Assembly Bill No. 452–Committee on Transportation
March 10, 1999
____________
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
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: 482.245 1. The certificate of registration must contain upon the face1-3
thereof the date issued, the registration number assigned to the vehicle, the1-4
legal name and address of the registered owner, the county where the1-5
vehicle is to be based unless it is deemed to have no base, a description of1-6
the registered vehicle and such other statement of facts as may be1-7
determined by the department.1-8
2. The certificate of ownership must contain upon the face thereof the1-9
date issued, the name and address of the registered owner and the owner or1-10
lienholder, if any, a description of the vehicle, any entries required by NRS1-11
482.423 to 482.428, inclusive, a reading of the vehicle’s odometer as1-12
provided to the department by the person making the sale or transfer, the1-13
word "rebuilt" if it is a rebuilt vehicle, and such other statement of facts as1-14
may be determined by the department. The reverse side of the certificate of1-15
ownership must contain forms for notice to the department of a transfer of1-16
the title or interest of the owner or lienholder and application for1-17
registration by the transferee. If a new certificate of ownership is issued for2-1
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 of2-3
the replaced certificate. Except as otherwise required by federal law, the2-4
certificate of ownership of a vehicle which the department knows to have2-5
been stolen must not contain any statement or other indication that the2-6
mileage specified in the certificate or registered on the odometer is2-7
anything other than the actual mileage traveled by the vehicle, in the2-8
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: 482.470 1. If any vehicle is dismantled, junked or rendered2-12
inoperative and unfit for further use in accordance with the original purpose2-13
for which it was constructed, the owner shall deliver to the department any2-14
certificate of registration and certificate of ownership issued by the2-15
department or any other jurisdiction, unless the certificate of ownership is2-16
required for the collection of any insurance or other indemnity for the loss2-17
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 in2-19
subsection 1 shall immediately deliver to the department any license plate2-20
or plates, certificate of registration or certificate of ownership issued by the2-21
department or any other jurisdiction, if he has acquired possession of any of2-22
these and unless the certificate of ownership is required for a further2-23
transfer in the ultimate disposition of the vehicle.2-24
3. The department may issue a2-25
as provided in chapter 487 of NRS. The department shall not charge a fee2-26
for the issuance of the2-27
4. The department shall destroy any plate or plates, certificate of2-28
registration or certificate of ownership that is returned in a manner2-29
described in subsections 1 and 2. The department shall not issue a2-30
certificate of registration or certificate of ownership for a vehicle with the2-31
same identification number as the dismantled, junked or inoperative vehicle2-32
if the vehicle was manufactured in the 5 years preceding the date on which2-33
it was dismantled, junked or otherwise rendered inoperative, unless the2-34
department authorizes the restoration of the vehicle pursuant to subsection2-35
2 of NRS 482.553.2-36
Sec. 3. NRS 487.100 is hereby amended to read as follows: 487.100 1. Except as otherwise provided in subsection 2, any2-38
automobile wrecker purchasing from any person other than a licensed2-39
operator of a salvage pool, any vehicle subject to registration pursuant to2-40
the laws of this state shall forward to the department the certificates of2-41
ownership and registration last issued therefor.3-1
2. The certificate of ownership last issued for a mobile home or3-2
commercial coach must be sent by the wrecker to the manufactured housing3-3
division.3-4
3. The state agency may issue to the licensee a3-5
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 the3-9
salvage title.3-10
Sec. 4. NRS 487.120 is hereby amended to read as follows: 487.120 1. If the applicant for a3-12
title is unable to furnish the certificates of ownership and registration last3-13
issued for the vehicle or a bill of sale of salvage, the state agency may3-14
accept the application, examine the circumstances of the case and require3-15
the filing of suitable affidavits or other information or documents. If3-16
satisfied that the applicant is entitled to a3-17
salvage title, the state agency may issue the3-18
2. No duplicate certificate of ownership or registration may be issued3-19
when a3-20
are required for the affidavits of any stolen, lost or damaged certificate, or3-21
duplicates thereof, unless the vehicle is subsequently registered.3-22
Sec. 5. NRS 487.130 is hereby amended to read as follows: 487.130 If any person acquires a vehicle as transferee for the purpose3-24
of dismantling or wrecking3-25
must be transferred to the person without payment of any fee upon3-26
application for the issuance of a3-27
Sec. 6. NRS 487.150 is hereby amended to read as follows: 487.150 No vehicle for which a3-29
title has been issued may subsequently be registered until it has been3-30
inspected by the department and found to be in a safe mechanical condition3-31
and equipped with safety glass.3-32
Sec. 7. NRS 487.160 is hereby amended to read as follows: 487.160 1. The department, after notice and hearing, may suspend,3-34
revoke or refuse to renew a license of an automobile wrecker upon3-35
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 of3-38
that license;3-39
(c) Has failed to return a3-40
state agency when and as required of him by NRS 487.045 to 487.190,3-41
inclusive; or3-42
(d) Has failed to surrender to the state agency certificates of ownership3-43
for vehicles before beginning to dismantle or wreck the vehicles.4-1
2. The applicant or licensee may, within 30 days after receipt of the4-2
notice of refusal, suspension or revocation, petition the department in4-3
writing for a hearing.4-4
3. Hearings under this section and appeals therefrom must be4-5
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 of4-7
an automobile wrecker, or deny a license to an applicant therefor, if the4-8
licensee or applicant:4-9
(a) Does not have or maintain an established place of business in this4-10
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 to4-13
487.190, inclusive.4-14
(d) Fails to furnish and keep in force any bond required by NRS4-15
487.050 to 487.190, inclusive.4-16
(e) Fails to discharge any final judgment entered against him when the4-17
judgment arises out of any misrepresentation of a vehicle, trailer or4-18
semitrailer.4-19
(f) Fails to maintain any license or bond required by a political4-20
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 a4-23
violation of a provision of this chapter.4-24
(i) Fails or refuses to provide to the department an authorization for the4-25
disclosure of financial records for the business as required pursuant to4-26
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 after4-29
the date of the denial.4-30
6. The department may refuse to review a subsequent application for4-31
licensing submitted by any person who violates any provision of this4-32
chapter.4-33
7. Upon the receipt of any report or complaint alleging that an4-34
applicant or a licensee has engaged in financial misconduct or has failed to4-35
satisfy any financial obligation related to the business of dismantling,4-36
scrapping, processing or wrecking of vehicles, the department may require4-37
the applicant or licensee to submit to the department an authorization for4-38
the disclosure of financial records for the business as provided in NRS4-39
239A.090. The department may use any information obtained pursuant to4-40
such an authorization only to determine the suitability of the applicant or4-41
licensee for initial or continued licensure. Information obtained pursuant to4-42
such an authorization may be disclosed only to those employees of the4-43
department who are authorized to issue a license to an applicant pursuant to5-1
NRS 487.050 to 487.200, inclusive, or to determine the suitability of an5-2
applicant or a licensee for such licensure.5-3
8. For the purposes of this section, failure to adhere to the directives of5-4
the state agency advising the licensee of his noncompliance with any5-5
provision of NRS 487.045 to 487.190, inclusive, or regulations of the state5-6
agency, within 10 days after the receipt of those directives, is prima facie5-7
evidence of willful failure to comply.5-8
Sec. 8. NRS 487.250 is hereby amended to read as follows: 487.250 1. The state agency or political subdivision shall, within 485-10
hours after the appraisal , notify the head of the state agency of the removal5-11
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 or5-15
otherwise disposed of.5-16
2. The person who removed the vehicle must notify the registered5-17
owner and any person having a security interest in the vehicle by registered5-18
or certified mail that the vehicle has been removed and will be junked or5-19
dismantled or otherwise disposed of unless the registered owner or the5-20
person having a security interest in the vehicle responds and pays the costs5-21
of removal.5-22
3. Failure to reclaim within 15 days after notification a vehicle5-23
appraised at $500 or less constitutes a waiver of interest in the vehicle by5-24
any person having an interest in the vehicle.5-25
4. If all recorded interests in a vehicle appraised at $500 or less are5-26
waived, either as provided in subsection 3 or by written disclaimer by any5-27
person having an interest in the vehicle, the state agency shall issue a5-28
5-29
towed the vehicle or to whom the vehicle may have been delivered, or a5-30
certificate of ownership to the garage owner if he elects to retain the vehicle5-31
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: 487.270 1. Whenever a vehicle has been removed to a garage or5-34
other place as provided by NRS 487.230, the owner of the garage or the5-35
automobile wrecker who towed the vehicle has a lien on the vehicle for the5-36
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 not5-38
reclaimed within the period prescribed in NRS 487.250, the owner of the5-39
garage or automobile wrecker may satisfy his lien by retaining the vehicle5-40
and obtaining a certificate of ownership thereto or a5-41
5-42
3. If the vehicle is appraised at a value of more than $500 and is not5-43
reclaimed within 45 days, the owner of the garage or automobile wrecker6-1
may satisfy his lien, in accordance with the provisions of NRS 108.265 to6-2
108.360, inclusive.6-3
Sec. 10. NRS 487.480 is hereby amended to read as follows: 487.480 1. Before an operator of a salvage pool sells any vehicle6-5
subject to registration pursuant to the laws of this state, he must have in his6-6
possession the certificate of ownership or a bill of sale of salvage for that6-7
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 the6-9
department. The department shall not issue a certificate of registration or6-10
certificate of ownership for a vehicle with the same identification number if6-11
the vehicle was manufactured in the 5 years preceding the date on which6-12
the operator forwards the certificates to the department, unless the6-13
department authorizes the restoration of the vehicle pursuant to subsection6-14
2 of NRS 482.553.6-15
2. Upon sale of the vehicle, the operator of the salvage pool shall6-16
provide a bill of sale of salvage to the licensed automobile wrecker, dealer6-17
of new or used motor vehicles or rebuilder on a form prescribed and6-18
supplied by the department. The department shall accept the bill of sale of6-19
salvage in lieu of the certificate of ownership or other evidence of title6-20
from the:6-21
(a) Automobile wrecker , if the bill of sale of salvage is accompanied by6-22
an appropriate application for a6-23
or6-24
(b) Dealer of new or used motor vehicles or rebuilder when he licenses6-25
the vehicle for operation or transfers ownership of it, if the bill of sale of6-26
salvage is accompanied by an appropriate application, all other required6-27
documents and fees, and a certificate of inspection signed by an employee6-28
of the department attesting to the mechanical fitness and safety of the6-29
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 another6-34
state6-35
(d) An automobile wrecker or dismantler who is licensed in another6-36
state6-37
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, serial6-40
number and motor number, or any other number of the vehicle. Except as6-41
otherwise provided in this subsection, the department shall charge and6-42
collect a fee of $10 for the issuance of a6-43
title pursuant to this subsection. The department shall not charge such a fee7-1
for the issuance of a7-2
automobile wrecker licensed in this state. Fees collected by the department7-3
pursuant to this subsection must be deposited with the state treasurer to the7-4
credit of the account for regulation of salvage pools, automobile wreckers,7-5
body shops and garages. Possession of a7-6
salvage title does not entitle a person to dismantle, scrap, process or wreck7-7
any vehicle in this state unless the person holds a license issued pursuant to7-8
NRS 487.050.7-9
Sec. 11. This act becomes effective upon passage and approval.~