S.B. 5
Senate Bill No. 5–Joint Rules Committee
Prefiled June 13, 2001
____________
Referred to Committee of the Whole
SUMMARY—Makes various changes relating to insurance for motor vehicles. (BDR 43‑4)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 482.480 is hereby amended to read as follows:
1-2 482.480 There must be paid to the department for the registration or
1-3 the transfer or reinstatement of the registration of motor vehicles, trailers
1-4 and semitrailers, fees according to the following schedule:
1-5 1. Except as otherwise provided in this section, for each stock
1-6 passenger car and each reconstructed or specially constructed passenger car
1-7 registered to a person, regardless of weight or number of passenger
1-8 capacity, a fee for registration of $33.
1-9 2. Except as otherwise provided in subsection 3:
1-10 (a) For each of the fifth and sixth such cars registered to a person, a fee
1-11 for registration of $16.50.
1-12 (b) For each of the seventh and eighth such cars registered to a person, a
1-13 fee for registration of $12.
1-14 (c) For each of the ninth or more such cars registered to a person, a fee
1-15 for registration of $8.
1-16 3. The fees specified in subsection 2 do not apply:
1-17 (a) Unless the person registering the cars presents to the department at
1-18 the time of registration the registrations of all of the cars registered to him.
1-19 (b) To cars that are part of a fleet.
1-20 4. For every motorcycle, a fee for registration of $33 and for each
1-21 motorcycle other than a trimobile, an additional fee of $6 for motorcycle
2-1 safety. The additional fee must be deposited in the state highway fund for
2-2 credit to the account for the program for the education of motorcycle
2-3 riders.
2-4 5. For each transfer of registration, a fee of $6 in addition to any other
2-5 fees.
2-6 6. Except as otherwise provided in subsection [8] 9 of NRS 485.317,
2-7 to reinstate the registration of a motor vehicle suspended pursuant to that
2-8 section:
2-9 (a) A fee of $250 for a registered owner who failed to have insurance on
2-10 the date specified in the form for verification that was mailed by the
2-11 department pursuant to subsection [2] 3 of NRS 485.317; or
2-12 (b) A fee of $50 for a registered owner of a dormant vehicle who
2-13 canceled the insurance coverage for that vehicle or allowed the insurance
2-14 coverage for that vehicle to expire without first canceling the registration
2-15 for the vehicle in accordance with subsection 3 of
2-16 NRS 485.320,
2-17 both of which must be deposited in the account for verification of
2-18 insurance which is hereby created in the state highway fund. The money in
2-19 the account must be used to carry out the provisions of NRS 485.313 to
2-20 485.318, inclusive.
2-21 7. For every travel trailer, a fee for registration of $27.
2-22 8. For every permit for the operation of a golf cart, an annual fee of
2-23 $10.
2-24 9. For every low-speed vehicle, as that term is defined in
2-25 NRS 484.527, a fee for registration of $33.
2-26 10. To reinstate the registration of a motor vehicle that is suspended
2-27 pursuant to NRS 482.451, a fee of $33.
2-28 Sec. 2. NRS 485.186 is hereby amended to read as follows:
2-29 485.186 1. Except as otherwise provided in subsection [6,] 7, any
2-30 natural person may satisfy the requirements of NRS 485.185 by obtaining,
2-31 in lieu of an owner’s policy of liability insurance, an operator’s policy of
2-32 liability insurance which meets the requirements of this section and NRS
2-33 485.3091.
2-34 2. An operator’s policy of liability insurance may only be issued to a
2-35 person if:
2-36 (a) The number of motor vehicles that he owns is greater than the
2-37 number of persons in his household who possess a driver’s license; and
2-38 (b) Each person in his household who possesses a driver’s license is
2-39 covered by an operator’s policy of liability insurance.
2-40 3. An operator’s policy of liability insurance must state, in addition to
2-41 the requirements of NRS 485.3091, that:
2-42 (a) The insurer is only liable under the policy for liability incurred by
2-43 the insured while the named insured is the operator of a motor vehicle or
2-44 while a motor vehicle owned by the insured is not being operated by any
2-45 person;
2-46 (b) The policy does not provide coverage for any vicarious liability
2-47 imposed on the owner of the motor vehicle as a result of the operation by
2-48 another person of a motor vehicle owned by the insured or for any liability
2-49 imposed by NRS 41.440 or 483.300; and
3-1 (c) The coverage provided by the policy may not meet the requirements
3-2 of the financial responsibility laws of other states,
3-3 unless such extended coverage is expressly included in the policy. No
3-4 operator’s policy of liability insurance may be delivered or issued for
3-5 delivery in this state unless the insured has signed an endorsement stating
3-6 that he has read and understood the policy and its limitations.
3-7 [3.] 4. An owner of a motor vehicle which is registered or required to
3-8 be registered in this state and who holds an operator’s policy of liability
3-9 insurance shall not permit another person to operate his motor vehicle if the
3-10 owner knows or should have known that the person does not have liability
3-11 insurance to cover his own operation of that motor vehicle.
3-12 [4.] 5. An operator’s policy of liability insurance must not provide
3-13 coverage for damages incurred while a person other than the named
3-14 insured is operating a motor vehicle.
3-15 [5.] 6. An operator’s policy of liability insurance must provide
3-16 coverage for liability incurred by the insured while a motor vehicle owned
3-17 by the insured is not being operated by any person.
3-18 [6.] 7. This section does not apply to a lessor, dealer, manufacturer,
3-19 rebuilder or distributor of a motor vehicle, an owner of a fleet, a common,
3-20 contract or private motor carrier or any other employer who owns a motor
3-21 vehicle for use in his business.
3-22 Sec. 3. NRS 485.316 is hereby amended to read as follows:
3-23 485.316 1. Except as otherwise provided in subsections 2 and 3,
3-24 information which is maintained in the database created pursuant to
3-25 NRS 485.313 is confidential.
3-26 2. The department may only disclose information which is maintained
3-27 in the database, upon request, to a state or local governmental agency for
3-28 the purpose of enforcing NRS 485.185, including investigating or litigating
3-29 a violation or alleged violation.
3-30 3. The department may only disclose information retrieved from the
3-31 database to:
3-32 (a) A person who requests information regarding his own status;
3-33 (b) The parent or legal guardian of the person about whom the
3-34 information is requested if the person is an unemancipated minor or legally
3-35 incapacitated;
3-36 (c) A person who has a power of attorney from the person about whom
3-37 the information is requested;
3-38 (d) A person who submits a notarized release from the person about
3-39 whom the information is requested which is dated no more than 90 days
3-40 before the date of the request; or
3-41 (e) A person who has suffered a loss or injury in an accident involving a
3-42 motor vehicle , or his authorized insurer or a representative of his
3-43 authorized insurer, who requests [information] :
3-44 (1) Information for use in the accident report[.] ; and
3-45 (2) For each motor vehicle involved in the accident:
3-46 (I) The name and address of each registered owner;
3-47 (II) The name of the insurer; and
3-48 (III) The number of the policy of liability insurance.
4-1 4. A person who knowingly violates the provisions of this section is
4-2 guilty of a category D felony and shall be punished as provided in
4-3 NRS 193.130.
4-4 5. As used in this section, “authorized insurer” has the meaning
4-5 ascribed to it in NRS 679A.030.
4-6 Sec. 4. NRS 485.317 is hereby amended to read as follows:
4-7 485.317 1. [The] Subject to the limitations set forth in this
4-8 subsection and subsection 2, the department shall, at least monthly,
4-9 compare the current registrations of motor vehicles to the information in
4-10 the database created pursuant to NRS 485.313 to verify that each motor
4-11 vehicle:
4-12 (a) Which is newly registered in this state; or
4-13 (b) For which a policy of liability insurance has been issued, amended
4-14 or terminated,
4-15 is covered by a policy of liability insurance as required by NRS 485.185. In
4-16 identifying a motor vehicle for verification pursuant to this subsection, the
4-17 department [shall,] may, if the motor vehicle was manufactured during or
4-18 after 1981, use only the last eight digits of the vehicle identification
4-19 number . [, in whole or in part.] In comparing the vehicle identification
4-20 number of a motor vehicle to the vehicle identification number in a
4-21 policy of liability insurance, to determine if the two vehicle identification
4-22 numbers match, the department may find that the two vehicle
4-23 identification numbers match if no fewer than seven of the last eight
4-24 digits of the two vehicle identification numbers match.
4-25 2. [The] Except as otherwise provided in this subsection, the
4-26 department may use any information to verify, pursuant to subsection 1,
4-27 whether the motor vehicle is covered by a policy of liability insurance as
4-28 required by NRS 485.185. The department may not use the name of the
4-29 owner of a motor vehicle as the primary means of verifying that a motor
4-30 vehicle is covered by a policy of liability insurance.
4-31 3. If, pursuant to subsection 1, the department determines that a
4-32 motor vehicle is not covered by a policy of liability insurance as required
4-33 by NRS 485.185, the department shall send a form for verification by first-
4-34 class mail to each registered owner that it determines has not maintained
4-35 the insurance reqired by NRS 485.185. The owner shall complete the form
4-36 with all the information which is requested by the department, including
4-37 whether he carries an owner’s or operator’s policy of liability insurance or
4-38 a certificate of self-insurance, and return the completed form within 20
4-39 days after the date on which the form was mailed by the department. If the
4-40 department does not receive the completed form within 20 days after it
4-41 mailed the form to the owner, the department shall send to the owner a
4-42 second form for verification by certified mail. The owner shall complete
4-43 the form and return it to the department within 15 days after the date on
4-44 which it was sent by the department. This subsection does not prohibit an
4-45 authorized agent of the owner from providing to the department:
4-46 (a) The information requested by the department pursuant to this
4-47 subsection.
4-48 (b) Additional information to amend or correct information already
4-49 submitted to the department pursuant to this subsection.
5-1 [3.] 4. When the department receives a completed form for
5-2 verification , it shall verify the information on the form.
5-3 [4.] 5. The department shall suspend the registration and require the
5-4 return to the department of the license plates of any vehicle for which:
5-5 (a) Neither of the forms for verification set forth in subsection [2] 3 is
5-6 returned to the department by the registered owner or his authorized agent
5-7 within the period specified in that subsection;
5-8 (b) Either of the forms for verification set forth in subsection [2] 3 is
5-9 returned to the department by the registered owner or his authorized agent
5-10 and the department is not able to verify the information on the form; or
5-11 (c) Either of the forms for verification set forth in subsection [2] 3 is
5-12 returned by the registered owner or his authorized agent with an admission
5-13 of having no insurance or without indicating an insurer or the number of a
5-14 motor vehicle liability policy or a certificate of self-insurance.
5-15 [5.] 6. If the department suspends a registration pursuant to subsection
5-16 [4] 5 because:
5-17 (a) Neither the owner nor his authorized agent returned a form for
5-18 verification within the specified period or the owner or his authorized agent
5-19 returned a form for verification that was not completed sufficiently, and the
5-20 owner or his authorized agent, thereafter:
5-21 (1) Proves to the satisfaction of the department that there was a
5-22 justifiable cause for his failure to do so;
5-23 (2) Submits a completed form regarding his insurance on the date
5-24 stated in the form mailed by the department pursuant to subsection [2;] 3;
5-25 and
5-26 (3) Presents evidence of current insurance; or
5-27 (b) The owner or his authorized agent submitted to the department a
5-28 form for verification containing information that the department was
5-29 unable to verify and, thereafter, the owner or his authorized agent presents
5-30 to the department:
5-31 (1) A corrected form or otherwise verifiable evidence setting forth
5-32 that the owner possessed insurance on the date stated in the form; and
5-33 (2) Evidence of current insurance,
5-34 the department shall rescind its suspension of the registration if it is able to
5-35 verify the information on the form or the other evidence presented. The
5-36 department shall not charge a fee to reinstate a registration, the suspension
5-37 of which was rescinded pursuant to this subsection. For the purposes of this
5-38 subsection, “justifiable cause” may include, but is not limited to, the fact
5-39 that the owner did not receive the form mailed by the department pursuant
5-40 to subsection [2.] 3.
5-41 [6.] 7. Except as otherwise provided in [subsection 7,] subsections 8
5-42 and 9, if a registered owner whose registration is suspended pursuant to
5-43 subsection [4,] 5, failed to have insurance on the date specified in the form
5-44 for verification, the department shall reinstate the registration of the vehicle
5-45 and reissue the license plates only upon filing by the registered owner of
5-46 evidence of current insurance and payment of the fee for reinstatement of
5-47 registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.
5-48 [7.] 8. If a registered owner proves to the satisfaction of the department
5-49 that his vehicle was a dormant vehicle during the period in which the
6-1 information provided pursuant to NRS 485.314 indicated that there was no
6-2 insurance for the vehicle, the department shall reinstate his registration and,
6-3 if applicable, reissue his license plates. If such an owner of a dormant
6-4 vehicle failed to cancel the registration for the vehicle in accordance with
6-5 subsection 3 of NRS 485.320, the department shall not reinstate his
6-6 registration or reissue his license plates unless the owner pays the fee set
6-7 forth in paragraph (b) of subsection 6 of NRS 482.480.
6-8 [8.] 9. If the department suspends the registration of a motor vehicle
6-9 pursuant to subsection [4] 5 because the registered owner of the motor
6-10 vehicle failed to have insurance on the date specified in the form for
6-11 verification, and if the registered owner, in accordance with regulations
6-12 adopted by the department, proves to the satisfaction of the department that
6-13 he was unable to comply with the provisions of NRS 485.185 on that date
6-14 because of extenuating circumstances, the department may:
6-15 (a) Reinstate the registration of the motor vehicle and reissue the license
6-16 plates upon payment by the registered owner of a fee of $50, which must
6-17 be deposited in the account for verification of insurance created by
6-18 subsection 6 of NRS 482.480; or
6-19 (b) Rescind the suspension of the registration without the payment of a
6-20 fee.
6-21 The department shall adopt regulations to carry out the provisions of this
6-22 subsection.
6-23 [9.] 10. For the purposes of verification of insurance by the department
6-24 pursuant to this section, a [registered owner shall not] motor vehicle shall
6-25 be deemed to [have failed to maintain] be covered by liability insurance
6-26 [for a motor vehicle] unless the motor vehicle is without coverage for a
6-27 period of more than 7 days.
6-28 Sec. 5. 1. This section and section 3 of this act become effective on
6-29 July 1, 2001.
6-30 2. Sections 1, 2 and 4 of this act become effective on January 1, 2002.
6-31 H