Assembly Bill No. 452–Committee on Transportation

March 10, 1999

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Referred to Committee on Transportation

 

SUMMARY—Prohibits inclusion of certain statements regarding mileage in certificates of ownership of certain vehicles and 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.

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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).

 

AN ACT relating to vehicles; prohibiting the inclusion of certain statements regarding mileage in certain certificates of ownership; 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 482.245 is hereby amended to read as follows:

1-2 482.245 1. The certificate of registration must contain upon the face

1-3 thereof the date issued, the registration number assigned to the vehicle, the

1-4 legal name and address of the registered owner, the county where the

1-5 vehicle is to be based unless it is deemed to have no base, a description of

1-6 the registered vehicle and such other statement of facts as may be

1-7 determined by the department.

1-8 2. The certificate of ownership must contain upon the face thereof the

1-9 date issued, the name and address of the registered owner and the owner or

1-10 lienholder, if any, a description of the vehicle, any entries required by NRS

1-11 482.423 to 482.428, inclusive, a reading of the vehicle’s odometer as

1-12 provided to the department by the person making the sale or transfer, the

1-13 word "rebuilt" if it is a rebuilt vehicle, and such other statement of facts as

1-14 may be determined by the department. The reverse side of the certificate of

1-15 ownership must contain forms for notice to the department of a transfer of

1-16 the title or interest of the owner or lienholder and application for

1-17 registration by the transferee. If a new certificate of ownership is issued for

2-1 a vehicle, it must contain the same information as the replaced certificate,

2-2 except to the extent that the information has changed after the issuance of

2-3 the replaced certificate. Except as otherwise required by federal law, the

2-4 certificate of ownership of a vehicle which the department knows to have

2-5 been stolen must not contain any statement or other indication that the

2-6 mileage specified in the certificate or registered on the odometer is

2-7 anything other than the actual mileage traveled by the vehicle, in the

2-8 absence of proof that the odometer of the vehicle has been disconnected,

2-9 reset or altered.

2-10 Sec. 2. NRS 482.470 is hereby amended to read as follows:

2-11 482.470 1. If any vehicle is dismantled, junked or rendered

2-12 inoperative and unfit for further use in accordance with the original purpose

2-13 for which it was constructed, the owner shall deliver to the department any

2-14 certificate of registration and certificate of ownership issued by the

2-15 department or any other jurisdiction, unless the certificate of ownership is

2-16 required for the collection of any insurance or other indemnity for the loss

2-17 of the vehicle, or for transfer in order to dispose of the vehicle.

2-18 2. Any other person taking possession of a vehicle described in

2-19 subsection 1 shall immediately deliver to the department any license plate

2-20 or plates, certificate of registration or certificate of ownership issued by the

2-21 department or any other jurisdiction, if he has acquired possession of any of

2-22 these and unless the certificate of ownership is required for a further

2-23 transfer in the ultimate disposition of the vehicle.

2-24 3. The department may issue a [certificate of dismantling,] salvage title

2-25 as provided in chapter 487 of NRS. The department shall not charge a fee

2-26 for the issuance of the [certificate.] salvage title.

2-27 4. The department shall destroy any plate or plates, certificate of

2-28 registration or certificate of ownership that is returned in a manner

2-29 described in subsections 1 and 2. The department shall not issue a

2-30 certificate of registration or certificate of ownership for a vehicle with the

2-31 same identification number as the dismantled, junked or inoperative vehicle

2-32 if the vehicle was manufactured in the 5 years preceding the date on which

2-33 it was dismantled, junked or otherwise rendered inoperative, unless the

2-34 department authorizes the restoration of the vehicle pursuant to subsection

2-35 2 of NRS 482.553.

2-36 Sec. 3. NRS 487.100 is hereby amended to read as follows:

2-37 487.100 1. Except as otherwise provided in subsection 2, any

2-38 automobile wrecker purchasing from any person other than a licensed

2-39 operator of a salvage pool, any vehicle subject to registration pursuant to

2-40 the laws of this state shall forward to the department the certificates of

2-41 ownership and registration last issued therefor.

3-1 2. The certificate of ownership last issued for a mobile home or

3-2 commercial coach must be sent by the wrecker to the manufactured housing

3-3 division.

3-4 3. The state agency may issue to the licensee a [certificate of

3-5 dismantling,] salvage title containing a brief description of the vehicle,

3-6 including, insofar as data may exist with respect to the vehicle, the make,

3-7 type, serial number and motor number, or any other number of the vehicle.

3-8 The state agency shall not charge a fee for the issuance of the [certificate.]

3-9 salvage title.

3-10 Sec. 4. NRS 487.120 is hereby amended to read as follows:

3-11 487.120 1. If the applicant for a [certificate of dismantling] salvage

3-12 title is unable to furnish the certificates of ownership and registration last

3-13 issued for the vehicle or a bill of sale of salvage, the state agency may

3-14 accept the application, examine the circumstances of the case and require

3-15 the filing of suitable affidavits or other information or documents. If

3-16 satisfied that the applicant is entitled to a [certificate of dismantling,]

3-17 salvage title, the state agency may issue the [certificate.] salvage title.

3-18 2. No duplicate certificate of ownership or registration may be issued

3-19 when a [certificate of dismantling] salvage title is applied for, and no fees

3-20 are required for the affidavits of any stolen, lost or damaged certificate, or

3-21 duplicates thereof, unless the vehicle is subsequently registered.

3-22 Sec. 5. NRS 487.130 is hereby amended to read as follows:

3-23 487.130 If any person acquires a vehicle as transferee for the purpose

3-24 of dismantling or wrecking [the same,] it, the title to the vehicle [shall]

3-25 must be transferred to the person without payment of any fee upon

3-26 application for the issuance of a [certificate of dismantling.] salvage title.

3-27 Sec. 6. NRS 487.150 is hereby amended to read as follows:

3-28 487.150 No vehicle for which a [certificate of dismantling] salvage

3-29 title has been issued may subsequently be registered until it has been

3-30 inspected by the department and found to be in a safe mechanical condition

3-31 and equipped with safety glass.

3-32 Sec. 7. NRS 487.160 is hereby amended to read as follows:

3-33 487.160 1. The department, after notice and hearing, may suspend,

3-34 revoke or refuse to renew a license of an automobile wrecker upon

3-35 determining that the automobile wrecker:

3-36 (a) Is not lawfully entitled thereto;

3-37 (b) Has made, or knowingly or negligently permitted, any illegal use of

3-38 that license;

3-39 (c) Has failed to return a [certificate of dismantling] salvage title to the

3-40 state agency when and as required of him by NRS 487.045 to 487.190,

3-41 inclusive; or

3-42 (d) Has failed to surrender to the state agency certificates of ownership

3-43 for vehicles before beginning to dismantle or wreck the vehicles.

4-1 2. The applicant or licensee may, within 30 days after receipt of the

4-2 notice of refusal, suspension or revocation, petition the department in

4-3 writing for a hearing.

4-4 3. Hearings under this section and appeals therefrom must be

4-5 conducted in the manner prescribed in NRS 482.353 and 482.354.

4-6 4. The department may suspend, revoke or refuse to renew a license of

4-7 an automobile wrecker, or deny a license to an applicant therefor, if the

4-8 licensee or applicant:

4-9 (a) Does not have or maintain an established place of business in this

4-10 state.

4-11 (b) Made a material misstatement in any application.

4-12 (c) Willfully fails to comply with any provision of NRS 487.045 to

4-13 487.190, inclusive.

4-14 (d) Fails to furnish and keep in force any bond required by NRS

4-15 487.050 to 487.190, inclusive.

4-16 (e) Fails to discharge any final judgment entered against him when the

4-17 judgment arises out of any misrepresentation of a vehicle, trailer or

4-18 semitrailer.

4-19 (f) Fails to maintain any license or bond required by a political

4-20 subdivision of this state.

4-21 (g) Has been convicted of a felony.

4-22 (h) Has been convicted of a misdemeanor or gross misdemeanor for a

4-23 violation of a provision of this chapter.

4-24 (i) Fails or refuses to provide to the department an authorization for the

4-25 disclosure of financial records for the business as required pursuant to

4-26 subsection 7.

4-27 5. If an application for a license as an automobile wrecker is denied,

4-28 the applicant may not submit another application for at least 6 months after

4-29 the date of the denial.

4-30 6. The department may refuse to review a subsequent application for

4-31 licensing submitted by any person who violates any provision of this

4-32 chapter.

4-33 7. Upon the receipt of any report or complaint alleging that an

4-34 applicant or a licensee has engaged in financial misconduct or has failed to

4-35 satisfy any financial obligation related to the business of dismantling,

4-36 scrapping, processing or wrecking of vehicles, the department may require

4-37 the applicant or licensee to submit to the department an authorization for

4-38 the disclosure of financial records for the business as provided in NRS

4-39 239A.090. The department may use any information obtained pursuant to

4-40 such an authorization only to determine the suitability of the applicant or

4-41 licensee for initial or continued licensure. Information obtained pursuant to

4-42 such an authorization may be disclosed only to those employees of the

4-43 department who are authorized to issue a license to an applicant pursuant to

5-1 NRS 487.050 to 487.200, inclusive, or to determine the suitability of an

5-2 applicant or a licensee for such licensure.

5-3 8. For the purposes of this section, failure to adhere to the directives of

5-4 the state agency advising the licensee of his noncompliance with any

5-5 provision of NRS 487.045 to 487.190, inclusive, or regulations of the state

5-6 agency, within 10 days after the receipt of those directives, is prima facie

5-7 evidence of willful failure to comply.

5-8 Sec. 8. NRS 487.250 is hereby amended to read as follows:

5-9 487.250 1. The state agency or political subdivision shall, within 48

5-10 hours after the appraisal , notify the head of the state agency of the removal

5-11 of the vehicle. The notice must contain:

5-12 (a) A description of the vehicle.

5-13 (b) The appraised value of the vehicle.

5-14 (c) A statement as to whether the vehicle will be junked, dismantled or

5-15 otherwise disposed of.

5-16 2. The person who removed the vehicle must notify the registered

5-17 owner and any person having a security interest in the vehicle by registered

5-18 or certified mail that the vehicle has been removed and will be junked or

5-19 dismantled or otherwise disposed of unless the registered owner or the

5-20 person having a security interest in the vehicle responds and pays the costs

5-21 of removal.

5-22 3. Failure to reclaim within 15 days after notification a vehicle

5-23 appraised at $500 or less constitutes a waiver of interest in the vehicle by

5-24 any person having an interest in the vehicle.

5-25 4. If all recorded interests in a vehicle appraised at $500 or less are

5-26 waived, either as provided in subsection 3 or by written disclaimer by any

5-27 person having an interest in the vehicle, the state agency shall issue a

5-28 [certificate of dismantling] salvage title to the automobile wrecker who

5-29 towed the vehicle or to whom the vehicle may have been delivered, or a

5-30 certificate of ownership to the garage owner if he elects to retain the vehicle

5-31 and the vehicle is equipped as required by chapter 484 of NRS.

5-32 Sec. 9. NRS 487.270 is hereby amended to read as follows:

5-33 487.270 1. Whenever a vehicle has been removed to a garage or

5-34 other place as provided by NRS 487.230, the owner of the garage or the

5-35 automobile wrecker who towed the vehicle has a lien on the vehicle for the

5-36 costs of towing and storing for a period not exceeding 90 days.

5-37 2. If the vehicle is appraised at a value of $500 or less and is not

5-38 reclaimed within the period prescribed in NRS 487.250, the owner of the

5-39 garage or automobile wrecker may satisfy his lien by retaining the vehicle

5-40 and obtaining a certificate of ownership thereto or a [certificate of

5-41 dismantling] salvage title as provided in NRS 487.250.

5-42 3. If the vehicle is appraised at a value of more than $500 and is not

5-43 reclaimed within 45 days, the owner of the garage or automobile wrecker

6-1 may satisfy his lien, in accordance with the provisions of NRS 108.265 to

6-2 108.360, inclusive.

6-3 Sec. 10. NRS 487.480 is hereby amended to read as follows:

6-4 487.480 1. Before an operator of a salvage pool sells any vehicle

6-5 subject to registration pursuant to the laws of this state, he must have in his

6-6 possession the certificate of ownership or a bill of sale of salvage for that

6-7 vehicle. He shall, within 10 days after completion of the transaction,

6-8 forward the certificate of ownership or bill of sale of salvage to the

6-9 department. The department shall not issue a certificate of registration or

6-10 certificate of ownership for a vehicle with the same identification number if

6-11 the vehicle was manufactured in the 5 years preceding the date on which

6-12 the operator forwards the certificates to the department, unless the

6-13 department authorizes the restoration of the vehicle pursuant to subsection

6-14 2 of NRS 482.553.

6-15 2. Upon sale of the vehicle, the operator of the salvage pool shall

6-16 provide a bill of sale of salvage to the licensed automobile wrecker, dealer

6-17 of new or used motor vehicles or rebuilder on a form prescribed and

6-18 supplied by the department. The department shall accept the bill of sale of

6-19 salvage in lieu of the certificate of ownership or other evidence of title

6-20 from the:

6-21 (a) Automobile wrecker , if the bill of sale of salvage is accompanied by

6-22 an appropriate application for a [certificate of dismantling;] salvage title;

6-23 or

6-24 (b) Dealer of new or used motor vehicles or rebuilder when he licenses

6-25 the vehicle for operation or transfers ownership of it, if the bill of sale of

6-26 salvage is accompanied by an appropriate application, all other required

6-27 documents and fees, and a certificate of inspection signed by an employee

6-28 of the department attesting to the mechanical fitness and safety of the

6-29 vehicle.

6-30 3. The department may issue to:

6-31 (a) The licensed automobile wrecker;

6-32 (b) A licensed operator of a salvage pool;

6-33 (c) A dealer of new or used motor vehicles who is licensed in another

6-34 state [;] or foreign country and is registered with a salvage pool; or

6-35 (d) An automobile wrecker or dismantler who is licensed in another

6-36 state [, a certificate of dismantling] or foreign country and is registered

6-37 with a salvage pool,

6-38 a salvage title that contains a brief description of the vehicle, including,

6-39 insofar as data may exist with respect to the vehicle, the make, type, serial

6-40 number and motor number, or any other number of the vehicle. Except as

6-41 otherwise provided in this subsection, the department shall charge and

6-42 collect a fee of $10 for the issuance of a [certificate of dismantling] salvage

6-43 title pursuant to this subsection. The department shall not charge such a fee

7-1 for the issuance of a [certificate of dismantling] salvage title to an

7-2 automobile wrecker licensed in this state. Fees collected by the department

7-3 pursuant to this subsection must be deposited with the state treasurer to the

7-4 credit of the account for regulation of salvage pools, automobile wreckers,

7-5 body shops and garages. Possession of a [certificate of dismantling]

7-6 salvage title does not entitle a person to dismantle, scrap, process or wreck

7-7 any vehicle in this state unless the person holds a license issued pursuant to

7-8 NRS 487.050.

7-9 Sec. 11. This act becomes effective upon passage and approval.

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