[Rev. 2/11/2015 11:16:42
AM--2014R2]
CHAPTER 481 - ADMINISTRATION OF LAWS
RELATING TO MOTOR VEHICLES
GENERAL PROVISIONS
NRS 481.015 Definitions;
exceptions.
DEPARTMENT OF MOTOR VEHICLES
NRS 481.019 Creation;
powers and duties.
NRS 481.023 Administration
of laws by Department; exceptions.
NRS 481.027 General
functions of Department of Motor Vehicles and Department of Transportation
respecting state highways.
NRS 481.029 Hearing
conducted by Department: Manner of taking testimony; where conducted.
NRS 481.031 Office
of Director of Department created.
NRS 481.035 Director
of Department: Appointment; classification; other employment prohibited;
employment of deputies and staff.
NRS 481.047 Appointment
of personnel.
NRS 481.0473 Divisions
of Department.
NRS 481.0475 Duties
of Administrative Services Division.
NRS 481.048 Division
of Compliance Enforcement: Appointment and duties of investigators.
NRS 481.0481 Section
for Control of Emissions From Vehicles and Enforcement of Matters Related to Use
of Special Fuel: Creation; appointment and duties of investigators, officers
and technicians.
NRS 481.051 Powers
and duties of Director: Generally.
NRS 481.0513 Powers
and duties of Director: Agreements for placement of advertisements in certain
buildings.
NRS 481.0515 Powers
and duties of Director: References to names of persons in documents and
records.
NRS 481.052 Powers
and duties of Director: Adoption of definitions of certain terms by regulation.
NRS 481.0535 Powers
and duties of Director: Expenditure of appropriations to assist certain
entities to purchase and obtain evidence; receipt and safekeeping of money.
NRS 481.055 Department
to keep main office in Carson City; maintenance of branch offices.
NRS 481.057 Offices
of Department: Extended hours of operation.
NRS 481.063 Collection
and deposit of fees for publications of Department and private use of files and
records of Department; limitations on release and use of files and records;
regulations.
NRS 481.065 Acceptance
of donations for programs for traffic safety.
NRS 481.079 Money
collected to be deposited in Motor Vehicle Fund; exception; dishonored
payments; adjustment of deposits.
NRS 481.081 Arrearage
in tax, fee or assessment administered by Department: Department authorized to
file certificate; certificate as lien; extension of lien.
NRS 481.082 Arrearage
in tax, fee or assessment administered by Department: Release or subordination
of lien; certificate issued by Department as conclusive evidence.
NRS 481.083 Money
for administration of chapter; claims.
NRS 481.087 Administrative
expenses deemed cost of administration of operation of motor vehicles on public
highways.
_________
NOTE: The section added to chapter 481 by
section 2 of chapter 333, Statutes of Nevada 1999, has been codified as NRS 289.600.
GENERAL PROVISIONS
NRS 481.015 Definitions; exceptions.
1. Except as otherwise provided in this
subsection, as used in this title, unless the context otherwise requires,
“certificate of title” means the document issued by the Department that
identifies the legal owner of a vehicle and contains the information required
pursuant to subsection 2 of NRS 482.245.
The definition set forth in this subsection does not apply to chapters 488 and 489
of NRS.
2. Except as otherwise provided in chapter 480 of NRS, NRS 484C.600 to 484C.640, inclusive, 486.363 to 486.377, inclusive, and chapters 486A and 488
of NRS, as used in this title, unless the context otherwise requires:
(a) “Department” means the Department of Motor
Vehicles.
(b) “Director” means the Director of the
Department.
(Added to NRS by 1957, 608; A 1985, 1930; 2001, 2541; 2003, 416, 453; 2005, 58; 2009, 3077;
2011, 292)
DEPARTMENT OF MOTOR VEHICLES
NRS 481.019 Creation; powers and duties.
1. The Department of Motor Vehicles is
hereby created.
2. The Department is vested with the
powers and authority provided in this chapter and shall carry out the purposes
of this chapter.
(Added to NRS by 1957, 609; A 1985, 1930; 2001, 2542)
NRS 481.023 Administration of laws by Department; exceptions.
1. Except as otherwise provided in this
section and in the provisions of law described in this section, the Department
shall execute, administer and enforce, and perform the functions and duties
provided in:
(a) Chapter 108
of NRS, and perform such duties and exercise such powers relating to liens on
vehicles as may be conferred upon it pursuant to chapter
108 of NRS or the provisions of any other law.
(b) Chapters 360A,
365, 366, 371 and 373 of
NRS, relating to the imposition and collection of taxes on motor fuels.
(c) Chapters 481, 482 to 486,
inclusive, and 487 of NRS, relating to motor
vehicles. The Department shall not execute, administer or enforce, or perform
the functions or duties provided in NRS
486.363 to 486.377, inclusive,
relating to the education and safety of motorcycle riders.
(d) Chapter 706
of NRS relating to licensing of motor vehicle carriers and the use of public
highways by those carriers.
(e) The provisions of NRS 426.401 to 426.461, inclusive.
2. The Department shall perform such other
duties and exercise such other powers as may be conferred upon the Department.
(Added to NRS by 1957, 609; A 1959, 628; 1965, 1059; 1979, 576; 1981, 2004; 1985, 1930; 1987, 1756; 1989, 1685; 1993, 1637; 1999, 1159; 2001, 2542; 2003, 416)
NRS 481.027 General functions of Department of Motor Vehicles and Department
of Transportation respecting state highways. The
Department of Motor Vehicles shall control the manner and type of use of the
state highways by the public, and the Department of Transportation shall
control the physical aspects of the state highways.
(Added to NRS by 1957, 609; A 1979, 1801; 1985, 1921, 1930; 2001, 2542)
NRS 481.029 Hearing conducted by Department: Manner of taking testimony;
where conducted. Notwithstanding
any specific statute to the contrary, with regard to any hearing required to be
conducted by the Department pursuant to this title:
1. The testimony of any party or witness
may be taken by telephone, videoconference or other electronic means; and
2. The hearing may be conducted at any
location so long as the hearing officer allows each party and witness to
testify by telephone, videoconference or other electronic means.
(Added to NRS by 2009, 68)
NRS 481.031 Office of Director of Department created. The Office of Director of the Department of
Motor Vehicles is hereby created.
(Added to NRS by 1957, 609; A 1985, 1931; 2001, 2543)
NRS 481.035 Director of Department: Appointment; classification; other
employment prohibited; employment of deputies and staff.
1. The Director:
(a) Is appointed by and serves at the pleasure of
the Governor;
(b) Must be appointed with special reference to
his or her training, experience, capacity and interest in the field of
administration or the administering of laws relating to motor vehicles;
(c) Is in the unclassified service of the State;
and
(d) Shall devote his or her entire time and
attention to the business of the office and shall not pursue any other business
or occupation or hold any other office of profit.
2. The Director may, within the limits of
legislative appropriations, employ such deputy directors as may be needed for
the administration of the Department. A deputy director:
(a) Must be appointed with special reference to
his or her training, experience, capacity and interest in the field of
administration or the administering of laws relating to motor vehicles;
(b) Is in the unclassified service of the State;
(c) Except as otherwise provided in NRS 284.143, shall devote his or her
entire time and attention to the business of the office and shall not pursue
any other business or occupation or hold any other office of profit;
(d) Shall administer the laws relating to motor
vehicles and the licensing of drivers, as provided in NRS
481.0475, 481.048 and 481.0481;
and
(e) Shall maintain records and other information
relating to motor vehicles and the licensing of drivers, as provided in NRS 481.0475, 481.048 and
481.0481.
3. The Director may employ, within the
limits of legislative appropriations, such administrators, managers,
specialists, investigators and staff, who are employed in the classified
service of the State, as the Director determines to be necessary to carry out
the duties of the Department.
(Added to NRS by 1957, 609; A 1967, 1500; 1971, 1439;
1981, 1282;
1985, 430, 1931; 1991, 914; 1993, 2536; 1995, 2315; 2001, 2543)
NRS 481.047 Appointment of personnel. The
Director shall appoint such technical, clerical and operational staff as the
execution of his or her duties and the operation of the Department may require.
(Added to NRS by 1957, 610; A 1985, 431)
NRS 481.0473 Divisions of Department. The
Department consists of:
1. A Division of the Office of the
Director;
2. A Division of Compliance Enforcement;
3. A Division of Field Services;
4. A Division of Central Services and
Records;
5. A Division of Management Services and
Programs;
6. A Division of Information Technology;
7. An Administrative Services Division;
and
8. A Motor Carrier Division.
(Added to NRS by 1957, 611; A 1959, 628; 1961, 71;
1965, 90; 1973, 90; 1979, 576; 1981, 845, 2005; 1991, 915; 1993, 1639; 1995, 579, 2304; 1999, 3574; 2001, 2543; 2005, 91)
NRS 481.0475 Duties of Administrative Services Division. The Administrative Services Division shall
furnish fiscal, accounting and other administrative services to the Director
and the various divisions, and advise and assist the Director and the various
divisions in carrying out their functions and responsibilities.
(Added to NRS by 1957, 611; A 1959, 628; 1965, 90;
1973, 90; 1981,
845, 2005;
1985, 1933;
1991, 915; 1993, 1639, 2671; 1995, 720, 2304; 1999, 3574; 2001, 2544)
NRS 481.048 Division of Compliance Enforcement: Appointment and duties of
investigators.
1. The Director shall appoint, within the
limits of legislative appropriations, investigators for the Division of Compliance
Enforcement.
2. The duties of the investigators are to
travel the State and:
(a) Act as investigators in the enforcement of
the provisions of chapters 482, 487 and 490 of
NRS, NRS 108.265 to 108.367, inclusive, and 108.440 to 108.500, inclusive, as those sections
pertain to motor vehicles, trailers, motorcycles, recreational vehicles and
semitrailers, as defined in chapter 482 of
NRS, and off-highway vehicles, as defined in NRS
490.060.
(b) Act as advisers to any business licensed by
the Department in connection with any problems arising under the provisions of chapters 108, 482,
483, 487
and 490 of NRS.
(c) Advise and assist personnel of the Nevada
Highway Patrol in the enforcement of traffic laws and motor vehicle
registration laws as they pertain to any business licensed by the Department.
(d) Act as investigators in the enforcement of
the provisions of NRS 483.700 to 483.780, inclusive, relating to the
licensing of schools and instructors for training drivers.
(e) Exercise their police powers in the
enforcement of the laws of this State to prevent acts of fraud or other abuses
in connection with the provision of services offered to the public by the
Department.
(f) Perform such other duties as may be imposed
by the Director.
(Added to NRS by 1963, 1277; A 1971, 2081; 1973, 90,
1072, 1584; 1975, 1198; 1977, 1348; 1979, 1222; 1983, 1241; 1985, 431, 1931; 1993, 2536; 1999, 3571; 2001, 2545; 2007, 3198; 2009, 3077;
2011, 292)
NRS 481.0481 Section for Control of Emissions From Vehicles and Enforcement
of Matters Related to Use of Special Fuel: Creation; appointment and duties of
investigators, officers and technicians.
1. There is hereby created within the
Department a Section for the Control of Emissions From Vehicles and the
Enforcement of Matters Related to the Use of Special Fuel.
2. The Director shall, within the limits
of legislative appropriations, appoint to the Section investigators, officers
and technicians for:
(a) The control of emissions from vehicles; and
(b) The enforcement of matters related to the use
of special fuel.
3. The duties of the investigators,
officers and technicians are to travel the State and:
(a) Act as agents and inspectors in the
enforcement of the provisions of chapter 366
of NRS, NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS, and NRS 484D.535 and 484D.540.
(b) Cooperate with the Division of Environmental
Protection of the State Department of Conservation and Natural Resources in all
matters pertaining to the control of emissions from vehicles.
(c) Cooperate and coordinate with the personnel
of the Nevada Highway Patrol in all matters pertaining to the enforcement of
the provisions of chapter 366 of NRS as those
provisions relate to the use of special fuel by motor vehicles.
(d) Perform such other duties as may be imposed
by the Director.
4. As used in this section, “special fuel”
has the meaning ascribed to it in NRS
366.060.
(Added to NRS by 1975, 1343; A 1977, 1148; 1985, 1932; 1993, 2537; 1999, 3572; 2001, 2546; 2003, 2525)
NRS 481.051 Powers and duties of Director: Generally.
1. The Director shall direct and supervise
all administrative and technical activities of the Department.
2. The Director may organize the
Department into various divisions, alter the organization and reassign
responsibilities and duties as the Director deems appropriate.
3. The Director shall:
(a) Formulate the policy of the Department and
the various divisions thereof.
(b) Coordinate the activities of the various
divisions of the Department.
(c) Adopt such regulations consistent with law as
the Director deems necessary for the operation of the Department and the
enforcement of all laws administered by the Department.
4. The Director may appoint vendors to
serve as agents of the Department to sell temporary permits. The vendor shall
collect the fees for the permits issued pursuant to chapter 706 of NRS and pay them to the
Department. The vendor shall guarantee payment by giving a bond in an amount
not less than $25,000, executed by the vendor as principal, and by a
corporation qualified pursuant to the laws of this State as surety, payable to
the State of Nevada. In lieu of a bond, the vendor may deposit with the State
Treasurer a like amount of lawful money of the United States or any other form
of security authorized by NRS 100.065.
If security is provided in the form of a savings certificate, certificate of
deposit or investment certificate, the certificate must state that the amount
is not available for withdrawal except upon approval of the Director. Upon
approval of the Governor, the Director may appoint inspectors of the Nevada
Transportation Authority and personnel of the Nevada Highway Patrol Division of
the Department of Public Safety to serve without remuneration as vendors for
the purposes of this subsection.
5. The Director may enter into a contract
with a supplier of self-service terminals or kiosks which authorizes the
supplier to process through those self-service terminals or kiosks certain
transactions pursuant to this chapter and chapters
482, 483 and 485
of NRS that have been designated by the Director and to charge and collect from
customers a nonrefundable processing fee for each such transaction. The
Director shall adopt regulations to carry out the provisions of this
subsection.
6. The Director may delegate to the
officers and employees of the Department such authorities and responsibilities
not otherwise delegated by law as the Director deems necessary for the
efficient conduct of the business of the Department.
(Added to NRS by 1957, 610; A 1960, 65; 1963, 884;
1965, 566; 1981,
1057; 1983,
1000; 1985,
300, 1932;
1987, 493; 1989, 1075; 1993, 2537; 1995, 317; 1997, 2005; 2001, 2546; 2011, 927)
NRS 481.0513 Powers and duties of Director: Agreements for placement of
advertisements in certain buildings.
1. The Director may enter into an
agreement with a person for the placement of advertisements in areas of
buildings owned or occupied by the Department that are frequented by the
public.
2. A person who enters into an agreement
with the Director pursuant to subsection 1 shall ensure that each advertisement
placed pursuant to the agreement does not inhibit or disrupt the functioning of
the Department.
3. Any money collected by the Department
from an agreement entered into pursuant to subsection 1 must be:
(a) Deposited with the State Treasurer for credit
to the Motor Vehicle Fund; and
(b) Used to offset the costs of communicating
with the public.
4. The Director may adopt regulations to
carry out the provisions of this section.
(Added to NRS by 2011, 2679)
NRS 481.0515 Powers and duties of Director: References to names of persons in
documents and records.
1. Except as otherwise provided in
subsection 2, the Director shall ensure that whenever a document is required by
law to include the name of a person, the document sets forth the full legal
name of that person.
2. The provisions of this section do not
require the Director to alter, amend or otherwise change any documents that
were created before October 1, 2003.
3. The Director may take any action he or
she deems reasonable to facilitate achieving uniformity in the manner in which the
documents and records of the Department refer to a particular person by name.
4. As used in this section:
(a) “Certificate of registration” means the
certificate described in subsection 1 of NRS
482.245.
(b) “Document” means any:
(1) Application or record that a person is
required to file with or submit to the Department;
(2) Card, certificate or license that the
Department issues to a person; and
(3) Record that the Department is required
to keep or maintain.
Ê The term
includes, without limitation, a certificate of registration, certificate of
title, driver’s license and identification card, and an application or record
pertaining to any such certificate, license or card.
(Added to NRS by 2003, 453)
NRS 481.052 Powers and duties of Director: Adoption of definitions of
certain terms by regulation. The
Director shall, by regulation, define:
1. “Address of principal residence” as the
term is used in chapters 483 and 486 of NRS;
2. “Conviction” as the term is used in NRS 483.010 to 483.630, inclusive;
3. “Full legal name” as the term is used
in chapters 483 and 486 of NRS; and
4. “Seasonal resident” as the term is used
in chapters 482 and 483 of NRS.
(Added to NRS by 1997, 2987; A 2007, 2782)
NRS 481.0535 Powers and duties of Director: Expenditure of appropriations to
assist certain entities to purchase and obtain evidence; receipt and
safekeeping of money.
1. The Director may expend money that the
Legislature appropriates to assist local law enforcement agencies or the
Division of Compliance Enforcement of the Department in the purchase of
evidence and in employing persons other than peace officers to obtain that
evidence.
2. Upon receiving a written request from
the Director, or a designee of the Director, for money appropriated for a
purpose specified in subsection 1, the State Controller shall:
(a) Draw a warrant, payable to the Department; or
(b) Electronically transfer money to the
appropriate account of the Department,
Ê as appropriate,
in an amount which does not exceed any limit set by the Legislature in the
appropriation.
3. The Director may keep money drawn
pursuant to this section in accounts in one or more banks or credit unions or
in cash.
(Added to NRS by 2005, 1239)
NRS 481.055 Department to keep main office in Carson City; maintenance of
branch offices.
1. The Department shall keep its main
office at Carson City, Nevada, in rooms provided by the Buildings and Grounds
Section of the State Public Works Division of the Department of Administration.
2. The Department may maintain such branch
offices throughout the State as the Director may deem necessary to the
efficient operation of the Department and the various divisions thereof in
space provided by the Buildings and Grounds Section. Any leases or agreements
entered into pursuant to this subsection must be executed in accordance with
the provisions of NRS 331.110.
(Added to NRS by 1957, 610; A 1963, 1070; 1973, 1475;
1993, 1639;
2011, 2554,
2985)
NRS 481.057 Offices of Department: Extended hours of operation. In a county whose population is 100,000 or
more, the Director may arrange for offices of the Department to remain open on
Saturdays and Sundays and at hours other than 8 a.m. to 5 p.m.
(Added to NRS by 1963, 216; A 1969, 1544; 1979, 552; 1999, 3574; 2001, 2547)
NRS 481.063 Collection and deposit of fees for publications of Department
and private use of files and records of Department; limitations on release and
use of files and records; regulations.
1. The Director may charge and collect
reasonable fees for official publications of the Department and from persons
making use of files and records of the Department or its various divisions for
a private purpose. All money so collected must be deposited in the State
Treasury for credit to the Motor Vehicle Fund.
2. Except as otherwise provided in
subsection 6, the Director may release personal information, except a
photograph, from a file or record relating to the driver’s license,
identification card, or title or registration of a vehicle of a person if the
requester submits a written release from the person who holds a lien on the
vehicle, or an agent of that person, or the person about whom the information
is requested which is dated not more than 90 days before the date of the
request. The written release must be in a form required by the Director.
3. Except as otherwise provided in
subsections 2 and 4, the Director shall not release to any person who is not a
representative of the Division of Welfare and Supportive Services of the
Department of Health and Human Services or an officer, employee or agent of a
law enforcement agency, an agent of the public defender’s office or an agency
of a local government which collects fines imposed for parking violations, who
is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact
insurance pursuant to chapter 680A of NRS
or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an
investigation of an insurance claim:
(a) A list which includes license plate numbers
combined with any other information in the records or files of the Department;
(b) The social security number of any person, if
it is requested to facilitate the solicitation of that person to purchase a
product or service; or
(c) The name, address, telephone number or any
other personally identifiable information if the information is requested by
the presentation of a license plate number.
Ê When such
personally identifiable information is requested of a law enforcement agency by
the presentation of a license plate number, the law enforcement agency shall
conduct an investigation regarding the person about whom information is being
requested or, as soon as practicable, provide the requester with the requested
information if the requester officially reports that the motor vehicle bearing
that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.
4. If a person is authorized to obtain
such information pursuant to a contract entered into with the Department and if
such information is requested for the purpose of an advisory notice relating to
a motor vehicle or the recall of a motor vehicle or for the purpose of
providing information concerning the history of a vehicle, the Director may
release:
(a) A list which includes license plate numbers
combined with any other information in the records or files of the Department;
or
(b) The name, address, telephone number or any
other personally identifiable information if the information is requested by the
presentation of a license plate number.
5. Except as otherwise provided in
subsections 2, 4 and 6 and NRS 483.294,
483.855 and 483.937, the Director shall not release
any personal information from a file or record relating to a driver’s license,
identification card, or title or registration of a vehicle.
6. Except as otherwise provided in
paragraph (a) and subsection 7, if a person or governmental entity provides a
description of the information requested and its proposed use and signs an
affidavit to that effect, the Director may release any personal information,
except a photograph, from a file or record relating to a driver’s license,
identification card, or title or registration of a vehicle for use:
(a) By any governmental entity, including, but
not limited to, any court or law enforcement agency, in carrying out its
functions, or any person acting on behalf of a federal, state or local
governmental agency in carrying out its functions. The personal information may
include a photograph from a file or record relating to a driver’s license,
identification card, or title or registration of a vehicle.
(b) In connection with any civil, criminal,
administrative or arbitration proceeding before any federal or state court,
regulatory body, board, commission or agency, including, but not limited to,
use for service of process, investigation in anticipation of litigation, and
execution or enforcement of judgments and orders, or pursuant to an order of a
federal or state court.
(c) In connection with matters relating to:
(1) The safety of drivers of motor vehicles;
(2) Safety and thefts of motor vehicles;
(3) Emissions from motor vehicles;
(4) Alterations of products related to
motor vehicles;
(5) An advisory notice relating to a motor
vehicle or the recall of a motor vehicle;
(6) Monitoring the performance of motor
vehicles;
(7) Parts or accessories of motor
vehicles;
(8) Dealers of motor vehicles; or
(9) Removal of nonowner records from the
original records of motor vehicle manufacturers.
(d) By any insurer, self-insurer or organization
that provides assistance or support to an insurer or self-insurer or its
agents, employees or contractors, in connection with activities relating to the
rating, underwriting or investigation of claims or the prevention of fraud.
(e) In providing notice to the owners of vehicles
that have been towed, repossessed or impounded.
(f) By an employer or its agent or insurer to
obtain or verify information relating to a holder of a commercial driver’s
license who is employed by or has applied for employment with the employer.
(g) By a private investigator, private patrol
officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted
pursuant to this section.
(h) By a reporter or editorial employee who is
employed by or affiliated with any newspaper, press association or commercially
operated, federally licensed radio or television station for a journalistic
purpose. The Department may not make any inquiries regarding the use of or
reason for the information requested other than whether the information will be
used for a journalistic purpose.
(i) In connection with an investigation conducted
pursuant to NRS 253.0415 or 253.220.
(j) In activities relating to research and the
production of statistical reports, if the personal information will not be
published or otherwise redisclosed, or used to contact any person.
7. Except as otherwise provided in
paragraph (j) of subsection 6, the Director shall not provide personal
information to individuals or companies for the purpose of marketing extended
vehicle warranties, and a person who requests and receives personal information
may sell or disclose that information only for a use permitted pursuant to
subsection 6. Such a person shall keep and maintain for 5 years a record of:
(a) Each person to whom the information is
provided; and
(b) The purpose for which that person will use
the information.
Ê The record
must be made available for examination by the Department at all reasonable
times upon request.
8. Except as otherwise provided in
subsection 2, the Director may deny any use of the files and records if the
Director reasonably believes that the information taken may be used for an
unwarranted invasion of a particular person’s privacy.
9. Except as otherwise provided in NRS 485.316, the Director shall not allow
any person to make use of information retrieved from the system created
pursuant to NRS 485.313 for a private
purpose and shall not in any other way release any information retrieved from
that system.
10. The Director shall not release any
information relating to legal presence or any other information relating to or
describing immigration status, nationality or citizenship from a file or record
relating to a request for or the issuance of a license, identification card or
title or registration of a vehicle to any person or to any federal, state or
local governmental entity for any purpose relating to the enforcement of
immigration laws.
11. The Director shall adopt such
regulations as the Director deems necessary to carry out the purposes of this
section. In addition, the Director shall, by regulation, establish a procedure
whereby a person who is requesting personal information may establish an
account with the Department to facilitate the person’s ability to request
information electronically or by written request if the person has submitted to
the Department proof of employment or licensure, as applicable, and a signed
and notarized affidavit acknowledging that the person:
(a) Has read and fully understands the current
laws and regulations regarding the manner in which information from the
Department’s files and records may be obtained and the limited uses which are
permitted;
(b) Understands that any sale or disclosure of
information so obtained must be in accordance with the provisions of this
section;
(c) Understands that a record will be maintained
by the Department of any information he or she requests; and
(d) Understands that a violation of the provisions
of this section is a criminal offense.
12. It is unlawful for any person to:
(a) Make a false representation to obtain any
information from the files or records of the Department.
(b) Knowingly obtain or disclose any information
from the files or records of the Department for any use not permitted by the
provisions of this chapter.
13. As used in this section:
(a) “Information relating to legal presence”
means information that may reveal whether a person is legally present in the
United States, including, without limitation, whether the driver’s license that
a person possesses is a driver authorization card, whether the person applied
for a driver’s license pursuant to NRS
483.290 or 483.291 and the
documentation used to prove name, age and residence that was provided by the
person with his or her application for a driver’s license.
(b) “Personal information” means information that
reveals the identity of a person, including, without limitation, his or her
photograph, social security number, individual taxpayer identification number,
driver’s license number, identification card number, name, address, telephone
number or information regarding a medical condition or disability. The term
does not include the zip code of a person when separate from his or her full
address, information regarding vehicular accidents or driving violations in
which he or she has been involved or other information otherwise affecting his
or her status as a driver.
(c) “Vehicle” includes, without limitation, an
off-highway vehicle as defined in NRS
490.060.
(Added to NRS by 1957, 611; A 1975, 210; 1979, 1118; 1981, 1590; 1985, 686; 1989, 473; 1993, 2479; 1995, 1926; 1997, 65, 312, 2342; 1999, 1932; 2001, 909; 2003, 454; 2009, 709, 2201, 2273; 2011, 289, 2679; 2013, 1291)
NRS 481.065 Acceptance of donations for programs for traffic safety. The Department is authorized to accept
donations of money, labor and materials to be used in traffic safety programs.
(Added to NRS by 1965, 376)
NRS 481.079 Money collected to be deposited in Motor Vehicle Fund;
exception; dishonored payments; adjustment of deposits.
1. Except as otherwise provided by
specific statute, all taxes, license fees and money collected by the Department
must be deposited with the State Treasurer to the credit of the Motor Vehicle
Fund.
2. If a check or any other method of
payment accepted by the Department in payment of such fees is returned to the
Department or otherwise dishonored upon presentation for payment:
(a) The drawer or any other person responsible
for payment of the fee is subject to a fee in the amount established by the
State Controller pursuant to NRS 353C.115
in addition to any other penalties provided by law; and
(b) The Department may require that future
payments from the person be made by cashier’s check, money order, traveler’s
check or cash.
3. The Department may adjust the amount of
a deposit made with the State Treasurer to the credit of the Motor Vehicle Fund
for any cash shortage or overage resulting from the collection of fees.
(Added to NRS by 1957, 612; A 1975, 210; 1983, 1241; 1985, 1934; 1997, 318; 2001, 708; 2003,
20th Special Session, 213; 2005, 590)
NRS 481.081 Arrearage in tax, fee or assessment administered by Department:
Department authorized to file certificate; certificate as lien; extension of
lien.
1. If any tax, fee or assessment
administered by the Department is not paid when due, the Department may, within
3 years after the date that the tax, fee or assessment was due, file for record
a certificate in the office of any county recorder which states:
(a) The amount of the tax, fee or assessment and
any interest or penalties due;
(b) The name and address of the person who is
liable for the amount due as they appear on the records of the Department; and
(c) That the Department has complied with all
procedures required by law for determining the amount due.
2. From the time of the filing of the
certificate, the amount due, including interest and penalties, constitutes a
lien upon all real and personal property in the county owned by the person or
acquired by the person afterwards and before the lien expires. The lien has the
effect and priority of a judgment lien and continues for 5 years after the time
of the filing of the certificate unless sooner released or otherwise
discharged.
3. Within 5 years after the date of the
filing of the certificate or within 5 years after the date of the last
extension of the lien pursuant to this subsection, as appropriate, the lien may
be extended by filing for record a new certificate in the office of the county
recorder of any county. From the time of filing, the lien is extended to all
real and personal property in the county owned by the person or acquired by the
person afterwards for 5 years, unless sooner released or otherwise discharged.
(Added to NRS by 1999, 154)
NRS 481.082 Arrearage in tax, fee or assessment administered by Department:
Release or subordination of lien; certificate issued by Department as
conclusive evidence.
1. The Department may release all or any
portion of the property subject to a lien imposed by the Department pursuant to
NRS 481.081 or subordinate the lien to other liens
and encumbrances if the Department determines that the amount, interest and
penalties are secured sufficiently by a lien on other property or that the
release or subordination of the lien will not jeopardize the collection of the
amount, interest and penalties.
2. A certificate issued by the Department
stating that property has been released from a lien, or that a lien has been
subordinated to other liens and encumbrances, is conclusive evidence that the
property has been released, or that the lien has been subordinated.
(Added to NRS by 1999, 154)
NRS 481.083 Money for administration of chapter; claims.
1. 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.
2. All money provided for the support of
the Department and its various divisions must be paid out on claims approved by
the Director in the same manner as other claims against the State are paid.
(Added to NRS by 1957, 612; A 1979, 1119; 1981, 2006; 1983, 1011; 1993, 1641; 1995, 2305; 1999, 2431; 2001, 1832, 2547; 2001
Special Session, 144; 2003, 274, 277)
NRS 481.087 Administrative expenses deemed cost of administration of
operation of motor vehicles on public highways. The
expenses incurred in the administration of this chapter and in the
administration of the powers and duties provided in this chapter shall be
deemed to be a cost of administration with respect to the operation of motor
vehicles upon the public highways of this State.
(Added to NRS by 1957, 612; A 1993, 1641; 1995, 2306; 2001, 2547)
