proof of the identity of
the applicant and proof of the applicant’s current service as a volunteer
firefighter or status as a former volunteer firefighter who retired from
service as a volunteer firefighter within this State after completing at least
10 years of active service. Proof of an applicant’s current or former service
as a volunteer firefighter must consist of:
(a) An identification card which indicates that
the applicant currently serves as a volunteer firefighter; or
(b) A letter from the chief officer of a
volunteer or combination fire department certifying the applicant’s current or
former service as a volunteer firefighter.
4. The fee payable to the Department for
license plates that recognize current or former service as a volunteer
firefighter is $35, in addition to all other applicable registration and
license fees and governmental services taxes. The license plates are renewable
upon the payment to the Department of $10 in addition to all other applicable
registration and license fees and governmental services taxes.
5. In addition to all other applicable
registration and license fees and governmental services taxes and the fees
prescribed in subsection 4, a person who requests a set of license plates that
recognize current or former service as a volunteer firefighter must pay for the
initial issuance of the plates an additional fee of $25 and for each renewal of
the plates an additional fee of $20 to support the training of volunteer
firefighters.
6. The Department shall deposit the fees
collected pursuant to subsection 5 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall account separately for the money
deposited pursuant to this subsection and reserve such money for expenditure by
the State Fire Marshal in accordance with this subsection. The State Fire
Marshal may expend the money reserved pursuant to this subsection solely for
the support of, and to pay expenses related to, training for volunteer
firefighters provided by or as directed by the Board of Directors of the Nevada
State Firefighters’ Association or its successor.
7. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
8. As used in this section:
(a) “Combination fire department” means a fire
department that is:
(1) Served by both volunteer and full-time
salaried firefighters; and
(2) Recognized as such by the State Fire
Marshal.
(b) “Volunteer fire department” means a fire department
recognized as a bona fide volunteer fire department by the State Fire Marshal.
(c) “Volunteer firefighter” means a person who
serves actively in an unpaid capacity in a volunteer or combination fire
department within this State as a firefighter for the benefit or safety of the
public.
(Added to NRS by 2001, 1508; A 2013, 2839)
NRS 482.3755 Member of Nevada Wing of Civil Air Patrol.
1. An owner of a motor vehicle who is a
resident of this State and is a member of the Nevada Wing of the Civil Air
Patrol may, upon application on a form prescribed and furnished by the
Department, signed by the member and his or her commanding officer and
accompanied by proof of membership, be issued license plates upon which is
inscribed “CIVIL AIR PATROL” with a number of characters, including numbers and
letters, as determined necessary by the Director. The fee for the special
license plates is $35, in addition to all other applicable registration and
license fees and governmental services taxes. The annual fee for a renewal
sticker is $10.
2. Each member may request two sets of
license plates as described in subsection 1. The second set of license plates
for an additional vehicle must have a different number than the first set of
license plates issued to the same member. The license plates may only be used
on private passenger vehicles or noncommercial trucks.
3. Any member of the Nevada Wing of the
Civil Air Patrol who retires or is honorably discharged may retain any license
plates issued to the member pursuant to subsection 1. If a member is
dishonorably discharged, he or she shall surrender any of these special plates
in his or her possession to the Department at least 10 days before the member’s
discharge and, in lieu of those plates, is entitled to receive regular Nevada
license plates.
(Added to NRS by 1991, 193; A 1991, 2322; 1997, 2999; 2001, 318; 2013, 2554)
NRS 482.3757 Peace officer who is recipient of medal.
1. Except as otherwise provided in this
section, the Department shall design, prepare and issue license plates honoring
peace officers who have received a medal specified in subsection 3, or the
equivalent thereof.
2. Each person who qualifies for special
license plates pursuant to this section may apply for not more than two sets of
plates. If the person applies for a second set of plates for an additional
vehicle, the second set of plates must have a different number than the first
set of plates issued to the person. Special license plates issued pursuant to
this section may be used only on a private passenger vehicle, a noncommercial
truck or a motor home.
3. The Department shall issue specially
designed license plates for any person qualified pursuant to this section who
submits an application on a form prescribed by the Department and evidence
satisfactory to the Department that the person is:
(a) A current or former peace officer who has
received one or more of the following medals, or the equivalent thereof, for
his or her service as a peace officer:
(1) The Medal of Honor;
(2) The Purple Heart;
(3) The Medal of Valor;
(4) The Lifesaving Medal;
(5) The Meritorious Service Medal; or
(6) The Distinguished Service Medal; or
(b) A family member of a person who was:
(1) Killed in the line of duty while
serving as a peace officer; and
(2) Awarded posthumously the Medal of
Honor, or the equivalent thereof, for his or her actions as a peace officer.
4. A qualifying event described in
subsection 3 that entitles a person to special license plates issued pursuant
to the provisions of this section is a qualifying event regardless of whether
the event occurs or occurred before, on or after July 1, 2013.
5. If, during a registration year, the
holder of a set of special license plates issued pursuant to the provisions of
this section disposes of the vehicle to which the plates are affixed, the
holder shall:
(a) Retain the plates and affix them to another
vehicle which meets the requirements of this section and report the change to the
Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
6. Except as otherwise provided in this
subsection, no fee in addition to the applicable registration and license fees
and governmental services taxes may be charged for the issuance or renewal of a
set of special license plates pursuant to this section. If the special plates
issued pursuant to this section are lost, stolen or mutilated, the owner of the
vehicle may secure a set of replacement license plates from the Department for
a fee of $5.
7. As used in this section:
(a) “Family member” means a widow, widower,
parent, stepparent, grandparent, child, stepchild, dependent, sibling, half
sibling or stepsibling.
(b) “Killed in the line of duty while serving as
a peace officer” includes peace officers who:
(1) Are killed directly in the line of
duty; and
(2) Die as a result of injuries sustained
in the line of duty.
(c) “Peace officer” means any person upon whom
some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(Added to NRS by 2013, 554)
NRS 482.376 Member of Nevada National Guard.
1. An owner of a motor vehicle who is a
resident of this State and is an enlisted or commissioned member of the Nevada
National Guard may, upon application on a form prescribed and furnished by the
Department, signed by the member and his or her commanding officer and
accompanied by proof of enlistment, be issued license plates upon which is inscribed
NAT’L GUARD with a number of characters, including numbers and letters, as
determined necessary by the Director. The applicant shall comply with the laws
of this State concerning motor vehicles, including the payment of the regular
registration fees, as prescribed by this chapter. There is an additional fee of
$5 for the issuance of those plates.
2. Each member may request two sets of
license plates as described in subsection 1. The second set of license plates
for an additional vehicle must have a different number than the first set of
license plates issued to the same member. The license plates may only be used
on private passenger vehicles or noncommercial trucks.
3. Any member of the Nevada National Guard
other than the Adjutant General, who retires or is honorably discharged may
retain any license plates issued to the member pursuant to subsection 1. The
Adjutant General shall surrender any license plates issued to him or her as
Adjutant General to the Department when he or she leaves office, and may then
be issued special license plates as described in subsection 1. If a member is
dishonorably discharged, the member shall surrender any of these special plates
in his or her possession to the Department at least 10 days before the member’s
discharge and, in lieu of those plates, is entitled to receive regular Nevada
license plates.
(Added to NRS by 1973, 154; A 1975, 64; 1985, 682, 759; 1987, 1147; 1991, 2315; 2013, 2555)
NRS 482.3763 Support of outreach programs and services for veterans and their
families: Preparation; issuance; required inscriptions; retention or return of
plates upon disposal of vehicle; fees; replacement plates.
1. The Director shall order the
preparation of special license plates for the support of outreach programs and
services for veterans and their families and establish procedures for the
application for and issuance of the plates.
2. The Department shall, upon application
therefor and payment of the prescribed fees, issue special license plates for
the support of outreach programs and services for veterans and their families
to:
(a) A veteran of the Army, Navy, Air Force, Marine
Corps or Coast Guard of the United States, a reserve component thereof or the
National Guard;
(b) A female veteran; or
(c) The spouse, parent or child of a person
described in paragraph (a) or (b).
Ê The plates
must be inscribed with the word “VETERAN” and with the seal of the branch of
the Armed Forces of the United States, the seal of the National Guard or an
image representative of the female veterans, as applicable, requested by the
applicant. A person may request that personalized prestige license plates
issued pursuant to NRS 482.3667 be combined with
special license plates for the support of outreach programs and services for
veterans and their families if that person pays the fees for the personalized
prestige license plates in addition to the fees for the special license plates
for the support of outreach programs and services for veterans and their
families pursuant to subsection 4.
3. If, during a registration period, the
holder of special plates issued pursuant to this section disposes of the
vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle which meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
4. In addition to all other applicable
registration and license fees and governmental services taxes, and to the
special fee imposed pursuant to NRS 482.3764 for
the support of outreach programs and services for veterans and their families,
the fee for:
(a) The initial issuance of the special license
plates is $35.
(b) The annual renewal sticker is $10.
5. If the special plates issued pursuant
to this section are lost, stolen or mutilated, the owner of the vehicle may
secure a set of replacement license plates from the Department for a fee of
$10.
(Added to NRS by 1993, 2599; A 1999, 1959; 2001, 319; 2005, 2850; 2007, 670; 2011, 1990;
2013, 2840)
NRS 482.37635 Support of veterans’ homes: Decals indicating service in
specific military unit; design; application; compliance with federal law;
regulations.
1. The Director shall approve the design
and order the preparation of decals that may be affixed by the Department, upon
request, to special license plates issued pursuant to NRS
482.3763. The decals must:
(a) Display the emblem or other insigne of
specific military units within particular branches of the Armed Forces of the
United States;
(b) Be no more than 1 3/4 inches in height by 1
3/4 inches in width; and
(c) Be affixed to the right side of the license
plates.
2. An applicant for the issuance or
renewal of the special license plates described in NRS
482.3763 may obtain decals for those plates if:
(a) The military unit the applicant requests to
be displayed on the decals is a recognized unit within a particular branch of
the Armed Forces of the United States;
(b) The applicant meets the requirements set
forth in NRS 482.3763; and
(c) The applicant provides documentation which,
in the determination of the Department, provides reasonable proof of the
identity of the applicant and proof of his or her status as a member of the
specific military unit to be displayed on the decals.
3. The Director may use or imitate a seal,
emblem or other insigne of a unit within a branch of the Armed Forces of the
United States only if that use or imitation complies with the provisions of 10
U.S.C. § 1057.
4. The Department may adopt regulations
governing the issuance of a decal described in subsection 1.
(Added to NRS by 1999, 1172)
NRS 482.3764 Support of outreach programs and services for veterans and their
families: Collection of special fee for such support; affixment of certain
decals upon request of eligible applicant; disposition of money collected.
1. Before the Department issues to any
person, pursuant to NRS 482.3763:
(a) An initial set of special license plates, it
shall:
(1) Collect a special fee for the support
of outreach programs and services for veterans and their families in the amount
of $25; and
(2) Affix a decal to each plate if
requested by an applicant who meets the requirements set forth in NRS 482.37635.
(b) An annual renewal sticker, it shall:
(1) Collect a special fee for the support
of outreach programs and services for veterans and their families in the amount
of $20; and
(2) Affix a decal to each plate if
requested by an applicant who meets the requirements set forth in NRS 482.37635.
2. The Department shall deposit all money
collected pursuant to this section with the State Treasurer for credit to the
Gift Account for Veterans created by subsection 9 of NRS 417.145.
(Added to NRS by 1993, 2599; A 1999, 1173, 1960, 1961; 2003, 3211; 2007, 670; 2013, 2519)
NRS 482.3765 Veteran of Armed Forces of United States who survived attack on
Pearl Harbor: Choice of inscription; eligibility for not more than two sets of
plates; application; evidence of status; retention or return of plates upon
disposal of vehicle; fees.
1. A veteran of the Armed Forces of the
United States who survived the attack on Pearl Harbor on December 7, 1941, is
entitled to specially designed license plates inscribed with the words “PEARL
HARBOR VETERAN” or “PEARL HARBOR SURVIVOR,” at the option of the veteran, and a
number of characters, including numbers and letters, as determined necessary by
the Director.
2. Each person who qualifies for special
license plates pursuant to this section may apply for not more than two sets of
plates. If the person applies for a second set of plates for an additional
vehicle, the second set of plates must have a different number than the first
set of plates issued to the same applicant. Special license plates issued
pursuant to this section may be used only on a private passenger vehicle, a
noncommercial truck or a motor home.
3. The Department shall issue specially
designed license plates for persons qualified pursuant to this section who
submit an application on a form prescribed by the Department and evidence of
their status as a survivor required by the Department.
4. If, during a registration year, the
holder of a set of special license plates issued pursuant to this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle which meets the requirements of this section and report the change to
the Department in accordance with the procedure set forth for other transfers;
or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
5. The fee for a set of special license
plates issued pursuant to this section is $25, in addition to all other
applicable registration and license fees and governmental services taxes. The
annual fee for a renewal sticker for a set of special license plates issued
pursuant to this section is $5.
(Added to NRS by 1987, 411; A 1991, 2316; 1993, 1238; 2001, 319; 2007, 314; 2013, 2555)
NRS 482.377 “Disabled Veteran,” “Disabled Female Veteran” or “Veteran Who Is
Disabled” and “Ex-Prisoner of War”: Choice of inscription as to disability;
eligibility for not more than two sets of plates; application; evidence of
status; retention or return of plates upon disposal of vehicle.
1. A veteran of the Armed Forces of the
United States who, as a result of his or her service:
(a) Has suffered a 100-percent service-connected
disability and who receives compensation from the United States for the
disability is entitled to specially designed license plates that must be
inscribed with:
(1) The words “DISABLED VETERAN,”
“DISABLED FEMALE VETERAN” or “VETERAN WHO IS DISABLED,” at the option of the
veteran;
(2) The international symbol of access,
which must comply with any applicable federal standards and must be white on a
blue background; and
(3) A number of characters, including
numbers and letters, as determined necessary by the Director.
(b) Has been captured and held prisoner by a
military force of a foreign nation is entitled to specially designed license
plates inscribed with the words “EX PRISONER OF WAR” and a number of
characters, including numbers and letters, as determined necessary by the
Director.
2. Each person who qualifies for special
license plates pursuant to this section may apply for not more than two sets of
plates. If the person applies for a second set of plates for an additional
vehicle, the second set of plates must have a different number than the first
set of plates issued to the same applicant. Special license plates issued
pursuant to this section may be used only on a private passenger vehicle, a
noncommercial truck or a motor home.
3. The Department shall issue specially
designed license plates for persons qualified pursuant to this section who
submit an application on a form prescribed by the Department and evidence of
disability or former imprisonment required by the Department.
4. A vehicle on which license plates
issued by the Department pursuant to this section are displayed is exempt from
the payment of any parking fees, including those collected through parking
meters, charged by the State or any political subdivision or other public body
within the State, other than the United States.
5. If, during a registration year, the
holder of a set of special license plates issued pursuant to this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle which meets the requirements of this section and report the change to
the Department in accordance with the procedure set forth for other transfers;
or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 1977, 1376; A 1979, 1303; 1981, 338; 1991, 2316; 2007, 315; 2011, 1990;
2013, 66,
2556)
NRS 482.3775 Veteran of Armed Forces of United States awarded Purple Heart:
Eligibility for not more than two sets of plates; application; evidence of
status; retention or return of plates upon disposal of vehicle; replacement
plates.
1. A veteran of the Armed Forces of the
United States who was awarded the Purple Heart is entitled to specially
designed license plates which indicate that the veteran is a recipient of the
Purple Heart.
2. Each person who qualifies for special
license plates pursuant to this section may apply for not more than two sets of
plates. If the person applies for a second set of plates for an additional
vehicle, the second set of plates must have a different number than the first
set of plates issued to the same applicant. Special license plates issued
pursuant to this section may be used only on a private passenger vehicle, a noncommercial
truck or a motor home.
3. The Department shall issue specially
designed license plates for any person qualified pursuant to this section who
submits an application on a form prescribed by the Department and evidence of
his or her status as a recipient of the Purple Heart as required by the
Department. The Department may designate any appropriate colors for the special
plates.
4. If, during a registration year, the
holder of a set of special license plates issued pursuant to the provisions of
this section disposes of the vehicle to which the plates are affixed, the
holder shall:
(a) Retain the plates and affix them to another
vehicle which meets the requirements of this section and report the change to
the Department in accordance with the procedure set forth for other transfers;
or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
5. Except as otherwise provided in this
subsection, no fee in addition to the applicable registration and license fees and
governmental services taxes may be charged for the issuance or renewal of a set
of special license plates pursuant to this section. If the special plates
issued pursuant to this section are lost, stolen or mutilated, the owner of the
vehicle may secure a set of replacement license plates from the Department for
a fee of $5.
(Added to NRS by 1991, 133; A 1991, 2322; 1997, 3000; 2001, 320; 2007, 315)
NRS 482.378 Recipient of Congressional Medal of Honor.
1. An owner of a motor vehicle who is a
resident of this State and has been awarded the Congressional Medal of Honor
may, upon signed application on a form prescribed and furnished by the
Department, be issued license plates which indicate that he or she is a
recipient of the Congressional Medal of Honor. The applicant shall comply with
the motor vehicle laws of this State, including the provisions of chapter 371 of NRS and the payment of the
registration fees required by this chapter, but no fee may be charged under NRS 482.367.
2. Each person who is eligible for special
license plates under this section may apply for two sets of plates. The second
set of plates for an additional vehicle must have a different number than the
first set of plates issued to the same applicant. The plates may be used only
on a private passenger vehicle, a noncommercial truck or a motor home.
3. The Department may adopt regulations
governing the issuance of special license plates to recipients of the
Congressional Medal of Honor.
(Added to NRS by 1985, 29)
NRS 482.3785 Family member of person killed in line of duty while on active
duty in Armed Forces of United States.
1. Each family member of a person killed
in the line of duty while on active duty in the Armed Forces of the United
States is entitled to specially designed license plates which indicate that the
person is a family member of a person killed in the line of duty while on
active duty in the Armed Forces of the United States.
2. Each person who qualifies for special
license plates pursuant to this section may apply for not more than two sets of
plates. If the person applies for a second set of plates for an additional
vehicle, the second set of plates must have a different number than the first
set of plates issued to the same applicant. Special license plates issued
pursuant to this section may be used only on a private passenger vehicle, a
noncommercial truck or a motor home.
3. The Department shall issue specially
designed license plates for any person qualified pursuant to this section who
submits an application on a form prescribed by the Department and evidence
satisfactory to the Department that the person is a family member of a person
killed in the line of duty while on active duty in the Armed Forces of the
United States. The Department may designate any appropriate colors for the
special plates, but must ensure that the design of the plates includes a gold
star.
4. If, during a registration year, the
holder of a set of special license plates issued pursuant to the provisions of
this section disposes of the vehicle to which the plates are affixed, the
holder shall:
(a) Retain the plates and affix them to another
vehicle which meets the requirements of this section and report the change to
the Department in accordance with the procedure set forth for other transfers;
or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
5. Except as otherwise provided in this
subsection, no fee in addition to the applicable registration and license fees
and governmental services taxes may be charged for the issuance or renewal of a
set of special license plates pursuant to this section. If the special plates
issued pursuant to this section are lost, stolen or mutilated, the owner of the
vehicle may secure a set of replacement license plates from the Department for
a fee of $5.
6. As used in this section:
(a) “Family member” means a widow, widower,
parent, stepparent, grandparent, child, stepchild, dependent, sibling, half
sibling or stepsibling.
(b) “Killed in the line of duty while on active
duty in the Armed Forces of the United States” includes persons killed directly
in the line of duty and persons who die as a result of injuries sustained in
the line of duty.
(Added to NRS by 2009, 491)
NRS 482.3787 Family member of person who died as result of injuries sustained
while on active duty in Armed Forces of United States.
1. Each family member of a person who died
as a result of injuries sustained while on active duty in the Armed Forces of
the United States is entitled to specially designed license plates which
indicate that the person is a family member of a person who died as a result of
injuries sustained while on active duty in the Armed Forces of the United
States.
2. Each person who qualifies for special
license plates pursuant to this section may apply for not more than two sets of
plates. If the person applies for a second set of plates for an additional
vehicle, the second set of plates must have a different number than the first
set of plates issued to the same applicant. Special license plates issued
pursuant to this section may be used only on a private passenger vehicle, a
noncommercial truck or a motor home.
3. The Department shall issue specially
designed license plates for any person qualified pursuant to this section who
submits an application on a form prescribed by the Department and evidence
satisfactory to the Department that the person is a family member of a person
who died as a result of injuries sustained while on active duty in the Armed
Forces of the United States. The Department may designate any appropriate
colors for the special plates.
4. If, during a registration year, the
holder of a set of special license plates issued pursuant to the provisions of
this section disposes of the vehicle to which the plates are affixed, the
holder shall:
(a) Retain the plates and affix them to another
vehicle which meets the requirements of this section and report the change to
the Department in accordance with the procedure set forth for other transfers;
or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
5. Except as otherwise provided in this
subsection, no fee in addition to the applicable registration and license fees
and governmental services taxes may be charged for the issuance or renewal of a
set of special license plates pursuant to this section. If the special plates issued
pursuant to this section are lost, stolen or mutilated, the owner of the
vehicle may secure a set of replacement license plates from the Department for
a fee of $5.
6. As used in this section:
(a) “Died as a result of injuries sustained while
on active duty in the Armed Forces of the United States” includes persons who
die as a result of an injury sustained while on active duty whether or not the
person had been discharged from military service at the time of his or her
death.
(b) “Family member” means a widow, widower,
parent, stepparent, grandparent, child, stepchild, dependent, sibling, half
sibling or stepsibling.
(Added to NRS by 2011, 1790)
Special License Plates Associated With Recognition of or
Support for Certain Charitable Causes
NRS 482.379 Commemorating 125th anniversary of Nevada’s admission into
Union.
1. The Director may order the design and
preparation of license plates which commemorate the 125th anniversary of
Nevada’s admission into the Union and establish the procedures for the
application and issuance of the plates.
2. The Department may designate any
colors, numbers and letters for the commemorative plates.
3. A person who is entitled to license
plates pursuant to NRS 482.265 may apply for
commemorative license plates.
4. The fee for the commemorative license
plates is $10, in addition to all other applicable registration and license
fees and governmental services taxes. If a person is eligible for and applies
for any special license plates issued pursuant to NRS
482.3667, 482.3672, 482.3675,
482.368 or 482.370 to 482.3825, inclusive, and applies to have those
special license plates combined with commemorative plates, the person must pay
the fees for the special license plates in addition to the fee for the
commemorative plates.
5. In addition to all fees for the
license, registration and governmental services taxes, a person who is eligible
for and applies for commemorative plates must pay $25 for the celebration of
the 125th anniversary of Nevada’s admission into the Union. The fees for the
license, registration, and governmental services taxes and the charge for the
celebration may be paid with a single check.
6. Commemorative plates are renewable upon
the payment of $10.
7. If during a registration period, the
holder of commemorative plates issued pursuant to the provisions of this
section disposes of the vehicle to which the plates are affixed, the holder may
retain the plates and:
(a) Within 30 days after removing the plates from
the vehicle, return them to the Department; or
(b) Affix them to another vehicle which meets the
requirements of this section if the transfer and registration fees are paid as
is provided for in this chapter.
8. Except as otherwise provided by
subsection 10, if a commemorative license plate or set of license plates issued
pursuant to the provisions of this section is lost, stolen or mutilated, the
owner of the vehicle may secure a replacement license plate or set of replacement
license plates, as the case may be, from the Department upon payment of the
fees set forth in subsection 2 of NRS 482.500.
9. The Department shall, for each set of
commemorative license plates that it issues:
(a) Deposit the $25 collected for the celebration
of the 125th anniversary of Nevada’s admission into the Union with the State
Treasurer for credit to the Account for Nevada’s 125th Anniversary in the State
General Fund;
(b) Deposit $7.50 with the State Treasurer for
credit to the Motor Vehicle Fund pursuant to the provisions of NRS 482.180; and
(c) Deposit $2.50 with the State Treasurer for
credit to the Department to reimburse the Department for the cost of
manufacturing the license plates.
10. The Department shall not:
(a) Issue the commemorative license plates after
October 31, 1990.
(b) Issue replacement commemorative license
plates after June 30, 1995.
(Added to NRS by 1989, 1148; A 1991, 2317; 1999, 3576; 2001, 320; 2003, 3377; 2013, 2841)
NRS 482.37901 Commemorating 150th anniversary of Nevada’s admission into
Union.
1. Except as otherwise provided in
subsection 8, the Department, in cooperation with the Nevada Cultural Affairs
Foundation or its successor, shall design, prepare and issue license plates
which commemorate the 150th anniversary of Nevada’s admission into the Union,
using any colors and designs that the Department deems appropriate.
2. The Department shall issue the
commemorative license plates for a passenger car or light commercial vehicle
upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person
may request that:
(a) Special legislative license plates issued to
a Legislator pursuant to NRS 482.374 be combined
with the commemorative license plates if that person:
(1) Qualifies for special legislative
license plates issued pursuant to NRS 482.374; and
(2) Pays the fees for the special
legislative license plates in addition to the fees for the commemorative
license plates pursuant to subsections 3 and 4; or
(b) Personalized prestige license plates issued
pursuant to NRS 482.3667 be combined with the
commemorative license plates if that person pays the fees for the personalized
license plates in addition to the fees for the commemorative license plates
pursuant to subsections 3 and 4.
3. The fee for the commemorative license
plates is $7.50, in addition to all other applicable registration and license
fees and governmental services taxes. The Department shall deposit the fee
collected pursuant to this subsection with the State Treasurer for credit to
the Revolving Account for the Issuance of Special License Plates created
pursuant to NRS 482.1805.
4. Except as otherwise provided in this
subsection, in addition to all other applicable registration and license fees
and governmental services taxes and the fees prescribed in subsection 3, a
person who requests a set of the commemorative license plates must pay for the
initial issuance of the plates an additional fee of $25 and for each renewal of
the plates a fee of $20, to be distributed pursuant to subsection 5. The fees
otherwise required to be paid pursuant to this subsection must not be charged
after the date announced by the Director pursuant to subsection 8.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. For the duration of the collection of such fees, the State
Treasurer shall, on a quarterly basis, distribute the fees to the Nevada
Cultural Affairs Foundation or its successor to be used for:
(a) A celebration of the 150th anniversary of
Nevada’s admission into the Union;
(b) Projects relating to the commemoration of
Nevada’s admission to the Union, including, without limitation, historical
markers, tours of historic sites and improvements to or restoration of historic
buildings and structures;
(c) Education relating to the history of the
State of Nevada; and
(d) Other projects relating to preserving and
protecting the heritage of the State of Nevada.
6. On or before January 1 of each calendar
year, the Division of Museums and History of the Department of Tourism and
Cultural Affairs shall produce a report of:
(a) Revenues received from the issuance of the
commemorative license plates issued pursuant to the provisions of this section;
and
(b) Associated expenditures,
Ê and shall
submit the report to the Director of the Legislative Counsel Bureau for
transmission to the Legislature or the Legislative Commission, as appropriate.
7. If, during a registration year, the
holder of the commemorative license plates issued pursuant to the provisions of
this section disposes of the vehicle to which the plates are affixed, the
holder shall:
(a) Retain the commemorative license plates and
affix them to another vehicle that meets the requirements of this section if
the holder pays the fee for the transfer of the registration and any
registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the
commemorative license plates from the vehicle, return them to the Department.
8. The Director shall determine and, by
public proclamation, announce the last date on which the Department will issue
the commemorative license plates. The Department shall publish the announcement
on its Internet website. In no case may the date that is determined and
announced to be the last date on which the Department will issue the
commemorative license plates be after October 31, 2016. The Department shall
not issue:
(a) The commemorative license plates after the
date announced by the Director pursuant to this subsection.
(b) Replacement commemorative license plates for
those license plates more than 5 years after the date announced by the Director
pursuant to this subsection.
(Added to NRS by 2013, 2545)
NRS 482.37903 Commemorating 100th anniversary of founding of City of Las
Vegas.
1. Except as otherwise provided in this
subsection, the Department, in cooperation with the Board of Museums and
History of the Department of Tourism and Cultural Affairs, shall design,
prepare and issue license plates which commemorate the 100th anniversary of the
founding of the City of Las Vegas, using any colors and designs that the
Department deems appropriate. The Department shall not design, prepare or issue
the commemorative license plates unless it receives at least 250 applications
for the issuance of those plates.
2. If the Department receives at least 250
applications for the issuance of the commemorative license plates, the
Department shall issue those plates for a passenger car or light commercial
vehicle upon application by a person who is entitled to license plates pursuant
to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person
may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with the commemorative
license plates if that person pays the fees for the personalized prestige
license plates in addition to the fees for the commemorative license plates
pursuant to subsections 3 and 4.
3. The fee for the commemorative license
plates is $35, in addition to all other applicable registration and license
fees and governmental services taxes. The license plates are renewable upon the
payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of the commemorative
license plates must pay for the initial issuance of the plates an additional
fee of $25 and for each renewal of the plates an additional fee of $20, to be
distributed pursuant to subsection 5.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees to the City Treasurer of the City of Las Vegas to be used to pay for
projects relating to the commemoration of the history of the City of Las Vegas,
including, without limitation, historical markers, tours of historic sites and
improvements to or restoration of historic buildings or structures.
6. If, during a registration period, the
holder of the commemorative license plates disposes of the vehicle to which the
commemorative license plates are affixed, the holder shall:
(a) Retain the commemorative license plates and
affix them to another vehicle that meets the requirements of this section if
the holder pays the fee for the transfer of the registration and any
registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the
commemorative license plates from the vehicle, return them to the Department.
(Added to NRS by 2001, 577; A 2005, 2851, 2852; 2011, 2986;
2013, 2842)
NRS 482.37905 Encouraging donation of human organs.
1. Except as otherwise provided in this
subsection, the Department, in cooperation with the organizations in this State
which assist in the donation and procurement of human organs, shall design,
prepare and issue license plates that encourage the donation of human organs
using any colors and designs that the Department deems appropriate. The
Department shall not design, prepare or issue the license plates unless it
receives at least 250 applications for the issuance of those plates.
2. If the Department receives at least 250
applications for the issuance of license plates that encourage the donation of
human organs, the Department shall issue those plates for a passenger car or
light commercial vehicle upon application by a person who is entitled to
license plates pursuant to NRS 482.265 and who
otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be
combined with license plates that encourage the donation of human organs if
that person pays the fees for the personalized prestige license plates in
addition to the fees for the license plates which encourage the donation of
human organs pursuant to subsections 3 and 4.
3. The fee for license plates to encourage
the donation of human organs is $35, in addition to all other applicable
registration and license fees and governmental services taxes. The license
plates are renewable upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who, on or after July 1, 2003:
(a) Requests a set of license plates to encourage
the donation of human organs must pay for the initial issuance of the plates an
additional fee of $25, to be deposited pursuant to subsection 5; and
(b) Renews a set of license plates to encourage
the donation of human organs must pay for each renewal of the plates an
additional fee of $20, to be deposited pursuant to subsection 5.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
Anatomical Gift Account created in the State General Fund by NRS 460.150.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 1997, 2976; A 1997, 3005; 2001, 321; 2003, 495; 2013, 2843)
NRS 482.37917 Support of agriculture.
1. Except as otherwise provided in this
subsection and NRS 482.38279, the Department, in
cooperation with the State Department of Agriculture and the Nevada Future
Farmers of America Foundation or its successor, shall design, prepare and issue
license plates which indicate support for the promotion of agriculture within
this State, including, without limitation, support for the programs and
activities of the Future Farmers of America or its successor within this State,
using any colors that the Department deems appropriate. The design of the
license plates must include the phrase “People Grow Things Here!” and an
identifying symbol furnished by the Nevada Future Farmers of America Foundation
or its successor. The Department shall not design, prepare or issue the license
plates unless it receives at least 250 applications for the issuance of those
plates.
2. If the Department receives at least 250
applications for the issuance of license plates which indicate support for the
promotion of agriculture within this State, the Department shall issue those
plates for a passenger car or light commercial vehicle upon application by a
person who is entitled to license plates pursuant to NRS
482.265 and who otherwise complies with the requirements for registration
and licensing pursuant to this chapter. A person may request that personalized
prestige license plates issued pursuant to NRS
482.3667 be combined with license plates which indicate support for the
promotion of agriculture within this State if that person pays the fees for the
personalized prestige license plates in addition to the fees for the license
plates which indicate support for the promotion of agriculture within this
State pursuant to subsections 3 and 4.
3. The fee for license plates which
indicate support for the promotion of agriculture within this State is $35, in
addition to all other applicable registration and license fees and governmental
services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates which
indicate support for the promotion of agriculture within this State must pay
for the initial issuance of the plates an additional fee of $25 and for each
renewal of the plates an additional fee of $20, to be distributed in accordance
with subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this section in the following manner:
(a) Remit one-half of the fees to the Nevada
Future Farmers of America Foundation or its successor for the support of
programs and activities of the Future Farmers of America or its successor
within this State.
(b) Deposit one-half of the fees for credit to
the Account for License Plates for the Promotion of Agriculture Within this
State created pursuant to NRS 561.411.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 1999, 1164; A 2001, 323; 2003, 496; 2007, 819; 2013, 2844)
NRS 482.379175 Appreciation of animals.
1. Except as otherwise provided in this
subsection and NRS 482.38279, the Department
shall design, prepare and issue license plates for the appreciation of animals,
using any colors and designs that the Department deems appropriate. The
Department shall not design, prepare or issue the license plates unless it
receives at least 250 applications for the issuance of those plates.
2. If the Department receives at least 250
applications for the issuance of license plates for the appreciation of animals,
the Department shall issue those plates for a passenger car or light commercial
vehicle upon application by a person who is entitled to license plates pursuant
to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person
may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the
appreciation of animals if that person pays the fees for the personalized
prestige license plates in addition to the fees for the license plates for the
appreciation of animals pursuant to subsections 3 and 4.
3. The fee for license plates for the
appreciation of animals is $35, in addition to all other applicable
registration and license fees and governmental services taxes. The license
plates are renewable upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates for
the appreciation of animals must pay for the initial issuance of the plates an
additional fee of $25 and for each renewal of the plates an additional fee of $20,
to be distributed in the manner prescribed in subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
to each county the fees collected for the preceding quarter for license plates
for vehicles registered in that county. The money may be used by the county
only:
(a) For programs that are approved by the board
of county commissioners for the adoption of animals and for the spaying and
neutering of animals.
(b) To make grants to nonprofit organizations to
carry out the programs described in paragraph (a).
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2001, 1466; A 2007, 821; 2013, 2845)
NRS 482.37918 Support of preservation of history of atomic testing in Nevada.
1. Except as otherwise provided in this
subsection and NRS 482.38279, the Department, in
cooperation with the Nevada Test Site Historical Foundation or its successor,
shall design, prepare and issue license plates for the support of the
preservation of the history of atomic testing in Nevada, using any colors and
designs that the Department deems appropriate. The Department shall not design,
prepare or issue the license plates unless it receives at least 250
applications for the issuance of those plates.
2. If the Department receives at least 250
applications for the issuance of license plates for the support of the
preservation of the history of atomic testing in Nevada, the Department shall
issue those plates for a passenger car or light commercial vehicle upon
application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person
may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the
support of the preservation of the history of atomic testing in Nevada if that
person pays the fees for the personalized prestige license plates in addition
to the fees for the license plates for the support of the preservation of the
history of atomic testing in Nevada pursuant to subsections 3 and 4.
3. The fee for license plates for the
support of the preservation of the history of atomic testing in Nevada is $35,
in addition to all other applicable registration and license fees and
governmental services taxes. The license plates are renewable upon the payment
of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates for
the support of the preservation of the history of atomic testing in Nevada must
pay for the initial issuance of the plates an additional fee of $25 and for
each renewal of the plates an additional fee of $20, to be distributed pursuant
to subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this subsection to the Nevada Test Site
Historical Foundation or its successor for its programs and activities in
support of the preservation of the history of atomic testing in Nevada.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2001, 1857; A 2007, 821; 2013, 2846)
NRS 482.379185 Support of conservation of wetlands.
1. Except as otherwise provided in this
subsection and NRS 482.38279, the Department, in
cooperation with Nevada Ducks Unlimited or its successor, shall design, prepare
and issue license plates for the support of the conservation of wetlands, using
any colors and designs that the Department deems appropriate. The Department
shall not design, prepare or issue the license plates unless it receives at
least 1,000 applications for the issuance of those plates.
2. If the Department receives at least
1,000 applications for the issuance of license plates for the support of the
conservation of wetlands, the Department shall issue those plates for a
passenger car or light commercial vehicle upon application by a person who is
entitled to license plates pursuant to NRS 482.265
and who otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be
combined with license plates for the support of the conservation of wetlands if
that person pays the fees for the personalized prestige license plates in addition
to the fees for the license plates for the support of the conservation of
wetlands pursuant to subsections 3 and 4.
3. The fee for license plates for the
support of the conservation of wetlands is $35, in addition to all other
applicable registration and license fees and governmental services taxes. The
license plates are renewable upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates for
the support of the conservation of wetlands must pay for the initial issuance
of the plates an additional fee of $25 and for each renewal of the plates an
additional fee of $20, to be distributed pursuant to subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this subsection to the Treasurer of Nevada Ducks
Unlimited or its successor for use by Nevada Ducks Unlimited or its successor
in carrying out:
(a) Projects for the conservation of wetlands
that are:
(1) Conducted within Nevada; and
(2) Sponsored or participated in by Nevada
Ducks Unlimited or its successor; and
(b) Fundraising activities for the conservation
of wetlands that are:
(1) Conducted within Nevada; and
(2) Sponsored or participated in by Nevada
Ducks Unlimited or its successor.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
7. As used in this section, “wetland” has
the meaning ascribed to it in NRS 244.388.
(Added to NRS by 2003, 3063; A 2007, 822; 2013, 2847)
NRS 482.37919 Support of desert preserve established by Las Vegas Valley Water
District.
1. Except as otherwise provided in this
subsection, the Department shall, in cooperation with the Board of Directors of
the Las Vegas Valley Water District, design, prepare and issue license plates
to support the desert preserve established by the Board of Directors of the Las
Vegas Valley Water District. The license plates may include any colors and
designs that the Department deems appropriate.
2. The Department may issue license plates
specified in subsection 1 for a passenger car or light commercial vehicle upon
application by a person who is entitled to license plates pursuant to the
provisions of NRS 482.265 and who otherwise
complies with the requirements for registration and licensing pursuant to the
provisions of this chapter. A person may request that personalized prestige
license plates issued pursuant to the provisions of NRS
482.3667 be combined with license plates specified in subsection 1 if that
person pays, in addition to the fees specified in subsections 3 and 4, the fees
for the personalized prestige license plates.
3. The fee for license plates specified in
subsection 1 is $35. The fee is in addition to any other applicable
registration and license fees and governmental services taxes. The license
plates are renewable upon the payment of $10.
4. In addition to the fees for the
license, registration and governmental services taxes, a person who requests
the issuance of license plates specified in subsection 1 must pay:
(a) For the initial issuance of the plates, an
additional fee of $25; and
(b) For each renewal of the plates, an additional
$20 to support the desert preserve specified in subsection 1.
5. The Department shall deposit the fees
collected pursuant to the provisions of subsection 4 with the State Treasurer
for credit to an Account for the Support of the Desert Preserve established by
the Board of Directors of the Las Vegas Valley Water District. On or before
January 1, April 1, July 1 and October 1 of each year, the State Controller
shall distribute the money deposited in the Account for the preceding quarter to
the Board of Directors of the Las Vegas Valley Water District.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder may retain
the plates and:
(a) Affix the license plates to another vehicle
that meets the requirements of this section if the transfer and registration
fees are paid pursuant to the provisions of this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return the plates to the Department.
(Added to NRS by 1999, 156; A 2001, 324; 2013, 2848)
NRS 482.3792 Support of education of children in arts.
1. Except as otherwise provided in this
subsection, the Department of Motor Vehicles shall, in cooperation with the
Nevada Arts Council of the Department of Tourism and Cultural Affairs, design,
prepare and issue license plates for the support of the education of children
in the arts, using any colors and designs which the Department of Motor
Vehicles deems appropriate. The Department of Motor Vehicles shall not design,
prepare or issue the license plates unless it receives at least 250
applications for the issuance of those plates.
2. The Department of Motor Vehicles may
issue license plates for the support of the education of children in the arts
for a passenger car or light commercial vehicle upon application by a person
who is entitled to license plates pursuant to NRS
482.265 and who otherwise complies with the requirements for registration
and licensing pursuant to this chapter. A person may request that personalized
prestige license plates issued pursuant to NRS
482.3667 be combined with license plates for the support of the education
of children in the arts if that person pays the fee for the personalized
prestige license plates in addition to the fees for the license plates for the
support of the education of children in the arts pursuant to subsections 3 and
4.
3. The fee for license plates for the
support of the education of children in the arts is $35, in addition to all
other applicable registration and license fees and governmental services taxes.
The license plates are renewable upon the payment of $10.
4. In addition to all fees for the
license, registration and governmental services taxes, a person who requests a
set of license plates for the support of the education of children in the arts
must pay for the initial issuance of the plates an additional fee of $15 and
for each renewal of the plates an additional fee of $10 to finance programs
which promote the education of children in the arts.
5. The Department of Motor Vehicles shall
deposit the fees collected pursuant to subsection 4 with the State Treasurer
for credit to the Account for License Plates for the Support of the Education
of Children in the Arts created pursuant to NRS 233C.094.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle which meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department of Motor Vehicles.
(Added to NRS by 1995, 1658; A 1997, 3003, 3157; 2001, 325; 2003, 641; 2011, 2987;
2013, 2849)
NRS 482.3793 Support of missing or exploited children.
1. Except as otherwise provided in this
subsection, the Department, in cooperation with the Director of the
Clearinghouse established pursuant to NRS
432.170, shall design, prepare and issue license plates for the support of
missing or exploited children. The license plates must be inscribed with a
hand. The Department may designate any appropriate colors for the license
plates. The Department shall not design, prepare or issue the license plates
unless it receives at least 250 applications for the issuance of those plates.
2. The Department may issue license plates
for the support of missing or exploited children for any passenger car or light
commercial vehicle upon application by any person who is entitled to license
plates pursuant to NRS 482.265 and who otherwise
complies with the requirements for registration and licensing pursuant to this
chapter. A person may request that personalized prestige license plates issued
pursuant to NRS 482.3667 be combined with license
plates for the support of missing or exploited children if that person pays the
fees for the personalized prestige license plates in addition to the fees for
the license plates for the support of missing or exploited children pursuant to
subsections 3 and 4.
3. The fee for license plates for the
support of missing or exploited children is $35, in addition to all other
applicable registration and license fees and governmental services taxes. The
license plates are renewable upon the payment of $10.
4. In addition to all fees for the
license, registration and governmental services taxes, a person who requests a
set of license plates for the support of missing or exploited children must pay
for the initial issuance of the plates an additional fee of $15 and for each
renewal of the plates an additional fee of $10 to carry out the provisions of NRS 432.150 to 432.220, inclusive.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
Account for License Plates for the Support of Missing or Exploited Children
created pursuant to NRS 432.154.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder may retain
the plates and:
(a) Affix them to another vehicle which meets the
requirements of this section if the transfer and registration fees are paid as
set out in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 1995, 1664; A 1997, 3004; 2001, 325; 2013, 2850)
NRS 482.37933 Support of preservation and restoration of Lake Tahoe Basin.
1. Except as otherwise provided in this subsection,
the Department, in cooperation with the Division of State Lands of the State
Department of Conservation and Natural Resources, shall design, prepare and
issue license plates for the support of the preservation and restoration of the
natural environment of the Lake Tahoe Basin using any colors that the
Department deems appropriate. The design of the license plates must include a
depiction of Lake Tahoe and its surrounding area. The Department shall not
design, prepare or issue the license plates unless it receives at least 250
applications for the issuance of those plates.
2. The Department may issue license plates
for the support of the preservation and restoration of the natural environment
of the Lake Tahoe Basin for a passenger car or light commercial vehicle upon
application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person
may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the
support of the preservation and restoration of the natural environment of the
Lake Tahoe Basin if that person pays the fees for the personalized prestige
license plates in addition to the fees for the license plates for the support
of the preservation and restoration of the natural environment of the Lake
Tahoe Basin pursuant to subsections 3 and 4.
3. The fee for license plates for the
support of the preservation and restoration of the natural environment of the
Lake Tahoe Basin is $35, in addition to all other applicable registration and
license fees and governmental services taxes. The license plates are renewable
upon the payment of $10.
4. In addition to all fees for the
license, registration and governmental services taxes, a person who requests a
set of license plates for the support of the preservation and restoration of
the natural environment of the Lake Tahoe Basin must pay for the initial
issuance of the plates an additional fee of $25 and for each renewal of the
plates an additional fee of $20 to finance projects for the preservation and
restoration of the natural environment of the Lake Tahoe Basin.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
Account for License Plates for the Support of the Preservation and Restoration
of the Natural Environment of the Lake Tahoe Basin created pursuant to NRS 321.5951.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder may retain
the plates and:
(a) Affix them to another vehicle that meets the
requirements of this section if the transfer and registration fees are paid as
set out in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 1997, 136; A 2001, 326; 2013, 2850)
NRS 482.37934 Support of preservation of federal lands surrounding Las Vegas.
1. Except as otherwise provided in this
subsection and NRS 482.38279, the Department, in
cooperation with the Outside Las Vegas Foundation or its successor, shall
design, prepare and issue license plates to support preserving the federal
lands surrounding Las Vegas, promoting community stewardship of those valuable
resources, enriching visitors’ experience and enhancing the quality of life of
local residents, using any colors and designs that the Department deems
appropriate. The Department shall not design, prepare or issue the license
plates unless it receives at least 250 applications for the issuance of those
plates.
2. If the Department receives at least 250
applications for the issuance of license plates pursuant to this section, the
Department shall issue those plates for a passenger car or light commercial
vehicle upon application by a person who is entitled to license plates pursuant
to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person may
request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates issued
pursuant to this section if that person pays the fees for the personalized
prestige license plates in addition to the fees prescribed pursuant to
subsections 3 and 4 for the license plates issued pursuant to this section.
3. The fee for license plates issued
pursuant to this section is $35, in addition to all other applicable
registration and license fees and governmental services taxes. The license
plates are renewable upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates
pursuant to this section must pay for the initial issuance of the plates an
additional fee of $25 and for each renewal of the plates an additional fee of
$20 to be distributed pursuant to subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this section to the Outside Las Vegas Foundation
or its successor for its programs and activities in support of preserving the
federal lands surrounding Las Vegas, promoting community stewardship of those
valuable resources, enriching visitors’ experience and enhancing the quality of
life of local residents.
6. If, during a registration period, the
holder of license plates issued pursuant to this section disposes of the
vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2001, 1858; A 2007, 823; 2013, 2851)
NRS 482.37935 Support of natural environment of Mount Charleston area.
1. Except as otherwise provided in this
subsection, the Department, in cooperation with the Division of State Lands of
the State Department of Conservation and Natural Resources, shall design,
prepare and issue license plates for the support of the natural environment of
the Mount Charleston area using any colors that the Department deems
appropriate. The design of the license plates must include a depiction of Mount
Charleston and its surrounding area. The Department shall not design, prepare
or issue the license plates unless it receives at least 250 applications for
the issuance of those plates.
2. If the Department receives at least 250
applications for the issuance of license plates for the support of the natural
environment of the Mount Charleston area, the Department shall issue those
plates for a passenger car or light commercial vehicle upon application by a
person who is entitled to license plates pursuant to NRS
482.265 and who otherwise complies with the requirements for registration
and licensing pursuant to this chapter. A person may request that personalized
prestige license plates issued pursuant to NRS
482.3667 be combined with license plates for the support of the natural
environment of the Mount Charleston area if that person pays the fees for the
personalized prestige license plates in addition to the fees for the license
plates for the support of the natural environment of the Mount Charleston area
pursuant to subsections 3 and 4.
3. The fee for license plates for the
support of the natural environment of the Mount Charleston area is $35, in
addition to all other applicable registration and license fees and governmental
services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates for
the support of the natural environment of the Mount Charleston area must pay
for the initial issuance of the plates an additional fee of $25 and for each
renewal of the plates an additional fee of $20, to be distributed pursuant to
subsection 5.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this subsection to the Board of County
Commissioners of Clark County. The fees distributed pursuant to this
subsection:
(a) May be used by the Board of County
Commissioners, with the advice of the Mount Charleston Town Advisory Board or
its successor, only:
(1) For the support of programs for the
natural environment of the Mount Charleston area, including, without
limitation, programs to improve the wildlife habitat, the ecosystem, the
forest, public access to the area and its recreational use.
(2) To make grants to governmental
entities and nonprofit organizations to carry out the programs described in
subparagraph (1).
(b) Must not be used to replace or supplant money
available from other sources.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 1999, 1165; A 2001, 327; 2011, 473; 2013, 2852)
NRS 482.379355 Support of naturalized citizenship.
1. Except as otherwise provided in this
subsection and NRS 482.38279, the Department, in
cooperation with the Immigrant Workers Citizenship Project or its successor,
shall design, prepare and issue license plates for the support of naturalized
citizenship, using any colors and designs that the Department deems
appropriate. The design of the license plates must include a depiction of the
Aztec Calendar. The Department shall not design, prepare or issue the license
plates unless it receives at least 1,000 applications for the issuance of those
plates.
2. If the Department receives at least
1,000 applications for the issuance of license plates for the support of
naturalized citizenship, the Department shall issue those plates for a
passenger car or light commercial vehicle upon application by a person who is
entitled to license plates pursuant to NRS 482.265
and who otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be
combined with license plates for the support of naturalized citizenship if that
person pays the fees for the personalized prestige license plates in addition
to the fees for the license plates for the support of naturalized citizenship
pursuant to subsections 3 and 4.
3. The fee for license plates for the
support of naturalized citizenship is $35, in addition to all other applicable
registration and license fees and governmental services taxes. The license
plates are renewable upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates for
the support of naturalized citizenship must pay for the initial issuance of the
plates an additional fee of $25 and for each renewal of the plates an additional
fee of $20, to be distributed pursuant to subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this subsection to the Immigrant Workers
Citizenship Project or its successor for its programs and charitable activities
in support of naturalized citizenship.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2003, 3062; A 2007, 824; 2013, 2853)
NRS 482.379365 Reflect public solidarity after acts of terrorism committed on
September 11, 2001.
1. Except as otherwise provided in this
subsection, the Department, in cooperation with the State Emergency Response
Commission, shall design, prepare and issue “United We Stand” license plates to
reflect public solidarity after the acts of terrorism committed on September
11, 2001. The design of the license plates must include the phrase “United We
Stand” and incorporate an image of the flag of the United States. The colors
red, white and blue must be displayed on the license plates. The Department
shall not design, prepare or issue the license plates unless it receives at
least 1,000 applications for the issuance of those plates.
2. If the Department receives at least
1,000 applications for the issuance of “United We Stand” license plates, the
Department shall issue those plates for a passenger car or light commercial
vehicle upon application by a person who is entitled to license plates pursuant
to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person
may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with “United We Stand”
license plates if that person pays the fees for the personalized prestige license
plates in addition to the fees for the “United We Stand” license plates
pursuant to subsections 3 and 4.
3. The fee for “United We Stand” license
plates is $35, in addition to all other applicable registration and license
fees and governmental services taxes. The license plates are renewable upon the
payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of “United We Stand”
license plates must pay for the initial issuance of the plates an additional
fee of $25 and for each renewal of the plates an additional fee of $20, to be
distributed pursuant to subsection 5.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
Contingency Account for Hazardous Materials created by NRS 459.735 in the State General Fund.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2003, 360; A 2013, 2854)
NRS 482.37937 Support of preservation and restoration of natural environment
of Lower Truckee River and Pyramid Lake.
1. Except as otherwise provided in this
subsection, the Department, in cooperation with the Pyramid Lake Paiute Tribe,
shall design, prepare and issue license plates for the support of the
preservation and restoration of the natural environment of the Lower Truckee
River and Pyramid Lake using any colors that the Department deems appropriate.
The design of the license plates must include a depiction of Pyramid Lake and
its surrounding area. The Department shall not design, prepare or issue the
license plates unless it receives at least 250 applications for the issuance of
those plates.
2. If the Department receives at least 250
applications for the issuance of license plates for the support of the
preservation and restoration of the natural environment of the Lower Truckee
River and Pyramid Lake, the Department shall issue those plates for a passenger
car or light commercial vehicle upon application by a person who is entitled to
license plates pursuant to NRS 482.265 and who
otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be
combined with license plates for the support of the preservation and
restoration of the natural environment of the Lower Truckee River and Pyramid
Lake if that person pays the fees for the personalized prestige license plates
in addition to the fees for the license plates for the support of the
preservation and restoration of the natural environment of the Lower Truckee
River and Pyramid Lake pursuant to subsections 3 and 4.
3. The fee for license plates for the
support of the preservation and restoration of the natural environment of the
Lower Truckee River and Pyramid Lake is $35, in addition to all other
applicable registration and license fees and governmental services taxes. The
license plates are renewable upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates for
the support of the preservation and restoration of the natural environment of
the Lower Truckee River and Pyramid Lake must pay for the initial issuance of
the plates an additional fee of $25 and for each renewal of the plates an
additional fee of $20, to be distributed pursuant to subsection 5.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this subsection to the Pyramid Lake Paiute
Tribe. The fees deposited pursuant to this subsection may only be used to:
(a) Protect, restore and enhance the water
quality and natural resources of or relating to the Lower Truckee River and
Pyramid Lake, including, without limitation:
(1) Providing matching money for grants
that are available from federal or state agencies for such purposes; and
(2) Paying the costs of the Tribe’s
portion of joint projects with local, state or federal agencies for such purposes.
(b) Pay for, or match grants for, projects for
the enhancement of the economic development of the area surrounding the Lower
Truckee River and Pyramid Lake.
(c) Pay for the development and construction of
an arena on the Pyramid Lake Indian Reservation for activities pertaining to
fairgrounds or rodeos, or both, and to provide financial support for the
establishment of a rodeo team or other designated activities at Pyramid Lake
High School. Until October 1, 2006, 25 percent of the fees deposited pursuant
to this subsection must be used for the purposes described in this paragraph.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2001, 1672; A 2003, 497; 2013, 2855)
NRS 482.379375 Support and enhancement of parks, recreation facilities and
programs in City of Reno.
1. Except as otherwise provided in this
subsection, the Department, in cooperation with the Reno Recreation and Parks
Commission or its successor, shall design, prepare and issue license plates for
the support and enhancement of parks, recreation facilities and programs in the
City of Reno, using any colors and designs that the Department deems
appropriate. The Department shall not design, prepare or issue the license
plates unless:
(a) The Commission on Special License Plates
recommends to the Department that the Department approve the design,
preparation and issuance of those plates as described in NRS 482.367004; and
(b) The Department receives at least 1,000
applications for the issuance of those plates.
2. If the Commission on Special License
Plates recommends to the Department that the Department approve the design,
preparation and issuance of license plates for the support and enhancement of
parks, recreation facilities and programs in the City of Reno pursuant to
subsection 1, and the Department receives at least 1,000 applications for the
issuance of the license plates, the Department shall issue those plates for a
passenger car or light commercial vehicle upon application by a person who is
entitled to license plates pursuant to NRS 482.265
and who otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be
combined with license plates for the support and enhancement of parks,
recreation facilities and programs in the City of Reno if that person pays the
fees for the personalized prestige license plates in addition to the fees for
the license plates for the support and enhancement of parks, recreation
facilities and programs in the City of Reno pursuant to subsections 3 and 4.
3. The fee for license plates for the
support and enhancement of parks, recreation facilities and programs in the
City of Reno is $35, in addition to all other applicable registration and
license fees and governmental services taxes. The license plates are renewable
upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates for
the support and enhancement of parks, recreation facilities and programs in the
City of Reno must pay for the initial issuance of the plates an additional fee
of $25 and for each renewal of the plates an additional fee of $20 to be
distributed pursuant to subsection 5.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this section to the City Treasurer of the City
of Reno to be used to pay for the support and enhancement of parks, recreation
facilities and programs in the City of Reno.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2007, 572; A 2009, 959; 2013, 1480,
2856)
NRS 482.37938 Support of rodeos.
1. Except as otherwise provided in this
subsection and NRS 482.38279, the Department, in
cooperation with the Reno Rodeo Foundation and the Nevada High School Rodeo
Association or their successors, shall design, prepare and issue license plates
for the support of rodeos, including support for the programs and charitable
activities of the Reno Rodeo Foundation and the Nevada High School Rodeo
Association, or their successors, using any colors and designs that the
Department deems appropriate. The Department shall not design, prepare or issue
the license plates unless it receives at least 250 applications for the
issuance of those plates.
2. If the Department receives at least 250
applications for the issuance of license plates for the support of rodeos, the
Department shall issue those plates for a passenger car or light commercial
vehicle upon application by a person who is entitled to license plates pursuant
to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person
may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the
support of rodeos if that person pays the fees for the personalized prestige
license plates in addition to the fees for the license plates for the support
of rodeos pursuant to subsections 3 and 4.
3. The fee for license plates for the
support of rodeos is $35, in addition to all other applicable registration and
license fees and governmental services taxes. The license plates are renewable
upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates for
the support of rodeos must pay for the initial issuance of the plates an
additional fee of $25 and for each renewal of the plates an additional fee of
$20, to be distributed pursuant to subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to the
State General Fund. The State Treasurer shall, on a quarterly basis, distribute
the fees deposited pursuant to this subsection in the following manner:
(a) Remit one-half of the fees to the Reno Rodeo
Foundation or its successor for the support of programs and charitable
activities of the Reno Rodeo Foundation or its successor.
(b) Remit one-half of the fees to the Nevada High
School Rodeo Association or its successor for the support of programs and
charitable activities of the Nevada High School Rodeo Association or its
successor.
Ê The Nevada
High School Rodeo Association or its successor may grant a portion of the
proceeds it receives pursuant to this subsection to one or more high school
rodeo associations established in this State for the support of those
associations.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2001, 1674; A 2007, 825; 2013, 2857)
NRS 482.37945 Support of reconstruction, maintenance, improvement and
promotion of Virginia & Truckee Railroad.
1. Except as otherwise provided in this
subsection, the Department, in cooperation with the Northern Nevada Railway
Foundation or its successor, shall design, prepare and issue license plates for
the support of the reconstruction, maintenance, improvement and promotion of
the Virginia & Truckee Railroad using any colors that the Department deems
appropriate. The design of the license plates must include a depiction of a
locomotive of the Virginia & Truckee Railroad and the phrase “The Virginia
& Truckee Lives.” The Department shall not design, prepare or issue the
license plates unless it receives at least 250 applications for the issuance of
those plates.
2. If the Department receives at least 250
applications for the issuance of license plates for the support of the
reconstruction, maintenance, improvement and promotion of the Virginia &
Truckee Railroad, the Department shall issue those plates for a passenger car
or light commercial vehicle upon application by a person who is entitled to
license plates pursuant to NRS 482.265 and who otherwise
complies with the requirements for registration and licensing pursuant to this
chapter. A person may request that personalized prestige license plates issued
pursuant to NRS 482.3667 be combined with license
plates for the support of the reconstruction, maintenance, improvement and
promotion of the Virginia & Truckee Railroad if that person pays the fees
for the personalized prestige license plates in addition to the fees for the
license plates for the support of the reconstruction, maintenance, improvement
and promotion of the Virginia & Truckee Railroad pursuant to subsections 3
and 4.
3. The fee for license plates for the
support of the reconstruction, maintenance, improvement and promotion of the
Virginia & Truckee Railroad is $35, in addition to all other applicable
registration and license fees and governmental services taxes. The license
plates are renewable upon the payment of $10.
4. In addition to all other applicable
registration and license fees and governmental services taxes and the fee
prescribed in subsection 3, a person who requests a set of license plates for
the support of the reconstruction, maintenance, improvement and promotion of
the Virginia & Truckee Railroad must pay for the initial issuance of the
plates an additional fee of $25 and for each renewal of the plates an
additional fee of $20, to be distributed pursuant to subsection 5.
5. The Department shall transmit the fees
collected pursuant to subsection 4 to the treasurer with whom the Nevada
Commission for the Reconstruction of the V & T Railway of Carson City and
Douglas, Lyon, Storey and Washoe Counties has entered into an agreement as
required by subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993,
for deposit in the fund created pursuant to that section. The fees transmitted
pursuant to this subsection must be used only for the reconstruction,
maintenance, improvement and promotion of the Virginia & Truckee Railroad.
6. If, during a registration period, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2001, 583; A 2003, 6, 499; 2013, 2858)
Special License Plates Associated With Certain Classes and
Types of Vehicles
NRS 482.3795 Fire trucks.
1. The Department may issue special
license plates and registration certificates to residents of Nevada for a fire
truck pursuant to this section. Except as otherwise provided in subsection 3,
the fire truck must not be used for general transportation, but may be used for
musters, exhibitions, parades or similar activities.
2. In lieu of the annual registration and
fees required by this chapter, and of the governmental services tax imposed by chapter 371 of NRS, the owner of a fire truck
may submit:
(a) An affidavit to the Department indicating
that the fire truck:
(1) Will only be used for the permitted
purposes enumerated in subsection 1;
(2) Has been inspected and found safe to
be operated on the highways of this State; and
(3) Qualifies as a fire truck pursuant to
regulations adopted by the Department for this purpose.
(b) The following fees for the issuance of these
license plates:
(1) For the first issuance....................................................................................... $15
(2) For a renewal sticker............................................................................................ 5
3. If the owner elects to use the fire
truck as general transportation, the owner shall pay the regular annual
registration and fees prescribed by law and the governmental services tax
imposed by chapter 371 of NRS.
4. License plates issued pursuant to this
section must bear the inscription “Fire Truck” and the plates must be numbered
consecutively.
5. The cost of the die and the
modifications necessary for the issuance of a license plate pursuant to this
section must be paid from private sources without any expense to the State of
Nevada.
(Added to NRS by 1993, 513; A 2001, 329)
NRS 482.380 Antique vehicle: “Horseless Carriage.”
1. The Department may issue special motor
vehicle license plates from year to year to a person who has resided in the
State of Nevada for a period of 6 months preceding the date of application for
the license plates and who owns a motor vehicle which is a model manufactured
during or before 1915.
2. To administer the provisions of this
section, the Department may recognize the Horseless Carriage Club of Nevada as
presently constituted as the official Horseless Carriage Club of Nevada and to
designate and appoint one member of the Board of Directors of the Horseless
Carriage Club of Nevada to act as and be an ex officio deputy of the Department
and to perform the duties and functions prescribed by this section without
compensation, per diem allowance or travel expenses.
3. An applicant for license plates
pursuant to the provisions of this section must:
(a) Fill out and sign an application for license
plates on a form prescribed and furnished by the ex officio deputy for
licensing antique motor vehicles.
(b) Present evidence of the applicant’s
eligibility for license plates by showing, to the satisfaction of the ex
officio deputy, residence in this State for 6 months preceding the date of application
and ownership of an antique motor vehicle which is a model manufactured during
or before 1915.
(c) Present a certificate of inspection issued by
a committee, or member thereof, appointed by the Board of Directors of the
Horseless Carriage Club of Nevada verifying that the antique motor vehicle is
in safe and satisfactory mechanical condition, is in good condition and state
of repair, is well equipped and is covered by a policy of insurance covering
public liability and property damage written by an insurance company qualified
to do business in this State with limits of not less than $10,000 for each
person nor less than $20,000 for each accident, and not less than $5,000 for
property damage and which otherwise meets the requirements of chapter 485 of NRS.
(d) Exhibit a valid driver’s license authorizing
the applicant to drive a motor vehicle on the highways of this State.
(e) Pay the fee prescribed by the laws of this
State for the operation of a passenger car, without regard to the weight or the
capacity for passengers.
(f) Pay such other fee as prescribed by the Board
of Directors of the Horseless Carriage Club of Nevada necessary to defray all
cost of manufacture, transportation and issuance of the special license plates.
4. The ex officio deputy for licensing
antique motor vehicles shall each calendar year issue license plates, approved
by the Department, for each motor vehicle owned by an applicant who meets the
requirements of subsection 3, subject to the following conditions:
(a) The license plates must be numbered and
issued consecutively each year beginning with “Horseless Carriage 1.”
(b) The license plates must conform, as nearly as
possible, to the color and type of license plate issued in this State for
regular passenger cars.
(c) The special license plates issued pursuant to
this section must be specified, procured, transported and issued solely at the
expense and cost of the Horseless Carriage Club of Nevada and without any expense
to the State of Nevada.
5. The ex officio deputy for licensing
antique motor vehicles shall pay quarterly to the Department the prescribed fee
as provided in paragraph (e) of subsection 3. The fees so received must be
used, disbursed or deposited by the Department in the same manner as provided
by law for other fees for registration and licensing. All other fees collected
to defray expenses must be retained by the Board of Directors of the Horseless
Carriage Club of Nevada.
6. The license plates obtained pursuant to
this section are in lieu of the license plates otherwise provided for in this
chapter and are valid for the calendar year in which they are issued.
7. The Department shall charge and collect
the following fees for the issuance of these license plates, which fees are in
addition to all other license fees and applicable taxes:
(a) For the first issuance............................................................................................. $35
(b) For a renewal sticker................................................................................................ 10
[1:224:1955] + [2:224:1955] + [3:224:1955] +
[4:224:1955] + [5:224:1955] + [6:224:1955]—(NRS A 1963, 1128; 1971, 2167; 1987, 1087; 1991, 2318; 1997, 3000; 2001, 329)
NRS 482.381 Antique vehicle: “Old Timer.”
1. Except as otherwise provided in NRS 482.2655, the Department may issue special
license plates and registration certificates to residents of Nevada for any
motor vehicle which is a model manufactured more than 40 years before the date
of application for registration pursuant to this section.
2. License plates issued pursuant to this
section must bear the inscription “Old Timer,” and the plates must be numbered
consecutively.
3. The Nevada Old Timer Club members shall
bear the cost of the dies for carrying out the provisions of this section.
4. The Department shall charge and collect
the following fees for the issuance of these license plates, which fees are in
addition to all other license fees and applicable taxes:
(a) For the first issuance............................................................................................. $35
(b) For a renewal sticker................................................................................................ 10
5. In addition to the fees required
pursuant to subsection 4, the Department shall charge and collect a fee for the
first issuance of the license plates for those motor vehicles exempted pursuant
to NRS 445B.760 from the provisions
of NRS 445B.770 to 445B.815, inclusive. The amount of the
fee must be equal to the amount of the fee for a form certifying emission
control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
6. Fees paid to the Department pursuant to
subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.
(Added to NRS by 1973, 1156; A 1991, 2320; 1997, 3001; 2001, 331; 2011, 1527)
NRS 482.3811 Antique vehicle: Trucks and truck-tractors.
1. Except as otherwise provided in this
subsection, the Department may design, prepare and issue special license plates
and registration certificates to residents of Nevada for an antique truck or
truck-tractor pursuant to this section. The Department shall not design,
prepare or issue the license plates unless it receives at least 250
applications for the issuance of those plates. Except as otherwise provided in
subsection 3, the antique truck or truck-tractor must not be used for general
transportation, but may be used for antique truck shows, exhibitions, parades
or similar activities.
2. In lieu of the annual registration and
fees required by this chapter, and of the governmental services tax imposed by chapter 371 of NRS, the owner of an antique
truck or truck-tractor may submit:
(a) An affidavit to the Department indicating
that the antique truck or truck-tractor:
(1) Will be used only for the purposes
enumerated in subsection 1;
(2) Has been inspected and found safe to
be operated on the highways of this State;
(3) Will be at least 25 years old on the
date on which the owner of the antique truck or truck-tractor applies for
license plates pursuant to this section; and
(4) Has a manufacturer’s rated carrying
capacity of more than 1 ton.
(b) The following fees for the issuance of
license plates pursuant to this section:
(1) For the first issuance....................................................................................... $15
(2) For a renewal sticker............................................................................................ 5
3. If the owner elects to use the antique
truck or truck-tractor as general transportation, the owner shall pay the
regular annual registration and fees prescribed by law and the governmental
services tax imposed by chapter 371 of NRS.
4. License plates issued pursuant to this
section must bear the inscription “Antique Truck,” and the plates must be
numbered consecutively.
5. The cost of the die and the
modifications necessary for the issuance of a license plate pursuant to this section
must be paid from private sources without any expense to the State of Nevada.
6. If, during a registration year, the
holder of license plates issued pursuant to the provisions of this section
disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the transfer and
registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2001, 1859)
NRS 482.3812 Street Rods.
1. Except as otherwise provided in NRS 482.2655, the Department may issue special
license plates and registration certificates to residents of Nevada for any
passenger car or light commercial vehicle:
(a) Having a manufacturer’s rated carrying
capacity of 1 ton or less; and
(b) Manufactured not later than 1948.
2. License plates issued pursuant to this
section must be inscribed with the words “STREET ROD” and a number of
characters, including numbers and letters, as determined necessary by the
Director.
3. If, during a registration period, the
holder of special plates issued pursuant to this section disposes of the
vehicle to which the plates are affixed, the holder shall retain the plates
and:
(a) Affix them to another vehicle which meets the
requirements of this section and report the change to the Department in
accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
4. The fee for the special license plates
is $35, in addition to all other applicable registration and license fees and
governmental services taxes. The fee for an annual renewal sticker is $10.
5. In addition to the fees required
pursuant to subsection 4, the Department shall charge and collect a fee for the
first issuance of the special license plates for those motor vehicles exempted
pursuant to NRS 445B.760 from the
provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the
fee must be equal to the amount of the fee for a form certifying emission
control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
6. Fees paid to the Department pursuant to
subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.
(Added to NRS by 1989, 1731; A 1991, 2320; 1997, 3002; 2001, 331; 2011, 1527;
2013, 2557,
2859)
NRS 482.3814 Classic Rods.
1. Except as otherwise provided in NRS 482.2655, the Department may issue special
license plates and registration certificates to residents of Nevada for any
passenger car or light commercial vehicle:
(a) Having a manufacturer’s rated carrying
capacity of 1 ton or less; and
(b) Manufactured not earlier than 1949, but at
least 20 years before the application is submitted to the Department.
2. License plates issued pursuant to this
section must be inscribed with the words “CLASSIC ROD” and a number of
characters, including numbers and letters, as determined necessary by the
Director.
3. If, during a registration year, the
holder of special plates issued pursuant to this section disposes of the
vehicle to which the plates are affixed, the holder shall retain the plates
and:
(a) Affix them to another vehicle which meets the
requirements of this section and report the change to the Department in
accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
4. The fee for the special license plates
is $35, in addition to all other applicable registration and license fees and
governmental services taxes. The fee for an annual renewal sticker is $10.
5. In addition to the fees required
pursuant to subsection 4, the Department shall charge and collect a fee for the
first issuance of the special license plates for those motor vehicles exempted
pursuant to NRS 445B.760 from the
provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the
fee must be equal to the amount of the fee for a form certifying emission
control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
6. Fees paid to the Department pursuant to
subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.
(Added to NRS by 1989, 1732; A 1991, 2321; 1997, 3002; 2001, 331; 2011, 1528;
2013, 2557)
NRS 482.3816 Classic Vehicles.
1. Except as otherwise provided in NRS 482.2655, the Department may issue special
license plates and registration certificates to residents of Nevada for any
passenger car or light commercial vehicle:
(a) Having a manufacturer’s rated carrying
capacity of 1 ton or less;
(b) Manufactured at least 25 years before the
application is submitted to the Department; and
(c) Containing only the original parts which were
used to manufacture the vehicle or replacement parts that duplicate those
original parts.
2. License plates issued pursuant to this
section must be inscribed with the words “CLASSIC VEHICLE” and a number of
characters, including numbers and letters, as determined necessary by the
Director.
3. If, during a registration period, the
holder of special plates issued pursuant to this section disposes of the
vehicle to which the plates are affixed, the holder shall retain the plates
and:
(a) Affix them to another vehicle which meets the
requirements of this section and report the change to the Department in
accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
4. The fee for the special license plates
is $35, in addition to all other applicable registration and license fees and
governmental services taxes. The fee for an annual renewal sticker is $10.
5. In addition to the fees required
pursuant to subsection 4, the Department shall charge and collect a fee for the
first issuance of the special license plates for those motor vehicles exempted
pursuant to NRS 445B.760 from the
provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the
fee must be equal to the amount of the fee for a form certifying emission
control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
6. Fees paid to the Department pursuant to
subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.
(Added to NRS by 1995, 788; A 2001, 332; 2011, 1529;
2013, 2558,
2860)
NRS 482.3818 Vintage license plates: Production; issuance; fee; retention or
return upon disposal of vehicle.
1. The Department may produce and issue
vintage license plates to residents of Nevada for any motor vehicle
manufactured not later than 1942.
2. Vintage license plates issued pursuant
to this section must be produced by the Department:
(a) Using only digital technology for the production
of the plates; and
(b) To appear, insofar as is practicable, the
same as the license plates that were issued in Nevada during the year of
manufacture of the particular motor vehicle to which the vintage license plates
will be affixed.
3. The fee for vintage license plates
issued pursuant to this section is $35, in addition to all other applicable
registration and license fees and governmental services taxes. The vintage
license plates are renewable upon the payment of $10.
4. If, during a registration year, the
holder of vintage license plates issued pursuant to the provisions of this
section disposes of the vehicle to which the plates are affixed, the holder
shall:
(a) Retain the plates and affix them to another
vehicle that meets the requirements of this section if the holder pays the fee
for the transfer of the registration and any registration fee or governmental
services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from
the vehicle, return them to the Department.
(Added to NRS by 2003, 3346)
NRS 482.3823 Vehicle used for course of instruction in automobile repair.
1. An educational institution may operate
on the highways of this State an unregistered motor vehicle otherwise required
to be registered pursuant to this chapter if there is displayed on the vehicle
a special license plate assigned to the educational institution pursuant to
subsection 2. Such operation is strictly limited to movement of the vehicle:
(a) From one educational institution to another
educational institution;
(b) From the educational institution to an
established place of business which specializes in particular automotive
repairs; and
(c) Which is necessary to test the vehicle under
practical operating conditions on the road.
2. Upon application by an educational
institution, submission of such evidence of qualification as is determined
necessary by the Director and payment of the applicable fee, the Department
shall assign to the educational institution one or more sets of special license
plates for use on educational vehicles. The Department shall charge and collect
a fee of $5 for each set of special license plates issued pursuant to this
section. The plates are valid for 1 year. The fee for renewal is $5.
3. Any unauthorized use of special license
plates issued pursuant to this section is cause for the Department to revoke
all sets of those plates issued to the educational institution. Unauthorized
use of the plates includes:
(a) Display on a vehicle which is not an
educational vehicle; and
(b) Movement of an educational vehicle in any
manner not authorized in subsection 1.
4. Each special plate issued pursuant to
this section must have displayed upon it suitable characters, as determined by
the Department, to identify the vehicle as an educational vehicle. The special
plates may be used interchangeably on educational vehicles by the educational
institution to which the plates were issued.
5. As used in this section:
(a) “Educational institution” means:
(1) A public school as that term is
defined in NRS 385.007; or
(2) One of the branches or facilities
within the Nevada System of Higher Education,
Ê which offers
a course of instruction in automotive repair and owns or controls an
educational vehicle.
(b) “Educational vehicle” means any motor vehicle
which is owned or controlled by an educational institution and used exclusively
for the purposes of a course of instruction in automotive repair. The term does
not include any motor vehicle:
(1) Used by the educational institution
for any purpose not directly related to a course of instruction in automotive
repair.
(2) Owned by a pupil, student or employee
of the educational institution.
(Added to NRS by 1991, 316; A 1993, 410)
Souvenir and Other Smaller License Plates
NRS 482.3824 Special license plates to generate financial support for
charitable organization: Director required to issue souvenir license plate at
request of charitable organization; resale by charitable organization; issuance
of special license plate for trailers, motorcycles and certain other vehicles.
1. Except as otherwise provided in NRS 482.38279, with respect to any special license
plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and for which additional fees
are imposed for the issuance of the special license plate to generate financial
support for a charitable organization:
(a) The Director shall, at the request of the
charitable organization that is benefited by the particular special license
plate:
(1) Order the design and preparation of
souvenir license plates, the design of which must be substantially similar to
the particular special license plate; and
(2) Issue such souvenir license plates,
for a fee established pursuant to NRS 482.3825,
only to the charitable organization that is benefited by the particular special
license plate. The charitable organization may resell such souvenir license
plates at a price determined by the charitable organization.
(b) The Department may, except as otherwise
provided in this paragraph and after the particular special license plate is
approved for issuance, issue the special license plate for a trailer,
motorcycle or other type of vehicle that is not a passenger car or light
commercial vehicle, excluding vehicles required to be registered with the
Department pursuant to NRS 706.801 to 706.861, inclusive, and full trailers or
semitrailers registered pursuant to subsection 3 of NRS
482.483, upon application by a person who is entitled to license plates
pursuant to NRS 482.265 or 482.272
and who otherwise complies with the requirements for registration and licensing
pursuant to this chapter or chapter 486 of
NRS. The Department may not issue a special license plate for such other types
of vehicles if the Department determines that the design or manufacture of the
plate for those other types of vehicles would not be feasible. In addition, if
the Department incurs additional costs to manufacture a special license plate
for such other types of vehicles, including, without limitation, costs
associated with the purchase, manufacture or modification of dies or other
equipment necessary to manufacture the special license plate for such other
types of vehicles, those additional costs must be paid from private sources
without any expense to the State of Nevada.
2. If, as authorized pursuant to paragraph
(b) of subsection 1, the Department issues a special license plate for a
trailer, motorcycle or other type of vehicle that is not a passenger car or
light commercial vehicle, the Department shall charge and collect for the issuance
and renewal of such a plate the same fees that the Department would charge and
collect if the other type of vehicle was a passenger car or light commercial
vehicle. As used in this subsection, “fees” does not include any applicable
registration or license fees or governmental services taxes.
3. As used in this section:
(a) “Additional fees” has the meaning ascribed to
it in NRS 482.38273.
(b) “Charitable organization” means a particular
cause, charity or other entity that receives money from the imposition of
additional fees in connection with the issuance of a special license plate
pursuant to NRS 482.3667 to 482.3823, inclusive. The term includes the successor,
if any, of a charitable organization.
(Added to NRS by 2003, 494; A 2003,
20th Special Session, 256; 2007, 577, 826; 2009, 496, 960; 2011, 1795;
2013, 2558,
2860)
NRS 482.3825 Director authorized to issue souvenir license plates; “issuance”
does not include resale of plates by charitable organization.
1. The Director may order the design and
preparation of souvenir license plates which are easily distinguishable in
design or color from regular license plates. The Director may establish a fee
for the issuance of such plates of not more than $15 per plate. The Department
may issue more than one plate of any particular design.
2. All money collected from the issuance
of souvenir license plates must be deposited in the State Treasury for credit
to the Motor Vehicle Fund.
3. As used in this section, “issuance”
does not include the resale of a souvenir license plate as authorized pursuant
to paragraph (a) of subsection 1 of NRS 482.3824.
(Added to NRS by 1987, 1475; A 2001, 586, 1676; 2003, 500)
Investigations Relating to Finances of Charitable
Organizations that Receive Additional Fees From Special License Plates
NRS 482.38272 Definitions. As
used in NRS 482.38272 to 482.38279,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 482.38273 to 482.38276,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 817)
NRS 482.38273 “Additional fees” defined. “Additional
fees” means the fees that are charged in connection with the issuance or
renewal of a special license plate for the benefit of a particular cause, fund
or charitable organization. The term does not include registration and license
fees or governmental services taxes.
(Added to NRS by 2007, 817)
NRS 482.38274 “Charitable organization” defined. “Charitable
organization” has the meaning ascribed to it in NRS
482.3824.
(Added to NRS by 2007, 817; A 2009, 961)
NRS 482.38275 “Intended recipient” defined. “Intended
recipient” means the particular cause, fund or charitable organization for the
benefit of which additional fees are imposed. In the case of special license
plates:
1. Authorized by enactment of the
Legislature, the term means the particular cause, fund or charitable
organization identified in statute as the required recipient of additional
fees.
2. Authorized pursuant to the system of
application and petition described in NRS 482.367002,
the term means the particular cause, fund or charitable organization identified
as the intended recipient of additional fees, as described in the application
that was submitted for those special license plates pursuant to paragraph (b)
of subsection 2 of that section.
(Added to NRS by 2007, 817)
NRS 482.38276 “Special license plate” defined. “Special
license plate” has the meaning ascribed to it in subsection 1 of NRS 482.367008.
(Added to NRS by 2007, 817)
NRS 482.38277 Certain charitable organizations to prepare and file balance
sheet and bank statement with Commission on Special License Plates; certain
information concerning persons responsible for such organizations to be
provided to Commission and Department; duties of Legislative Auditor with
respect to forms and information.
1. On or before September 1 of each fiscal
year, each charitable organization, not including a governmental entity whose
budget is included in the executive budget, that receives additional fees shall
prepare a balance sheet for the immediately preceding fiscal year on a form
provided by the Commission on Special License Plates and file the balance
sheet, accompanied by a recent bank statement, with the Commission. The
Commission shall prepare and make available, or cause to be prepared and made
available, a form that must be used by a charitable organization to prepare
such a balance sheet.
2. On or before July 1 of each fiscal
year, each charitable organization, not including a governmental entity whose
budget is included in the executive budget, that receives additional fees shall
provide to the Commission and the Department:
(a) A list of the names of the persons, whether
or not designated officers, who are responsible for overseeing the operation of
the charitable organization;
(b) The current mailing address of the charitable
organization; and
(c) The current telephone number of the
charitable organization.
3. The Legislative Auditor shall
prescribe:
(a) The form and content of the balance sheets
required to be filed pursuant to subsection 1; and
(b) Any additional information that must
accompany the balance sheets and bank statements required to be filed pursuant
to subsection 1, including, without limitation, the methods and procedures used
to ensure that all money received in the form of additional fees is expended
solely for the benefit of the intended recipient.
4. The Commission shall provide to the
Legislative Auditor:
(a) A copy of each balance sheet and bank
statement that it receives from a charitable organization pursuant to
subsection 1; and
(b) A copy of the information that it receives
from a charitable organization pursuant to subsection 2.
(Added to NRS by 2007, 817; A 2009, 19; 2013, 1481)
NRS 482.38278 Legislative Auditor to present final written report to
Commission on Special License Plates; distribution of report; contents of
report.
1. On or before September 30 following the
end of each fiscal year, the Legislative Auditor shall present to the
Commission on Special License Plates a final written report with respect to the
charitable organizations for which the Commission provided to the Legislative
Auditor a balance sheet pursuant to subsection 4 of NRS
482.38277.
2. The final written report must be
distributed to each member of the Commission before the report is presented to
the Commission.
3. Along with any statement of explanation
or rebuttal from the audited charitable organization, the final written report
may include, without limitation:
(a) Evidence regarding the inadequacy or
inaccuracy of any forms or records filed by the charitable organization with
the Commission or the Department;
(b) Evidence regarding any improper practices of
financial administration on the part of the charitable organization;
(c) Evidence regarding the methods and
procedures, or lack thereof, used to ensure that all money received in the form
of additional fees is expended solely for the benefit of the intended
recipient; and
(d) Any other evidence or information that the
Legislative Auditor determines to be relevant to the propriety of the financial
administration and recordkeeping of the charitable organization, including,
without limitation, the disposition of any additional fees received by the
charitable organization.
(Added to NRS by 2007, 817; A 2009, 19; 2013, 1481)
NRS 482.38279 Determination that charitable organization failed to comply with
certain provisions or standards; organization may request hearing; Commission
on Special License Plates to issue decision; authority of Commission to
recommend that Department suspend collection of additional fees or production of
design of special license plate.
1. If the Commission on Special License
Plates determines that a charitable organization has failed to comply with one
or more of the provisions of NRS 482.38277 or if,
in a report provided to the Commission by the Legislative Auditor pursuant to NRS 482.38278, the Legislative Auditor determines
that a charitable organization has committed improper practices of financial
administration, has filed with the Commission or the Department forms or
records that are inadequate or inaccurate, or has failed to use adequate
methods and procedures to ensure that all money received in the form of
additional fees is expended solely for the benefit of the intended recipient,
the Commission shall notify the charitable organization of that determination.
2. A charitable organization may request
in writing a hearing, within 20 days after receiving notification pursuant to
subsection 1, to respond to the determinations of the Commission or Legislative
Auditor. The hearing must be held not later than 30 days after the receipt of
the request for a hearing unless the parties, by written stipulation, agree to
extend the time.
3. The Commission shall issue a decision
on whether to uphold the original determination of the Commission or the
Legislative Auditor or to overturn that determination. The decision required
pursuant to this subsection must be issued:
(a) Immediately after the hearing, if a hearing
was requested; or
(b) Within 30 days after the expiration of the
20-day period within which a hearing may be requested, if a hearing was not
requested.
4. If the Commission decides to uphold its
own determination that a charitable organization has failed to comply with one
or more of the provisions of NRS 482.38277 or
decides to uphold the determination of the Legislative Auditor that the
organization has committed improper practices of financial administration, has
filed with the Commission or the Department forms or records that are
inadequate or inaccurate, or has failed to use adequate methods and procedures
to ensure that all money received in the form of additional fees is expended
solely for the benefit of the intended recipient, the Commission shall issue
its decision in writing and may recommend that the Department:
(a) Suspend the collection of all additional fees
collected on behalf of the charitable organization; and
(b) Suspend production of the particular design
of special license plates from which the charitable organization receives
additional fees, if the Department is still producing that design.
5. If, in accordance with subsection 4,
the Commission recommends that the Department take adverse action against a
charitable organization, the Commission shall notify the charitable
organization, in writing, of that fact within 30 days after making the
recommendation. A charitable organization aggrieved by a recommendation of the
Commission may, within 30 days after the date on which it received notice of
the recommendation, submit to the Department any facts, evidence or other
information that it believes is relevant to the propriety of the Commission’s
recommendation. Within 30 days after receiving all facts, evidence and other
relevant information submitted to the Department by the aggrieved charitable
organization, the Department shall render a decision, in writing, as to whether
the Department accepts or rejects the Commission’s recommendation. The decision
of the Department is a final decision for the purpose of judicial review.
(Added to NRS by 2007, 818; A 2009, 20; 2013, 1482)
SPECIAL USE PERMITS FOR SPECIAL EVENTS
NRS 482.383 Conditions for issuance; fee.
1. The Department may issue a special use
permit for the operation of any unregistered and unlicensed vehicle upon any
highway in this State to enable such a vehicle to operate in connection with
special events, such as parades.
2. A permit issued pursuant to subsection
1 must be in a form prescribed by the Department and must limit the use of the
vehicle for which it is issued to movement for the purpose set forth in the
application for the permit. Such a permit must be affixed to the vehicle in a
manner and position determined by the Department and must be cancelled, destroyed
or surrendered under such rules as the Department may prescribe.
3. The Department shall charge a fee of $2
for each permit issued pursuant to subsection 1.
(Added to NRS by 1963, 1276; A 1973, 91; 1993, 1387; 1999, 3577)
SPECIAL LICENSE PLATES AND PARKING PLACARDS FOR PERSONS
WITH DISABILITIES
NRS 482.3831 Definitions. As
used in NRS 482.3831 to 482.384,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 482.3833 to 482.3839,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 373)
NRS 482.3833 “Person with a disability of moderate duration” defined. “Person with a disability of moderate
duration” means a person:
1. With a disability which limits or
impairs the ability to walk; and
2. Whose disability has been certified by
a licensed physician as being reversible, but estimated to last longer than 6
months.
(Added to NRS by 2003, 373)
NRS 482.3835 “Person with a disability which limits or impairs the ability to
walk” defined. “Person with a
disability which limits or impairs the ability to walk” means a person who:
1. Cannot walk 200 feet without stopping
to rest;
2. Cannot walk without the use of a brace,
cane, crutch, wheelchair or prosthetic or other assistive device, or another
person;
3. Is restricted by a lung disease to such
an extent that the person’s forced expiratory volume for 1 second, when
measured by a spirometer, is less than 1 liter, or the arterial oxygen tension
is less than 60 millimeters of mercury on room air while the person is at rest;
4. Uses portable oxygen;
5. Has a cardiac condition to the extent
that the person’s functional limitations are classified in severity as a Class
III or Class IV according to standards adopted by the American Heart
Association;
6. Has a visual disability; or
7. Is severely limited in his or her
ability to walk because of an arthritic, neurological or orthopedic condition.
(Added to NRS by 1993, 1386; A 2003, 376)
NRS 482.3837 “Person with a permanent disability” defined. “Person with a permanent disability” means a
person:
1. With a disability which limits or
impairs the ability to walk; and
2. Whose disability has been certified by
a licensed physician as irreversible.
(Added to NRS by 2003, 373)
NRS 482.3839 “Person with a temporary disability” defined. “Person with a temporary disability” means a
person:
1. With a disability which limits or
impairs the ability to walk; and
2. Whose disability has been certified by
a licensed physician as estimated to last not longer than 6 months.
(Added to NRS by 2003, 373)
NRS 482.384 Special license plates and special and temporary parking
placards and stickers: Application; issuance; renewal; fees; design; display;
letter of verification; prohibited acts; regulations.
1. Upon the application of a person with a
permanent disability, the Department may issue special license plates for a
vehicle, including a motorcycle, registered by the applicant pursuant to this
chapter. The application must include a statement from a licensed physician
certifying that the applicant is a person with a permanent disability. The
issuance of a special license plate to a person with a permanent disability
pursuant to this subsection does not preclude the issuance to such a person of
a special parking placard for a vehicle other than a motorcycle or a special
parking sticker for a motorcycle pursuant to subsection 6.
2. Every year after the initial issuance
of special license plates to a person with a permanent disability, the
Department shall require the person to renew the special license plates in
accordance with the procedures for renewal of registration pursuant to this
chapter. The Department shall not require a person with a permanent disability
to include with the application for renewal a statement from a licensed
physician certifying that the person is a person with a permanent disability.
3. Upon the application of an organization
which provides transportation for a person with a permanent disability,
disability of moderate duration or temporary disability, the Department may
issue special license plates for a vehicle registered by the organization
pursuant to this chapter, or the Department may issue special parking placards
to the organization pursuant to this section to be used on vehicles providing
transportation to such persons. The application must include a statement from
the organization certifying that:
(a) The vehicle for which the special license
plates are issued is used primarily to transport persons with permanent
disabilities, disabilities of moderate duration or temporary disabilities; or
(b) The organization which is issued the special
parking placards will only use such placards on vehicles that actually
transport persons with permanent disabilities, disabilities of moderate
duration or temporary disabilities.
4. The Department may charge a fee for
special license plates issued pursuant to this section not to exceed the fee
charged for the issuance of license plates for the same class of vehicle.
5. Special license plates issued pursuant
to this section must display the international symbol of access in a color
which contrasts with the background and is the same size as the numerals and
letters on the plate.
6. Upon the application of a person with a
permanent disability or disability of moderate duration, the Department may
issue:
(a) A special parking placard for a vehicle other
than a motorcycle. Upon request, the Department may issue one additional
placard to an applicant to whom special license plates have not been issued
pursuant to this section.
(b) A special parking sticker for a motorcycle.
Ê The
application must include a statement from a licensed physician certifying that
the applicant is a person with a permanent disability or disability of moderate
duration.
7. A special parking placard issued
pursuant to subsection 6 must:
(a) Have inscribed on it the international symbol
of access which is at least 3 inches in height, is centered on the placard and
is white on a blue background;
(b) Have an identification number and date of
expiration of:
(1) If the special parking placard is
issued to a person with a permanent disability, 10 years after the initial date
of issuance; or
(2) If the special parking placard is
issued to a person with a disability of moderate duration, 2 years after the
initial date of issuance;
(c) Have placed or inscribed on it the seal or
other identification of the Department; and
(d) Have a form of attachment which enables a
person using the placard to display the placard from the rearview mirror of the
vehicle.
8. A special parking sticker issued
pursuant to subsection 6 must:
(a) Have inscribed on it the international symbol
of access which complies with any applicable federal standards, is centered on
the sticker and is white on a blue background;
(b) Have an identification number and a date of
expiration of:
(1) If the special parking sticker is
issued to a person with a permanent disability, 10 years after the initial date
of issuance; or
(2) If the special parking sticker is
issued to a person with a disability of moderate duration, 2 years after the
initial date of issuance; and
(c) Have placed or inscribed on it the seal or
other identification of the Department.
9. Before the date of expiration of a
special parking placard or special parking sticker issued to a person with a
permanent disability or disability of moderate duration, the person shall renew
the special parking placard or special parking sticker. If the applicant for
renewal is a person with a disability of moderate duration, the applicant must
include with the application for renewal a statement from a licensed physician
certifying that the applicant is a person with a disability which limits or
impairs the ability to walk, and that such disability, although not
irreversible, is estimated to last longer than 6 months. A person with a
permanent disability is not required to submit evidence of a continuing
disability with the application for renewal.
10. The Department, or a city or county,
may issue, and charge a reasonable fee for, a temporary parking placard for a
vehicle other than a motorcycle or a temporary parking sticker for a motorcycle
upon the application of a person with a temporary disability. Upon request, the
Department, city or county may issue one additional temporary parking placard
to an applicant. The application must include a certificate from a licensed
physician indicating:
(a) That the applicant has a temporary
disability; and
(b) The estimated period of the disability.
11. A temporary parking placard issued
pursuant to subsection 10 must:
(a) Have inscribed on it the international symbol
of access which is at least 3 inches in height, is centered on the placard and
is white on a red background;
(b) Have an identification number and a date of
expiration; and
(c) Have a form of attachment which enables a
person using the placard to display the placard from the rearview mirror of the
vehicle.
12. A temporary parking sticker issued
pursuant to subsection 10 must:
(a) Have inscribed on it the international symbol
of access which is at least 3 inches in height, is centered on the sticker and
is white on a red background; and
(b) Have an identification number and a date of
expiration.
13. A temporary parking placard or
temporary parking sticker is valid only for the period for which a physician
has certified the disability, but in no case longer than 6 months. If the
temporary disability continues after the period for which the physician has
certified the disability, the person with the temporary disability must renew
the temporary parking placard or temporary parking sticker before the temporary
parking placard or temporary parking sticker expires. The person with the
temporary disability shall include with the application for renewal a statement
from a licensed physician certifying that the applicant continues to be a
person with a temporary disability and the estimated period of the disability.
14. A special or temporary parking placard
must be displayed in the vehicle when the vehicle is parked by hanging or
attaching the placard to the rearview mirror of the vehicle. If the vehicle has
no rearview mirror, the placard must be placed on the dashboard of the vehicle
in such a manner that the placard can easily be seen from outside the vehicle
when the vehicle is parked.
15. Upon issuing a special license plate
pursuant to subsection 1, a special or temporary parking placard, or a special
or temporary parking sticker, the Department, or the city or county, if
applicable, shall issue a letter to the applicant that sets forth the name and
address of the person with a permanent disability, disability of moderate
duration or temporary disability to whom the special license plate, special or
temporary parking placard or special or temporary parking sticker has been
issued and:
(a) If the person receives special license
plates, the license plate number designated for the plates; and
(b) If the person receives a special or temporary
parking placard or a special or temporary parking sticker, the identification
number and date of expiration indicated on the placard or sticker.
Ê The letter,
or a legible copy thereof, must be kept with the vehicle for which the special
license plate has been issued or in which the person to whom the special or
temporary parking placard or special or temporary parking sticker has been
issued is driving or is a passenger.
16. A special or temporary parking sticker
must be affixed to the windscreen of the motorcycle. If the motorcycle has no
windscreen, the sticker must be affixed to any other part of the motorcycle
which may be easily seen when the motorcycle is parked.
17. Special or temporary parking placards,
special or temporary parking stickers, or special license plates issued
pursuant to this section do not authorize parking in any area on a highway
where parking is prohibited by law.
18. No person, other than the person
certified as being a person with a permanent disability, disability of moderate
duration or temporary disability, or a person actually transporting such a
person, may use the special license plate or plates or a special or temporary
parking placard, or a special or temporary parking sticker issued pursuant to
this section to obtain any special parking privileges available pursuant to
this section.
19. Any person who violates the provisions
of subsection 18 is guilty of a misdemeanor.
20. The Department may review the
eligibility of each holder of a special parking placard, a special parking
sticker or special license plates, or any combination thereof. Upon a
determination of ineligibility by the Department, the holder shall surrender
the special parking placard, special parking sticker or special license plates,
or any combination thereof, to the Department.
21. The Department may adopt such
regulations as are necessary to carry out the provisions of this section.
(Added to NRS by 1967, 983; A 1971, 1554; 1973, 81;
1975, 820; 1983,
823; 1985,
908; 1989,
1315; 1991,
359; 1993,
1387; 1995,
2760; 1999,
2568; 2003,
376; 2005,
984, 1367)
PLACARDS FOR VOLUNTEER FIREFIGHTERS AND ASSOCIATED
EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS
NRS 482.3843 Application; issuance; use; surrender; no fee to be charged by
Department.
1. The chief of a volunteer fire
department may apply to the Department of Motor Vehicles for the issuance of a
placard for a member of the volunteer fire department, a volunteer emergency
medical technician, advanced emergency medical technician or paramedic
associated with the department. The application must:
(a) Be submitted on a form approved by the
Department of Motor Vehicles; and
(b) Include:
(1) The name of the volunteer fire
department;
(2) The county in which the volunteer fire
department is located; and
(3) The number of placards requested.
2. Upon receipt of an application pursuant
to the provisions of subsection 1, the Department of Motor Vehicles shall
prepare and issue the number of placards requested in the application. The
placards must be yellow in color and must have appropriate mounting holes. The
volunteer fire department is responsible for determining the design, lettering
and numbering of the placards.
3. The chief of the volunteer fire
department shall establish rules:
(a) Regarding the issuance and use of the
placards; and
(b) Establishing a method of establishing and
maintaining records of placards that have been issued.
4. When a member to whom a placard has
been issued ceases to be a member of the volunteer fire department, or when a
volunteer emergency medical technician, advanced emergency medical technician
or paramedic to whom a placard has been issued ceases to be associated with the
department, the person shall surrender the placard to the chief of the
volunteer fire department from which the person received the placard.
5. A placard issued pursuant to the
provisions of this section may not be used in lieu of a license plate otherwise
required by this chapter.
6. The Department of Motor Vehicles shall
not charge a fee for the issuance of the placards pursuant to this section.
(Added to NRS by 1999, 253; A 2001, 2551; 2013, 959)
PERMITS FOR UNREGISTERED MOTOR VEHICLES
NRS 482.385 Registration of vehicle of nonresident owner not required;
exceptions; registration of vehicle by person upon becoming resident of this
State or accepting gainful employment or enrolling child in public school in
this State; penalty; taxes and fees; surrender of nonresident license plates
and registration certificate; citation for violation.
1. Except as otherwise provided in
subsections 5 and 7 and NRS 482.390 and 482.3961, a nonresident owner of a vehicle of a type
subject to registration pursuant to the provisions of this chapter, owning any
vehicle which has been registered for the current year in the state, country or
other place of which the owner is a resident and which at all times when
operated in this State has displayed upon it the registration license plate
issued for the vehicle in the place of residence of the owner, may operate or
permit the operation of the vehicle within this State without its registration
in this State pursuant to the provisions of this chapter and without the
payment of any registration fees to this State:
(a) For a period of not more than 30 days in the
aggregate in any 1 calendar year; and
(b) Notwithstanding the provisions of paragraph
(a), during any period in which the owner is:
(1) On active duty in the military service
of the United States;
(2) An out-of-state student;
(3) Registered as a student at a college
or university located outside this State and who is in the State for a period
of not more than 6 months to participate in a work-study program for which the
student earns academic credits from the college or university; or
(4) A migrant or seasonal farm worker.
2. This section does not:
(a) Prohibit the use of manufacturers’,
distributors’ or dealers’ license plates issued by any state or country by any
nonresident in the operation of any vehicle on the public highways of this
State.
(b) Require registration of vehicles of a type
subject to registration pursuant to the provisions of this chapter operated by
nonresident common motor carriers of persons or property, contract motor
carriers of persons or property, or private motor carriers of property as
stated in NRS 482.390.
(c) Require registration of a vehicle operated by
a border state employee.
3. Except as otherwise provided in
subsection 5, when a person, formerly a nonresident, becomes a resident of this
State, the person shall:
(a) Within 30 days after becoming a resident; or
(b) At the time he or she obtains a driver’s
license,
Ê whichever
occurs earlier, apply for the registration of each vehicle the person owns
which is operated in this State. When a person, formerly a nonresident, applies
for a driver’s license in this State, the Department shall inform the person of
the requirements imposed by this subsection and of the penalties that may be imposed
for failure to comply with the provisions of this subsection.
4. A citation may be issued pursuant to
subsection 1, 3 or 5 only if the violation is discovered when the vehicle is
halted or its driver arrested for another alleged violation or offense. The
Department shall maintain or cause to be maintained a list or other record of
persons who fail to comply with the provisions of subsection 3 and shall, at
least once each month, provide a copy of that list or record to the Department
of Public Safety.
5. Except as otherwise provided in this
subsection and NRS 482.3961, a resident or
nonresident owner of a vehicle of a type subject to registration pursuant to
the provisions of this chapter who engages in a trade, profession or occupation
or accepts gainful employment in this State or who enrolls his or her children
in a public school in this State shall, within 30 days after the commencement
of such employment or enrollment, apply for the registration of each vehicle
the person owns which is operated in this State. The provisions of this
subsection do not apply to a nonresident who is:
(a) On active duty in the military service of the
United States;
(b) An out-of-state student;
(c) Registered as a student at a college or
university located outside this State and who is in the State for a period of
not more than 6 months to participate in a work-study program for which the
student earns academic credits from the college or university; or
(d) A migrant or seasonal farm worker.
6. A person who violates the provisions of
subsection 1, 3 or 5 is guilty of a misdemeanor and, except as otherwise
provided in this subsection, shall be punished by a fine of $1,000. The fine
imposed pursuant to this subsection is in addition to any fine or penalty
imposed for the other alleged violation or offense for which the vehicle was
halted or its driver arrested pursuant to subsection 4. The fine imposed
pursuant to this subsection may be reduced to not less than $200 if the person presents
evidence at the time of the hearing that the person has registered the vehicle
pursuant to this chapter.
7. Any resident operating upon a highway
of this State a motor vehicle which is owned by a nonresident and which is
furnished to the resident operator for his or her continuous use within this
State, shall cause that vehicle to be registered within 30 days after beginning
its operation within this State.
8. A person registering a vehicle pursuant
to the provisions of subsection 1, 3, 5, 7 or 9 or pursuant to NRS 482.390:
(a) Must be assessed the registration fees and
governmental services tax, as required by the provisions of this chapter and chapter 371 of NRS; and
(b) Must not be allowed credit on those taxes and
fees for the unused months of the previous registration.
9. If a vehicle is used in this State for
a gainful purpose, the owner shall immediately apply to the Department for
registration, except as otherwise provided in NRS
482.390, 482.395, 482.3961
and 706.801 to 706.861, inclusive.
10. An owner registering a vehicle
pursuant to the provisions of this section shall surrender the existing
nonresident license plates and registration certificates to the Department for
cancellation.
11. A vehicle may be cited for a violation
of this section regardless of whether it is in operation or is parked on a
highway, in a public parking lot or on private property which is open to the
public if, after communicating with the owner or operator of the vehicle, the
peace officer issuing the citation determines that:
(a) The owner of the vehicle is a resident of
this State;
(b) The vehicle is used in this State for a
gainful purpose;
(c) Except as otherwise provided in paragraph (b)
of subsection 1, the owner of the vehicle is a nonresident and has operated the
vehicle in this State for more than 30 days in the aggregate in any 1 calendar
year; or
(d) The owner of the vehicle is a nonresident
required to register the vehicle pursuant to subsection 5.
12. A constable may issue a citation for a
violation of this section only if the vehicle is located in his or her township
at the time the citation is issued.
13. As used in this section, “peace
officer” includes a constable.
[Part 17:202:1931; A 1933, 249; 1937, 330; 1941, 279;
1943, 266; 1951, 156; 1955, 350]—(NRS A 1960, 130; 1961, 131, 350; 1963, 215;
1973, 1568; 1975, 334; 1981, 474; 1983, 1005; 1985, 1836; 1989, 705, 1169, 1422; 1991, 1990; 1995, 2727; 2001, 332; 2003, 3378; 2005, 2062; 2009, 3015;
2011, 1588;
2013, 2950,
3193)
NRS 482.390 Commercial vehicle of nonresident owner: Applicability of
provisions; conditions for exemption from registration.
1. All nonresident owners or operators of
vehicles of a type subject to registration under this chapter operating those
vehicles on the public highways of this State as common motor carriers of
persons or property, contract motor carriers of persons or property, or private
motor carriers of property, as such carriers are now or may hereafter be
defined in the laws of this State relating thereto are governed by and must pay
the fees required by the provisions of those laws with respect to the operation
of those vehicles in any of such carrier services.
2. All such nonresident owners or
operators of such vehicles may operate the vehicles upon the public highways of
this State without any registration thereof in this State under the provisions
of this chapter and without the payment of any registration fees to the State
upon the following conditions:
(a) That each vehicle must be operated pursuant
to a permit designated as a “hunter’s permit” in § 910 of article IX of the
International Registration Plan, as adopted by the Department pursuant to NRS 706.826, or be registered or licensed
and have attached thereto the registration or license plates for the then
current year, pursuant to the motor vehicle registration laws of the state or
country wherein the owner of the motor vehicle resides or maintains his or her
principal place of business and wherein the vehicle is registered for that
year, which registration or license plates must be displayed on the vehicle
during all of the time operated in this State.
(b) That the laws of the state or country of the
residence or principal place of business of the owner of the vehicle do not
require the registration of the vehicles and payment of fees therefor from
residents of this State engaging in similar carrier services in the state or
country of the residence or principal place of business of the nonresident
owner wherein the motor vehicle is registered.
[Part 17:202:1931; A 1933, 249; 1937, 330; 1941, 279;
1943, 266; 1951, 156; 1955, 350]—(NRS A 1997, 320)
NRS 482.395 Reciprocal agreements and arrangements. The
Director is authorized, empowered and directed to enter into agreements and
formal compacts with appropriate officials of other states for the purpose of
establishing rules and regulations governing registration, conduct and
operation of motor vehicles coming within the provisions of NRS 482.385 and 482.390,
including mutual agreements leading to the revocation of reciprocity for
persistent violators of laws concerning motor vehicle operation and licensing.
[Part 17:202:1931; A 1933, 249; 1937, 330; 1941, 279;
1943, 266; 1951, 156; 1955, 350]—(NRS A 1961, 132; 1973, 1569)
NRS 482.3955 Special permits for movement of vehicles by dealers,
distributors, rebuilders or other persons; permits for operation of vehicle by
charitable organizations.
1. The Department shall issue to any
dealer, distributor, rebuilder or other person, upon request, and upon payment
of a fee of $8.25, a special permit, in a form to be determined by the Department,
for the movement of any vehicle to sell outside the State of Nevada, or for the
movement outside the State of any vehicle purchased by a nonresident. The
permit must be affixed to the vehicle to be so moved in a manner and position
to be determined by the Department, and expires 15 days after its issuance.
2. The Department may issue a permit to a
resident of this State who desires to move an unregistered vehicle within the
State upon the payment of a fee of $8.25. The permit is valid for 24 hours.
3. The Department shall, upon the request
of a charitable organization which intends to sell a vehicle which has been
donated to the organization, issue to the organization a permit for the
operation of the vehicle until the vehicle is sold by the organization. The
Department shall not charge a fee for the issuance of the permit.
(Added to NRS by 1960, 134; A 1963, 105; 1965, 1474;
1971, 1554; 1973, 171; 1983, 1001; 1995, 2355)
NRS 482.396 Permit to operate certain unregistered vehicles.
1. A person who is not a dealer,
manufacturer or rebuilder may apply to the Department for a permit to operate a
vehicle which:
(a) Is not subject to the provisions of NRS 482.390, 482.395 and 706.801 to 706.861, inclusive; and
(b) Is not currently registered in this State,
another state or a foreign country, or has been purchased by the applicant from
a person who is not a dealer.
2. The Department shall adopt regulations
imposing a fee for the issuance of the permit.
3. Each permit must:
(a) Bear the date of expiration in numerals of
sufficient size to be plainly readable from a reasonable distance during
daylight;
(b) Expire at 5 p.m. not more than 60 days after
its date of issuance;
(c) Be affixed to the vehicle in the manner
prescribed by the Department; and
(d) Be removed and destroyed upon its expiration
or the issuance of a new permit or a certificate of registration for the
vehicle, whichever occurs first.
4. The Department may authorize the
issuance of more than one permit for the vehicle to be operated by the
applicant.
(Added to NRS by 1975, 238; A 1981, 868; 1985, 683; 2001, 913; 2010, 26th
Special Session, 47)
NRS 482.3961 Nonresident business permit required for vehicle owned by
nonresident who allows vehicle to be operated in this State for business
purpose; conditions; application; fees; penalties; regulations.
1. Except as otherwise provided in this
section and NRS 482.390 and 706.801 to 706.861, inclusive, a nonresident who:
(a) Is not a natural person;
(b) Is the owner of a vehicle of a type subject
to registration pursuant to the provisions of this chapter; and
(c) Allows that vehicle to be operated in this
State by an employee, independent contractor or any other person for the
purpose of engaging in the business of the nonresident within this State,
Ê shall,
within 10 days after the commencement of such operation, apply for a
nonresident business permit for the vehicle.
2. The Department shall grant an
application for the permitting of a vehicle pursuant to subsection 1 if the
nonresident owner of the vehicle:
(a) Submits proof that the vehicle has been
registered for the current year in the state, country or other place of which
the owner is a resident;
(b) Submits proof that the vehicle is currently
insured in compliance with the laws of the state, country or other place of
which the owner is a resident;
(c) Submits proof that the vehicle has been
tested for emissions in compliance with the laws of the state, country or other
place of which the owner is a resident or, if the place where the owner is a
resident does not require the testing of the emissions of motor vehicles,
complies with the provisions of NRS
445B.700 to 445B.815, inclusive,
and the regulations adopted pursuant thereto for the vehicle as if the vehicle
were required to comply with those provisions; and
(d) Pays a fee of:
(1) Two hundred dollars for the first
vehicle for which the owner obtains a permit pursuant to this section.
(2) One hundred and fifty dollars for each
additional vehicle for which the owner obtains a permit pursuant to this
section.
3. The Department shall issue to a
nonresident owner who obtains a permit for a vehicle pursuant to this section
an indicator for the permitted vehicle that must be displayed on the permitted
vehicle when the permitted vehicle is operated in this State. The indicator
issued pursuant to this subsection is nontransferable and expires 1 year after
the date of issuance.
4. All fees paid pursuant to subsection 2
must be deposited with the State Treasurer for credit to the State Highway Fund
and expended pursuant to subsection 2 of NRS
408.235.
5. A person who violates the provisions of
this section is guilty of a misdemeanor and shall be punished:
(a) For the first offense, by a fine of not more
than $500.
(b) For the second and each subsequent offense,
by a fine of not more than $750.
Ê The failure
of a person to comply with the provisions of this section for each vehicle to
which this section applies constitutes a separate offense.
6. A vehicle may be cited for a violation
of this section regardless of whether it is in operation or is parked on a
highway, in a public parking lot or on private property which is open to the
public if, after communicating with the owner or operator of the vehicle, the
peace officer issuing the citation determines that the vehicle is required to
be permitted pursuant to subsection 1. As used in this subsection, “peace
officer” includes a constable.
7. The Department may adopt such
regulations as are necessary to carry out the provisions of this section.
8. The provisions of this section do not
apply with respect to a vehicle that is leased or rented to a lessee by a
short-term lessor, as that term is defined in subsection 5 of NRS 482.053.
(Added to NRS by 2013, 3191)
NRS 482.3963 Temporary permit for owner-lessor to operate certain
unregistered vehicles.
1. An owner of a vehicle who leases it to
a carrier and operates the vehicle pursuant to that lease may apply to the
Department for a temporary permit to operate the vehicle if the vehicle:
(a) Is not subject to the provisions of NRS 482.390 and 482.395;
(b) Is not currently registered in this State,
another state or a foreign country; and
(c) Is operated at the vehicle’s unladen weight.
2. The Department shall charge $10 for
such a temporary permit, in addition to all other applicable fees and taxes.
3. Such a temporary permit must:
(a) Bear the date of its expiration;
(b) Expire at 5 p.m. on the 15th day after its
date of issuance;
(c) Be affixed to the vehicle in a manner
prescribed by the Department; and
(d) Be removed and destroyed upon its expiration
or upon the issuance of a certificate of registration for the vehicle,
whichever occurs first.
4. As used in this section, “carrier”
means a common motor carrier of passengers as defined in NRS 706.041, a common motor carrier of
property as defined in NRS 706.046, a
contract motor carrier as defined in NRS
706.051, or a private motor carrier of property as defined in NRS 706.111.
(Added to NRS by 1997, 318)
NRS 482.3965 Temporary permit for short-term lessor to operate certain
unregistered vehicles.
1. A short-term lessor may apply to the
Department for a temporary permit to operate a vehicle which:
(a) Is not subject to the provisions of NRS 482.390, 482.395 and 706.801 to 706.861, inclusive; and
(b) Is not currently registered in this State,
another state or a foreign country.
2. The Department may, by regulation,
establish a reasonable fee for such a permit. When a short-term lessor who has
received a temporary permit issued pursuant to this section applies to register
the vehicle, the Department shall credit against the amount otherwise due the
amount paid by the short-term lessor for the temporary permit.
3. A permit must:
(a) Bear the date of its expiration in numerals
of sufficient size to be plainly readable from a reasonable distance during
daylight;
(b) Expire at 5 p.m. on the 30th day after its
date of issuance;
(c) Be affixed to the vehicle in the manner
prescribed by the Department; and
(d) Be removed and destroyed upon its expiration
or the issuance of a certificate of registration for the vehicle, whichever
occurs first.
(Added to NRS by 1993, 156; A 2005, 4)
PERMITS FOR GOLF CARTS
NRS 482.398 Issuance in county whose population is 700,000 or more;
conditions under which permit not necessary.
1. In a county whose population is 700,000
or more, a permit for the operation of a golf cart may be issued by the
Department if the golf cart is equipped as required by subsection 2 and
evidence of insurance as required for the registration of a motor vehicle is
submitted when application for the permit is made.
2. A golf cart must have the following
equipment:
(a) Headlamps;
(b) Tail lamps, reflectors, stop lamps and an
emblem or placard for slow moving vehicles;
(c) A mirror; and
(d) Brakes.
Ê Each of
these items of equipment must meet the standards prescribed for motor vehicles
generally.
3. A permit is not required for the
operation of a golf cart during daylight, by a person holding a current
driver’s license, if the golf cart is:
(a) Equipped with an emblem or placard for slow
moving vehicles; and
(b) Operated solely upon that portion of a
highway designated by the appropriate city or county as a:
(1) Crossing for golf carts; or
(2) Route of access between a golf course
and the residence or temporary abode of the owner or operator of the golf cart.
(Added to NRS by 1991, 2329; A 1993, 2481; 1995, 2731; 2011, 1288)
TRANSFER OF TITLE OR INTEREST
NRS 482.399 Expiration of registration on transfer of ownership or
destruction of vehicle; transfer of registration to another vehicle; reuse of
license plates; refund.
1. Upon the transfer of the ownership of
or interest in any vehicle by any holder of a valid registration, or upon
destruction of the vehicle, the registration expires.
2. Except as otherwise provided in
subsection 3 of NRS 482.483, the holder of the
original registration may transfer the registration to another vehicle to be
registered by the holder and use the same regular license plate or plates or
special license plate or plates issued pursuant to NRS
482.3667 to 482.3823, inclusive, or 482.384, on the vehicle from which the registration is
being transferred, if the license plate or plates are appropriate for the
second vehicle, upon filing an application for transfer of registration and
upon paying the transfer registration fee and the excess, if any, of the
registration fee and governmental services tax on the vehicle to which the
registration is transferred over the total registration fee and governmental
services tax paid on all vehicles from which he or she is transferring
ownership or interest. Except as otherwise provided in NRS
482.294, an application for transfer of registration must be made in
person, if practicable, to any office or agent of the Department or to a
registered dealer, and the license plate or plates may not be used upon a
second vehicle until registration of that vehicle is complete.
3. In computing the governmental services
tax, the Department, its agent or the registered dealer shall credit the
portion of the tax paid on the first vehicle attributable to the remainder of
the current registration period or calendar year on a pro rata monthly basis
against the tax due on the second vehicle or on any other vehicle of which the
person is the registered owner. If any person transfers ownership or interest
in two or more vehicles, the Department or the registered dealer shall credit
the portion of the tax paid on all of the vehicles attributable to the
remainder of the current registration period or calendar year on a pro rata
monthly basis against the tax due on the vehicle to which the registration is
transferred or on any other vehicle of which the person is the registered
owner. The certificates of registration and unused license plates of the
vehicles from which a person transfers ownership or interest must be submitted
before credit is given against the tax due on the vehicle to which the
registration is transferred or on any other vehicle of which the person is the
registered owner.
4. In computing the registration fee, the
Department or its agent or the registered dealer shall credit the portion of
the registration fee paid on each vehicle attributable to the remainder of the
current calendar year or registration period on a pro rata basis against the
registration fee due on the vehicle to which registration is transferred.
5. If the amount owed on the registration
fee or governmental services tax on the vehicle to which registration is
transferred is less than the credit on the total registration fee or
governmental services tax paid on all vehicles from which a person transfers
ownership or interest, no refund may be allowed by the Department.
6. If the license plate or plates are not
appropriate for the second vehicle, the plate or plates must be surrendered to
the Department or registered dealer and an appropriate plate or plates must be
issued by the Department. The Department shall not reissue the surrendered
plate or plates until the next succeeding licensing period.
7. If application for transfer of
registration is not made within 60 days after the destruction or transfer of
ownership of or interest in any vehicle, the license plate or plates must be
surrendered to the Department on or before the 60th day for cancellation of the
registration.
8. Except as otherwise provided in
subsection 2 of NRS 371.040 and
subsection 7 of NRS 482.260, if a person cancels
his or her registration and surrenders to the Department the license plates for
a vehicle, the Department shall, in accordance with the provisions of
subsection 9, issue to the person a refund of the portion of the registration
fee and governmental services tax paid on the vehicle attributable to the
remainder of the current calendar year or registration period on a pro rata
basis.
9. The Department shall issue a refund
pursuant to subsection 8 only if the request for a refund is made at the time
the registration is cancelled and the license plates are surrendered, the
person requesting the refund is a resident of Nevada, the amount eligible for
refund exceeds $100, and evidence satisfactory to the Department is submitted
that reasonably proves the existence of extenuating circumstances. For the
purposes of this subsection, the term “extenuating circumstances” means
circumstances wherein:
(a) The person has recently relinquished his or
her driver’s license and has sold or otherwise disposed of his or her vehicle.
(b) The vehicle has been determined to be
inoperable and the person does not transfer the registration to a different
vehicle.
(c) The owner of the vehicle is seriously ill or
has died and the guardians or survivors have sold or otherwise disposed of the
vehicle.
(d) Any other event occurs which the Department,
by regulation, has defined to constitute an “extenuating circumstance” for the
purposes of this subsection.
(Added to NRS by 1959, 916; A 1960, 131; 1963, 1130;
1969, 687; 1977,
268; 1983,
1620; 1995,
1865; 1997,
320, 2645;
2001, 333, 2782; 2003, 3379; 2007, 578; 2013, 2861)
NRS 482.400 Endorsement of certificate of title upon transfer; electronic
submission of notice of transfer; form for transfer of ownership for use by
dealer; registration by transferee; exceptions.
1. Except as otherwise provided in this
subsection and subsections 3, 6 and 7, and NRS 482.247,
upon a transfer of the title to, or the interest of an owner in, a vehicle
registered or issued a certificate of title under the provisions of this
chapter, the person or persons whose title or interest is to be transferred and
the transferee shall write their signatures with pen and ink upon the certificate
of title issued for the vehicle, together with the residence address of the
transferee, in the appropriate spaces provided upon the reverse side of the
certificate. The Department may, by regulation, prescribe alternative methods
by which a signature may be affixed upon a manufacturer’s certificate of origin
or a manufacturer’s statement of origin issued for a vehicle. The alternative
methods must ensure the authenticity of the signatures.
2. Within 5 days after the transfer of the
title to, or the interest of an owner in, a vehicle registered or issued a
certificate of title under the provisions of this chapter, the person or
persons whose title or interest is to be transferred may submit electronically
to the Department a notice of the transfer. The Department may provide, by
request and at the discretion of the Department, information submitted to the
Department pursuant to this section to a tow car operator or other interested
party. The Department shall adopt regulations establishing:
(a) Procedures for electronic submissions
pursuant to this section; and
(b) Standards for determining who may receive
information from the Department pursuant to this section.
3. The Department shall provide a form for
use by a dealer for the transfer of ownership of a vehicle. The form must be
produced in a manner which ensures that the form may not be easily
counterfeited. Upon the attachment of the form to a certificate of title issued
for a vehicle, the form becomes a part of that certificate of title. The Department
may charge a fee not to exceed the cost to provide the form.
4. Except as otherwise provided in
subsections 5, 6 and 7, the transferee shall immediately apply for registration
as provided in NRS 482.215 and shall pay the
governmental services taxes due.
5. If the transferee is a dealer who
intends to resell the vehicle, the transferee is not required to register, pay
a transfer or registration fee for, or pay a governmental services tax on the
vehicle. When the vehicle is resold, the purchaser shall apply for registration
as provided in NRS 482.215 and shall pay the
governmental services taxes due.
6. If the transferee consigns the vehicle
to a wholesale vehicle auctioneer:
(a) The transferee shall, within 30 days after
that consignment, provide the wholesale vehicle auctioneer with the certificate
of title for the vehicle, executed as required by subsection 1, and any other
documents necessary to obtain another certificate of title for the vehicle.
(b) The wholesale vehicle auctioneer shall be
deemed a transferee of the vehicle for the purposes of subsection 5. The
wholesale vehicle auctioneer is not required to comply with subsection 1 if the
wholesale vehicle auctioneer:
(1) Does not take an ownership interest in
the vehicle;
(2) Auctions the vehicle to a vehicle
dealer or automobile wrecker who is licensed as such in this or any other
state; and
(3) Stamps his or her name, his or her
identification number as a vehicle dealer and the date of the auction on the
certificate of title and the bill of sale and any other documents of transfer
for the vehicle.
7. A charitable organization which intends
to sell a vehicle which has been donated to the organization must deliver immediately
to the Department or its agent the certificate of registration and the license
plate or plates for the vehicle, if the license plate or plates have not been
removed from the vehicle. The charitable organization must not be required to
register, pay a transfer or registration fee for, or pay a governmental
services tax on the vehicle. When the vehicle is sold by the charitable
organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the governmental services taxes
due.
8. As used in this section, “wholesale
vehicle auctioneer” means a dealer who:
(a) Is engaged in the business of auctioning
consigned motor vehicles to vehicle dealers or automobile wreckers, or both,
who are licensed as such in this or any other state; and
(b) Does not in the ordinary course of business
buy, sell or own the vehicles he or she auctions.
[Part 15:202:1931; 1931 NCL § 4435.14]—(NRS A 1959,
914; 1960, 131; 1963, 1131; 1969, 688; 1975, 1088; 1995, 1043, 2355; 1999, 2567; 2001, 334, 914, 923; 2003, 462; 2007, 988; 2009, 1307)
NRS 482.410 Transferee to apply for certificate of registration and pay
governmental services tax. The
transferee of a vehicle shall apply for a certificate of registration and pay
the governmental services tax to the deputy registrar of motor vehicles in any
county of this State, in the manner provided in this chapter for an original
registration.
[Part 15:202:1931; 1931 NCL § 4435.14]—(NRS A 1959,
915; 1960, 132; 1967, 132; 2001, 335)
NRS 482.415 Registration if transferee unable to produce certificate of
registration or title.
1. Whenever application is made to the
Department for registration of a vehicle previously registered pursuant to this
chapter and the applicant is unable to present the certificate of registration
or certificate of title previously issued for the vehicle because the
certificate of registration or certificate of title is lost, unlawfully
detained by one in possession or otherwise not available, the Department may
receive the application, investigate the circumstances of the case and require
the filing of affidavits or other information. When the Department is satisfied
that the applicant is entitled to a new certificate of registration and
certificate of title, it may register the applicant’s vehicle and issue new
certificates and a new license plate or plates to the person or persons
entitled thereto.
2. Whenever application is made to the
Department for the registration of a motor vehicle of which the:
(a) Ownership has been transferred;
(b) Certificate of title is lost, unlawfully
detained by one in possession or otherwise not available; and
(c) Model year is 9 years old or newer,
Ê the
transferor of the motor vehicle may, to furnish any information required by the
Department to carry out the provisions of NRS
484D.330, designate the transferee of the motor vehicle as attorney-in-fact
on a form for a power of attorney provided by the Department.
3. The Department shall provide the form
described in subsection 2. The form must be:
(a) Produced in a manner that ensures that the
form may not be easily counterfeited; and
(b) Substantially similar to the form set forth
in Appendix E of Part 580 of Title 49 of the Code of Federal Regulations.
4. The Department may charge a fee not to
exceed 50 cents for each form it provides.
[Part 7:202:1931; 1931 NCL § 4435.06]—(NRS A 1959,
915; 1995, 1044;
2003, 463)
NRS 482.420 Transfer other than voluntary transfer: Expiration of
registration; operation of vehicle.
1. Except as otherwise provided in
subsection 2, in the event of the transfer by operation of law of the title or
interest of an owner in and to a vehicle as upon inheritance, devise or
bequest, order in bankruptcy or insolvency, execution sale, repossession upon
default in performing the terms of a lease or executory sales contract,
transfer on death pursuant to NRS 482.247, or
otherwise, the registration thereof expires and the vehicle must not be
operated upon the highways until and unless the person entitled thereto shall
apply for and obtain the registration thereof.
2. An administrator, executor, trustee or
other representative of the owner, or a sheriff or other officer, or any person
repossessing the vehicle under the terms of a conditional sales contract, lease
or other security agreement, or the assignee or legal representative of any
such person, may operate or cause to be operated any vehicle upon the highways
for a distance not to exceed 75 miles from the place of repossession or place
where formerly kept by the owner to a garage, warehouse or other place of
keeping or storage, either upon displaying upon such vehicle the number plate
issued to the former owner or without a number plate attached thereto but under
written permission first obtained from the Department or the local police
authorities having jurisdiction over such highways, and upon displaying in
plain sight a placard bearing the name and address of the person authorizing
and directing such movement and plainly readable from a distance of 100 feet
during daylight.
[Part 15:202:1931; 1931 NCL § 4435.14]—(NRS A 1965,
942; 2007, 990)
LEASE OF MOTOR VEHICLE OR TRAILER FOR USE PRIMARILY IN
TRADE OR BUSINESS
NRS 482.4215 Circumstances in which lease does not constitute sale or create
security interest. Notwithstanding
any specific statute to the contrary, the lease of a motor vehicle or trailer
for use primarily in a trade or business of the lessee does not constitute a
sale or create a security interest merely because the lease permits or requires
that the rental price be adjusted upward or downward by reference to the amount
realized by the lessor upon the sale or other disposition of the motor vehicle
or trailer upon the termination of the lease.
(Added to NRS by 2003, 1425)
SECURITY INTERESTS IN VEHICLES
NRS 482.423 Sale of new vehicle: Duties of seller; information concerning
secured party or assignee; temporary placards; dealer to complete dealer’s
report of sale and furnish copy of information included therein; applicability
of section.
1. When a new vehicle is sold in this
State for the first time, the seller shall complete and submit to the
Department a manufacturer’s certificate of origin or a manufacturer’s statement
of origin and, unless the vehicle is sold to a dealer who is licensed to sell
the vehicle, transmit electronically to the Department a dealer’s report of
sale. The dealer’s report of sale must be transmitted electronically to the
Department in the manner required by the Department and must include:
(a) A description of the vehicle;
(b) The name and address of the seller; and
(c) The name and address of the buyer.
2. If, in connection with the sale, a
security interest is taken or retained by the seller to secure all or part of
the purchase price, or a security interest is taken by a person who gives value
to enable the buyer to acquire rights in the vehicle, the name and address of
the secured party or his or her assignee must be included in the dealer’s
report of sale and on the manufacturer’s certificate or statement of origin.
3. Unless an extension of time is granted
by the Department, the seller shall:
(a) Collect the fees set forth in NRS 482.429 for:
(1) A certificate of title for a vehicle
registered in this State; and
(2) The processing of the dealer’s report
of sale; and
(b) Within 20 days after the electronic
transmission to the Department of the dealer’s report of sale:
(1) Submit to the Department the
manufacturer’s certificate or statement of origin; and
(2) Remit to the Department the fees
collected pursuant to paragraph (a).
4. Upon entering into a contract or other
written agreement for the sale of a new vehicle, the seller shall affix a
temporary placard to the rear of the vehicle. Only one temporary placard may be
issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the Department;
(b) Be made of a material appropriate for use on
the exterior of a vehicle;
(c) Be free from foreign materials and clearly
visible from the rear of the vehicle; and
(d) Include the date of its expiration.
5. Compliance with the requirements of
subsection 4 permits the vehicle to be operated for a period not to exceed 30
days after the execution of a written agreement to purchase or the contract of
sale, whichever occurs first. Upon the issuance of the certificate of
registration and license plates for the vehicle or the expiration of the
temporary placard, whichever occurs first, the buyer shall remove the temporary
placard from the rear of the vehicle.
6. For the purposes of establishing
compliance with the period required by paragraph (b) of subsection 3, the
Department shall use the date on which the dealer’s report of sale was
transmitted electronically to the Department as the beginning date of the
20-day period.
7. Upon execution of all the documents
necessary to complete the sale of a vehicle, including, without limitation, the
financial documents, the dealer shall complete the dealer’s report of sale and
furnish a copy of the information included therein to the buyer not less than
10 days before the expiration of the temporary placard.
8. The provisions of this section do not
apply to kit trailers.
(Added to NRS by 1967, 129; A 1973, 1163; 1975, 1073;
1977, 998; 1979, 1024, 1226; 1993, 1390; 1995, 777, 1865; 1997, 196; 1999, 255; 2001, 915; 2003, 2641; 2007, 3216; 2013, 2522)
NRS 482.4235 Lease of new vehicle pursuant to long-term lease: Duties of
long-term lessor; temporary placards; completion of long-term lessor’s report
of lease and furnishing of copy of information included therein.
1. If a new vehicle is leased in this
State by a long-term lessor, the long-term lessor shall complete and submit to
the Department a manufacturer’s certificate of origin or a manufacturer’s
statement of origin, and transmit electronically to the Department a long-term
lessor’s report of lease. Such a report must be transmitted electronically to
the Department in the manner required by the Department and must include:
(a) A description of the vehicle; and
(b) The names and addresses of the long-term
lessor, long-term lessee and any person having a security interest in the
vehicle.
2. Unless an extension of time is granted
by the Department, the long-term lessor shall, within 20 days after the
electronic transmission to the Department of the long-term lessor’s report of
lease:
(a) Submit to the Department the manufacturer’s
certificate of origin or manufacturer’s statement of origin; and
(b) Collect and remit to the Department the fee
set forth in NRS 482.429 for the processing of the
long-term lessor’s report of lease.
3. Upon entering into a lease or written
agreement to lease for a new vehicle, the long-term lessor shall affix a
temporary placard to the rear of the vehicle. Only one temporary placard may be
issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the Department;
(b) Be made of a material appropriate for use on
the exterior of a vehicle;
(c) Be free from foreign materials and clearly
visible from the rear of the vehicle; and
(d) Include the date of its expiration.
4. Compliance with the requirements of
subsection 3 permits the vehicle to be operated for a period not to exceed 30
days after the execution of a written agreement to lease or the lease,
whichever occurs first. Upon issuance of the certificate of registration and
license plates for the vehicle or the expiration of the temporary placard,
whichever occurs first, the long-term lessee shall remove the temporary placard
from the rear of the vehicle.
5. For the purposes of establishing
compliance with the period required by subsection 2, the Department shall use
the date on which the long-term lessor’s report of lease was transmitted
electronically to the Department as the beginning date of the 20-day period.
6. Upon executing all the documents
necessary to complete the lease of the vehicle, including, without limitation,
the financial documents, the long-term lessor shall complete the long-term
lessor’s report of lease and furnish a copy of the information included therein
to the long-term lessee not less than 10 days before the expiration of the
temporary placard.
(Added to NRS by 1993, 1385; A 1997, 197; 1999, 257; 2001, 916; 2003, 2642; 2007, 3217; 2013, 2523)
NRS 482.424 Sale of used or rebuilt vehicle: Duties of seller; exception;
information concerning secured party; temporary placards; completion of
dealer’s or rebuilder’s report of sale and furnishing of copy of information
included therein.
1. When a used or rebuilt vehicle is sold
in this State to any person, except a licensed dealer, by a dealer, rebuilder,
long-term lessor or short-term lessor, the seller shall complete and submit to
the Department a dealer’s or rebuilder’s report of sale. The dealer’s or
rebuilder’s report of sale must be transmitted electronically to the Department
in the manner required by the Department and must include:
(a) A description of the vehicle, including
whether it is a rebuilt vehicle;
(b) The name and address of the seller; and
(c) The name and address of the buyer.
2. If a security interest exists at the
time of the sale, or if in connection with the sale a security interest is
taken or retained by the seller to secure all or part of the purchase price, or
a security interest is taken by a person who gives value to enable the buyer to
acquire rights in the vehicle, the name and address of the secured party must
be included in the dealer’s or rebuilder’s report of sale.
3. Unless an extension of time is granted
by the Department, the seller shall:
(a) Collect the fees set forth in NRS 482.429 for:
(1) A certificate of title for a vehicle
registered in this State; and
(2) The processing of the dealer’s or
rebuilder’s report of sale; and
(b) Within 30 days after the electronic
transmission to the Department of the dealer’s or rebuilder’s report of sale:
(1) Submit to the Department the properly
endorsed certificate of title previously issued for the vehicle; and
(2) Remit to the Department the fees
collected pursuant to paragraph (a).
4. Upon entering into a contract or other
written agreement for the sale of a used or rebuilt vehicle, the seller shall
affix a temporary placard to the rear of the vehicle. Only one temporary
placard may be issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the Department;
(b) Be made of a material appropriate for use on
the exterior of a vehicle;
(c) Be free from foreign materials and clearly
visible from the rear of the vehicle; and
(d) Include the date of its expiration.
5. Compliance with the requirements of
subsection 4 permits the vehicle to be operated for not more than 30 days after
the execution of a written agreement to purchase or the contract of sale,
whichever occurs first. Upon the issuance of the certificate of registration
and license plates for the vehicle or the expiration of the temporary placard,
whichever occurs first, the buyer shall remove the temporary placard from the
rear of the vehicle.
6. To establish compliance with the period
required by paragraph (b) of subsection 3, the Department shall use the date on
which the dealer’s or rebuilder’s report of sale was transmitted electronically
to the Department as the beginning date of the 30-day period.
7. Upon executing all the documents
necessary to complete the sale of the vehicle, including, without limitation,
the financial documents, the seller shall complete the dealer’s or rebuilder’s
report of sale and furnish a copy of the information included therein to the
buyer not less than 10 days before the expiration of the temporary placard.
(Added to NRS by 1967, 130; A 1971, 1307; 1973, 1163;
1975, 1074; 1977,
999; 1979,
1025, 1227;
1987, 1592;
1993, 1391;
1997, 197; 1999, 257; 2001, 917; 2003, 463, 2643; 2007, 3218; 2013, 2524)
NRS 482.4245 Lease of used or rebuilt vehicle pursuant to long-term lease:
Duties of long-term lessor; temporary placards; completion of long-term
lessor’s report of lease and furnishing of copy of information included
therein.
1. If a used or rebuilt vehicle is leased
in this State by a long-term lessor, the long-term lessor shall complete and
submit to the Department a long-term lessor’s report of lease. Such a report
must be transmitted electronically to the Department in the manner required by
the Department and must include:
(a) A description of the vehicle;
(b) An indication as to whether the vehicle is a
rebuilt vehicle; and
(c) The names and addresses of the long-term
lessor, long-term lessee and any person having a security interest in the
vehicle.
2. Unless an extension of time is granted
by the Department, the long-term lessor shall, within 30 days after the
electronic transmission to the Department of the long-term lessor’s report of
lease:
(a) Submit to the Department the properly
endorsed certificate of title previously issued for the vehicle; and
(b) Collect and remit to the Department the fee
set forth in NRS 482.429 for the processing of the
long-term lessor’s report of lease.
3. Upon entering into a lease or written
agreement to lease for a used or rebuilt vehicle, the long-term lessor shall
affix a temporary placard to the rear of the vehicle. Only one temporary
placard may be issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the Department;
(b) Be made of a material appropriate for use on
the exterior of a vehicle;
(c) Be free from foreign materials and clearly
visible from the rear of the vehicle; and
(d) Include the date of its expiration.
4. Compliance with the requirements of
subsection 3 permits the vehicle to be operated for a period not to exceed 30
days after the execution of a written agreement to lease or the lease,
whichever comes first. Upon issuance of the certificate of registration and
license plates for the vehicle or the expiration of the temporary placard,
whichever occurs first, the long-term lessee shall remove the temporary placard
from the rear of the vehicle.
5. To establish compliance with the period
required by subsection 2, the Department shall use the date on which the
long-term lessor’s report of lease was transmitted electronically to the
Department as the beginning date of the 30-day period.
6. Upon executing all the documents
necessary to complete the lease of the vehicle, including, without limitation,
the financial documents, the long-term lessor shall complete the long-term
lessor’s report of lease and furnish a copy of the information included therein
to the long-term lessee not less than 10 days before the expiration of the
temporary placard.
(Added to NRS by 1993, 1385; A 1997, 198; 1999, 259; 2001, 918; 2003, 464, 2644; 2007, 3219; 2013, 2525)
NRS 482.4247 Temporary placards issued by Department; fee; disposition of
proceeds.
1. The Department shall collect a fee for each
temporary placard issued by the Department to a seller or long-term lessor
pursuant to NRS 482.423 to 482.4245,
inclusive. The fee may not exceed the cost to the Department of producing the
temporary placard.
2. The fees collected pursuant to
subsection 1 must be deposited with the State Treasurer for credit to the Motor
Vehicle Fund and allocated to the Department to pay for the cost of producing
the temporary placards.
(Added to NRS by 1999, 255)
NRS 482.426 Sale of used or rebuilt vehicle by person not dealer or
rebuilder: Duties; documents and statement to be submitted to Department;
remittance of fee. When a used or
rebuilt vehicle is sold in this State by a person who is not a dealer or
rebuilder, the seller or buyer or both of them shall, within 10 days after the
sale:
1. Submit to the Department:
(a) If a certificate of title has been issued in
this State, the certificate properly endorsed.
(b) If a certificate of title or other document
of title has been issued by a public authority of another state, territory or
country:
(1) The certificate or document properly
endorsed; and
(2) A statement containing, if not
included in the endorsed certificate or document, the description of the
vehicle, including whether it is a rebuilt vehicle, the names and addresses of
the buyer and seller, and the name and address of any person who takes or retains
a purchase money security interest. Any such statement must be signed and
acknowledged by the seller and the buyer.
(c) If no document of title has been issued by
any public authority, a statement containing all the information and signed and
acknowledged in the manner required by subparagraph (2) of paragraph (b).
2. Remit to the Department the fee set
forth in NRS 482.429 for the processing of an
endorsed certificate of title or statement submitted to the Department pursuant
to this section.
(Added to NRS by 1967, 130; A 1971, 1308; 1987, 1593; 2003, 465, 2645)
NRS 482.427 Issuance of certificate of title to buyer, secured party or
assignee.
1. Upon receipt of the documents required
respectively by NRS 482.423, 482.424
and 482.426 to be submitted to it, and the payment
of all required fees, the Department shall issue a certificate of title.
2. If no security interest is created or exists
in connection with the sale, the certificate of title must be issued to the
buyer.
3. If a security interest is created by
the sale, the certificate of title must be issued to the secured party or to
his or her assignee.
(Added to NRS by 1967, 130; A 1977, 999; 1979, 1228; 1997, 199; 2003, 465)
NRS 482.428 Issuance of certificates of title to certain secured parties.
1. Whenever a security interest is created
in a motor vehicle, other than a security interest required to be entered
pursuant to NRS 482.423, 482.424
or 482.426, the certificate of title of the vehicle
must be delivered to the Department with a statement signed by the debtor
showing the date of the security agreement, the name and address of the debtor
and the name and address of the secured party.
2. The Department shall issue and deliver
to the secured party a certificate of title with the name and address of the
secured party noted thereon.
(Added to NRS by 1967, 130; A 2003, 466)
NRS 482.4285 Electronic lien system for notification and release of security
interests: Duties of Department; qualifications and requirements of contractor;
participation of lienholders; electronic lien admissible as evidence of
existence of lien; regulations.
1. The Department shall enter into one or
more contracts pursuant to this section to establish, implement and operate, in
lieu of the issuance and maintenance of paper documents otherwise required by
this chapter, an electronic lien system to process the notification and release
of security interests through electronic batch file transfers.
2. Any
contract entered into pursuant to this section must not require the Department
to pay any amount to a contractor unless otherwise provided in this section. A
contractor must be required to reimburse the Department for any reasonable
implementation costs directly incurred by the Department during the
establishment and ongoing administration of the electronic lien system. A
contract entered into pursuant to this section must include provisions
specifically prohibiting a contractor from using information concerning vehicle
titles for marketing or solicitation purposes.
3. The electronic lien system must allow
qualified service providers to participate in the system. A lienholder may
participate in the system through any qualified service provider approved by
the Department for participation in the system.
4. Service providers may be required to
collect fees from lienholders and their agents for the implementation and
administration of the electronic lien system. The amount of the fee collected
by a service provider and paid to a contractor for the establishment and
maintenance of the electronic lien system must not exceed $4 per transaction.
5. A contractor may also serve as a
service provider under such terms and conditions as are established by the
Department pursuant to the terms of a contract entered into pursuant to this
section and the regulations adopted by the Department. If a contractor will
also serve as a service provider:
(a) The Department may perform audits of the
contractor at intervals determined by the Department to ensure the contractor
is not engaged in predatory pricing. The contractor shall reimburse the
Department for the cost of all audits.
(b) The contract between the Department and the
contractor entered into pursuant to this section must include an
acknowledgement by the contractor that the contractor is required to enter into
agreements to exchange electronic lien data with all service providers who
offer electronic lien and title services to lienholders doing business in the
State of Nevada, have been approved by the Department for participation in the
electronic lien system pursuant to this section and elect to use the contractor
for access to the electronic lien system. A service provider must not be
required to provide confidential or proprietary information to any other
service provider.
6. Except for persons who are not normally
engaged in the business or practice of financing vehicles, all lienholders are
required to participate in the electronic lien system.
7. For the purposes of this chapter, any
requirement that a lien or other information appear on a certificate of title
is satisfied by the inclusion of that information in an electronic file
maintained in an electronic lien system. The satisfaction of a lien may be
electronically transmitted to the Department. A certificate of title is not
required to be issued until the lien is satisfied or the certificate of title
is otherwise required to meet the requirements of any legal proceeding or other
provision of law. If a vehicle is subject to an electronic lien, the
certificate of title shall be deemed to be physically held by the lienholder
for the purposes of state or federal law concerning odometer readings and
disclosures.
8. A certified copy of the Department’s
electronic record of a lien is admissible in any civil, criminal or
administrative proceeding in this State as evidence of the existence of the
lien. If a certificate of title is maintained electronically in the electronic lien
system, a certified copy of the Department’s electronic record of the
certificate of title is admissible in any civil, criminal or administrative
proceeding in this State as evidence of the existence and contents of the
certificate of title.
9. The Director may adopt such regulations
as are necessary to carry out the provisions of this section, including,
without limitation:
(a) The amount of the fee a service provider is
required to charge pursuant to subsection 4 and pay to a contractor for the establishment
and maintenance of the electronic lien system.
(b) The qualifications of service providers for
participation in the electronic lien system.
(c) The qualifications for a contractor to enter
into a contract with the Department to establish, implement and operate the
electronic lien system.
(d) Program specifications that a contractor must
adhere to in establishing, implementing and operating the electronic lien
system.
(e) Additional requirements for and restrictions
upon a contractor who will also serve as a service provider.
10. As used in this section:
(a) “Contractor” means a person who, pursuant to
this section, enters into a contract with the Department to establish,
implement and operate the electronic lien system.
(b) “Electronic lien system” means a system to
process the notification and release of security interests through electronic
batch file transfers that is established and implemented pursuant to this
section.
(c) “Service provider” means a person who,
pursuant to this section, provides lienholders with software to manage
electronic lien and title data.
(Added to NRS by 2013, 2825)
NRS 482.429 Fees.
1. For its services under this chapter, the
Department shall adopt regulations specifying the amount of the fees which the
Department will charge and collect:
(a) For each certificate of title issued for a
vehicle present or registered in this State.
(b) For each duplicate certificate of title
issued.
(c) For each certificate of title issued for a
vehicle not present in or registered in this State.
(d) For expedited processing of a certificate of
title issued pursuant to paragraph (a), (b) or (c).
(e) For expedited mailing of a certificate of
title issued pursuant to paragraph (a), (b) or (c), that does not include
prepaid postage.
(f) For the processing of each dealer’s or
rebuilder’s report of sale submitted to the Department.
(g) For the processing of each long-term lessor’s
report of lease submitted to the Department.
(h) 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.
2. Any fee paid pursuant to paragraphs (d)
and (e) of subsection 1 must be deposited with the State Treasurer for credit
to the Motor Vehicle Fund and allocated to the Department to defray the costs
of processing and mailing certificates of title.
(Added to NRS by 1967, 131; A 1979, 89; 1981, 664; 1985, 929; 1991, 1905; 2003, 2645; 2010, 26th
Special Session, 47; 2013, 2827)
NRS 482.431 Delivery of certificate of title following performance of terms
of contract or security agreement; complaint; investigation; administrative
fine; opportunity for hearing; deposit of fines.
1. Within 15 days after the terms of the
contract or security agreement have been fully performed, the seller or other
secured party who holds a certificate of title shall deliver the certificate of
title to the person or persons legally entitled thereto, with proper evidence
of the termination or release of the security interest.
2. Upon receipt of a written complaint
alleging a violation of subsection 1, the Department shall conduct an
investigation of the alleged violation.
3. If the Department determines that the
seller or other secured party has violated the provisions of subsection 1, the
Department shall impose an administrative fine of $25 for each day that the
seller or other secured party is in violation of the provisions of subsection
1. The Department shall afford to any person so fined an opportunity for a
hearing pursuant to the provisions of NRS
233B.121.
4. All administrative fines collected by
the Department pursuant to subsection 3 must be deposited with the State
Treasurer for credit to the State Highway Fund.
(Added to NRS by 1967, 131; A 1997, 199; 2003, 466; 2005, 701)
NRS 482.432 Applicable statutory provisions for perfection and release of
security interest. Compliance with
the applicable provisions of NRS 482.423 to 482.431, inclusive, is sufficient for the perfection and
release of a security interest in a vehicle and for exemption from the
requirement of filing of a financing statement under the provisions of NRS 104.9311. In all other respects the
rights and duties of the debtor and secured party are governed by the Uniform
Commercial Code—Secured Transactions and chapter
97 of NRS to the extent applicable.
(Added to NRS by 1967, 131; A 1973, 965; 1999, 392)
NRS 482.433 Inapplicability of certain provisions to security interests in
certain vehicles. NRS 482.423 to 482.432,
inclusive, do not apply to a security interest in:
1. Any vehicle which constitutes inventory
held for sale; or
2. Any vehicle not required to be
registered under this chapter.
Ê Security
interests in all such vehicles are governed by NRS 104.9101 to 104.9708, inclusive.
(Added to NRS by 1967, 131; A 1979, 1228; 1999, 393)
NRS 482.434 Effect of action or failure to act by Department or its officers
or employees. No right of action
exists in favor of any person by reason of any action or failure to act on the
part of the Department or any officer or employee thereof in carrying out the
provisions of NRS 482.423 to 482.429,
inclusive, or in giving or failing to give any information concerning the legal
ownership of a motor vehicle or the existence of a security interest therein.
(Added to NRS by 1967, 131)
NRS 482.436 Unlawful acts; penalty. Any
person is guilty of a gross misdemeanor who knowingly:
1. Makes or causes to be made any false
entry on any certificate of origin or certificate of title;
2. Furnishes or causes to be furnished
false information to the Department concerning any security interest; or
3. Fails to submit or causes to not be
submitted the certificate of title or certificate of ownership issued for a
used vehicle to the Department within the time prescribed in subsection 3 of NRS 482.424 or, if a leased vehicle, subsection 2 of NRS 482.4235.
(Added to NRS by 1967, 131; A 1979, 1026; 1999, 259; 2003, 466; 2007, 3220; 2013, 2526)
NRS 482.438 Obtaining duplicate certificate of title to use as security with
intent to defraud prohibited; penalties.
1. It is unlawful for a dealer or any
other person, with the intent to defraud, to obtain a duplicate certificate of
title for any vehicle in which the dealer or other person grants a security
interest to secure a present or future debt, obligation or liability of any
nature arising from a loan or other extension of credit made in connection with
the financing of the inventory of the vehicles of the dealer, or to engage in
any other similar practice commonly known as “flooring.”
2. A person who violates the provisions of
subsection 1 shall be punished in accordance with the provisions of NRS 205.380.
3. In addition to any penalty imposed
pursuant to subsection 2, the court shall order the person to pay restitution.
(Added to NRS by 1997, 1366; A 2003, 466)
IDENTIFICATION OF TRIMOBILES
NRS 482.441 Certificates of title and registration. The
Department may identify trimobiles as such on certificates of title and
registration.
(Added to NRS by 1979, 854; A 2003, 466)
SUSPENSION OF REGISTRATION
NRS 482.451 Suspension upon court order; return of license plates and
registration to Department; reinstatement; sale or transfer of motor vehicle.
1. The Department shall, upon receiving an
order from a court to suspend the registration of each motor vehicle that is
registered to or owned by a person pursuant to NRS 484C.520, suspend the registration
of each such motor vehicle for 5 days and require the return to the Department
of the license plates of each such motor vehicle.
2. If the registration of a motor vehicle
of a person is suspended pursuant to this section, the person shall immediately
return the certificate of registration and the license plates to the
Department.
3. The period of suspension of the
registration of a motor vehicle that is suspended pursuant to this section
begins on the effective date of the suspension as set forth in the notice
thereof.
4. The Department shall reinstate the
registration of a motor vehicle that was suspended pursuant to this section and
reissue the license plates of the motor vehicle only upon the payment of the
fee for reinstatement of registration prescribed in subsection 10 of NRS 482.480.
5. The suspension of the registration of a
motor vehicle pursuant to this section does not prevent the owner of the motor
vehicle from selling or otherwise transferring an interest in the motor
vehicle.
(Added to NRS by 1999, 2133)
NRS 482.456 Penalties related to operation of motor vehicle for which
registration is suspended or failure to return certificate of registration or
license plates; service of term of imprisonment; consecutive sentences.
1. A person who has had the registration
of a motor vehicle suspended pursuant to NRS 482.451
and who drives the motor vehicle for which the registration has been suspended
on a highway is guilty of a misdemeanor and shall be:
(a) Punished by imprisonment in the county jail
for not less than 30 days nor more than 6 months; or
(b) Sentenced to a term of not less than 60 days
nor more than 6 months in residential confinement, and by a fine of not less
than $500 and not more than $1,000.
Ê The provisions
of this subsection do not apply if the period of suspension has expired but the
person has not reinstated the registration.
2. A person who has had the registration
of a motor vehicle suspended pursuant to NRS 482.451
and who knowingly allows the motor vehicle for which the registration has been
suspended to be operated by another person upon a highway is guilty of a
misdemeanor.
3. A person who willfully fails to return
a certificate of registration or the license plates as required pursuant to NRS 482.451 is guilty of a misdemeanor.
4. A term of imprisonment imposed pursuant
to the provisions of this section may be served intermittently at the
discretion of the judge or justice of the peace, except that the full term of
imprisonment must be served within 6 months after the date of conviction, and
any segment of time the person is imprisoned must not consist of less than 24
hours. This discretion must be exercised after considering all the
circumstances surrounding the offense, and the family and employment of the
person convicted.
5. Jail sentences simultaneously imposed
pursuant to this section and NRS 484C.320,
484C.330, 484C.400, 484C.410 or 484C.420 must run consecutively.
(Added to NRS by 1999, 2133)
NRS 482.458 Suspension upon dishonored payment for registration; return of
certificate of registration and license plates to Department; notice;
reinstatement.
1. The Department may suspend the
registration of a motor vehicle and require the return to the Department of the
certificate of registration and the license plates of the motor vehicle if a
check, draft, electronic transfer of money or other method of payment provided
to the Department to register the motor vehicle is returned to the Department
or otherwise dishonored by the financial institution on which the check, draft
or electronic transfer of money is drawn.
2. If the registration of a motor vehicle
of a person is suspended pursuant to this section, the person shall immediately
return the certificate of registration and license plates to the Department.
3. The period of suspension of the registration
of a motor vehicle that is suspended pursuant to this section begins on the
effective date of the suspension as set forth in the notice thereof.
4. The Department shall mail to the
registered owner of the motor vehicle a notice of the suspension. The notice
must include:
(a) The effective date of the suspension;
(b) The reason for the suspension;
(c) The requirement for the return of the
certificate of registration and the license plates of the motor vehicle;
(d) The method by which the registration may be
reinstated; and
(e) Any other information the Department deems
necessary.
5. Except as otherwise provided in NRS 353C.125, the Department shall
reinstate the registration of a motor vehicle and issue license plates to the
registered owner of the motor vehicle only upon the payment of:
(a) Any registration and other fees or penalties
required pursuant to this chapter;
(b) Any governmental services tax required
pursuant to chapter 371 of NRS; and
(c) Any fees and penalties required pursuant to NRS 41.620, 371.140 or 481.079.
(Added to NRS by 2013, 88)
CANCELLATION OF REGISTRATION
NRS 482.460 Unsafe or improperly equipped vehicle.
1. The Department shall rescind and cancel
the registration of any vehicle which the Department determines is unsafe,
unfit to be operated or not equipped as required by law.
2. The Department shall rescind and cancel
the registration of any vehicle if the registered owner of the vehicle is
issued a citation or notice of violation for operating a motor vehicle in
violation of subsection 2 of NRS 484D.415,
unless the owner provides, within 30 days after the citation or notice is
issued, proof to the Department that the condition for which he or she was
issued the notice or citation has been corrected.
[Part 23:202:1931; A 1953, 280]—(NRS A 1995, 2353)
NRS 482.461 Failure of mandatory test of emissions from engines;
notification; cost of inspection.
1. If the test conducted pursuant to NRS 445B.798 indicates that a motor
vehicle which is registered in a county whose population is 100,000 or more
does not comply with the provisions of NRS
445B.700 to 445B.845, inclusive,
and the regulations adopted pursuant thereto, the Department shall mail to the
registered owner of the vehicle a notice that the vehicle has failed the test.
2. The notice must include:
(a) The information set forth in subsection 3;
(b) A written statement which contains the
results of the test conducted pursuant to NRS
445B.798; and
(c) Any other information the Department deems
necessary.
3. The Department shall rescind and cancel
the registration of any motor vehicle which fails the test conducted pursuant
to NRS 445B.798, unless within 30
days after the notice is mailed by the Department pursuant to subsection 2, the
registered owner of the vehicle:
(a) Has the vehicle inspected by an authorized
station or authorized inspection station to determine whether the vehicle
complies with the provisions of NRS
445B.700 to 445B.845, inclusive,
and the regulations adopted pursuant thereto; and
(b) Provides to the Department evidence of
compliance issued by the authorized station or authorized inspection station
certifying that the vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations
adopted pursuant thereto.
4. The registered owner of the vehicle
shall pay the cost of the inspection required pursuant to subsection 3.
5. 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.
(Added to NRS by 1995, 2352)
NRS 482.463 Surrender or proof of loss of certificate of registration and
license plates of vehicle with declared gross weight in excess of 26,000
pounds: Refund or credit for excise taxes. The
holder of an original registration for a motor vehicle with a declared gross
weight in excess of 26,000 pounds may, upon surrendering the certificate of
registration and the corresponding license plates to the Department or upon
signing a notarized statement indicating the certificate of registration and
the corresponding license plates were lost and providing such supporting
documentation as the Department requires, apply to the Department:
1. For a refund of an amount equal to that
portion of the governmental services taxes and registration fees paid for the
motor vehicle that is attributable, on a pro rata monthly basis, to the
remainder of the period of registration; or
2. To have that amount credited against
excise taxes due pursuant to the provisions of chapter
366 of NRS.
(Added to NRS by 1989, 1421; A 1997, 321; 2001, 335; 2007, 55)
NRS 482.465 Unlawful use of certificate of registration or license plates;
cancellation of certificate of title or registration and license plates
improperly issued or obtained; revocation of certificate of title or
registration and license plates for vehicle with declared gross weight in
excess of 26,000 pounds.
1. The Department shall rescind and cancel
the registration of a vehicle whenever the person to whom the certificate of
registration or license plates therefor have been issued makes or permits to be
made any unlawful use of the certificate or plates or permits the use thereof
by a person not entitled thereto.
2. The Department shall cancel a
certificate of title or certificate of registration and license plates which
have been issued erroneously or improperly, or obtained illegally.
3. In addition to any other penalty set
forth in this chapter and chapters 366 and 706 of NRS, the Department may revoke a
certificate of title or a certificate of registration and license plates for a
vehicle with a declared gross weight in excess of 26,000 pounds if the
Department determines that:
(a) The licensee of the vehicle has violated one
or more of the provisions of this chapter or chapter
366 or 706 of NRS; and
(b) There is reasonable cause for the revocation.
4. Before revoking a certificate of title
or a certificate of registration and license plates pursuant to subsection 3,
the Department must send a written notice by certified mail to the licensee at
his or her last known address ordering the licensee to appear before the
Department at a time not less than 10 days after the mailing of the notice to
show cause why the certificate of title or the certificate of registration and
license plates should not be revoked pursuant to this section.
5. Upon rescission, revocation or
cancellation of the certificate of title or of the certificate of registration
and license plates, the affected certificate or certificate and plates must be
returned to the Department upon receipt of notice of rescission, revocation or
cancellation.
[Part 23:202:1931; A 1953, 280]—(NRS A 1973, 202; 1997, 321; 2003, 466)
NRS 482.470 Disposition of certificates of registration and title and
license plates if vehicle dismantled, junked or rendered inoperative; issuance
of salvage title; destruction of returned plates.
1. Except as otherwise provided in NRS 487.105, if any vehicle is dismantled,
junked or rendered inoperative and unfit for further use in accordance with the
original purpose for which it was constructed, the owner shall deliver to the
Department any certificate of registration and certificate of title issued by
the Department or any other jurisdiction, unless the certificate of title is required
for the collection of any insurance or other indemnity for the loss of the
vehicle, or for transfer in order to dispose of the vehicle.
2. Except as otherwise provided in NRS 487.105, any other person taking
possession of a vehicle described in subsection 1 shall immediately deliver to
the Department any license plate or plates, certificate of registration or
certificate of title issued by the Department or any other jurisdiction, if the
person has acquired possession of any of these and unless the certificate of
title is required for a further transfer in the ultimate disposition of the
vehicle.
3. The Department may issue a salvage
title as provided in chapter 487 of NRS.
4. The Department shall destroy any plate
or plates that are returned in a manner described in subsections 1 and 2.
[Part 23:202:1931; A 1953, 280]—(NRS A 1967, 592;
1973, 363; 1987,
1593; 1991,
1905; 1995,
336; 1999,
1920; 2003,
467, 1907;
2011, 1658)
NRS 482.475 Vehicle used for short-term leasing. The
Department shall cancel the registration of any motor vehicle used for
short-term leasing whenever the Department ascertains that the short-term
lessor has failed to comply with the requirements of NRS
482.295.
[Part 6:202:1931; A 1941, 51; 1949, 511; 1953,
52]—(NRS A 1967, 707; 1973, 772)
NRS 482.478 No refund of registration fees or governmental services taxes
upon rescission or cancellation of registration or surrender of license plates;
exception. Except as otherwise
provided in NRS 482.463, upon the rescission or
cancellation of the registration of any vehicle pursuant to NRS 482.460 to 482.475,
inclusive, or the surrender of the corresponding license plates, no refund of
the registration fees or governmental services taxes paid for the vehicle may
be allowed by the Department.
(Added to NRS by 1993, 1386; A 1995, 2353; 2001, 336)
FEES
NRS 482.480 Fees for registration; exceptions; account for verification of
insurance. [Effective until the earlier of October 1, 2015, or the date on
which the Director of the Department of Motor Vehicles notifies the Governor
and the Director of the Legislative Counsel Bureau that sufficient resources
are available to enable the Department to carry out the provisions of chapter
472, Statutes of Nevada 2013, at page 2812.] There
must be paid to the Department for the registration or the transfer or
reinstatement of the registration of motor vehicles, trailers and semitrailers,
fees according to the following schedule:
1. Except as otherwise provided in this
section, for each stock passenger car and each reconstructed or specially
constructed passenger car registered to a person, regardless of weight or
number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in
subsection 3:
(a) For each of the fifth and sixth such cars
registered to a person, a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars
registered to a person, a fee for registration of $12.
(c) For each of the ninth or more such cars
registered to a person, a fee for registration of $8.
3. The fees specified in subsection 2 do
not apply:
(a) Unless the person registering the cars
presents to the Department at the time of registration the registrations of all
the cars registered to the person.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for
registration of $33 and for each motorcycle other than a trimobile, an
additional fee of $6 for motorcycle safety. The additional fee must be
deposited in the State General Fund for credit to the Account for the Program
for the Education of Motorcycle Riders created by NRS 486.372.
5. For each transfer of registration, a
fee of $6 in addition to any other fees.
6. Except as otherwise provided in
subsection 6 of NRS 485.317, to
reinstate the registration of a motor vehicle that is suspended pursuant to
that section:
(a) A fee as specified in NRS
482.557 for a registered owner who failed to have insurance on the date
specified by the Department, which fee is in addition to any fine or penalty
imposed pursuant to NRS 482.557; or
(b) A fee of $50 for a registered owner of a
dormant vehicle who cancelled the insurance coverage for that vehicle or
allowed the insurance coverage for that vehicle to expire without first
cancelling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
Ê both of
which must be deposited in the Account for Verification of Insurance which is
hereby created in the State Highway Fund. The money in the Account must be used
to carry out the provisions of NRS 485.313
to 485.318, inclusive.
7. For every travel trailer, a fee for
registration of $27.
8. For every permit for the operation of a
golf cart, an annual fee of $10.
9. For every low-speed vehicle, as that
term is defined in NRS 484B.637, a
fee for registration of $33.
10. To reinstate the registration of a
motor vehicle that is suspended pursuant to NRS 482.451
or 482.458, a fee of $33.
[Part 25:202:1931; A 1931, 339; 1933, 249; 1935, 375;
1937, 76, 330; 1947, 613; 1955, 127, 350]—(NRS A 1959, 915, 918; 1963, 350,
689; 1965, 315; 1969, 689, 1280; 1971, 78, 1555; 1973, 402; 1975, 335, 467,
1089, 1121, 1122; 1979,
112, 792;
1981, 664, 1058, 1736, 1737; 1983, 1132; 1985, 1558, 1837; 1987, 611, 925, 1793; 1989, 705, 1423, 1741, 1742; 1991, 1064, 1777, 1906, 1991, 2330; 1993, 270, 583, 1321, 1392, 2213, 2214, 2481; 1995, 685, 686, 2732; 1997, 1082, 2646, 2647; 1999, 2134, 2144, 2570, 2571; 2001, 189, 192, 668; 2001
Special Session, 251; 2009, 2205;
2011, 1590;
2013, 88,
1840, 2758)
NRS 482.480 Fees for registration;
exceptions; account for verification of insurance. [Effective on the earlier of
October 1, 2015, or the date on which the Director of the Department of Motor
Vehicles notifies the Governor and the Director of the Legislative Counsel
Bureau that sufficient resources are available to enable the Department to
carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.] There must be paid to the
Department for the registration or the transfer or reinstatement of the
registration of motor vehicles, trailers and semitrailers, fees according to
the following schedule:
1. Except as otherwise provided in this
section, for each stock passenger car and each reconstructed or specially
constructed passenger car registered to a person, regardless of weight or
number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in
subsection 3:
(a) For each of the fifth and sixth such cars
registered to a person, a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars
registered to a person, a fee for registration of $12.
(c) For each of the ninth or more such cars
registered to a person, a fee for registration of $8.
3. The fees specified in subsection 2 do
not apply:
(a) Unless the person registering the cars
presents to the Department at the time of registration the registrations of all
the cars registered to the person.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for
registration of $33 and for each motorcycle other than a trimobile, an
additional fee of $6 for motorcycle safety. The additional fee must be
deposited in the State General Fund for credit to the Account for the Program
for the Education of Motorcycle Riders created by NRS 486.372.
5. For each transfer of registration, a
fee of $6 in addition to any other fees.
6. Except as otherwise provided in
subsection 6 of NRS 485.317, to
reinstate the registration of a motor vehicle that is suspended pursuant to
that section:
(a) A fee as specified in NRS
482.557 for a registered owner who failed to have insurance on the date
specified by the Department, which fee is in addition to any fine or penalty
imposed pursuant to NRS 482.557; or
(b) A fee of $50 for a registered owner of a
dormant vehicle who cancelled the insurance coverage for that vehicle or
allowed the insurance coverage for that vehicle to expire without first
cancelling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
Ê both of
which must be deposited in the Account for Verification of Insurance which is
hereby created in the State Highway Fund. The money in the Account must be used
to carry out the provisions of NRS 485.313
to 485.318, inclusive.
7. For every travel trailer, a fee for
registration of $27.
8. For every permit for the operation of a
golf cart, an annual fee of $10.
9. For every low-speed vehicle, as that
term is defined in NRS 484B.637, a
fee for registration of $33.
10. To reinstate the registration of a
motor vehicle that is suspended pursuant to NRS 482.451
or 482.458, a fee of $33.
11. For each vehicle for which the
registered owner has indicated his or her intention to opt in to making a
contribution pursuant to paragraph (h) of subsection 3 of NRS 482.215 or subsection 4 of NRS
482.280, a contribution of $2. The contribution must be distributed to the
appropriate county pursuant to NRS 482.1825.
[Part 25:202:1931; A 1931, 339; 1933, 249; 1935, 375;
1937, 76, 330; 1947, 613; 1955, 127, 350]—(NRS A 1959, 915, 918; 1963, 350,
689; 1965, 315; 1969, 689, 1280; 1971, 78, 1555; 1973, 402; 1975, 335, 467,
1089, 1121, 1122; 1979,
112, 792;
1981, 664, 1058, 1736, 1737; 1983, 1132; 1985, 1558, 1837; 1987, 611, 925, 1793; 1989, 705, 1423, 1741, 1742; 1991, 1064, 1777, 1906, 1991, 2330; 1993, 270, 583, 1321, 1392, 2213, 2214, 2481; 1995, 685, 686, 2732; 1997, 1082, 2646, 2647; 1999, 2134, 2144, 2570, 2571; 2001, 189, 192, 668; 2001
Special Session, 251; 2009, 2205;
2011, 1590;
2013, 2816,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 482.4805 Transfer of money from Account for Verification of Insurance to
State Highway Fund. On June 30 of
each year, the State Controller shall transfer from the Account for
Verification of Insurance created pursuant to NRS
482.480 to the State Highway Fund any amount in the account which exceeds
$500,000.
(Added to NRS by 1993, 2213; A 2001, 2826)
NRS 482.481 Proration of fee for registration of certain vehicles. The registration fees for a motortruck,
truck-tractor, bus or combination of vehicles having a declared gross weight of
10,001 pounds or more which is registered on the basis of a calendar year must
be reduced by one-twelfth for each calendar month which has elapsed from the
beginning of the year and rounded to the nearest dollar.
(Added to NRS by 1985, 1835; A 1989, 1423)
NRS 482.482 Additional fees for registration of motortruck, truck-tractor or
bus; payment by installment for fleets authorized; penalty for failure to pay
fee or tax; registration of vehicle after conviction or plea for operating
vehicle which exceeded its declared gross weight.
1. In addition to any other applicable fee
listed in NRS 482.480, there must be paid to the
Department for the registration of every motortruck, truck-tractor or bus which
has a declared gross weight of:
(a) Less than 6,000 pounds, a fee of $33.
(b) Not less than 6,000 pounds and not more than
8,499 pounds, a fee of $38.
(c) Not less than 8,500 pounds and not more than
10,000 pounds, a fee of $48.
(d) Not less than 10,001 pounds and not more than
26,000 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.
(e) Not less than 26,001 pounds and not more than
80,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof. The
maximum fee is $1,360.
2. Except as otherwise provided in
subsection 6, the original or renewal registration fees for fleets 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 may be paid in
installments, the amount of which must be determined by regulation. The
Department shall not allow installment payments for a vehicle added to a fleet
after the original or renewal registration is issued.
3. If the due date of any installment
falls on a Saturday, Sunday or legal holiday, that installment is not due until
the next following business day.
4. Any payment required by subsection 2
shall be deemed received by the Department on the date shown by the post office
cancellation mark stamped on an envelope containing payment properly addressed
to the Department, if that date is earlier than the actual receipt of that
payment.
5. A person who fails to pay any fee
pursuant to subsection 2 or governmental services tax when due shall pay to the
Department a penalty of 10 percent of the amount of the unpaid fee, plus
interest on the unpaid fee at the rate of 1 percent per month or fraction of a
month from the date the fee and tax were due until the date of payment.
6. If a person fails to pay any fee
pursuant to subsection 2 or governmental services tax when due, the Department
may, in addition to the penalty provided for in subsection 5, require that
person to pay:
(a) The entire amount of the unpaid registration
fee and governmental services tax owed by that person for the remainder of the
period of registration; and
(b) On an annual basis, any registration fee and
governmental services tax set forth in subsection 2 which may be incurred by
that person in any subsequent period of registration.
7. A person who is convicted of, or who
pleads guilty, guilty but mentally ill or nolo contendere to, a violation of NRS 484D.630 must reregister the vehicle
with a declared gross weight equal to:
(a) The gross vehicle weight rating; or
(b) The combined gross vehicle weight rating, if
the vehicle was operated in combination at the time of the violation.
Ê The
registration fee owed pursuant to this subsection is incurred from the date the
person was convicted of, or pled guilty, guilty but mentally ill or nolo
contendere to, a violation of NRS
484D.630.
(Added to NRS by 1985, 1836; A 1987, 145, 612, 1794; 1989, 1423; 1991, 1906; 1995, 344; 1997, 322; 2001, 336; 2007, 55; 2009, 466)
NRS 482.483 Additional fees for registration of trailer or semitrailer. In addition to any other applicable fee listed
in NRS 482.480, there must be paid to the
Department:
1. Except as otherwise provided in
subsection 3, for every trailer or semitrailer having an unladen weight of
1,000 pounds or less, a flat registration fee of $12.
2. Except as otherwise provided in
subsection 3, for every trailer having an unladen weight of more than 1,000
pounds, a flat registration fee of $24.
3. For any full trailer or semitrailer,
other than a recreational vehicle or travel trailer, for a nontransferable
registration that does not expire until the owner transfers the ownership of
the full trailer or semitrailer, a flat nonrefundable registration fee of $24.
If, pursuant to NRS 482.399, the owner of a full trailer
or semitrailer that is registered pursuant to this section cancels the
registration and surrenders the license plates to the Department, no portion of
the flat registration fee will be refunded to the owner.
(Added to NRS by 1985, 1836; A 1991, 1907; 2013, 2863)
NRS 482.485 Weighing of motor vehicles by public weighmasters; alternative
for farm vehicles.
1. The provisions of chapter 582 of NRS (Public Weighmasters) are
hereby made applicable to this chapter.
2. Except as otherwise provided in
subsection 6, all motor vehicles required to be weighed under the provisions of
this chapter must be weighed by a public weighmaster under such rules and
regulations as may be deemed advisable by the Director and the State Sealer of
Consumer Equitability, and according to the provisions of chapter 582 of NRS.
3. The Department for registration
purposes only may collect a fee, not to exceed $1, for each vehicle weighed by
the Department.
4. From time to time, upon request of the
Director, the State Sealer of Consumer Equitability shall appoint additional
public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to
effectuate the purposes of this chapter.
5. Public weighmasters’ certificates
issued in states other than Nevada, when such certificates bear the seal of
such weighmaster, may be accepted by the Director as evidence of the weight of
the motor vehicle for which a license is applied.
6. In lieu of weighing a farm vehicle
pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:
(a) Weigh the farm vehicle on a scale which has
been certified by the State Sealer of Consumer Equitability; and
(b) Use a printout from that scale setting forth
the declared gross weight of the farm vehicle as proof of the declared gross
weight of the farm vehicle for purposes of this chapter.
[Part 25:202:1931; A 1931, 339; 1933, 249; 1935, 375;
1937, 76, 330; 1947, 613; 1955, 127, 350]—(NRS A 1961, 132; 1973, 443; 2009, 169; 2013, 2472)
NRS 482.490 Manufacturer’s, distributor’s, dealer’s or rebuilder’s license
plate. Each person who applies for
a manufacturer’s, distributor’s, dealer’s or rebuilder’s license plate, or pair
of plates shall pay at the time of application a fee according to the following
schedule:
For each plate or pair of plates for a motor vehicle,
including a motorcycle $12
For plates for a trailer or semitrailer....................................................................... 12
This fee is in lieu of any other fee specified in this
chapter except the fees imposed by NRS 482.268.
[26:202:1931; A 1953, 280; 1955, 468]—(NRS A 1960,
132; 1961, 169; 1971, 1308; 1973, 130; 1981, 665; 1983, 1006; 1987, 1022; 2013, 2528)
NRS 482.500 Fees for duplicate or substitute certificates of registration,
decals and number plates; fees for replacement plates or sets of plates issued
for special license plates; fees for souvenir and sample license plates;
exceptions.
1. Except as otherwise provided in
subsection 2 or 3, whenever upon application any duplicate or substitute
certificate of registration, indicator, decal or number plate is issued, the
following fees must be paid:
For a certificate of registration.......................................................................... $5.00
For every substitute number plate or
set of plates........................................... 5.00
For every duplicate number plate or
set of plates......................................... 10.00
For every decal displaying a county
name....................................................... .50
For every other indicator, decal,
license plate sticker or tab.......................... 5.00
2. The following fees must be paid for any
replacement plate or set of plates issued for the following special license
plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.367002,
482.3672, 482.3675, 482.370 to 482.376,
inclusive, or 482.379 to 482.3818,
inclusive, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee
of $5.
(c) Except as otherwise provided in paragraph (a)
of subsection 1 of NRS 482.3824, for any souvenir
license plate issued pursuant to NRS 482.3825 or
sample license plate issued pursuant to NRS 482.2703,
a fee equal to that established by the Director for the issuance of those
plates.
3. A fee must not be charged for a
duplicate or substitute of a decal issued pursuant to NRS
482.37635.
4. The fees which are paid for duplicate
number plates and decals displaying county names must be deposited with the
State Treasurer for credit to the Motor Vehicle Fund and allocated to the
Department to defray the costs of duplicating the plates and manufacturing the
decals.
[Part 27:202:1931; A 1953, 280]—(NRS A 1961, 169;
1971, 1556; 1975, 132; 1977, 359; 1981, 665, 1552; 1983, 813, 1230; 1985, 30, 929; 1989, 1616; 1991, 194, 2321; 1993, 616; 1995, 341, 789; 1997, 175, 1361, 1550, 2824, 3003, 3054; 1999, 158, 1167, 1173; 2001, 74, 75, 579, 586, 1467, 1512, 1676, 1678, 1860; 2003, 89, 91, 92, 361, 380, 500, 3069, 3348; 2007, 579; 2013, 2559,
3195)
NRS 482.503 Exemptions from fees for registration. The
registration fee imposed by this chapter does not apply to vehicles owned by
the United States, the State of Nevada, any political subdivision of the State
of Nevada, or any county, municipal corporation, city, unincorporated town or
school district in the State of Nevada.
(Added to NRS by 1965, 316)
NRS 482.515 Delinquent fees; penalties.
1. Whenever a person operates any vehicle
upon the public highways of this State without having paid therefor the
registration or transfer fee required by this chapter, the required fee shall
be deemed delinquent.
2. Except as otherwise provided in NRS 482.209, if the fee for registration is not paid
by the end of the last working day of the preceding period of registration, a
penalty of $6 must be added for each period of 30 calendar days or fraction
thereof during which the delinquency continues, unless the vehicle has not been
operated on the highways since the expiration of the prior registration or has
not been operated on the highways since the expiration of the temporary placard
issued by a vehicle dealer or rebuilder in this State. Evidence of nonoperation
of a vehicle must be furnished by an affidavit executed by a person having
knowledge of the fact. The affidavit must accompany the application for renewal
of registration.
3. If the transferee of a vehicle,
required to be registered under the provisions of NRS
482.205, has not registered the vehicle within 10 days after the transfer,
a penalty of $6 must be added to the fee for registration. The provisions of
this section do not apply to vehicles which come within the provisions of NRS 706.801 to 706.861, inclusive.
4. In addition to the penalties prescribed
in subsections 2 and 3, the Department and its agents shall collect the fees
for license plates and registration for each period of 30 calendar days, or
portion thereof in excess of 15 days, during which the delinquency has
continued or for which the vehicle has not been registered pursuant to NRS 482.205.
[28:202:1931; A 1955, 350]—(NRS A 1960, 132; 1961,
173; 1971, 723, 1556; 1973, 83; 1981, 666; 1985, 684; 1987, 1148; 2007, 324; 2011, 296)
REPOSSESSION OF VEHICLES AND CONSTRUCTION EQUIPMENT
NRS 482.516 Sale or lease of repossessed vehicle: Persons liable on security
agreement to be given written notice of intent in advance; required manner of
provision and contents of notice; rights of persons liable on security
agreement.
1. Any provision in any security agreement
for the sale or lease of a vehicle to the contrary notwithstanding, at least 10
days’ written notice of intent to sell or again lease a repossessed vehicle
must be given to all persons liable on the security agreement. The notice must
be given in person or sent by mail directed to the address of the persons shown
on the security agreement, unless such persons have notified the holder in
writing of a different address.
2. The notice:
(a) Must set forth that there is a right to
redeem the vehicle and the total amount required as of the date of the notice
to redeem;
(b) May inform such persons of their privilege of
reinstatement of the security agreement, if the holder extends such a
privilege;
(c) Must give notice of the holder’s intent to
resell or again lease the vehicle at the expiration of 10 days from the date of
giving or mailing the notice;
(d) Must disclose the place at which the vehicle
will be returned to the buyer or lessee upon redemption or reinstatement; and
(e) Must designate the name and address of the
person to whom payment must be made.
3. During the period provided under the
notice, the person or persons liable on the security agreement may pay in full
the indebtedness evidenced by the security agreement. Such persons are liable
for any deficiency after sale or lease of the repossessed vehicle only if the
notice prescribed by this section is given within 60 days after repossession
and includes an itemization of the balance and of any costs or fees for
delinquency, collection or repossession. In addition, the notice must either
set forth the computation or estimate of the amount of any credit for unearned
finance charges or cancelled insurance as of the date of the notice or state
that such a credit may be available against the amount due.
(Added to NRS by 1967, 1281; A 1987, 2073; 2007, 3220)
NRS 482.5161 Sale of repossessed construction equipment.
1. All the provisions of NRS 482.516 apply equally to the repossession of any
article of construction equipment pursuant to the security agreement.
2. As used in this section, “construction
equipment” includes without limitation all earth-moving, erecting, excavating
and rigging machinery, whether self-propelled or towed, and any auxiliary
vehicle used for towing or transporting such machinery.
(Added to NRS by 1967, 1282)
NRS 482.5163 Sale of repossessed vehicle in commercially reasonable manner;
application of proceeds; injunctive relief; damages.
1. Every repossessed vehicle shall be sold
in a commercially reasonable manner. The fact that a better price could have
been obtained by a sale at a different time or in a different method from that
selected by the secured party is not of itself sufficient to establish that the
sale was not made in a commercially reasonable manner. If the secured party
either sells the vehicle in the usual manner in any recognized market for such a
vehicle or if the secured party sells at the price current in such market at
the time of his or her sale or has otherwise sold in conformity with reasonable
commercial practices among dealers in the type of vehicle sold the secured
party has sold in a commercially reasonable manner. A disposition which has
been approved in any judicial proceeding shall conclusively be deemed to be
commercially reasonable, but this sentence does not indicate that any such
approval must be obtained in any case nor does it indicate that any disposition
not so approved is not commercially reasonable.
2. The proceeds of disposition shall be
applied in the order following to:
(a) The reasonable expenses of retaking, holding,
preparing for sale and selling, and, to the extent provided for in the
agreement, the reasonable attorneys’ fees and legal expenses incurred by the
secured party.
(b) The satisfaction of indebtedness secured by
the security interest under which the disposition is made.
(c) The satisfaction of indebtedness secured by
any subordinate security interest in the collateral if written notification of
demand therefor is received before distribution of the proceeds is completed.
If requested by the secured party, the holder of a subordinate security
interest must seasonably furnish reasonable proof of his or her interest, and
unless he or she does so, the secured party need not comply with the demand.
(d) The payment of any surplus to the debtor.
3. If it is established that the secured
party is not proceeding in accordance with the provisions of this section and NRS 482.516 disposition may be ordered or restrained
on appropriate terms and conditions. If the disposition has occurred, the
debtor or any person entitled to notification or whose security interest has
been made known to the secured party prior to the disposition has a right to
recover from the secured party any loss caused by failure to comply with the
provisions of this section. If the disposition was not commercially reasonable,
as specified in subsection 1, the debtor has a right to recover double the
debtor’s actual damages.
(Added to NRS by 1975, 1813)
NRS 482.518 Reports of repossession to peace officer and Department. Any person, firm or corporation who repossesses
a vehicle without the knowledge of the registered owner thereof shall
immediately report such repossession by oral communication to the police of the
city or to the sheriff’s office of the county where such repossession is made.
The officer to whom the repossession report is made shall forward a copy of
such report to the Department.
(Added to NRS by 1965, 664)
SPECIAL ANTITHEFT LAWS
NRS 482.520 Action by Department on reports of stolen, embezzled and
recovered vehicles. Whenever the
owner of any motor vehicle, trailer or semitrailer which is stolen or embezzled
files an affidavit alleging such fact with the Department, it shall immediately
suspend the registration of and refuse to reregister such vehicle until such
time as it is notified that the owner has recovered the vehicle, but notices
given as herein provided shall be effective only during the current
registration period in which given. If during such period the vehicle is not
recovered a new affidavit may be filed with like effect during the ensuing
period. Every owner who has filed an affidavit of theft or embezzlement must
immediately notify the Department of the recovery of such vehicle.
[5:202:1931; 1931 NCL § 4435.04] + [19:202:1931; 1931
NCL § 4435.18]—(NRS A 1965, 1009; 1973, 213; 2013, 2863)
NRS 482.540 Authority of police officer, without warrant, to seize and take
possession of certain vehicles; inspection and written report concerning
certain falsely attached, removed, defaced, altered or obliterated numbers and
marks; authority of court to declare vehicle forfeited under certain
circumstances; charging of criminal act must not precede completion of report.
1. Any police officer, without a warrant,
may seize and take possession of any vehicle:
(a) Which is being operated with improper
registration;
(b) Which the police officer has probable cause
to believe has been stolen;
(c) Which the police officer has probable cause
to believe has been illegally altered in a manner that impairs the structural
integrity of the vehicle;
(d) On which any motor number, manufacturer’s
number or identification mark has been falsely attached, removed, defaced,
altered or obliterated; or
(e) Which contains a part on which was placed or
stamped by the manufacturer pursuant to federal law or regulation an
identification number or other distinguishing number or mark that has been
falsely attached, removed, defaced, altered or obliterated.
2. A law enforcement agency or an employee
of the Department whose primary responsibility is to conduct investigations
involving the theft of motor vehicles shall inspect any vehicle seized pursuant
to paragraph (d) or (e) of subsection 1 to determine whether the number or mark
in question on the vehicle or part from the vehicle has been falsely attached,
removed, defaced, altered or obliterated and whether any person has presented
satisfactory evidence of ownership of the vehicle. The agency or employee shall
prepare a written report which sets forth the results of the inspection within
30 days after the vehicle is seized.
3. If the results of the report conclude
that the number or mark in question has been falsely attached, removed,
defaced, altered or obliterated and that there is no satisfactory evidence of
ownership, the court shall declare the vehicle forfeited and proceed in the
manner set forth in NRS 482.542.
4. A person must not be charged with any
criminal act which caused a motor vehicle to be seized pursuant to paragraph
(d) or (e) of subsection 1 until the report is completed pursuant to subsection
2.
5. As used in this section, “police
officer” means:
(a) Any peace officer of the Department;
(b) Sheriffs of counties and officers of metropolitan
police departments and their deputies; and
(c) Marshals and police officers of cities and
towns.
[21 3/4:166:1925; added 1953, 391]—(NRS A 1975, 1199;
1983, 1242;
1985, 653; 1995, 1046; 1997, 780; 2007, 2362; 2011, 1616)
NRS 482.542 Disposition of seized vehicle.
1. Any vehicle seized pursuant to NRS 482.540 may be removed by a law enforcement agency
or the Department to:
(a) A place designated for the storage of seized
property.
(b) An appropriate place for disposal if that
disposal is specifically authorized by statute.
2. If disposal of a vehicle seized
pursuant to NRS 482.540 is not specifically
authorized by statute, a law enforcement agency or the Department may file a
civil action for forfeiture of the vehicle:
(a) Pursuant to paragraph (c) of subsection 1 of NRS 4.370 in the justice court of the
township where the vehicle which is the subject of the action was seized if the
fair market value of the vehicle and the cost of towing and storing the vehicle
does not exceed $10,000; or
(b) In the district court for the county where
the vehicle which is the subject of the action was seized if the fair market
value of the vehicle and the cost of towing and storing the vehicle equals or
exceeds $10,000.
3. Upon the filing of a civil action
pursuant to subsection 2, the court shall schedule a date for a hearing. The
hearing must be held not later than 7 business days after the action is filed.
The court shall affix the date of the hearing on a form for that purpose and
order a copy served by the sheriff, constable or other process server upon each
claimant whose identity is known to the law enforcement agency or Department or
who can be identified through the exercise of due diligence.
4. The court shall:
(a) Order the release of the vehicle to the owner
or to another person who the court determines is entitled to the vehicle if the
court finds that:
(1) A motor number, manufacturer’s number
or identification mark which was placed on the vehicle has not been falsely
attached, removed, defaced, altered or obliterated; and
(2) The vehicle has not been illegally
altered in a manner that impairs the structural integrity of the vehicle; or
(b) Order the vehicle destroyed or otherwise
disposed of as determined by the court, if the court finds that:
(1) There is no satisfactory evidence of
ownership;
(2) A motor number, manufacturer’s number
or identification mark which was placed on the vehicle has been falsely
attached, removed, defaced, altered or obliterated; or
(3) The vehicle has been illegally altered
in a manner that impairs the structural integrity of the vehicle.
5. If a court declares that a vehicle
seized pursuant to NRS 482.540 is forfeited, a law
enforcement agency or the Department may:
(a) Retain it for official use;
(b) Sell it; or
(c) Remove it for disposal.
6. As used in this section, “claimant”
means any person who claims to have:
(a) Any right, title or interest of record in the
property or proceeds subject to forfeiture;
(b) Any community property interest in the
property or proceeds; or
(c) Had possession of the property or proceeds at
the time of the seizure thereof by a law enforcement agency or the Department.
(Added to NRS by 1987, 1143; A 2011, 1617)
OFFENSES CONCERNING DELIVERY, DISPLAY, OPERATION,
POSSESSION, REGISTRATION OR SALE OF CERTAIN VEHICLES; IDENTIFICATION NUMBERS
AND MARKS; DECEPTIVE TRADE PRACTICES
NRS 482.543 Definitions. As
used in NRS 482.543 to 482.554,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 482.5432 to 482.5445,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 2361)
NRS 482.5432 “Automobile wrecker” defined. “Automobile
wrecker” means a person who obtains a license pursuant to NRS 487.050 to dismantle, scrap, process
or wreck a vehicle.
(Added to NRS by 2007, 2361)
NRS 482.5434 “Body shop” defined. “Body
shop” has the meaning ascribed to it in NRS
487.532.
(Added to NRS by 2007, 2361; A 2009, 2698)
NRS 482.5436 “Garage operator” defined. “Garage
operator” has the meaning ascribed to it in NRS
487.545.
(Added to NRS by 2007, 2361)
NRS 482.544 “Identification number or mark” defined. “Identification number or mark” means:
1. The motor number, other distinguishing
number or identification mark of a vehicle required or employed for purposes of
registration; or
2. The identification number or other
distinguishing number or identification mark of a vehicle or part of a motor
vehicle that was placed or stamped on that vehicle or part by the manufacturer
pursuant to federal law or regulations.
(Added to NRS by 1999, 2056; A 2007, 2363)
NRS 482.5445 “Salvage pool” defined. “Salvage
pool” has the meaning ascribed to it in subsection 2 of NRS 487.400.
(Added to NRS by 2007, 2361)
NRS 482.545 Certain unlawful acts. It
is unlawful for any person to commit any of the following acts:
1. To operate, or for the owner thereof
knowingly to permit the operation of, upon a highway any motor vehicle, trailer
or semitrailer which is not registered or which does not have attached thereto
and displayed thereon the number of plate or plates assigned thereto by the
Department for the current period of registration or calendar year, subject to
the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320
to 482.363, inclusive, 482.385
to 482.3965, inclusive, and 482.420.
2. To display, cause or permit to be
displayed or to have in possession any certificate of registration, license
plate, certificate of title, temporary placard, movement permit or other
document of title knowing it to be fictitious or to have been cancelled,
revoked, suspended or altered.
3. To lend to, or knowingly permit the use
of by, one not entitled thereto any registration card, plate, temporary placard
or movement permit issued to the person so lending or permitting the use
thereof.
4. To fail or to refuse to surrender to
the Department, upon demand, any registration card or plate which has been
suspended, cancelled or revoked as provided in this chapter.
5. To use a false or fictitious name or
address in any application for the registration of any vehicle or for any
renewal or duplicate thereof, or knowingly to make a false statement or
knowingly to conceal a material fact or otherwise commit a fraud in an
application. A violation of this subsection is a gross misdemeanor.
6. Knowingly to operate a vehicle which:
(a) Has an identification number or mark which
has been falsely attached, removed, defaced, altered or obliterated; or
(b) Contains a part which has an identification
number or mark which has been falsely attached, removed, defaced, altered or
obliterated.
[24:202:1931; 1931 NCL § 4435.23]—(NRS A 1969, 688;
1975, 55, 281, 1090; 1985, 301, 898; 1987, 2080; 1989, 173; 1993, 156; 1995, 1046; 1999, 2057; 2003, 467; 2007, 2363, 3221)
NRS 482.547 Unlawful sale, offer of sale or display for sale of motor
vehicle; penalty.
1. It is unlawful for a person to sell,
offer to sell or display for sale any vehicle unless the person is:
(a) The lienholder, owner or registered owner of
the vehicle;
(b) A repossessor of the vehicle, or holder of a
statutory lien on the vehicle, selling the vehicle on a bid basis; or
(c) A manufacturer, distributor, rebuilder,
lessor or dealer licensed under the provisions of this chapter.
2. The provisions of this section do not
apply to any executor, administrator, sheriff or other person who sells a
vehicle pursuant to powers or duties granted or imposed by law.
3. A person who violates any of the
provisions of this section shall be punished:
(a) If the value of the vehicle sold, offered or
displayed is $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other
penalty, the court shall order the person to pay restitution.
(b) If the value of the vehicle is less than
$650, for a misdemeanor.
(Added to NRS by 1971, 1302; A 1975, 1074; 1983, 1007; 1987, 160; 1989, 1441; 1995, 1297; 2011, 176)
NRS 482.548 Unlawful display of vehicle for sale or lease.
1. Except as otherwise provided in
subsection 2, it is unlawful for any person to display for the purpose of sale
or lease any vehicle upon any vacant lot or unimproved portion of a public
right-of-way.
2. A registered owner may display for the
purpose of sale or lease his or her vehicle upon a vacant lot if:
(a) The activity is authorized by the applicable
zoning regulations; and
(b) The displayer is the owner of the lot or has
received the written consent of the owner and the evidence of the written
consent:
(1) Is posted on the vehicle in a manner
easily seen and read. If the vehicle has a windshield, the consent must be
posted inside the windshield, facing outward.
(2) Is signed by the owner of the vacant
lot.
(3) Contains the name and address of the
owner of the vacant lot.
(4) Contains the name and address of the
person who owns the vehicle.
(5) States the period for which the
display is authorized.
3. Any person who violates the provisions
of this section is guilty of a misdemeanor.
4. This section does not prohibit any
dealer of vehicles licensed pursuant to this chapter from displaying for sale
or lease vehicles in the ordinary course of business.
(Added to NRS by 1987, 437)
NRS 482.550 Unlawful sale or delivery of used vehicle within State if vehicle
not registered in this State; disposition of plates; penalty.
1. It is unlawful to sell or deliver any
used automobile or other vehicle, within the State of Nevada, when such vehicle
is not registered in the State of Nevada and has displayed on it a vehicle
license plate or plates issued by another state or nation. The actual cost of
registering the vehicle in Nevada shall be paid by the purchaser of the
vehicle.
2. Every person, firm, association or
corporation selling any used vehicle which has displayed on it a vehicle
license plate or plates issued by any state or nation, before selling such
vehicle or delivering it after sale, shall remove from such vehicle any such
license plate or plates, and turn in such plate or plates to the Department or
an authorized agent of the Department.
3. Any person violating any provision of
this section is guilty of a misdemeanor.
[1:211:1953] + [2:211:1953] + [3:211:1953]—(NRS A
1957, 508; 1973, 499)
NRS 482.5505 Unlawful taking of possession of motor vehicle or part thereof
with knowledge that identification number or mark has been falsely attached,
removed, defaced, altered or obliterated; exception; penalty. A vehicle dealer, employee of a vehicle
dealer, garage operator, employee of a garage operator, owner or employee of an
automobile wrecker, or operator of a salvage pool or body shop who takes
possession of a motor vehicle or part from a motor vehicle knowing that an
identification number or mark has been falsely attached, removed, defaced,
altered or obliterated, unless the motor vehicle or part has an identification
number attached to it which has been assigned or approved by the Department in
lieu of the original identification number or mark, is guilty of a category D
felony and shall be punished as provided in NRS
193.130.
(Added to NRS by 2007, 2361)
NRS 482.551 Unlawful purchase, disposal, sale or transfer of motor vehicle
or parts with falsely attached, removed, defaced, altered or obliterated
identification number or mark; applicability; penalty.
1. Except as otherwise provided in
subsection 3, a person who knowingly:
(a) Buys with the intent to resell;
(b) Disposes of;
(c) Sells; or
(d) Transfers,
Ê a motor
vehicle or part from a motor vehicle that has an identification number or mark
that has been falsely attached, removed, defaced, altered or obliterated to
misrepresent the identity or to prevent the identification of the motor vehicle
or part from a motor vehicle is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 10 years, and may be further
punished by a fine of not more than $60,000, or by both fine and imprisonment.
2. Except as otherwise provided in subsection
3 and NRS 482.5505, or if a greater penalty is
otherwise provided by law, a person who takes possession of a motor vehicle or part
from a motor vehicle knowing that an identification number or mark has been
falsely attached, removed, defaced, altered or obliterated is guilty of a gross
misdemeanor and shall be punished by imprisonment in the county jail for not
more than 364 days, or by a fine of not more than $10,000, or by both fine and
imprisonment.
3. The provisions of this section do not
apply to an owner of or person authorized to possess a motor vehicle or part of
a motor vehicle:
(a) If the motor vehicle or part of the motor
vehicle was recovered by a law enforcement agency after having been stolen;
(b) If the condition of the identification number
or mark of the motor vehicle or part of the motor vehicle is known to, or has
been reported to, a law enforcement agency; or
(c) If the motor vehicle or part from the motor
vehicle has an identification number attached to it which has been assigned or
approved by the Department in lieu of the original identification number or
mark.
(Added to NRS by 1999, 2056; A 2007, 2364; 2013, 988)
NRS 482.553 Unlawful removal, defacement, alteration or obliteration of
identification number or mark of motor vehicle or part thereof; restoration of
number or mark; homemade vehicles; penalty.
1. A person shall not intentionally
remove, deface, alter or obliterate the identification number or mark of a
vehicle or part from a motor vehicle without written authorization from the
Department, nor shall any person attach to or place or stamp upon a vehicle or
the parts thereof any serial, motor or other number or mark except one assigned
thereto by the Department.
2. This section does not prohibit the
restoration by an owner of the original vehicle identification number or mark
when the restoration is authorized by the Department, nor prevent any
manufacturer from placing in the ordinary course of business numbers or marks
upon new motor vehicles or new parts thereof.
3. The Department shall assign serial
numbers to all homemade vehicles, and the serial numbers must be placed:
(a) If an open trailer, on the left-hand side of
the tongue of the trailer.
(b) If an enclosed vehicle, on the pillar post
for the left-hand door hinge or, if such placement is not appropriate, then on
the left-hand side of the fire wall, under the hood.
4. Any person who violates a provision of
subsection 1 is guilty of a category D felony and shall be punished as provided
in NRS 193.130, and may be further
punished by a fine of not more than $25,000.
(Added to NRS by 1971, 145; A 1973, 61; 1995, 1047; 1999, 2058; 2007, 2365)
NRS 482.5533 Unlawful failure of certain persons to notify Department or
local law enforcement agency within certain period of discovery of motor
vehicle or part thereof having identification number or mark that has been
falsely attached, removed, defaced, altered or obliterated; penalty.
1. A vehicle dealer, garage operator,
automobile wrecker, operator of a salvage pool or body shop, tow car operator,
any other business subject to inspection pursuant to NRS 480.610 and the employee of any such
establishment who discovers during the course of business that a motor vehicle
or part from a motor vehicle has an identification number or mark that has been
falsely attached, removed, defaced, altered or obliterated shall notify the
Department or a local law enforcement agency within 24 hours after discovery.
2. A person who fails to provide
notification pursuant to subsection 1 is guilty of a misdemeanor.
(Added to NRS by 2007, 2361)
NRS 482.5536 Court proceedings: Disclosure of certain information prohibited;
exception; in camera review.
1. Except as otherwise provided in this
section, a person shall not disclose during any court proceeding or in any
written document produced pursuant to a request for discovery of documents in
any action involving the theft of a motor vehicle or part from a motor vehicle
the identification of any confidential investigative technique or the location
of any confidential identifying number or mark used by a law enforcement agency
or the Department to identify a motor vehicle or part from a motor vehicle.
2. Upon request of a party to the action,
the court may review confidential techniques and information related to the
location of confidential identifying numbers or marks in camera to determine
whether disclosure of such information is necessary to determine the issue before
the court and may make any orders that justice may require.
(Added to NRS by 2007, 2361)
NRS 482.554 Deceptive trade practices: Acts constituting; administrative
fines; certain disclosures required; remedy not exclusive.
1. The Department may impose an
administrative fine of not more than $10,000 against any person who engages in
a deceptive trade practice. The Department shall afford to any person so fined
an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. For the purposes of this section, a
person shall be deemed to be engaged in a “deceptive trade practice” if, in the
course of his or her business or occupation, the person:
(a) Enters into a contract for the sale of a
vehicle on credit with a customer, exercises a valid option to cancel the
vehicle sale and then, after the customer returns the vehicle with no damage
other than reasonable wear and tear, the seller:
(1) Fails to return any down payment or
other consideration in full, including, returning a vehicle accepted in trade;
(2) Knowingly makes a false representation
to the customer that the customer must sign another contract for the sale of
the vehicle on less favorable terms; or
(3) Fails to use the disclosure as
required in subsection 3.
(b) Uses a contract for the sale of the vehicle
or a security agreement that materially differs from the form prescribed by
law.
(c) Engages in any deceptive trade practice, as
defined in NRS 598.0915 to 598.0925, inclusive, that involves the
purchase and sale or lease of a motor vehicle.
(d) Engages in any other acts prescribed by the
Department by regulation as a deceptive trade practice.
3. If a seller of a vehicle exercises a
valid option to cancel the sale of a vehicle to a customer, the seller must
provide a disclosure, and the customer must sign that disclosure, 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
Department shall prescribe the form of the disclosure by regulation.
4. All administrative fines collected by
the Department pursuant to this section must be deposited with the State
Treasurer to the credit of the State Highway Fund.
5. The administrative remedy provided in
this section is not exclusive and is in addition to any other remedy provided
by law. The provisions of this section do not deprive a person injured by a
deceptive trade practice from resorting to any other legal remedy.
(Added to NRS by 2005, 1240; A 2009, 2527,
2698)
PENALTIES
NRS 482.555 Criminal penalties for certain violations of chapter; exception.
1. In addition to any other penalty
provided by this chapter:
(a) It is a gross misdemeanor for any person
knowingly to falsify:
(1) A dealer’s or rebuilder’s report of
sale, as described in NRS 482.423 and 482.424;
(2) An application or document to obtain
any license, permit, certificate of title or vehicle registration issued under
the provisions of this chapter; or
(3) An application or document to obtain a
salvage title or nonrepairable vehicle certificate as defined in chapter 487 of NRS.
(b) It is a misdemeanor for any person to violate
any of the provisions of this chapter unless such violation is by this section
or other provision of this chapter or other law of this State declared to be a
gross misdemeanor or a felony.
2. The provisions of this section do not
apply to a violation of subsection 3 of NRS
482.367002.
[36:202:1931; 1931 NCL § 4435.35]—(NRS A 1959, 919;
1963, 351; 1967, 592; 1975, 282; 2003, 468; 2007, 3221; 2013, 1483)
NRS 482.557 Failure to provide insurance: Administrative fines; requirements
for filing and maintaining with Department certificate of financial
responsibility; suspension of driver’s license of registered owner.
1. Except as otherwise provided in
subsection 6 of NRS 485.317, if a
registered owner failed to have insurance on the date specified by the
Department pursuant to NRS 485.317:
(a) For a first offense, the registered owner
shall pay to the Department a registration reinstatement fee of $250, and if
the period during which insurance coverage lapsed was:
(1) At least 31 days but not more than 90
days, pay to the Department a fine of $250.
(2) At least 91 days but not more than 180
days:
(I) Pay to the Department a fine of
$500; and
(II) File and maintain with the
Department a certificate of financial responsibility for a period of not less
than 3 years following the date on which the registration of the applicable
vehicle is reinstated.
(3) More than 180 days:
(I) Pay to the Department a fine of
$1,000; and
(II) File and maintain with the
Department a certificate of financial responsibility for a period of not less
than 3 years following the date on which the registration of the applicable
vehicle is reinstated.
(b) For a second offense, the registered owner
shall pay to the Department a registration reinstatement fee of $500, and if
the period during which insurance coverage lapsed was:
(1) At least 31 days but not more than 90
days, pay to the Department a fine of $500.
(2) At least 91 days but not more than 180
days:
(I) Pay to the Department a fine of
$500; and
(II) File and maintain with the
Department a certificate of financial responsibility for a period of not less
than 3 years following the date on which the registration of the applicable
vehicle is reinstated.
(3) More than 180 days:
(I) Pay to the Department a fine of
$1,000; and
(II) File and maintain with the
Department a certificate of financial responsibility for a period of not less
than 3 years following the date on which the registration of the applicable
vehicle is reinstated.
(c) For a third or subsequent offense:
(1) The driver’s license of the registered
owner must be suspended for a period to be determined by regulation of the Department
but not less than 30 days;
(2) The registered owner shall file and
maintain with the Department a certificate of financial responsibility for a
period of not less than 3 years following the date on which the registration of
the applicable vehicle is reinstated; and
(3) The registered owner shall pay to the
Department a registration reinstatement fee of $750, and if the period during
which insurance coverage lapsed was:
(I) At least 31 days but not more
than 90 days, pay to the Department a fine of $500.
(II) At least 91 days but not more
than 180 days, pay to the Department a fine of $750.
(III) More than 180 days, pay to the
Department a fine of $1,000.
2. As used in this section, “certificate
of financial responsibility” has the meaning ascribed to it in NRS 485.028.
(Added to NRS by 2011, 1587;
A 2013,
1841)
NRS 482.565 Administrative fines for violations other than deceptive trade
practices; injunction or other appropriate remedy; enforcement proceedings.
1. Except as otherwise provided in NRS 482.554, the Department may impose an
administrative fine, not to exceed $2,500, for a violation of any provision of
this chapter, or any rule, regulation or order adopted or issued pursuant
thereto. The Department shall afford to any person so fined an opportunity for
a hearing pursuant to the provisions of NRS
233B.121.
2. All administrative fines collected by
the Department pursuant to subsection 1 must be deposited with the State
Treasurer to the credit of the State Highway Fund.
3. In addition to any other remedy
provided by this chapter, the Department may compel compliance with any
provision of this chapter and any rule, regulation or order adopted or issued
pursuant thereto, by injunction or other appropriate remedy and the Department
may institute and maintain in the name of the State of Nevada any such
enforcement proceedings.
(Added to NRS by 1991, 755; A 2005, 1244)
