Assembly Bill No. 452–Committee on Transportation
March 10, 1999
____________
Referred to Committee on Transportation
SUMMARY—Revises provisions concerning salvage of vehicles. (BDR 43-1110)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
~
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:
1-1
Section 1. NRS 482.470 is hereby amended to read as follows: 482.470 1. If any vehicle is dismantled, junked or rendered1-3
inoperative and unfit for further use in accordance with the original1-4
purpose for which it was constructed, the owner shall deliver to the1-5
department any certificate of registration and certificate of ownership1-6
issued by the department or any other jurisdiction, unless the certificate of1-7
ownership is required for the collection of any insurance or other1-8
indemnity for the loss of the vehicle, or for transfer in order to dispose of1-9
the vehicle.1-10
2. Any other person taking possession of a vehicle described in1-11
subsection 1 shall immediately deliver to the department any license plate1-12
or plates, certificate of registration or certificate of ownership issued by the1-13
department or any other jurisdiction, if he has acquired possession of any1-14
of these and unless the certificate of ownership is required for a further1-15
transfer in the ultimate disposition of the vehicle.1-16
3. The department may issue a1-17
title as provided in chapter 487 of NRS. The department shall not charge a1-18
fee for the issuance of the1-19
4. The department shall destroy any plate or plates, certificate of1-20
registration or certificate of ownership that is returned in a manner2-1
described in subsections 1 and 2. The department shall not issue a2-2
certificate of registration or certificate of ownership for a vehicle with the2-3
same identification number as the dismantled, junked or inoperative2-4
vehicle if the vehicle was manufactured in the 5 years preceding the date2-5
on which it was dismantled, junked or otherwise rendered inoperative,2-6
unless the department authorizes the restoration of the vehicle pursuant to2-7
subsection 2 of NRS 482.553.2-8
Sec. 2. NRS 487.100 is hereby amended to read as follows: 487.100 1. Except as otherwise provided in subsection 2, any2-10
automobile wrecker purchasing from any person other than a licensed2-11
operator of a salvage pool, any vehicle subject to registration pursuant to2-12
the laws of this state shall forward to the department the certificates of2-13
ownership and registration last issued therefor.2-14
2. The certificate of ownership last issued for a mobile home or2-15
commercial coach must be sent by the wrecker to the manufactured2-16
housing division.2-17
3. The state agency may issue to the licensee a2-18
2-19
including, insofar as data may exist with respect to the vehicle, the make,2-20
type, serial number and motor number, or any other number of the vehicle.2-21
The state agency shall not charge a fee for the issuance of the2-22
salvage title.2-23
Sec. 3. NRS 487.120 is hereby amended to read as follows: 487.120 1. If the applicant for a2-25
title is unable to furnish the certificates of ownership and registration last2-26
issued for the vehicle or a bill of sale of salvage, the state agency may2-27
accept the application, examine the circumstances of the case and require2-28
the filing of suitable affidavits or other information or documents. If2-29
satisfied that the applicant is entitled to a2-30
salvage title, the state agency may issue the2-31
2. No duplicate certificate of ownership or registration may be issued2-32
when a2-33
are required for the affidavits of any stolen, lost or damaged certificate, or2-34
duplicates thereof, unless the vehicle is subsequently registered.2-35
Sec. 4. NRS 487.130 is hereby amended to read as follows: 487.130 If any person acquires a vehicle as transferee for the purpose2-37
of dismantling or wrecking2-38
must be transferred to the person without payment of any fee upon2-39
application for the issuance of a2-40
Sec. 5. NRS 487.150 is hereby amended to read as follows: 487.150 No vehicle for which a2-42
title has been issued may subsequently be registered until it has been3-1
inspected by the department and found to be in a safe mechanical condition3-2
and equipped with safety glass.3-3
Sec. 6. NRS 487.160 is hereby amended to read as follows: 487.160 1. The department, after notice and hearing, may suspend,3-5
revoke or refuse to renew a license of an automobile wrecker upon3-6
determining that the automobile wrecker:3-7
(a) Is not lawfully entitled thereto;3-8
(b) Has made, or knowingly or negligently permitted, any illegal use of3-9
that license;3-10
(c) Has failed to return a3-11
state agency when and as required of him by NRS 487.045 to 487.190,3-12
inclusive; or3-13
(d) Has failed to surrender to the state agency certificates of ownership3-14
for vehicles before beginning to dismantle or wreck the vehicles.3-15
2. The applicant or licensee may, within 30 days after receipt of the3-16
notice of refusal, suspension or revocation, petition the department in3-17
writing for a hearing.3-18
3. Hearings under this section and appeals therefrom must be3-19
conducted in the manner prescribed in NRS 482.353 and 482.354.3-20
4. The department may suspend, revoke or refuse to renew a license of3-21
an automobile wrecker, or deny a license to an applicant therefor, if the3-22
licensee or applicant:3-23
(a) Does not have or maintain an established place of business in this3-24
state.3-25
(b) Made a material misstatement in any application.3-26
(c) Willfully fails to comply with any provision of NRS 487.045 to3-27
487.190, inclusive.3-28
(d) Fails to furnish and keep in force any bond required by NRS3-29
487.050 to 487.190, inclusive.3-30
(e) Fails to discharge any final judgment entered against him when the3-31
judgment arises out of any misrepresentation of a vehicle, trailer or3-32
semitrailer.3-33
(f) Fails to maintain any license or bond required by a political3-34
subdivision of this state.3-35
(g) Has been convicted of a felony.3-36
(h) Has been convicted of a misdemeanor or gross misdemeanor for a3-37
violation of a provision of this chapter.3-38
(i) Fails or refuses to provide to the department an authorization for the3-39
disclosure of financial records for the business as required pursuant to3-40
subsection 7.3-41
5. If an application for a license as an automobile wrecker is denied,3-42
the applicant may not submit another application for at least 6 months after3-43
the date of the denial.4-1
6. The department may refuse to review a subsequent application for4-2
licensing submitted by any person who violates any provision of this4-3
chapter.4-4
7. Upon the receipt of any report or complaint alleging that an4-5
applicant or a licensee has engaged in financial misconduct or has failed to4-6
satisfy any financial obligation related to the business of dismantling,4-7
scrapping, processing or wrecking of vehicles, the department may require4-8
the applicant or licensee to submit to the department an authorization for4-9
the disclosure of financial records for the business as provided in NRS4-10
239A.090. The department may use any information obtained pursuant to4-11
such an authorization only to determine the suitability of the applicant or4-12
licensee for initial or continued licensure. Information obtained pursuant to4-13
such an authorization may be disclosed only to those employees of the4-14
department who are authorized to issue a license to an applicant pursuant4-15
to NRS 487.050 to 487.200, inclusive, or to determine the suitability of an4-16
applicant or a licensee for such licensure.4-17
8. For the purposes of this section, failure to adhere to the directives of4-18
the state agency advising the licensee of his noncompliance with any4-19
provision of NRS 487.045 to 487.190, inclusive, or regulations of the state4-20
agency, within 10 days after the receipt of those directives, is prima facie4-21
evidence of willful failure to comply.4-22
Sec. 7. NRS 487.250 is hereby amended to read as follows: 487.250 1. The state agency or political subdivision shall, within 484-24
hours after the appraisal , notify the head of the state agency of the4-25
removal of the vehicle. The notice must contain:4-26
(a) A description of the vehicle.4-27
(b) The appraised value of the vehicle.4-28
(c) A statement as to whether the vehicle will be junked, dismantled or4-29
otherwise disposed of.4-30
2. The person who removed the vehicle must notify the registered4-31
owner and any person having a security interest in the vehicle by registered4-32
or certified mail that the vehicle has been removed and will be junked or4-33
dismantled or otherwise disposed of unless the registered owner or the4-34
person having a security interest in the vehicle responds and pays the costs4-35
of removal.4-36
3. Failure to reclaim within 15 days after notification a vehicle4-37
appraised at $500 or less constitutes a waiver of interest in the vehicle by4-38
any person having an interest in the vehicle.4-39
4. If all recorded interests in a vehicle appraised at $500 or less are4-40
waived, either as provided in subsection 3 or by written disclaimer by any4-41
person having an interest in the vehicle, the state agency shall issue a5-1
5-2
towed the vehicle or to whom the vehicle may have been delivered, or a5-3
certificate of ownership to the garage owner if he elects to retain the5-4
vehicle and the vehicle is equipped as required by chapter 484 of NRS.5-5
Sec. 8. NRS 487.270 is hereby amended to read as follows: 487.270 1. Whenever a vehicle has been removed to a garage or5-7
other place as provided by NRS 487.230, the owner of the garage or the5-8
automobile wrecker who towed the vehicle has a lien on the vehicle for the5-9
costs of towing and storing for a period not exceeding 90 days.5-10
2. If the vehicle is appraised at a value of $500 or less and is not5-11
reclaimed within the period prescribed in NRS 487.250, the owner of the5-12
garage or automobile wrecker may satisfy his lien by retaining the vehicle5-13
and obtaining a certificate of ownership thereto or a5-14
5-15
3. If the vehicle is appraised at a value of more than $500 and is not5-16
reclaimed within 45 days, the owner of the garage or automobile wrecker5-17
may satisfy his lien, in accordance with the provisions of NRS 108.265 to5-18
108.360, inclusive.5-19
Sec. 9. NRS 487.480 is hereby amended to read as follows: 487.480 1. Before an operator of a salvage pool sells any vehicle5-21
subject to registration pursuant to the laws of this state, he must have in his5-22
possession the certificate of ownership or a bill of sale of salvage for that5-23
vehicle. He shall, within 10 days after completion of the transaction,5-24
forward the certificate of ownership or bill of sale of salvage to the5-25
department. The department shall not issue a certificate of registration or5-26
certificate of ownership for a vehicle with the same identification number5-27
if the vehicle was manufactured in the 5 years preceding the date on which5-28
the operator forwards the certificates to the department, unless the5-29
department authorizes the restoration of the vehicle pursuant to subsection5-30
2 of NRS 482.553.5-31
2. Upon sale of the vehicle, the operator of the salvage pool shall5-32
provide a bill of sale of salvage to the licensed automobile wrecker, dealer5-33
of new or used motor vehicles or rebuilder on a form prescribed and5-34
supplied by the department. The department shall accept the bill of sale of5-35
salvage in lieu of the certificate of ownership or other evidence of title5-36
from the:5-37
(a) Automobile wrecker , if the bill of sale of salvage is accompanied5-38
by an appropriate application for a5-39
title; or5-40
(b) Dealer of new or used motor vehicles or rebuilder when he licenses5-41
the vehicle for operation or transfers ownership of it, if the bill of sale of5-42
salvage is accompanied by an appropriate application, all other required6-1
documents and fees, and a certificate of inspection signed by an employee6-2
of the department attesting to the mechanical fitness and safety of the6-3
vehicle.6-4
3. The department may issue to:6-5
(a) The licensed automobile wrecker;6-6
(b) A licensed operator of a salvage pool;6-7
(c) A dealer of new or used motor vehicles who is licensed in another6-8
state6-9
(d) An automobile wrecker or dismantler who is licensed in another6-10
state6-11
with a salvage pool,6-12
a salvage title that contains a brief description of the vehicle, including,6-13
insofar as data may exist with respect to the vehicle, the make, type, serial6-14
number and motor number, or any other number of the vehicle. Except as6-15
otherwise provided in this subsection, the department shall charge and6-16
collect a fee of $10 for the issuance of a6-17
salvage title pursuant to this subsection. The department shall not charge6-18
such a fee for the issuance of a6-19
an automobile wrecker licensed in this state. Fees collected by the6-20
department pursuant to this subsection must be deposited with the state6-21
treasurer to the credit of the account for regulation of salvage pools,6-22
automobile wreckers, body shops and garages. Possession of a6-23
6-24
process or wreck any vehicle in this state unless the person holds a license6-25
issued pursuant to NRS 487.050.6-26
Sec. 10. This act becomes effective upon passage and approval.~