Assembly Bill No. 272–Committee on Transportation
(On Behalf of Judges Association)
February 17, 1999
____________
Referred to Committee on Transportation
SUMMARY—Revises provisions regarding requirements for liability insurance for motor vehicle that is registered or required to be registered in Nevada. (BDR 43-572)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 482.215 is hereby amended to read as follows: 482.215 1. All applications for registration, except applications for1-3
renewal of registration, must be made as provided in this section.1-4
2. Applications for all registrations, except renewals of registration,1-5
must be made in person, if practicable, to any office or agent of the1-6
department or to a registered dealer.1-7
3. Each application must be made upon the appropriate form furnished1-8
by the department and contain:1-9
(a) The signature of the owner.1-10
(b) His residential address.1-11
(c) His declaration of the county where he intends the vehicle to be1-12
based, unless the vehicle is deemed to have no base. The department shall1-13
use this declaration to determine the county to which the privilege tax is to1-14
be paid.2-1
(d) A brief description of the vehicle to be registered, including the2-2
name of the maker, the engine, identification or serial number, whether the2-3
vehicle is new or used and the last license number, if known, and the state2-4
in which it was issued, and2-5
date of sale by the manufacturer or franchised and licensed dealer in this2-6
state for the make to be registered to the person first purchasing or2-7
operating the vehicle.2-8
(e) Proof satisfactory to the department or registered dealer that the2-9
applicant has provided the insurance required by NRS 485.185 and his2-10
signed declaration that he will maintain the insurance during the period of2-11
registration.2-12
(f) If the insurance is provided by a contract of insurance, evidence of2-13
that insurance provided by the insurer in the form of:2-14
(1) A certificate of insurance on a form approved by the2-15
commissioner of insurance; or2-16
(2) A2-17
the vehicle and indicates, at the time of application for registration,2-18
coverage which2-19
The department may file that evidence, return it to the applicant or2-20
otherwise dispose of it.2-21
(g) If required, evidence of the applicant’s compliance with controls2-22
over emission.2-23
4. The application must contain such other information as is required2-24
by the department or registered dealer, and must be accompanied by proof2-25
of ownership satisfactory to the department.2-26
5. For purposes of the proof, declaration and evidence required by2-27
paragraphs (e) and (f) of subsection 3:2-28
(a) Vehicles which are subject to the fee for a license and the2-29
requirements of registration of the Interstate Highway User Fee2-30
Apportionment Act, and which are based in this state, may be declared as a2-31
fleet by the registered owner thereof, on his original application for or2-32
application for renewal of a proportional registration. The owner may file a2-33
single certificate of insurance2-34
(b) Other fleets composed of 10 or more vehicles based in this state or2-35
vehicles insured under a blanket policy which does not identify individual2-36
vehicles may each be declared annually as a fleet by the registered owner2-37
thereof for the purposes of an application for his original or any renewed2-38
registration. The owner may file a single certificate of insurance2-39
for that fleet.2-40
(c) A person who qualifies as a self-insurer pursuant to the provisions of2-41
NRS 485.380 may file a copy of his certificate of self-insurance.3-1
3-2
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3-4
Sec. 2. Chapter 485 of NRS is hereby amended by adding thereto a3-5
new section to read as follows:3-6
1. An operator’s policy of liability insurance must state, in addition3-7
to the requirements of NRS 485.3091, that:3-8
(a) The insurer is only liable under the policy for liability incurred by3-9
the insured while the named insured is the operator of a motor vehicle or3-10
while a motor vehicle owned by the insured is not being operated by any3-11
person;3-12
(b) The policy does not provide coverage for any vicarious liability3-13
imposed on the owner of the motor vehicle as a result of the operation by3-14
another person of a motor vehicle owned by the insured or for any3-15
liability imposed by NRS 41.440 or 483.300; and3-16
(c) The coverage provided by the policy may not meet the3-17
requirements of the financial responsibility laws of other states,3-18
unless such extended coverage is expressly included in the policy. No3-19
operator’s policy of liability insurance may be delivered or issued for3-20
delivery in this state unless the insured has signed an endorsement3-21
stating that he has read and understood the policy and its limitations.3-22
2. An operator’s policy of liability insurance must not provide3-23
coverage for damages incurred while a person other than the named3-24
insured is operating a motor vehicle.3-25
3. An operator’s policy of liability insurance must provide coverage3-26
for liability incurred by the insured while a motor vehicle owned by the3-27
insured is not being operated by any person.3-28
Sec. 3. NRS 485.0335 is hereby amended to read as follows: 485.0335 "Dormant vehicle" means a motor vehicle:3-30
1. For which3-31
pursuant to this chapter; and3-32
2. That will not be operated for an extended period because of3-33
mechanical or seasonal circumstances.3-34
Sec. 4. NRS 485.034 is hereby amended to read as follows: 485.034 "Evidence of insurance" means:3-36
1. The form provided by an insurer pursuant to NRS 690B.023 as3-37
evidence of3-38
owner’s policy of liability insurance; or3-39
2. The certificate of self-insurance issued to a self-insurer by the3-40
3-41
Sec. 5. NRS 485.186 is hereby amended to read as follows: 485.1863-43
4-1
obtaining, in lieu of an owner’s policy of liability insurance, an operator’s4-2
policy of liability insurance .4-3
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Sec. 6. NRS 485.187 is hereby amended to read as follows: 485.187 1. Except as otherwise provided in subsection 5, the owner4-37
of a motor vehicle shall not:4-38
(a) Operate the motor vehicle, if it is registered or required to be4-39
registered in this state, without having insurance as required by NRS4-40
485.185.4-41
(b) Operate or knowingly permit the operation of the motor vehicle4-42
without having evidence of insurance of the operator or the vehicle in the4-43
vehicle.5-1
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an5-2
authorized representative of the department the evidence of insurance.5-3
(d) Knowingly permit the operation of the motor vehicle in violation of5-4
subsection 3 of NRS 485.186.5-5
2. A person shall not operate the motor vehicle of another person5-6
unless:5-7
(a) He first ensures that the required evidence of insurance is present in5-8
the motor vehicle; or5-9
(b) He has his own evidence of insurance which5-10
coverage for him as the operator of the motor vehicle.5-11
3. Except as otherwise provided in subsection 4, any person who5-12
violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise5-13
provided in this subsection, in addition to any other penalty, a person5-14
sentenced pursuant to this subsection shall be punished by a fine of not5-15
less than $6005-16
must be reduced to $100 for the first violation if the person obtains a motor5-17
vehicle liability policy5-18
liability insurance by the time of sentencing, unless:5-19
(a) The person has registered the vehicle as part of a fleet of vehicles5-20
pursuant to subsection 5 of NRS 482.215; or5-21
(b) The person has been issued a certificate of self-insurance pursuant to5-22
NRS 485.380.5-23
4. A court:5-24
(a) Shall not find a person guilty or fine a person for a violation of5-25
paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if5-26
he presents evidence to the court that the insurance required by NRS5-27
485.185 was in effect at the time demand was made for it.5-28
(b) Except as otherwise provided in paragraph (a), may impose a fine of5-29
not more than $1,000 for a violation of paragraph (a), (b) or (c) of5-30
subsection 1, and suspend a portion of the fine on the condition that the5-31
person presents proof to the court each month for 12 months that the5-32
insurance required by NRS 485.185 is5-33
5. The provisions of paragraphs (b) and (c) of subsection 1 do not5-34
apply if the motor vehicle in question displays a5-35
the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS5-36
482.396, 482.3965, 482.423 or 482.424 authorizing the movement or5-37
operation of that vehicle within5-38
Sec. 7. NRS 485.187 is hereby amended to read as follows:5-39
485.187 1. Except as otherwise provided in subsection 5, the owner5-40
of a motor vehicle shall not:5-41
(a) Operate the motor vehicle, if it is registered or required to be5-42
registered in this state, without having insurance as required by NRS5-43
485.185.6-1
(b) Operate or knowingly permit the operation of the motor vehicle6-2
without having evidence of insurance of the operator or the vehicle in the6-3
vehicle.6-4
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an6-5
authorized representative of the department the evidence of insurance.6-6
6-7
6-8
2. A person shall not operate the motor vehicle of another person6-9
unless:6-10
(a) He first ensures that the required evidence of insurance is present in6-11
the motor vehicle; or6-12
(b) He has his own evidence of insurance which provides coverage for6-13
him as the operator of the motor vehicle.6-14
3. Except as otherwise provided in subsection 4, any person who6-15
violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise6-16
provided in this subsection, in addition to any other penalty, a person6-17
sentenced pursuant to this subsection shall be punished by a fine of not less6-18
than $600 and not more than $1,000 for each violation. The fine must be6-19
reduced to $100 for the first violation if the person obtains6-20
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unless:6-22
(a) The person has registered the vehicle as part of a fleet of vehicles6-23
pursuant to subsection 5 of NRS 482.215; or6-24
(b) The person has been issued a certificate of self-insurance pursuant to6-25
NRS 485.380.6-26
4. A court:6-27
(a) Shall not find a person guilty or fine a person for a violation of6-28
6-29
2 if he presents evidence to the court that the insurance required by NRS6-30
485.185 was in effect at the time demand was made for it.6-31
(b) Except as otherwise provided in paragraph (a), may impose a fine of6-32
not more than $1,000 for a violation of6-33
subsection 1, and suspend a portion of the fine on the condition that the6-34
person presents proof to the court each month for 12 months that the6-35
insurance required by NRS 485.185 is in effect.6-36
5. The provisions of paragraphs (b) and (c) of subsection 1 do not6-37
apply if the motor vehicle in question displays a permit issued by the6-38
department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS6-39
482.396, 482.3965, 482.423 or 482.424 authorizing the movement or6-40
operation of that vehicle within this state for a limited time.6-41
Sec. 8. NRS 485.190 is hereby amended to read as follows: 485.190 1. If 20 days after the receipt of a report of an accident6-43
involving a motor vehicle within this state which has resulted in bodily7-1
injury or death, or damage to the property of any one person in excess of7-2
$750, the division does not have on file evidence satisfactory to7-3
division that the person who would otherwise be required to file security7-4
under subsection 2 of this section has been released from liability, has been7-5
finally adjudicated not to be liable or has executed an acknowledged7-6
written agreement providing for the payment of an agreed amount in7-7
installments with respect to all claims for injuries or damages resulting7-8
from the accident, the division shall upon request set the matter for a7-9
hearing as provided in NRS 485.191.7-10
2. The division shall, at any time after a determination adverse to an7-11
operator or owner pursuant to NRS 485.191, suspend the license of each7-12
operator and all registrations of each owner of a motor vehicle involved in7-13
such an accident, and, if the operator is a nonresident, the privilege of7-14
operating a motor vehicle within this state, and, if the owner is a7-15
nonresident, the privilege of the use within this state of any motor vehicle7-16
owned by him, unless the operator or owner, or both, deposit security in the7-17
sum so determined by the division. Notice of such a suspension must be7-18
sent by the division to the operator and owner not less than 10 days before7-19
the effective date of the suspension and must state the amount required as7-20
security.7-21
respect to the matters set forth in7-22
2 or 3 of NRS 485.200, the division shall take appropriate action as7-23
provided in this section after it receives correct information with respect to7-24
those matters.7-25
Sec. 9. NRS 485.200 is hereby amended to read as follows: 485.2007-27
suspension in NRS 485.190 to 485.300, inclusive, do not apply:7-28
7-29
accident a motor vehicle liability policy with respect to the motor vehicle7-30
involved in the accident;7-31
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a motor vehicle liability policy with respect to his operation of any motor7-33
vehicle;7-34
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from the accident is, in the judgment of the division, covered by any other7-36
form of liability insurance policy or a bond;7-37
7-38
485.380, or to any person operating a motor vehicle for the self-insured;7-39
7-40
accident wherein no injury or damage was caused to the person or property7-41
of7-42
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at the time of the accident;8-1
8-2
the vehicle was being operated without his permission, express or implied,8-3
or was parked by a person who had been operating the motor vehicle8-4
without permission; or8-5
8-6
the license and registration or nonresident’s operating privilege pursuant to8-7
NRS 485.190, there is filed with the division evidence satisfactory to8-8
the division that the person who would otherwise have to file security has8-9
been released from liability or has received a determination in his favor at a8-10
hearing conducted pursuant to NRS 485.191, or has been finally8-11
adjudicated not to be liable or has executed an acknowledged written8-12
agreement providing for the payment of an agreed amount in installments,8-13
with respect to all claims for injuries or damages resulting from the8-14
accident.8-15
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Sec. 10. NRS 485.280 is hereby amended to read as follows: 485.280 A deposit or any balance thereof must be returned to the8-23
depositor or his personal representative:8-24
1.8-25
8-26
adjudication of nonliability or an acknowledged agreement, in accordance8-27
with8-28
485.200; or8-29
2. If 2 years after the date of the accident or 1 year8-30
date of deposit of any security under NRS 485.230, whichever period is8-31
longer, the division is given reasonable evidence that there is no action8-32
pending and no judgment rendered in such an action left unpaid.8-33
Sec. 11. NRS 485.314 is hereby amended to read as follows: 485.314 1. On or before the 15th calendar day of each month, each8-35
insurer that has executed a contract of insurance for8-36
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department with a record of each such policy issued, amended or8-39
terminated in the previous month on the date the record is provided. The8-40
record must include:8-41
(a) The name or identification number of each insured named in the8-42
policy of insurance;9-1
(b) The make, year and vehicle identification number of each motor9-2
vehicle included in the policy of insurance;9-3
(c) The number, effective date and expiration date of the policy of9-4
insurance; and9-5
(d) Any other information required by the department.9-6
2. The record provided pursuant to subsection 1 must be submitted in a9-7
form approved by the department and may include, without limitation,9-8
magnetic tape or any other electronic medium deemed acceptable by the9-9
department.9-10
3. The department shall notify the commissioner of insurance if an9-11
insurer:9-12
(a) Fails to comply with subsection 1 or 2; or9-13
(b) In complying with subsection 1 or 2, provides to the department9-14
information that is false, incomplete or misleading.9-15
Sec. 12. NRS 485.317 is hereby amended to read as follows: 485.317 1. The department shall, at least monthly, compare the9-17
current registrations of motor vehicles to the information in the data base9-18
created pursuant to NRS 485.313 to verify that each motor vehicle:9-19
(a) Which is newly registered in this state; or9-20
(b) For which a policy of liability insurance has been issued, amended or9-21
terminated,9-22
is covered by9-23
In identifying a motor vehicle for verification pursuant to this subsection,9-24
the department shall, if the motor vehicle was manufactured during or after9-25
1981, use only the vehicle identification number, in whole or in part.9-26
2. The department shall send a form for verification by first-class mail9-27
to each registered owner that it determines has not maintained the insurance9-28
required by NRS 485.185. The owner shall complete the form with all the9-29
information which is requested by the department, including whether he9-30
carries an owner’s9-31
certificate of self-insurance, and return the completed form within 20 days9-32
after the date on which the form was mailed by the department. If the9-33
department does not receive the completed form within 20 days after it9-34
mailed the form to the owner, the department shall send to the owner a9-35
second form for verification by certified mail. The owner shall complete9-36
the form and return it to the department within 15 days after the date on9-37
which it was sent by the department.9-38
of this subsection do not prohibit an authorized agent of the owner from9-39
providing to the department:9-40
(a) The information requested by the department pursuant to this9-41
subsection.9-42
(b) Additional information to amend or correct information already9-43
submitted to the department pursuant to this subsection.10-1
3. When the department receives a completed form for verification , it10-2
shall verify the information on the form.10-3
4. The department shall suspend the registration and require the return10-4
to the department of the license plates of any vehicle for which:10-5
(a) Neither of the forms for verification set forth in subsection 2 is10-6
returned to the department by the registered owner or his authorized agent10-7
within the period specified in that subsection;10-8
(b) Either of the forms for verification set forth in subsection 2 is10-9
returned to the department by the registered owner or his authorized agent10-10
and the department is not able to verify the information on the form; or10-11
(c) Either of the forms for verification set forth in subsection 2 is10-12
returned by the registered owner or his authorized agent with an admission10-13
of having no insurance or without indicating an insurer or the number of a10-14
motor vehicle liability policy or a certificate of self-insurance.10-15
5. If the department suspends a registration pursuant to subsection 410-16
because:10-17
(a) Neither the owner nor his authorized agent returned a form for10-18
verification within the specified period or the owner or his authorized agent10-19
returned a form for verification that was not completed sufficiently, and the10-20
owner or his authorized agent, thereafter:10-21
(1) Proves to the satisfaction of the department that there was a10-22
justifiable cause for his failure to do so;10-23
(2) Submits a completed form regarding his insurance on the date10-24
stated in the form mailed by the department pursuant to subsection 2; and10-25
(3) Presents evidence of current insurance; or10-26
(b) The owner or his authorized agent submitted to the department a10-27
form for verification containing information that the department was unable10-28
to verify and, thereafter, the owner or his authorized agent presents to the10-29
department:10-30
(1) A corrected form or otherwise verifiable evidence setting forth10-31
that the owner possessed insurance on the date stated in the form; and10-32
(2) Evidence of current insurance,10-33
the department shall rescind its suspension of the registration if it is able to10-34
verify the information on the form or the other evidence presented. The10-35
department shall not charge a fee to reinstate a registration, the suspension10-36
of which was rescinded pursuant to this subsection. For the purposes of this10-37
subsection, "justifiable cause" may include, but is not limited to, the fact10-38
that the owner did not receive the form mailed by the department pursuant10-39
to subsection 2.10-40
6. Except as otherwise provided in subsection 7, if a registered owner10-41
whose registration is suspended pursuant to subsection 4, failed to have10-42
insurance on the date specified in the form for verification, the department10-43
shall reinstate the registration of the vehicle and reissue the license plates11-1
only upon filing by the registered owner of evidence of current insurance11-2
and payment of the fee for reinstatement of registration prescribed in11-3
paragraph (a) of subsection 6 of NRS 482.480.11-4
7. If a registered owner proves to the satisfaction of the department that11-5
his vehicle was a dormant vehicle during the period in which the11-6
information provided pursuant to NRS 485.314 indicated that there was no11-7
insurance for the vehicle, the department shall reinstate his registration and,11-8
if applicable, reissue his license plates. If such an owner of a dormant11-9
vehicle failed to cancel the registration for the vehicle in accordance with11-10
subsection 3 of NRS 485.320, the department shall not reinstate his11-11
registration or reissue his license plates unless the owner pays the fee set11-12
forth in paragraph (b) of subsection 6 of NRS 482.480.11-13
8. For the purposes of verification of insurance by the department11-14
pursuant to this section, a registered owner shall not be deemed to have11-15
failed to maintain11-16
is without coverage for11-17
Sec. 13. NRS 690B.023 is hereby amended to read as follows: 690B.023 If insurance for the operation of a motor vehicle required11-19
pursuant to NRS 485.185 is provided by11-20
liability insurance, the insurer shall:11-21
1. Provide evidence of insurance to the insured on a form approved by11-22
the commissioner. The evidence of insurance must include:11-23
(a) The name and address of the policyholder;11-24
(b) The name and address of the insurer;11-25
(c) The year, make and complete identification number of the insured11-26
vehicle or vehicles;11-27
(d) The term of the insurance, including the day, month and year on11-28
which the policy:11-29
(1) Becomes effective; and11-30
(2) Expires;11-31
(e) The number of the policy;11-32
(f) A statement that the coverage11-33
requirements set forth in NRS 485.185; and11-34
(g) The statement "This card must be carried in the insured motor11-35
vehicle for production upon demand." The statement must be prominently11-36
displayed.11-37
2. Provide new evidence of insurance if:11-38
(a) The information regarding the insured vehicle or vehicles required11-39
pursuant to paragraph (c) of subsection 1 no longer is accurate;11-40
(b) An additional motor vehicle is added to the policy;11-41
(c) A new number is assigned to the policy; or11-42
(d) The insured notifies the insurer that the original evidence of11-43
insurance has been lost.12-1
Sec. 14. Each insurer who has issued operators’ policies of liability12-2
insurance pursuant to NRS 485.186 and 485.3091 for the purpose of12-3
complying with the requirements of NRS 485.185 which are in effect on12-4
July 1, 1999:12-5
1. Shall not renew an operator’s policy of liability insurance issued for12-6
that purpose; and12-7
2. Shall provide, not later than October 1, 1999, a written notice to12-8
each holder of an operator’s policy of liability insurance issued by the12-9
insurer which states that, after December 31, 1999, the policy will not12-10
satisfy the requirements set forth in NRS 485.185 for insurance for the12-11
payment of liability arising from the maintenance or use of a motor vehicle12-12
that is registered or required to be registered in this state.12-13
Sec. 15. The amendatory provisions of section 6 of this act do not12-14
apply to offenses that were committed before October 1, 1999.12-15
Sec. 16. 1. This section and section 14 of this act become effective12-16
on July 1, 1999.12-17
2. Section 6 of this act becomes effective on October 1, 1999.12-18
3. Sections 1 to 5, inclusive, 7 to 13, inclusive, and 15 of this act12-19
become effective on January 1, 2000.~