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 [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 motor vehicles; establishing provisional drivers’ licenses for persons between the ages of 16 and 18 years; making various changes concerning restricted licenses for pupils in schools, instruction permits and automobile driver education in public schools; providing penalties; 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. Chapter 483 of NRS is hereby amended by adding thereto

1-2 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 a

1-4 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 a

1-6 course:

1-7 (1) In automobile driver education pursuant to NRS 389.090; or

1-8 (2) Provided by a school for training drivers that is licensed

1-9 pursuant to NRS 483.700 to 483.780, inclusive, and which complies with

1-10 the applicable regulations governing the establishment, conduct and

1-11 scope of automobile driver education adopted by the state board of

1-12 education pursuant to NRS 389.090;

1-13 (b) He has at least 50 hours of supervised experience in driving a

1-14 motor vehicle with a restricted license, instruction permit or restricted

2-1 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 a

2-3 motor vehicle during darkness;

2-4 (c) His parent, legal guardian, a licensed driver who is at least 21

2-5 years of age or a licensed driving instructor, if the person applying for

2-6 the provisional license is an emancipated minor, signs and submits to the

2-7 department a form provided by the department which attests that the

2-8 person applying for the provisional license has completed the training

2-9 and experience required pursuant to paragraphs (a) and (b);

2-10 (d) He has not been found to be responsible for a motor vehicle

2-11 accident during the 6 months before he applies for the provisional

2-12 license;

2-13 (e) He has not been convicted of a moving traffic violation or a crime

2-14 involving alcohol or a controlled substance during the 6 months before

2-15 he applies for the provisional license; and

2-16 (f) He has held an instruction permit for not less than 6 months

2-17 before 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 a

2-20 city or town whose population is less than 25,000; and

2-21 (b) Is not enrolled in a school or is enrolled in a school that does not

2-22 offer automobile driver education,

2-23 is not required to complete a course as required pursuant to paragraph

2-24 (a) of subsection 1.

2-25 Sec. 3. 1. Except as otherwise provided in subsections 2 and 3, a

2-26 person to whom a provisional license is issued pursuant to section 2 of

2-27 this act shall not:

2-28 (a) During the first 4 months after the date on which the provisional

2-29 license is issued, transport as a passenger a person who is under 18 years

2-30 of age; and

2-31 (b) During the first 12 months after the date on which the provisional

2-32 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 at

2-34 least 21 years of age and who has had at least 3 years of licensed driving

2-35 experience, or by a licensed driving instructor.

2-36 2. A person to whom a provisional license is issued pursuant to

2-37 section 2 of this act may transport as a passenger a member of his

2-38 immediate family, regardless of the age of the family member.

2-39 3. A person to whom a provisional license is issued pursuant to

2-40 section 2 of this act may, during the first 12 months after the provisional

2-41 license is issued, drive between the hours of 10 p.m. and 5 a.m., without

2-42 being accompanied and supervised, if:

3-1 (a) It is necessary for the licensee to drive because of a medical

3-2 condition of the licensee, if the licensee has in his immediate possession

3-3 a signed statement from a physician who is familiar with his medical

3-4 condition including, without limitation, the diagnosis and date by which

3-5 the licensee is anticipated to have recovered so that it is no longer

3-6 necessary for him to transport himself;

3-7 (b) It is necessary for the licensee to drive to attend school or an

3-8 activity authorized by his school, if the licensee has in his immediate

3-9 possession a signed statement from his parent or legal guardian stating

3-10 the reason for the necessity and an attached statement from the school

3-11 that includes the date that the schooling or activity authorized by the

3-12 school probably will be completed;

3-13 (c) It is necessary for the licensee to drive to attend work, if the

3-14 licensee has in his immediate possession a signed statement from his

3-15 employer including, without limitation, verification of his employment

3-16 and the date that the employment is anticipated to end;

3-17 (d) It is necessary for the licensee to transport himself or a member of

3-18 his immediate family, if the licensee has in his immediate possession a

3-19 signed statement from his parent or legal guardian stating the reason for

3-20 the necessity and the date by that the necessity probably will terminate; or

3-21 (e) The licensee is an emancipated minor.

3-22 4. As used in this section, the term "licensed driving experience"

3-23 does not include driving experience gained under an instruction permit

3-24 issued pursuant to NRS 483.280.

3-25 Sec. 4. 1. A person who violates any provision of section 3 of this

3-26 act is guilty of a misdemeanor and shall be punished:

3-27 (a) For the first offense, by a fine of not more than $35, and not less

3-28 than 8 hours, but not more than 16 hours of community service; and

3-29 (b) For the second or subsequent offense, by a fine of not more than

3-30 $50, and not less than 16 hours, but not more than 24 hours of

3-31 community service.

3-32 2. In addition to any other penalty, if a person is convicted of

3-33 violating any provision of section 3 of this act, the court may:

3-34 (a) For the first offense, require him to participate for 8 hours in a

3-35 course to improve driving; and

3-36 (b) For the second or subsequent offense, require him to participate

3-37 for 16 hours in a course to improve driving.

3-38 3. If a person has not completed the community service or

3-39 participated in the course to improve driving, if required, within 90 days

3-40 after the date on which the court issued the order requiring him to do so,

3-41 the court shall:

3-42 (a) If it is the first violation of a provision of section 3 of this act,

3-43 impose an additional fine of not more than $35; and

4-1 (b) If it is the second or subsequent violation of a provision of section

4-2 3 of this act, impose an additional fine of not more than $50.

4-3 The court may also require the person to participate in additional hours

4-4 of a course to improve driving.

4-5 4. A peace officer shall not stop a motor vehicle for the sole purpose

4-6 of determining whether the driver is violating a provision of section 3 of

4-7 this act. A citation may be issued for a violation of section 3 of this act

4-8 only if the violation is discovered when the vehicle is halted or its driver

4-9 arrested for another alleged violation or offense.

4-10 5. A violation of section 3 of this act:

4-11 (a) Is not a moving traffic violation pursuant to NRS 483.473; and

4-12 (b) Is not grounds for suspension or revocation of the provisional

4-13 license pursuant to NRS 483.360.

4-14 Sec. 5. 1. The department may establish a waiting period that is

4-15 not longer than 30 days during which an applicant for a provisional

4-16 license pursuant to section 2 of this act who fails the examination may

4-17 not retake the examination for the provisional license.

4-18 2. The department:

4-19 (a) Shall include the original date that a provisional license was

4-20 issued on the face of each provisional license issued pursuant to section 2

4-21 of this act or otherwise indicate that the license is provisional;

4-22 (b) May issue provisional drivers’ licenses with distinguishing

4-23 characteristics which clearly indicate that the licensee is between the ages

4-24 of 16 and 18 years; and

4-25 (c) May adopt regulations necessary to carry out the laws governing

4-26 the issuance of provisional licenses.

4-27 Sec. 6. A restriction on or suspension of the driver’s license of a

4-28 person who is under 18 years of age remains in effect until the end of the

4-29 term of the restriction or suspension even if the person becomes 18 years

4-30 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:

4-32 483.250 The department shall not issue any license under the

4-33 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 the

4-35 department may issue:

4-36 (a) A restricted license to a person between the ages of 14 and 18 years

4-37 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 age

4-39 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 years

4-41 pursuant to the provisions of subsection [3] 4 of NRS 483.280.

5-1 (d) [Except as otherwise provided in paragraph (e), a] A provisional

5-2 license to a person between the ages of 16 and 18 years [who has

5-3 completed a course:

5-4 (1) In automobile driver education pursuant to NRS 389.090; or

5-5 (2) Provided by a school for training drivers licensed pursuant to NRS

5-6 483.700 to 483.780, inclusive, if the course complies with the applicable

5-7 regulations governing the establishment, conduct and scope of automobile

5-8 driver education adopted by the state board of education pursuant to NRS

5-9 389.090,

5-10 and who has at least 50 hours of experience in driving a motor vehicle with

5-11 a restricted license, instruction permit or restricted instruction permit issued

5-12 pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal

5-13 guardian of a person who desires to obtain a license pursuant to this

5-14 paragraph must sign and submit to the department a form provided by the

5-15 department which attests that the person who desires a license has

5-16 completed the training and experience required by this paragraph.

5-17 (e) A license to a person who is between the ages of 16 and 18 years if:

5-18 (1) The public school in which he is enrolled is located in a county

5-19 whose population is less than 35,000 or in a city or town whose population

5-20 is less than 25,000;

5-21 (2) The public school does not offer automobile driver education;

5-22 (3) He has at least 50 hours of experience in driving a motor vehicle

5-23 with a restricted license, instruction permit or restricted instruction permit

5-24 issued pursuant to NRS 483.267, 483.270 or 483.280; and

5-25 (4) His parent or legal guardian signs and submits to the department a

5-26 form provided by the department which attests that the person who desires

5-27 a license has completed the experience required by subparagraph (3).]

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 expiration

5-30 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 good

5-32 cause shown to the administrator, the department may issue a restricted

5-33 license to him or shorten any period of suspension.

5-34 4. To any person who has previously been adjudged to be afflicted with

5-35 or suffering from any mental disability or disease and who has not at the

5-36 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 the

5-39 examination.

5-40 6. To any person when the administrator has good cause to believe that

5-41 by reason of physical or mental disability that person would not be able to

5-42 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 to

6-2 paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

6-3 62.228 which delays his privilege to drive.

6-4 9. To any person who is the subject of a court order issued pursuant to

6-5 NRS 206.330 which suspends or delays his privilege to drive until the

6-6 expiration of the period of suspension or delay.

6-7 Sec. 8. NRS 483.255 is hereby amended to read as follows:

6-8 483.255 The department shall adopt regulations that set forth the

6-9 number of hours of training which a person whose age is less than 18 years

6-10 must complete in a course provided by a school for training drivers to be

6-11 issued a provisional license pursuant to [subparagraph (2) of paragraph (d)]

6-12 subparagraph (2) of paragraph (a) of subsection 1 of [NRS 483.250.]

6-13 section 2 of this act. The regulations must require that the number of hours

6-14 that must be completed by such a person be comparable to the number of

6-15 hours of instruction which would be required of such a person if he

6-16 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:

6-18 483.270 1. The department may issue a restricted license to any pupil

6-19 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 whose

6-21 population is less than 35,000 or in a city or town whose population is less

6-22 than 25,000 when transportation to and from school is not provided by the

6-23 board of trustees of the school district, if the pupil meets the requirements

6-24 for eligibility adopted by the department pursuant to subsection 5; or

6-25 (b) A private school meeting the requirements for approval under NRS

6-26 392.070 when transportation to and from school is not provided by the

6-27 private school,

6-28 and it is impossible or impracticable to furnish such a pupil with private

6-29 transportation to and from school.

6-30 2. An application for the issuance of a restricted license under this

6-31 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 the

6-35 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 a

6-38 more restricted period.

6-39 (b) Authorizes the licensee to drive a motor vehicle on a street or

6-40 highway only while going directly to and from school [,] or a school

6-41 activity, and at a speed not in excess of the speed limit set by law for school

6-42 buses.

7-1 (c) May contain such other restrictions as the department may deem

7-2 necessary and proper.

7-3 (d) May authorize the licensee to transport as passengers in a motor

7-4 vehicle driven by him, only while he is going directly to and from school [,]

7-5 or a school activity, members of his immediate family, or other minor

7-6 persons upon written consent of the parents or guardians of such minors [,]

7-7 when such written consent is in the immediate possession of the licensee,

7-8 but in no event may the number of passengers so transported at any time

7-9 exceed the number of passengers for which the vehicle was designed.

7-10 4. No restricted license may be issued under the provisions of this

7-11 section until the department is satisfied fully as to the applicant’s

7-12 competency and fitness to drive a motor vehicle.

7-13 5. The department shall adopt regulations that set forth the

7-14 requirements for eligibility of a pupil to receive a restricted license

7-15 pursuant to paragraph (a) of subsection 1.

7-16 Sec. 10. NRS 483.280 is hereby amended to read as follows:

7-17 483.280 1. Any person who is at least 15 1/2 years of age may apply

7-18 to the department for an instruction permit. The department may, in its

7-19 discretion, after the applicant has successfully passed all parts of the

7-20 examination other than the driving test, issue to the applicant an instruction

7-21 permit entitling the applicant, while having the permit in his immediate

7-22 possession, to drive a motor vehicle upon the highways for a period of [8

7-23 months] 1 year when accompanied by a licensed driver who is at least 21

7-24 years of age, who has had at least [1 year] 3 years of licensed driving

7-25 experience in the type of vehicle for which the permit was issued and who

7-26 is actually occupying a seat beside the driver, except when the permittee is

7-27 occupying a motorcycle. The term "licensed driving experience" as used in

7-28 this subsection does not include driving experience gained under an

7-29 instruction permit issued pursuant to the provisions of this section.

7-30 2. The department may establish a waiting period that is not longer

7-31 than 30 days during which an applicant for an instruction permit who

7-32 fails the examination may not retake the examination for the instruction

7-33 permit.

7-34 3. The department may, in its discretion, issue a temporary driver’s

7-35 permit to an applicant for a driver’s license permitting him to drive a motor

7-36 vehicle while the department is completing its investigation and

7-37 determination of all facts relative to the applicant’s right to receive a

7-38 driver’s license. The permit must be in his immediate possession while

7-39 driving a motor vehicle, and is invalid when the applicant’s license has

7-40 been issued or for good cause has been refused.

7-41 [3.] 4. The department, upon receiving proper application, may, in its

7-42 discretion, issue a restricted instruction permit effective for a school year,

7-43 or more restricted period, to an applicant who is enrolled in a driver

8-1 education program which includes practice driving and which is approved

8-2 by the department even though the applicant has not reached the legal age

8-3 to be eligible for a driver’s license. The instruction permit entitles the

8-4 permittee, when he has the permit in his immediate possession, to drive a

8-5 motor vehicle only on a designated highway or within a designated area,

8-6 but only when an approved instructor is occupying a seat beside the

8-7 permittee.

8-8 Sec. 11. NRS 483.620 is hereby amended to read as follows:

8-9 483.620 It is a misdemeanor for any person to violate any of the

8-10 provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 6,

8-11 inclusive, of this act, unless such violation is, by NRS 483.010 to 483.630,

8-12 inclusive, and sections 2 to 6, inclusive, of this act or other law of this

8-13 state, declared to be a felony.

8-14 Sec. 12. NRS 389.090 is hereby amended to read as follows:

8-15 389.090 1. The state board shall adopt regulations governing the

8-16 establishment, conduct and scope of automobile driver education in the

8-17 public schools of this state.

8-18 2. The aims and purposes of automobile driver education are to

8-19 develop the knowledge, attitudes, habits and skills necessary for the safe

8-20 operation of motor vehicles.

8-21 3. The board of trustees of a school district may establish and maintain

8-22 automobile driver education classes during regular semesters and summer

8-23 sessions and during the regular school day and at times other than during

8-24 the regular school day for:

8-25 (a) Pupils enrolled in the regular full-time day high schools in the school

8-26 district.

8-27 (b) Pupils enrolled in summer classes conducted in high schools in the

8-28 school district.

8-29 A board of trustees maintaining courses in automobile driver education

8-30 shall insure against any liability arising out of the use of motor vehicles in

8-31 connection with those courses. The cost of the insurance must be paid from

8-32 available school district funds.

8-33 4. A governing body of a charter school may establish and maintain

8-34 automobile driver education classes if the governing body insures against

8-35 any liability arising out of the use of motor vehicles in connection with

8-36 those courses.

8-37 5. Automobile driver education must be provided by boards of trustees

8-38 of school districts and governing bodies of charter schools in accordance

8-39 with the regulations of the state board and may not be duplicated by any

8-40 other agency, department, commission or officer of the State of Nevada.

8-41 6. Each course in automobile driver education provided by a board of

8-42 trustees of a school district or a governing body of a charter school must

8-43 include, without limitation, instruction in:

9-1 (a) Motor vehicle insurance.

9-2 (b) The effect of drugs and alcohol on an operator of a motor vehicle.

9-3 7. Each course in automobile driver education provided by a board of

9-4 trustees of a school district or a governing body of a charter school must be

9-5 restricted to pupils who are [sophomores, juniors or seniors in high school.]

9-6 at least 15 years of age.

9-7 Sec. 13. 1. The provisions of section 4 of this act do not apply to

9-8 offenses that were committed before July 1, 2000.

9-9 2. The amendatory provisions of sections 2 to 5, inclusive, and section

9-10 7 of this act do not apply to a person who has been issued a driver’s license

9-11 before July 1, 2000.

9-12 3. The amendatory provisions of section 10 of this act do not apply to a

9-13 person who has been issued an instruction permit before July 1, 2000.

9-14 Sec. 14. This act becomes effective on July 1, 2000.

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