Nrs: Chapter 481 - Administration Of Laws Relating To Motor Vehicles

Link to law: https://www.leg.state.nv.us/NRS/NRS-481.html
Published: 2015

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[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)