Assembly Bill No. 552–Assemblywoman Cegavske
March 15, 1999
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Joint Sponsor: Senator O’Donnell
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Referred to Committee on Transportation
SUMMARY—Makes various changes concerning drivers’ licenses issued to persons under age of 18 years. (BDR 43-715)
FISCAL NOTE: Effect on Local Government: Yes.
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. Chapter 483 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 6, inclusive, of this act.1-3
Sec. 2. 1. The department may issue a provisional license to a1-4
person who is between the ages of 16 and 18 years if:1-5
(a) Except as otherwise provided in subsection 2, he has completed a1-6
course:1-7
(1) In automobile driver education pursuant to NRS 389.090; or1-8
(2) Provided by a school for training drivers that is licensed1-9
pursuant to NRS 483.700 to 483.780, inclusive, and which complies with1-10
the applicable regulations governing the establishment, conduct and1-11
scope of automobile driver education adopted by the state board of1-12
education pursuant to NRS 389.090;1-13
(b) He has at least 50 hours of supervised experience in driving a1-14
motor vehicle with a restricted license, instruction permit or restricted2-1
instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280,2-2
including, without limitation, at least 10 hours of experience in driving a2-3
motor vehicle during darkness;2-4
(c) His parent, legal guardian, a licensed driver who is at least 212-5
years of age or a licensed driving instructor, if the person applying for2-6
the provisional license is an emancipated minor, signs and submits to the2-7
department a form provided by the department which attests that the2-8
person applying for the provisional license has completed the training2-9
and experience required pursuant to paragraphs (a) and (b);2-10
(d) He has not been found to be responsible for a motor vehicle2-11
accident during the 6 months before he applies for the provisional2-12
license;2-13
(e) He has not been convicted of a moving traffic violation or a crime2-14
involving alcohol or a controlled substance during the 6 months before2-15
he applies for the provisional license; and2-16
(f) He has held an instruction permit for not less than 6 months before2-17
he applies for the provisional license.2-18
2. A person between the ages of 16 and 18 years who:2-19
(a) Resides in a county whose population is less than 35,000 or in a2-20
city or town whose population is less than 25,000; and2-21
(b) Is not enrolled in a school or is enrolled in a school that does not2-22
offer automobile driver education,2-23
is not required to complete a course as required pursuant to paragraph2-24
(a) of subsection 1.2-25
Sec. 3. 1. Except as otherwise provided in subsection 2, a person to2-26
whom a provisional license is issued pursuant to section 2 of this act2-27
shall not:2-28
(a) During the first 6 months after the date on which the provisional2-29
license is issued, transport as a passenger a person who is under 20 years2-30
of age; and2-31
(b) During the first 12 months after the date on which the provisional2-32
license is issued, drive between the hours of 10 p.m. and 5 a.m.,2-33
unless he is accompanied and supervised by a licensed driver who is at2-34
least 21 years of age and who has had at least 3 years of licensed driving2-35
experience, or by a licensed driving instructor.2-36
2. A person to whom a provisional license is issued pursuant to2-37
section 2 of this act may, during the first 6 months after the provisional2-38
license is issued, transport as a passenger a member of his immediate2-39
family, and during the first 12 months after the provisional license is2-40
issued, drive between the hours of 10 p.m. and 5 a.m., without being2-41
accompanied and supervised, if:2-42
(a) It is necessary for the licensee to drive because of a medical2-43
condition of the licensee and reasonable alternative transportation is3-1
inadequate, if the licensee has in his immediate possession a signed3-2
statement from a physician who is familiar with his medical condition3-3
including, without limitation, the diagnosis and date by which the3-4
licensee is anticipated to have recovered so that it is no longer necessary3-5
for him to transport himself;3-6
(b) It is necessary for the licensee to drive to attend school or an3-7
activity authorized by his school and reasonable alternative3-8
transportation is inadequate, if the licensee has in his immediate3-9
possession a signed statement from the principal or dean or a member of3-10
the staff of his school designated by the principal or dean that includes3-11
the date that the schooling or activity authorized by the school probably3-12
will be completed;3-13
(c) It is necessary for the licensee to drive to attend work and3-14
reasonable alternative transportation is inadequate, if the licensee has in3-15
his immediate possession a signed statement from his employer3-16
including, without limitation, verification of his employment and the date3-17
that the employment is anticipated to end;3-18
(d) It is necessary for the licensee to transport himself or a member of3-19
his immediate family and reasonable alternative transportation is3-20
inadequate, if the licensee has in his immediate possession a signed3-21
statement from his parent or legal guardian stating the reason for the3-22
necessity and the date by that the necessity probably will terminate; or3-23
(e) The licensee is an emancipated minor.3-24
3. As used in this section, the term "licensed driving experience"3-25
does not include driving experience gained under an instruction permit3-26
issued pursuant to NRS 483.280.3-27
Sec. 4. 1. A person who violates any provision of section 3 of this3-28
act is guilty of a misdemeanor and shall be punished:3-29
(a) For the first offense, by a fine of not more than $35, and not less3-30
than 8 hours, but not more than 16 hours of community service; and3-31
(b) For the second or subsequent offense, by a fine of not more than3-32
$50, and not less than 16 hours, but not more than 24 hours of3-33
community service.3-34
2. In addition to any other penalty, if a person is convicted of3-35
violating any provision of section 3 of this act, the court may:3-36
(a) For the first offense, require him to participate for 8 hours in a3-37
course to improve driving; and3-38
(b) For the second or subsequent offense, require him to participate3-39
for 16 hours in a course to improve driving.3-40
3. If a person has not completed the community service or3-41
participated in the course to improve driving, if required, within 90 days3-42
after the date on which the court issued the order requiring him to do so,3-43
the court shall:4-1
(a) If it is the first violation of a provision of section 3 of this act,4-2
impose an additional fine of not more than $35; and4-3
(b) If it is the second or subsequent violation of a provision of section4-4
3 of this act, impose an additional fine of not more than $50.4-5
The court may also require the person to participate in additional hours4-6
of a course to improve driving.4-7
4. A peace officer shall not stop a motor vehicle for the sole purpose4-8
of determining whether the driver is violating a provision of section 3 of4-9
this act. A citation may be issued for a violation of section 3 of this act4-10
only if the violation is discovered when the vehicle is halted or its driver4-11
arrested for another alleged violation or offense.4-12
5. A violation of section 3 of this act:4-13
(a) Is not a moving traffic violation pursuant to NRS 483.473; and4-14
(b) May not be considered as negligence or as causation in any civil4-15
action or as negligent or reckless driving pursuant to NRS 484.377.4-16
Sec. 5. 1. The department may establish a waiting period that is4-17
not longer than 30 days during which an applicant for a provisional4-18
license pursuant to section 2 of this act who fails the examination may4-19
not retake the examination for the provisional license.4-20
2. The department:4-21
(a) Shall include the original date that a provisional license was4-22
issued on the face of each provisional license issued pursuant to section 24-23
of this act; and4-24
(b) May issue provisional drivers’ licenses with distinguishing4-25
characteristics which clearly indicate that the licensee is between the4-26
ages of 16 and 18 years.4-27
Sec. 6. A restriction on or suspension of the driver’s license of a4-28
person who is under 18 years of age remains in effect until the end of the4-29
term of the restriction or suspension even if the person becomes 18 years4-30
of age before the end of the term of the restriction or suspension.4-31
Sec. 7. NRS 483.250 is hereby amended to read as follows: 483.250 The department shall not issue any license under the4-33
provisions of NRS 483.010 to 483.630, inclusive:4-34
1. To any person who is under the age of 18 years, except that the4-35
department may issue:4-36
(a) A restricted license to a person between the ages of 14 and 18 years4-37
pursuant to the provisions of NRS 483.267 and 483.270.4-38
(b) An instruction permit to a person who is at least 15 1/2 years of age4-39
pursuant to the provisions of subsection 1 of NRS 483.280.4-40
(c) A restricted instruction permit to a person under the age of 18 years4-41
pursuant to the provisions of subsection5-1
(d)5-2
license to a person between the ages of 16 and 18 years5-3
5-4
5-5
5-6
5-7
5-8
5-9
5-10
5-11
5-12
5-13
5-14
5-15
5-16
5-17
5-18
5-19
5-20
5-21
5-22
5-23
5-24
5-25
5-26
5-27
5-28
pursuant to the provisions of sections 2 to 5, inclusive, of this act.5-29
2. To any person whose license has been revoked until the expiration5-30
of the period during which he is not eligible for a license.5-31
3. To any person whose license has been suspended, but, upon good5-32
cause shown to the administrator, the department may issue a restricted5-33
license to him or shorten any period of suspension.5-34
4. To any person who has previously been adjudged to be afflicted5-35
with or suffering from any mental disability or disease and who has not at5-36
the time of application been restored to legal capacity.5-37
5. To any person who is required by NRS 483.010 to 483.630,5-38
inclusive, to take an examination, unless he has successfully passed the5-39
examination.5-40
6. To any person when the administrator has good cause to believe that5-41
by reason of physical or mental disability that person would not be able to5-42
operate a motor vehicle safely.5-43
7. To any person who is not a resident of this state.6-1
8. To any child who is the subject of a court order issued pursuant to6-2
paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or6-3
62.228 which delays his privilege to drive.6-4
9. To any person who is the subject of a court order issued pursuant to6-5
NRS 206.330 which suspends or delays his privilege to drive until the6-6
expiration of the period of suspension or delay.6-7
Sec. 8. NRS 483.255 is hereby amended to read as follows: 483.255 The department shall adopt regulations that set forth the6-9
number of hours of training which a person whose age is less than 18 years6-10
must complete in a course provided by a school for training drivers to be6-11
issued a provisional license pursuant to6-12
6-13
section 2 of this act. The regulations must require that the number of hours6-14
that must be completed by such a person be comparable to the number of6-15
hours of instruction which would be required of such a person if he6-16
completed his training in a course provided pursuant to NRS 389.090.6-17
Sec. 9. NRS 483.270 is hereby amended to read as follows: 483.270 1. The department may issue a restricted license to any6-19
pupil between the ages of 14 and 18 years who is attending:6-20
(a) A public school in a school district in this state in a county whose6-21
population is less than 35,000 or in a city or town whose population is less6-22
than 25,000 when transportation to and from school is not provided by the6-23
board of trustees of the school district, if the pupil meets the requirements6-24
for eligibility adopted by the department pursuant to subsection 5; or6-25
(b) A private school meeting the requirements for approval under NRS6-26
392.070 when transportation to and from school is not provided by the6-27
private school,6-28
and it is impossible or impracticable to furnish such a pupil with private6-29
transportation to and from school.6-30
2. An application for the issuance of a restricted license under this6-31
section must:6-32
(a) Be made upon a form provided by the department.6-33
(b) Be signed and verified as provided in NRS 483.300.6-34
(c) Contain such other information as may be required by the6-35
department.6-36
3. Any restricted license issued pursuant to this section:6-37
(a) Is effective only for the school year during which it is issued or for a6-38
more restricted period.6-39
(b) Authorizes the licensee to drive a motor vehicle on a street or6-40
highway only while going directly to and from school, and at a speed not6-41
in excess of the speed limit set by law for school buses.6-42
(c) May contain such other restrictions as the department may deem6-43
necessary and proper.7-1
(d) May authorize the licensee to transport as passengers in a motor7-2
vehicle driven by him, only while he is going directly to and from school,7-3
members of his immediate family, or other minor persons upon written7-4
consent of the parents or guardians of such minors7-5
consent is in the immediate possession of the licensee, but in no event7-6
may the number of passengers so transported at any time exceed the7-7
number of passengers for which the vehicle was designed.7-8
4. No restricted license may be issued under the provisions of this7-9
section until the department is satisfied fully as to the applicant’s7-10
competency and fitness to drive a motor vehicle.7-11
5. The department shall adopt regulations that set forth the7-12
requirements for eligibility of a pupil to receive a restricted license7-13
pursuant to paragraph (a) of subsection 1.7-14
Sec. 10. NRS 483.280 is hereby amended to read as follows: 483.280 1. Any person who is at least 15 1/2 years of age may apply7-16
to the department for an instruction permit. The department may, in its7-17
discretion, after the applicant has successfully passed all parts of the7-18
examination other than the driving test, issue to the applicant an instruction7-19
permit entitling the applicant, while having the permit in his immediate7-20
possession, to drive a motor vehicle upon the highways for a period of7-21
7-22
years of age, who has had at least7-23
experience in the type of vehicle for which the permit was issued and who7-24
is actually occupying a seat beside the driver, except when the permittee is7-25
occupying a motorcycle. The term "licensed driving experience" as used in7-26
this subsection does not include driving experience gained under an7-27
instruction permit issued pursuant to the provisions of this section.7-28
2. The department may establish a waiting period that is not longer7-29
than 30 days during which an applicant for an instruction permit who7-30
fails the examination may not retake the examination for the instruction7-31
permit.7-32
3. The department may, in its discretion, issue a temporary driver’s7-33
permit to an applicant for a driver’s license permitting him to drive a motor7-34
vehicle while the department is completing its investigation and7-35
determination of all facts relative to the applicant’s right to receive a7-36
driver’s license. The permit must be in his immediate possession while7-37
driving a motor vehicle, and is invalid when the applicant’s license has7-38
been issued or for good cause has been refused.7-39
7-40
discretion, issue a restricted instruction permit effective for a school year,7-41
or more restricted period, to an applicant who is enrolled in a driver7-42
education program which includes practice driving and which is approved7-43
by the department even though the applicant has not reached the legal age8-1
to be eligible for a driver’s license. The instruction permit entitles the8-2
permittee, when he has the permit in his immediate possession, to drive a8-3
motor vehicle only on a designated highway or within a designated area,8-4
but only when an approved instructor is occupying a seat beside the8-5
permittee.8-6
Sec. 11. NRS 483.620 is hereby amended to read as follows: 483.620 It is a misdemeanor for any person to violate any of the8-8
provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 6,8-9
inclusive, of this act, unless such violation is, by NRS 483.010 to 483.630,8-10
inclusive, and sections 2 to 6, inclusive, of this act or other law of this8-11
state, declared to be a felony.8-12
Sec. 12. NRS 389.090 is hereby amended to read as follows: 389.090 1. The state board shall adopt regulations governing the8-14
establishment, conduct and scope of automobile driver education in the8-15
public schools of this state.8-16
2. The aims and purposes of automobile driver education are to8-17
develop the knowledge, attitudes, habits and skills necessary for the safe8-18
operation of motor vehicles.8-19
3. The board of trustees of a school district may establish and maintain8-20
automobile driver education classes during regular semesters and summer8-21
sessions and during the regular school day and at times other than during8-22
the regular school day for:8-23
(a) Pupils enrolled in the regular full-time day high schools in the8-24
school district.8-25
(b) Pupils enrolled in summer classes conducted in high schools in the8-26
school district.8-27
A board of trustees maintaining courses in automobile driver education8-28
shall insure against any liability arising out of the use of motor vehicles in8-29
connection with those courses. The cost of the insurance must be paid from8-30
available school district funds.8-31
4. A governing body of a charter school may establish and maintain8-32
automobile driver education classes if the governing body insures against8-33
any liability arising out of the use of motor vehicles in connection with8-34
those courses.8-35
5. Automobile driver education must be provided by boards of trustees8-36
of school districts and governing bodies of charter schools in accordance8-37
with the regulations of the state board and may not be duplicated by any8-38
other agency, department, commission or officer of the State of Nevada.8-39
6. Each course in automobile driver education provided by a board of8-40
trustees of a school district or a governing body of a charter school must8-41
include, without limitation, instruction in:8-42
(a) Motor vehicle insurance.8-43
(b) The effect of drugs and alcohol on an operator of a motor vehicle.9-1
7. Each course in automobile driver education provided by a board of9-2
trustees of a school district or a governing body of a charter school must be9-3
restricted to pupils who are9-4
9-5
Sec. 13. 1. The provisions of section 4 of this act do not apply to9-6
offenses that were committed before July 1, 2000.9-7
2. The amendatory provisions of sections 2 to 5, inclusive, and section9-8
7 of this act do not apply to a person who has been issued a driver’s license9-9
before July 1, 2000.9-10
3. The amendatory provisions of section 10 of this act do not apply to9-11
a person who has been issued an instruction permit before July 1, 2000.9-12
Sec. 14. This act becomes effective on July 1, 2000.~