Published: 2015
Key Benefits:
[Rev. 11/22/2013 9:22:53 AM--2013]
[NAC-485 Revised Date: 7-13]
CHAPTER 485 - MOTOR VEHICLES: INSURANCE AND FINANCIAL RESPONSIBILITY
GENERAL PROVISIONS
485.010 Definitions.
485.020 “Authorized representative” defined.
485.028 Dormant vehicle: “Extended period,” “mechanical circumstances” and “seasonal circumstances” interpreted.
485.030 Construction.
485.040 Severability.
485.050 Office of Department; communications relating to self-insurance; information.
CERTIFICATE OF SELF-INSURANCE
485.060 Application for certificate; duties of applicant.
485.070 Approval or denial of application; expiration and transfer of certificate.
485.075 Guarantee of indemnification.
485.080 Security: Deposit; required amount; use and replenishment; change of amount.
485.090 Security: Acceptable forms.
485.100 Duration of security; affidavit and administration of claims.
485.110 Annual submission of certain information; settlement of claims.
485.115 Change in ownership or control of self-insurer.
485.120 Cancellation of certificate.
VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY
485.150 “Amended,” “issued” and “terminated” interpreted.
485.151 Designation of person responsible for maintaining insurance; suspension of registration.
485.153 Notification to Department by owner of motor vehicle of issuance, amendment or termination of insurance; submission to Department by insurer of record of motor vehicle liability policy issued or amended.
485.155 Contents of record provided by insurer.
485.157 Electronic query by Department requesting verification of insurance: Contents; response by insurer.
485.160 Form of record submitted by insurer.
485.175 Noncompliance of insurer to maintain and provide access to the Department to certain records or to submit records.
485.180 Discontinuance by insurer of practice of issuing and renewing motor vehicle liability policies.
485.185 Suspension of registration: Reinstatement of registration of dormant vehicle.
485.190 Suspension of registration: Reinstatement of registration or rescission of suspension on ground of extenuating circumstances.
GENERAL PROVISIONS
NAC 485.010 Definitions. (NRS 485.130) As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 485.028 to 485.120, inclusive, and in NAC 485.020 have the meanings ascribed to them in those sections.
[Dep’t of Motor Veh., Self-insurance Reg. part § I, eff. 4-29-82]—(NAC A by Dep’t of Motor Veh. & Pub. Safety by R176-97, 6-4-98; A by Dep’t of Motor Veh. by R162-01, 2-12-2002; R065-12, 11-1-2012)
NAC 485.020 “Authorized representative” defined. (NRS 485.130) “Authorized representative” means the employee of the Department designated by the Director to issue, cancel or make administrative decisions concerning self-insurance.
[Dep’t of Motor Veh., Self-insurance Reg. part § I, eff. 4-29-82]—(NAC A by R162-01, 2-12-2002)
NAC 485.028 Dormant vehicle: “Extended period,” “mechanical circumstances” and “seasonal circumstances” interpreted. (NRS 485.320)
1. As used in NRS 485.0335, the Department will interpret the phrase:
(a) “Extended period” to mean:
(1) With respect to a motor vehicle for which the owner failed to cancel the registration and which will not be operated because of mechanical circumstances, a period of not less than 30 days and not more than 6 months.
(2) With respect to a motor vehicle for which the owner failed to cancel the registration and which will not be operated because of seasonal circumstances, a period of not less than 3 months.
(b) “Mechanical circumstances” to mean that the components or systems of a motor vehicle have failed to such an extent that the vehicle cannot be operated.
(c) “Seasonal circumstances” to mean that a motor vehicle is not used during certain periods of the year because of weather or other factors which make operation of the vehicle during those periods undesirable, unnecessary or impractical.
2. As used in this section, “components or systems of a motor vehicle” means the engine, brake system, transmission system, drivetrain system, heating and air-conditioning system, cooling system, or muffler and exhaust system.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R176-97, eff. 6-4-98; A by Dep’t of Motor Veh. by R162-01, 3-26-2002)
NAC 485.030 Construction. (NRS 485.130) The Department intends that this chapter be liberally construed to secure just, speedy and economical determinations of all applications for certificates of self-insurance presented to the Director or the authorized representative.
[Dep’t of Motor Veh., Self-insurance Reg. part § II, eff. 4-29-82]—(NAC A by R162-01, 2-12-2002)
NAC 485.040 Severability. (NRS 485.130) If any provision of this chapter, or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions or applications to the extent that they can be given effect.
[Dep’t of Motor Veh., Self-insurance Reg. part § II, eff. 4-29-82]
NAC 485.050 Office of Department; communications relating to self-insurance; information. (NRS 485.130)
1. The principal office of the Department is the Department of Motor Vehicles, Central Services and Records Division, 555 Wright Way, Carson City, Nevada 89711.
2. All written communications to the Department or securities or documents relating to self-insurance must be addressed to the principal office of the Department.
3. A person may obtain clarification of this chapter, information about the application of this chapter or information about other dealings with reference to this chapter from the principal office of the Department.
[Dep’t of Motor Veh., Self-insurance Reg. § III, eff. 4-29-82]—(NAC A by R162-01, 2-12-2002)
CERTIFICATE OF SELF-INSURANCE
NAC 485.060 Application for certificate; duties of applicant. (NRS 485.130, 485.380)
1. Before applying for a certificate of self-insurance, an applicant must submit a complete list of his or her motor vehicles to the Department. The list must contain the vehicle identification number, the license plate number and the name of the make and model of each vehicle.
2. After the list is submitted, the number of vehicles actively registered in this State in the name of the applicant must not drop below 11.
3. An application for a certificate of self-insurance must be made on a form provided by the Department. The application must contain a statement by the applicant that he or she realizes that, in self-insuring, the applicant is performing an insurance function and expressly agrees, as a condition to the granting of a certificate of self-insurance, to abide by the statutes of this State concerning unfair practices in settling claims and any regulations adopted thereunder by the Commissioner of Insurance.
4. Except as otherwise provided in this subsection, each applicant for a certificate of self-insurance must submit, for the confidential use of the Department, an affidavit from a certified public accountant licensed in this State attesting that the financial statements of the applicant have been audited and setting forth the current ratio of the applicant at the time of the audit.
5. An applicant for self-insurance may be required by the Department to submit evidence of excess insurance or reinsurance written by an insurer authorized to do business in this State to provide protection against large or numerous judgments. This insurance may be in excess of the amount of security deposited with the Department. To determine if excess insurance or reinsurance will be required, the Director or the authorized representative will consider the number of vehicles actively registered in this State in the name of the applicant, the manner in which they are being used and the applicant’s financial ability to pay claims.
[Dep’t of Motor Veh., Self-insurance Reg. § IV, eff. 4-29-82]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 7-29-86; A by Dep’t of Motor Veh. by R162-01, 2-12-2002; R164-03, 10-31-2005)
NAC 485.070 Approval or denial of application; expiration and transfer of certificate. (NRS 485.130, 485.380)
1. No application will be approved unless:
(a) The Department receives a true, complete and correct application;
(b) The applicant provides appropriate security of a type set forth in NAC 485.090 in the amount determined by the Department pursuant to NAC 485.080;
(c) The Department is satisfied that the applicant can pay any judgment for which it may become liable;
(d) The Department determines that the loss record of the applicant, if any, is reasonable and not excessive; and
(e) All vehicles that the applicant wishes to self-insure are registered in this State.
2. No certificate of self-insurance may be issued or approved for an applicant whose previous certificate of self-insurance was cancelled within 1 year after the date of the application for any of the reasons stated in paragraphs (d) to (g), inclusive, of subsection 1 of NAC 485.120.
3. The Director or the authorized representative will review and approve or disapprove an application for a certificate of self-insurance. If the application is approved, the Director or authorized representative will issue a certificate to the applicant. The certificate is valid for 1 year after the date the application is approved, and the day and month of the expiration of the certificate must, to the extent practicable, remain the day and month of expiration of each renewal of the certificate.
4. The Department will notify the applicant by certified mail if his or her application is denied. The notice will include the reason for the denial.
5. A certificate of self-insurance is not transferable.
[Dep’t of Motor Veh., Self-insurance Reg. § V, eff. 4-29-82]—(NAC A by R162-01, 2-12-2002; R164-03, 10-31-2005)
NAC 485.075 Guarantee of indemnification. (NRS 485.130, 485.380)
1. The Department may, before issuing a certificate of self-insurance to an applicant, require a guarantee of indemnification:
(a) From the parent corporation, if the applicant is a subsidiary or affiliate of a corporation;
(b) From any partner, if the applicant is a partnership; or
(c) From the owner, if the applicant is a sole proprietorship.
2. Entities making a joint application for a certificate of self-insurance pursuant to NAC 485.060 must enter into an indemnity agreement jointly and severally binding each entity for all liability arising from the operation of each motor vehicle that is self-insured pursuant to the certificate.
(Added to NAC by Dep’t of Motor Veh. by R164-03, eff. 10-31-2005)
NAC 485.080 Security: Deposit; required amount; use and replenishment; change of amount. (NRS 485.130, 485.380)
1. A self-insurer shall deposit with the Department security in an amount determined by the Department pursuant to this section.
2. The amount of security required will be based on the greater of 130 percent of the average annual claims paid by the self-insurer during the immediately preceding 3-year period or the amount determined in accordance with the following scale for vehicles actively registered in this State in the name of the self-insurer:
|
Number of Vehicles |
Amount of Security |
|
|
|
|
11 to 50 vehicles.................................................................................. |
$ 55,000 |
|
51 to 100 vehicles................................................................................ |
80,000 |
|
101 to 250 vehicles.............................................................................. |
130,000 |
|
251 to 500 vehicles.............................................................................. |
205,000 |
|
501 to 750 vehicles.............................................................................. |
280,000 |
|
751 or more vehicles............................................................................ |
355,000 |
3. The security deposit must be used to satisfy judgments which have become final and remain unsatisfied after 30 days unless a court order mandates otherwise. Upon notification to the self-insurer that the security has been used to satisfy damages, the self-insurer must replenish the security to the required amount within 24 hours. Failure to maintain the amount of required security is grounds for the cancellation of the certificate of self-insurance.
4. The Department may increase or decrease the amount of required security and specify the form of any additional required security. If the Department increases or decreases the amount of required security, the Department will send written notice of the required increase or decrease to the self-insurer. The self-insurer shall, within 30 days after receiving the notice, increase or decrease the security deposited with the Department in accordance with the amount specified in the notice.
5. The self-insurer may submit a written request to the Department to decrease the amount of required security if the number of vehicles actively registered in this State in the name of the self-insurer decreases and the self-insurer does not wish to maintain the larger fleet size on file with the Department.
[Dep’t of Motor Veh., Self-insurance Reg. § VI, eff. 4-29-82]—(NAC A by R162-01, 2-12-2002; R164-03, 10-31-2005)
NAC 485.090 Security: Acceptable forms. (NRS 485.130, 485.380) The Department may accept as security:
1. A time certificate of deposit with a bank chartered by this State or a bank that is a member of the United States Federal Reserve System which is made payable to the self-insurer and the Department.
2. A surety bond which is issued by a company authorized and licensed to transact the business of surety insurance in this State and which is countersigned by a resident agent licensed in this State.
3. Cash.
4. A letter of credit that:
(a) Includes a clause stating that no document other than a demand for payment under the terms of the letter is necessary for payment;
(b) Is irrevocable;
(c) Does not expire unless written notice is given by the issuer to the Department not less than 30 days before the date of expiration;
(d) Is issued by a bank that:
(1) Is chartered by this State or is a member of the United States Federal Reserve System; and
(2) Has been approved by the Department;
(e) Includes a clause stating that the letter of credit is not subject to any condition or qualification that is not specified in the letter of credit;
(f) Although it may be the individual obligation of the issuer, is not contingent on the ability of the issuer to perfect any lien or security interest;
(g) Does not contain any reference to another agreement, agency, document or person;
(h) Includes a clause stating that the obligation of the issuer under the letter of credit is not contingent on reimbursement; and
(i) If the letter of credit includes a boxed section in the heading that sets forth the name of the applicant and other appropriate notations, is clearly marked in the boxed section to indicate that the information set forth therein is for internal identification only and does not affect the terms of the letter of credit or the obligations of the issuer.
5. Other forms of security which are acceptable to the Department.
[Dep’t of Motor Veh., Self-insurance Reg. §§ VII-X, eff. 4-29-82]—(NAC A by R162-01, 2-12-2002; R164-03, 10-31-2005)
NAC 485.100 Duration of security; affidavit and administration of claims. (NRS 485.130, 485.380)
1. The security deposited under NAC 485.090 must be maintained for as long as the self-insurer holds or desires to hold a certificate of self-insurance in this State.
2. At the time of the relinquishment of the certificate of self-insurance, the self-insurer shall submit a properly executed affidavit to the Department indicating all outstanding claims against the self-insurer by listing all claimants and the amount of each claim. The self-insurer shall administer all such claims.
3. The security must remain on file for a period of 3 1/2 years after the self-insurer no longer desires to hold a certificate of self-insurance or the number of vehicles actively registered in this State in the name of the self-insurer drops below 11, or until the Director is satisfied that all outstanding claims have been adjudicated and paid.
[Dep’t of Motor Veh., Self-insurance Reg. § XI, eff. 4-29-82]—(NAC A by R162-01, 2-12-2002; R164-03, 10-31-2005)
NAC 485.110 Annual submission of certain information; settlement of claims. (NRS 485.130, 485.380)
1. Each self-insurer shall annually submit to the Department:
(a) An affidavit from a certified public accountant licensed in this State attesting that the financial statements of the self-insurer have been audited and setting forth the current ratio of the self-insurer at the time of the audit;
(b) A report on a form provided by the Department indicating the number of accidents, the number of claims submitted to be paid by the self-insurer, the amount of each claim, the amount paid to a claimant if the claim has been adjudicated and the adjusting companies which have settled claims on behalf of the self-insurer; and
(c) A complete listing of vehicles actively registered in this State in the name of the self-insurer on a form approved by the Department.
Ê Each self-insurer shall submit these reports no earlier than 60 days before and no later than 15 days before the date of expiration of its certificate of self-insurance.
2. A self-insurer may settle its own claims or use the services of an adjusting company licensed in accordance with chapter 684A of NRS to settle claims on its behalf. If the self-insurer uses an adjusting company to settle claims, an affidavit must be included with the reports submitted pursuant to subsection 1 which lists all companies that settled claims during the reporting period.
[Dep’t of Motor Veh., Self-insurance Reg. § XII, eff. 4-29-82]—(NAC A by R162-01, 2-12-2002; R164-03, 10-31-2005)
NAC 485.115 Change in ownership or control of self-insurer. (NRS 485.130, 485.380)
1. A self-insurer shall notify the Department not less than 60 days before any change in ownership or control. The Department will maintain the confidentiality of the notification and all related documents that it receives, unless otherwise required by a specific statute or a court of competent jurisdiction.
2. If the Department receives notification from a self-insurer of a change in ownership or control, the Department may require the self-insurer to file a new application for self-insurance.
(Added to NAC by Dep’t of Motor Veh. by R164-03, eff. 10-31-2005)
NAC 485.120 Cancellation of certificate. (NRS 485.130, 485.380)
1. The Department may cancel the certificate of self-insurance of a self-insurer if:
(a) The self-insurer no longer has security in a form acceptable pursuant to NAC 485.090;
(b) The self-insurer no longer has security in the amount determined by the Department pursuant to NAC 485.080;
(c) The self-insurer fails to increase the amount of security to the required amount within 30 days after receiving notice from the Department of a required increase;
(d) The self-insurer fails to pay a judgment within 30 days after it becomes final;
(e) The self-insurer submits false information in the application for self-insurance;
(f) The self-insurer fails to submit or falsifies any report required pursuant to NAC 485.110;
(g) The self-insurer fails to comply with any provision of NRS 686A.310 or NAC 686A.600 to 686A.680, inclusive, an order of the Commissioner of Insurance in any informal or administrative hearing or an order of any court;
(h) The number of vehicles actively registered in this State in the name of the self-insurer drops below 11; or
(i) The self-insurer fails to comply with any provision of this chapter or NRS 485.380.
2. If the Department cancels the certificate of self-insurance of a self-insurer:
(a) The Department will send notice of the cancellation, including the reason for the cancellation, to the self-insurer by certified mail; and
(b) The self-insurer shall comply with the requirements concerning liability insurance set forth in NRS 485.185.
[Dep’t of Motor Veh., Self-insurance Reg. § XIII, eff. 4-29-82]—(NAC A by R164-03, 10-31-2005)
VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY
NAC 485.150 “Amended,” “issued” and “terminated” interpreted. (NRS 485.130, 485.313, 485.314) As used in NAC 485.150 to 485.190, inclusive:
1. “Amended” means:
(a) The addition or removal of a motor vehicle from a motor vehicle liability policy;
(b) The addition or removal of a named insured from a motor vehicle liability policy; or
(c) The correction of erroneous information within a motor vehicle liability policy.
2. “Issued” means:
(a) Issuance of a new motor vehicle liability policy; or
(b) Reinstatement of a motor vehicle liability policy after there has been a lapse in coverage.
3. “Terminated” means:
(a) The expiration of a motor vehicle liability policy;
(b) The nonrenewal of a motor vehicle liability policy; or
(c) The cancellation of a motor vehicle liability policy by the insurance company that issued the policy,
Ê whether such expiration, nonrenewal or cancellation applies to one or all of the motor vehicles covered under the policy.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R176-97, eff. 6-4-98; A by Dep’t of Motor Veh. by R171-09, 4-20-2010)
NAC 485.151 Designation of person responsible for maintaining insurance; suspension of registration. (NRS 481.051, 482.160, 485.130)
1. For each motor vehicle registered in this State, at least one registered owner shall designate himself or herself at the time of registration as responsible for maintaining insurance on the motor vehicle pursuant to NRS 485.317 and subject to the penalties prescribed in NRS 482.557 using a form prescribed by the Department. The registered owner who is so designated may change the designation to another registered owner of the motor vehicle by notifying the Department on a form provided by the Department.
2. For the purpose of enforcing NRS 482.557, the Department will maintain a record of each suspension of registration pursuant to NRS 485.317 for at least 5 years following a reinstatement from that suspension. If a subsequent suspension of registration occurs pursuant to NRS 485.317 within 5 years after the date of a reinstatement, the subsequent suspension will be treated as a subsequent offense for the purpose of NRS 482.557.
3. A certificate of financial responsibility required to be filed pursuant to NRS 482.557 is not transferable.
4. A registered owner may request a hearing for a suspension of registration pursuant to NRS 485.317 or a suspension of his or her driver’s license pursuant to NRS 482.557 caused by a lack or lapse of insurance by completing a form provided by the Department within 30 days after the date on which the notice of suspension was sent by the Department pursuant to subsection 3 of NRS 485.317. The registered owner must submit evidence of current insurance valid in Nevada when requesting a hearing. A hearing will not be granted for consideration of additional time to obtain money to pay any fee or fine or to resolve any dispute with the insurance company.
5. In addition to any other information, the Department will count all days on which a motor vehicle was not covered by a policy of liability insurance when assessing a penalty to reinstate the registration pursuant to NRS 482.557. If there are additional dates not included in the original request for information on which the motor vehicle was not covered by a policy of liability insurance, those days will also be counted for the purpose of assessing any penalty pursuant to NRS 482.557.
(Added to NAC by Dep’t of Motor Veh. by R126-11, eff. 5-30-2012)
NAC 485.153 Notification to Department by owner of motor vehicle of issuance, amendment or termination of insurance; submission to Department by insurer of record of motor vehicle liability policy issued or amended. (NRS 485.130, 485.313, 485.314)
1. If a motor vehicle liability policy covering a motor vehicle that is required to be registered in this State pursuant to NRS 482.205 is issued, amended or terminated, the owner of the motor vehicle shall notify the Department not later than 7 days after the issuance, amendment or termination of the policy.
2. The notice required by subsection 1 must be in the form prescribed by the Department and include, without limitation:
(a) The company code assigned to the insurer by the National Association of Insurance Commissioners or the name of the insurer as it appears on the evidence of insurance provided to the owner by the insurer;
(b) The policy number;
(c) The effective date of the policy or the amendment to the policy;
(d) The expiration or termination date of the policy; and
(e) Any other information required by the Department.
3. An authorized agent of the owner of the motor vehicle may submit, on behalf of the owner, the notice required by subsection 1 or any additional information to amend or correct any information previously submitted to the Department.
4. Not later than the seventh day of each month, an insurer shall submit to the Department, using the procedure and format prescribed on the Internet website of the Department at www.dmvnv.com/insuranceagents.htm, a record for each motor vehicle liability policy covering a motor vehicle that is required to be registered in this State pursuant to NRS 482.205 that was issued or amended by the insurer during the previous month.
5. If the record submitted by the insurer does not comply with the requirements of subsection 4, the Department will delete the record and send an electronic mail message to the insurer notifying the insurer that it must resubmit the record using the procedure and format required pursuant to subsection 4 within 5 business days after the date on which the notice is sent.
(Added to NAC by Dep’t of Motor Veh. by R171-09, eff. 4-20-2010; A by R045-12, 11-1-2012)
NAC 485.155 Contents of record provided by insurer. (NRS 485.130, 485.313, 485.314)
1. An insurer that is required to maintain a record of a motor vehicle liability policy pursuant to subsection 1 of NRS 485.314 shall ensure that the record includes:
(a) The full legal name of each natural person, company or other entity that is added to or removed from the motor vehicle liability policy;
(b) The identification number of each named insured that is added to or removed from the motor vehicle liability policy, if the named insured is:
(1) A natural person who is a resident of this State and is covered by an operator’s policy of liability insurance or who owns or operates a fleet of vehicles; or
(2) A company or other legal entity that owns or operates a fleet of vehicles;
(c) The vehicle identification number of each motor vehicle, other than a vehicle that is registered as part of a fleet of vehicles and described in paragraph (b) of subsection 5 of NRS 482.215, that is added to or removed from the motor vehicle liability policy;
(d) The company code assigned to the insurer by the National Association of Insurance Commissioners;
(e) The number, effective date and expiration or termination date of the policy;
(f) The identification of the policy as:
(1) An owner’s policy for the payment of tort liabilities arising from the maintenance or use of a motor vehicle as described in NRS 485.185;
(2) An operator’s policy of liability insurance as described in NRS 485.186; or
(3) A policy for the payment of tort liabilities arising from the maintenance or use of a motor vehicle issued to a natural person, company or other entity that owns or operates a fleet of motor vehicles;
(g) Data that identifies any incorrect information that the insurer provided to the Department previously, accompanied by new and accurate information; and
(h) Any other information required by the Department.
2. As used in this section, “identification number” means:
(a) The Nevada driver’s license number of a natural person.
(b) The federal employer identification number of a company or other legal entity.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R176-97, eff. 6-4-98; A by Dep’t of Motor Veh. by R171-09, 4-20-2010)
NAC 485.157 Electronic query by Department requesting verification of insurance: Contents; response by insurer. (NRS 485.130, 485.313, 485.314)
1. An electronic query by the Department requesting an insurer to verify a motor vehicle liability policy through a system created pursuant to NRS 485.313 will include, without limitation:
(a) The full legal name of the owner of the motor vehicle that is the subject of the query;
(b) The vehicle identification number of the motor vehicle that is the subject of the query;
(c) The policy number; and
(d) The company code assigned to the insurer by the National Association of Insurance Commissioners.
2. Upon receipt of such a query from the Department, an insurer shall transmit a response using the system to the Department within the period set forth in the list of specifications published by the Department.
3. The response to the query by the insurer must indicate that the insurer confirms the validity of the insurance or that the validity of the insurance is unconfirmed.
4. A statement that the insurance is confirmed must be provided if:
(a) Information included in the query transmitted by the Department matches information maintained by the insurer which indicates that the insurer has issued or amended a motor vehicle liability policy that covers the vehicle which is the subject of the query;
(b) The motor vehicle liability policy identified in the query:
(1) Meets the requirements set forth in NRS 485.185; and
(2) Is effective on the date specified in the query; and
(c) The insurer:
(1) Is 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) Has provided evidence of insurance to the insured as required by NRS 690B.023.
5. If an insurer responds to a query that the insurance is unconfirmed, the insurer may include in its response a reason why the query is unconfirmed. The reason must be identified in conformity with the list of specifications published by the Department.
(Added to NAC by Dep’t of Motor Veh. by R171-09, eff. 4-20-2010)
NAC 485.160 Form of record submitted by insurer. (NRS 485.130, 485.313, 485.314) An insurer that:
1. Insures motor vehicles which are registered in this State; or
2. Issues motor vehicle liability policies that do not describe specific vehicles to:
(a) Companies who own or operate a fleet of vehicles and whose place of business is located in this State; or
(b) Residents of this State who own or operate a fleet of vehicles,
Ê shall maintain each record required pursuant to NRS 485.314 and submit records in accordance with a list of specifications published by the Department when requested by the Department.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R176-97, eff. 6-4-98; A by Dep’t of Motor Veh. by R162-01, 3-26-2002; R171-09, 4-20-2010; R126-11, 5-30-2012)
NAC 485.175 Noncompliance of insurer to maintain and provide access to the Department to certain records or to submit records. (NRS 485.130, 485.313, 485.314)
1. If on two or more occasions within a 12-month period:
(a) The system maintained by an insurer to respond to an electronic query by the Department requesting the insurer to verify a motor vehicle liability policy:
(1) Is unavailable and the insurer fails to notify the Department; or
(2) Is unavailable for a total of 24 hours or more during a month; or
(b) An insurer:
(1) Fails to submit records required pursuant to NAC 485.160;
(2) Fails to maintain the information required to be included in a record pursuant to NAC 485.155;
(3) Confirms a motor vehicle liability policy which does not meet the requirements set forth in NRS 485.185 or 485.186;
(4) Fails to submit a record using the procedure and format prescribed on the Internet website of the Department at www.dmvnv.com/insuranceagents.htm; or
(5) Violates any other provision of this chapter relating to the maintenance of or access to records pursuant to NRS 485.314,
Ê the Department will consider the insurer to be in noncompliance with the provisions of NRS 485.314.
2. If the Department determines pursuant to subsection 1 that an insurer is in noncompliance with NRS 485.314, the Department will notify the Commissioner of Insurance and will not provide to that insurer, until the Department determines that the insurer is in compliance with NRS 485.314, information regarding:
(a) A driver’s license;
(b) The registration of a vehicle; or
(c) The title of a vehicle.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R176-97, eff. 6-4-98; A by Dep’t of Motor Veh. by R171-09, 4-20-2010; R126-11, 5-30-2012; R045-12, 11-1-2012)
NAC 485.180 Discontinuance by insurer of practice of issuing and renewing motor vehicle liability policies. (NRS 485.130, 485.313, 485.314)
1. If an insurer decides that it will discontinue the practice of issuing and renewing motor vehicle liability policies within this State, the insurer shall, within 30 days after making such a decision:
(a) Notify the Department of that decision on a form provided by the Department; and
(b) Submit to the Department a record which contains the date of expiration of each motor vehicle liability policy that the insurer has issued for a vehicle that is registered in this State.
2. If the insurer fails to submit a record required pursuant to subsection 1, the Department will:
(a) Deem the date of expiration of each such motor vehicle liability policy to be 30 days after the date of the notice provided pursuant to subsection 1; and
(b) Notify the Commissioner of Insurance that the insurer failed to comply with this section.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R176-97, eff. 6-4-98; A by Dep’t of Motor Veh. by R171-09, 4-20-2010)
NAC 485.185 Suspension of registration: Reinstatement of registration of dormant vehicle. (NRS 485.130, 485.317)
1. If the registered owner of a motor vehicle for which the registration has been suspended pursuant to NRS 485.317 wishes to pay the reduced fee of $50 to reinstate the registration of the vehicle pursuant to paragraph (b) of subsection 6 of NRS 482.480 on the ground that the vehicle was a dormant vehicle, the registered owner must present proof satisfactory to the Department that the vehicle was dormant because of mechanical circumstances or seasonal circumstances. Satisfactory proof may include, without limitation:
(a) For mechanical circumstances:
(1) Receipts for repairs to the vehicle from a garage or mechanic; or
(2) Receipts for parts if repairs to the vehicle were completed by any other person.
(b) For seasonal circumstances:
(1) Receipts for the storage of the vehicle from a storage facility; or
(2) If the vehicle was stored on private property, an affidavit from the owner of the private property setting forth that the vehicle was stored on the property.
2. As used in this section:
(a) “Mechanical circumstances” has the meaning ascribed to it in NAC 485.028.
(b) “Seasonal circumstances” has the meaning ascribed to it in NAC 485.028.
(Added to NAC by Dep’t of Motor Veh. by R162-01, eff. 3-26-2002)
NAC 485.190 Suspension of registration: Reinstatement of registration or rescission of suspension on ground of extenuating circumstances. (NRS 485.130, 485.313, 485.314, 485.317)
1. If the registered owner of a motor vehicle for which the registration has been suspended pursuant to NRS 485.317 wishes to pay the reduced fee of $50 to reinstate the registration of the vehicle pursuant to paragraph (a) of subsection 7 of NRS 485.317, or to have the suspension of the registration of the vehicle rescinded without the payment of a fee pursuant to paragraph (b) of subsection 7 of NRS 485.317, on the ground of extenuating circumstances, the registered owner must present proof satisfactory to the Department that extenuating circumstances existed which prevented the registered owner from renewing the policy of liability insurance covering the vehicle. The proof presented must cover the period specified by the Department and be acceptable to the Department.
2. The Department will not rescind the suspension of the registration of a motor vehicle without the payment of a fee on the ground of extenuating circumstances for a registered owner more than once. The Department will notify the registered owner at the time the suspension is rescinded of the provisions of NRS 485.320, which requires surrender of the registration of the vehicle on or before the date on which the policy of liability insurance covering the vehicle is cancelled or expires.
3. As used in this section, “extenuating circumstances” means that the motor vehicle was neither insured nor operated during a specific period because of circumstances beyond the control of the registered owner that are acceptable to the Department, including, without limitation, the hospitalization of the registered owner, the serious illness or death of a member of the immediate family of the registered owner, or any other catastrophic event.
(Added to NAC by Dep’t of Motor Veh. by R162-01, eff. 3-26-2002; A by R171-09, 4-20-2010)
