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 [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).

 

AN ACT relating to vehicles; revising the provisions governing the sale of a vehicle as salvage; renaming a certificate of dismantling as a salvage title; and providing other matters properly relating thereto.

 

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:

1-2 482.470 1. If any vehicle is dismantled, junked or rendered

1-3 inoperative and unfit for further use in accordance with the original

1-4 purpose for which it was constructed, the owner shall deliver to the

1-5 department any certificate of registration and certificate of ownership

1-6 issued by the department or any other jurisdiction, unless the certificate of

1-7 ownership is required for the collection of any insurance or other

1-8 indemnity for the loss of the vehicle, or for transfer in order to dispose of

1-9 the vehicle.

1-10 2. Any other person taking possession of a vehicle described in

1-11 subsection 1 shall immediately deliver to the department any license plate

1-12 or plates, certificate of registration or certificate of ownership issued by the

1-13 department or any other jurisdiction, if he has acquired possession of any

1-14 of these and unless the certificate of ownership is required for a further

1-15 transfer in the ultimate disposition of the vehicle.

1-16 3. The department may issue a [certificate of dismantling,] salvage

1-17 title as provided in chapter 487 of NRS. The department shall not charge a

1-18 fee for the issuance of the [certificate.] salvage title.

1-19 4. The department shall destroy any plate or plates, certificate of

1-20 registration or certificate of ownership that is returned in a manner

2-1 described in subsections 1 and 2. The department shall not issue a

2-2 certificate of registration or certificate of ownership for a vehicle with the

2-3 same identification number as the dismantled, junked or inoperative

2-4 vehicle if the vehicle was manufactured in the 5 years preceding the date

2-5 on which it was dismantled, junked or otherwise rendered inoperative,

2-6 unless the department authorizes the restoration of the vehicle pursuant to

2-7 subsection 2 of NRS 482.553.

2-8 Sec. 2. NRS 487.100 is hereby amended to read as follows:

2-9 487.100 1. Except as otherwise provided in subsection 2, any

2-10 automobile wrecker purchasing from any person other than a licensed

2-11 operator of a salvage pool, any vehicle subject to registration pursuant to

2-12 the laws of this state shall forward to the department the certificates of

2-13 ownership and registration last issued therefor.

2-14 2. The certificate of ownership last issued for a mobile home or

2-15 commercial coach must be sent by the wrecker to the manufactured

2-16 housing division.

2-17 3. The state agency may issue to the licensee a [certificate of

2-18 dismantling,] salvage title containing a brief description of the vehicle,

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 the [certificate.]

2-22 salvage title.

2-23 Sec. 3. NRS 487.120 is hereby amended to read as follows:

2-24 487.120 1. If the applicant for a [certificate of dismantling] salvage

2-25 title is unable to furnish the certificates of ownership and registration last

2-26 issued for the vehicle or a bill of sale of salvage, the state agency may

2-27 accept the application, examine the circumstances of the case and require

2-28 the filing of suitable affidavits or other information or documents. If

2-29 satisfied that the applicant is entitled to a [certificate of dismantling,]

2-30 salvage title, the state agency may issue the [certificate.] salvage title.

2-31 2. No duplicate certificate of ownership or registration may be issued

2-32 when a [certificate of dismantling] salvage title is applied for, and no fees

2-33 are required for the affidavits of any stolen, lost or damaged certificate, or

2-34 duplicates thereof, unless the vehicle is subsequently registered.

2-35 Sec. 4. NRS 487.130 is hereby amended to read as follows:

2-36 487.130 If any person acquires a vehicle as transferee for the purpose

2-37 of dismantling or wrecking [the same,] it, the title to the vehicle [shall]

2-38 must be transferred to the person without payment of any fee upon

2-39 application for the issuance of a [certificate of dismantling.] salvage title.

2-40 Sec. 5. NRS 487.150 is hereby amended to read as follows:

2-41 487.150 No vehicle for which a [certificate of dismantling] salvage

2-42 title has been issued may subsequently be registered until it has been

3-1 inspected by the department and found to be in a safe mechanical condition

3-2 and equipped with safety glass.

3-3 Sec. 6. NRS 487.160 is hereby amended to read as follows:

3-4 487.160 1. The department, after notice and hearing, may suspend,

3-5 revoke or refuse to renew a license of an automobile wrecker upon

3-6 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 of

3-9 that license;

3-10 (c) Has failed to return a [certificate of dismantling] salvage title to the

3-11 state agency when and as required of him by NRS 487.045 to 487.190,

3-12 inclusive; or

3-13 (d) Has failed to surrender to the state agency certificates of ownership

3-14 for vehicles before beginning to dismantle or wreck the vehicles.

3-15 2. The applicant or licensee may, within 30 days after receipt of the

3-16 notice of refusal, suspension or revocation, petition the department in

3-17 writing for a hearing.

3-18 3. Hearings under this section and appeals therefrom must be

3-19 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 of

3-21 an automobile wrecker, or deny a license to an applicant therefor, if the

3-22 licensee or applicant:

3-23 (a) Does not have or maintain an established place of business in this

3-24 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 to

3-27 487.190, inclusive.

3-28 (d) Fails to furnish and keep in force any bond required by NRS

3-29 487.050 to 487.190, inclusive.

3-30 (e) Fails to discharge any final judgment entered against him when the

3-31 judgment arises out of any misrepresentation of a vehicle, trailer or

3-32 semitrailer.

3-33 (f) Fails to maintain any license or bond required by a political

3-34 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 a

3-37 violation of a provision of this chapter.

3-38 (i) Fails or refuses to provide to the department an authorization for the

3-39 disclosure of financial records for the business as required pursuant to

3-40 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 after

3-43 the date of the denial.

4-1 6. The department may refuse to review a subsequent application for

4-2 licensing submitted by any person who violates any provision of this

4-3 chapter.

4-4 7. Upon the receipt of any report or complaint alleging that an

4-5 applicant or a licensee has engaged in financial misconduct or has failed to

4-6 satisfy any financial obligation related to the business of dismantling,

4-7 scrapping, processing or wrecking of vehicles, the department may require

4-8 the applicant or licensee to submit to the department an authorization for

4-9 the disclosure of financial records for the business as provided in NRS

4-10 239A.090. The department may use any information obtained pursuant to

4-11 such an authorization only to determine the suitability of the applicant or

4-12 licensee for initial or continued licensure. Information obtained pursuant to

4-13 such an authorization may be disclosed only to those employees of the

4-14 department who are authorized to issue a license to an applicant pursuant

4-15 to NRS 487.050 to 487.200, inclusive, or to determine the suitability of an

4-16 applicant or a licensee for such licensure.

4-17 8. For the purposes of this section, failure to adhere to the directives of

4-18 the state agency advising the licensee of his noncompliance with any

4-19 provision of NRS 487.045 to 487.190, inclusive, or regulations of the state

4-20 agency, within 10 days after the receipt of those directives, is prima facie

4-21 evidence of willful failure to comply.

4-22 Sec. 7. NRS 487.250 is hereby amended to read as follows:

4-23 487.250 1. The state agency or political subdivision shall, within 48

4-24 hours after the appraisal , notify the head of the state agency of the

4-25 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 or

4-29 otherwise disposed of.

4-30 2. The person who removed the vehicle must notify the registered

4-31 owner and any person having a security interest in the vehicle by registered

4-32 or certified mail that the vehicle has been removed and will be junked or

4-33 dismantled or otherwise disposed of unless the registered owner or the

4-34 person having a security interest in the vehicle responds and pays the costs

4-35 of removal.

4-36 3. Failure to reclaim within 15 days after notification a vehicle

4-37 appraised at $500 or less constitutes a waiver of interest in the vehicle by

4-38 any person having an interest in the vehicle.

4-39 4. If all recorded interests in a vehicle appraised at $500 or less are

4-40 waived, either as provided in subsection 3 or by written disclaimer by any

4-41 person having an interest in the vehicle, the state agency shall issue a

5-1 [certificate of dismantling] salvage title to the automobile wrecker who

5-2 towed the vehicle or to whom the vehicle may have been delivered, or a

5-3 certificate of ownership to the garage owner if he elects to retain the

5-4 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:

5-6 487.270 1. Whenever a vehicle has been removed to a garage or

5-7 other place as provided by NRS 487.230, the owner of the garage or the

5-8 automobile wrecker who towed the vehicle has a lien on the vehicle for the

5-9 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 not

5-11 reclaimed within the period prescribed in NRS 487.250, the owner of the

5-12 garage or automobile wrecker may satisfy his lien by retaining the vehicle

5-13 and obtaining a certificate of ownership thereto or a [certificate of

5-14 dismantling] salvage title as provided in NRS 487.250.

5-15 3. If the vehicle is appraised at a value of more than $500 and is not

5-16 reclaimed within 45 days, the owner of the garage or automobile wrecker

5-17 may satisfy his lien, in accordance with the provisions of NRS 108.265 to

5-18 108.360, inclusive.

5-19 Sec. 9. NRS 487.480 is hereby amended to read as follows:

5-20 487.480 1. Before an operator of a salvage pool sells any vehicle

5-21 subject to registration pursuant to the laws of this state, he must have in his

5-22 possession the certificate of ownership or a bill of sale of salvage for that

5-23 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 the

5-25 department. The department shall not issue a certificate of registration or

5-26 certificate of ownership for a vehicle with the same identification number

5-27 if the vehicle was manufactured in the 5 years preceding the date on which

5-28 the operator forwards the certificates to the department, unless the

5-29 department authorizes the restoration of the vehicle pursuant to subsection

5-30 2 of NRS 482.553.

5-31 2. Upon sale of the vehicle, the operator of the salvage pool shall

5-32 provide a bill of sale of salvage to the licensed automobile wrecker, dealer

5-33 of new or used motor vehicles or rebuilder on a form prescribed and

5-34 supplied by the department. The department shall accept the bill of sale of

5-35 salvage in lieu of the certificate of ownership or other evidence of title

5-36 from the:

5-37 (a) Automobile wrecker , if the bill of sale of salvage is accompanied

5-38 by an appropriate application for a [certificate of dismantling;] salvage

5-39 title; or

5-40 (b) Dealer of new or used motor vehicles or rebuilder when he licenses

5-41 the vehicle for operation or transfers ownership of it, if the bill of sale of

5-42 salvage is accompanied by an appropriate application, all other required

6-1 documents and fees, and a certificate of inspection signed by an employee

6-2 of the department attesting to the mechanical fitness and safety of the

6-3 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 another

6-8 state [;] or foreign country and is registered with a salvage pool; or

6-9 (d) An automobile wrecker or dismantler who is licensed in another

6-10 state [, a certificate of dismantling] or foreign country and is registered

6-11 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, serial

6-14 number and motor number, or any other number of the vehicle. Except as

6-15 otherwise provided in this subsection, the department shall charge and

6-16 collect a fee of $10 for the issuance of a [certificate of dismantling]

6-17 salvage title pursuant to this subsection. The department shall not charge

6-18 such a fee for the issuance of a [certificate of dismantling] salvage title to

6-19 an automobile wrecker licensed in this state. Fees collected by the

6-20 department pursuant to this subsection must be deposited with the state

6-21 treasurer to the credit of the account for regulation of salvage pools,

6-22 automobile wreckers, body shops and garages. Possession of a [certificate

6-23 of dismantling] salvage title does not entitle a person to dismantle, scrap,

6-24 process or wreck any vehicle in this state unless the person holds a license

6-25 issued pursuant to NRS 487.050.

6-26 Sec. 10. This act becomes effective upon passage and approval.

~