Assembly Bill No. 552–Assemblywoman Cegavske
March 15, 1999
____________
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 16 or 17 years of age 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;2-1
(b) He has at least 50 hours of supervised experience in driving a2-2
motor vehicle with a restricted license, instruction permit or restricted2-3
instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280,2-4
including, without limitation, at least 10 hours of experience in driving a2-5
motor vehicle during darkness;2-6
(c) His parent, legal guardian, a licensed driver who is at least 212-7
years of age or a licensed driving instructor, if the person applying for2-8
the provisional license is an emancipated minor, signs and submits to the2-9
department a form provided by the department which attests that the2-10
person applying for the provisional license has completed the training2-11
and experience required pursuant to paragraphs (a) and (b);2-12
(d) He has not been found to be responsible for a motor vehicle2-13
accident during the 6 months before he applies for the provisional2-14
license;2-15
(e) He has not been convicted of a moving traffic violation or a crime2-16
involving alcohol or a controlled substance during the 6 months before2-17
he applies for the provisional license; and2-18
(f) He has held an instruction permit for not less than 6 months2-19
before he applies for the provisional license.2-20
2. A person who is 16 or 17 years of age and who:2-21
(a) Resides in a county whose population is less than 35,000 or in a2-22
city or town whose population is less than 25,000; and2-23
(b) Is not enrolled in a school or is enrolled in a school that does not2-24
offer automobile driver education,2-25
is not required to complete a course as required pursuant to paragraph2-26
(a) of subsection 1.2-27
Sec. 3. 1. Except as otherwise provided in subsections 2 and 3, a2-28
person to whom a provisional license is issued pursuant to section 2 of2-29
this act shall not:2-30
(a) During the first 4 months after the date on which the provisional2-31
license is issued, transport as a passenger a person who is under 18 years2-32
of age; and2-33
(b) During the first 12 months after the date on which the provisional2-34
license is issued, drive between the hours of 10 p.m. and 5 a.m.,2-35
unless he is accompanied and supervised by a licensed driver who is at2-36
least 21 years of age and who has had at least 3 years of licensed driving2-37
experience, or by a licensed driving instructor.2-38
2. A person to whom a provisional license is issued pursuant to2-39
section 2 of this act may transport as a passenger a member of his2-40
immediate family, regardless of the age of the family member.2-41
3. A person to whom a provisional license is issued pursuant to2-42
section 2 of this act may, during the first 12 months after the provisional2-43
license is issued, drive between the hours of 10 p.m. and 5 a.m., without3-1
being accompanied and supervised, under any of the following3-2
circumstances:3-3
(a) It is necessary for the licensee to drive because of a medical3-4
condition of the licensee. A licensee who presents to a peace officer a3-5
signed statement from a physician who is familiar with the medical3-6
condition of the licensee, including, without limitation, the diagnosis and3-7
date by which the licensee is anticipated to have recovered so that it is no3-8
longer necessary for him to transport himself, must be presumed to be in3-9
compliance with this paragraph.3-10
(b) It is necessary for the licensee to drive to attend school or an3-11
activity authorized by his school. A licensee who presents to a peace3-12
officer a signed statement from the parent or guardian of the licensee3-13
stating the reason for the necessity and an attached statement from the3-14
school that includes the date that the schooling or activity authorized by3-15
the school probably will be completed must be presumed to be in3-16
compliance with this paragraph.3-17
(c) It is necessary for the licensee to drive to attend work. A licensee3-18
who presents to a peace officer a signed statement from the employer of3-19
the licensee, including, without limitation, verification of his employment3-20
and the date that the employment is anticipated to end, must be presumed3-21
to be in compliance with this paragraph.3-22
(d) It is necessary for the licensee to transport himself or a member of3-23
his immediate family. A licensee who presents to a peace officer a signed3-24
statement from the parent or legal guardian of the licensee stating the3-25
reason for the necessity and the date that the necessity probably will3-26
terminate must be presumed to be in compliance with this paragraph.3-27
(e) The licensee is an emancipated minor.3-28
4. A peace officer may issue a citation as provided in NRS 484.799 if3-29
the officer has probable cause to believe that a licensee is in violation of3-30
this section, including, without limitation, probable cause to believe that3-31
a signed statement presented by a licensee pursuant to paragraphs (a) to3-32
(d), inclusive, of subsection 3 is forged or altered.3-33
5. As used in this section, the term "licensed driving experience"3-34
does not include driving experience gained under an instruction permit3-35
issued pursuant to NRS 483.280.3-36
Sec. 4. 1. A person who violates any provision of section 3 of this3-37
act is guilty of a misdemeanor and shall be punished:3-38
(a) For the first offense, by a fine of not more than $20, and not less3-39
than 8 hours, but not more than 16 hours of community service; and3-40
(b) For the second or subsequent offense, by a fine of not more than3-41
$40, and not less than 16 hours, but not more than 24 hours of3-42
community service.4-1
2. A judge or his designee may void a citation for a violation of4-2
subsection 3 of section 3 of this act if the licensee presents a signed4-3
statement described in paragraphs (a) to (d), inclusive, of subsection 3 of4-4
section 3 of this act.4-5
3. In addition to any other penalty, if a person is convicted of4-6
violating any provision of section 3 of this act, the court may:4-7
(a) For the first offense, require him to participate for 8 hours in a4-8
course to improve driving; and4-9
(b) For the second or subsequent offense, require him to participate4-10
for 16 hours in a course to improve driving.4-11
4. If a person has not completed the community service or4-12
participated in the course to improve driving, if required, within 90 days4-13
after the date on which the court issued the order requiring him to do so,4-14
the court shall:4-15
(a) If it is the first violation of a provision of section 3 of this act,4-16
impose an additional fine of not more than $20; and4-17
(b) If it is the second or subsequent violation of a provision of section4-18
3 of this act, impose an additional fine of not more than $40.4-19
The court may also require the person to participate in additional hours4-20
of a course to improve driving.4-21
5. A peace officer shall not stop a motor vehicle for the sole purpose4-22
of determining whether the driver is violating a provision of section 3 of4-23
this act. A citation may be issued for a violation of section 3 of this act4-24
only if the violation is discovered when the vehicle is halted or its driver4-25
arrested for another alleged violation or offense.4-26
6. A violation of section 3 of this act:4-27
(a) Is not a moving traffic violation pursuant to NRS 483.473; and4-28
(b) Is not grounds for suspension or revocation of the provisional4-29
license pursuant to NRS 483.360.4-30
Sec. 5. 1. The department may establish a waiting period that is4-31
not longer than 30 days during which an applicant for a provisional4-32
license pursuant to section 2 of this act who fails the examination may4-33
not retake the examination for the provisional license.4-34
2. The department:4-35
(a) Shall include the original date that a provisional license was4-36
issued on the face of each provisional license issued pursuant to section 24-37
of this act or otherwise indicate that the license is provisional;4-38
(b) May issue provisional drivers’ licenses with distinguishing4-39
characteristics which clearly indicate that the licensee is 16 or 17 years of4-40
age; and4-41
(c) May adopt regulations necessary to carry out the laws governing4-42
the issuance of provisional licenses.5-1
Sec. 6. A restriction on or suspension of the driver’s license of a5-2
person who is under 18 years of age remains in effect until the end of the5-3
term of the restriction or suspension even if the person becomes 18 years5-4
of age before the end of the term of the restriction or suspension.5-5
Sec. 7. NRS 483.250 is hereby amended to read as follows: 483.250 The department shall not issue any license under the5-7
provisions of NRS 483.010 to 483.630, inclusive:5-8
1. To any person who is under the age of 18 years, except that the5-9
department may issue:5-10
(a) A restricted license to a person5-11
5-12
NRS 483.267 and 483.270.5-13
(b) An instruction permit to a person who is at least 15 1/2 years of age5-14
pursuant to the provisions of subsection 1 of NRS 483.280.5-15
(c) A restricted instruction permit to a person under the age of 18 years5-16
pursuant to the provisions of subsection5-17
(d)5-18
5-19
5-20
5-21
5-22
5-23
5-24
5-25
5-26
5-27
5-28
5-29
5-30
5-31
5-32
5-33
5-34
5-35
5-36
5-37
5-38
5-39
5-40
5-41
5-42
6-1
provisional license to a person who is 16 or 17 years of age pursuant to6-2
the provisions of sections 2 to 5, inclusive, of this act.6-3
2. To any person whose license has been revoked until the expiration6-4
of the period during which he is not eligible for a license.6-5
3. To any person whose license has been suspended, but, upon good6-6
cause shown to the administrator, the department may issue a restricted6-7
license to him or shorten any period of suspension.6-8
4. To any person who has previously been adjudged to be afflicted with6-9
or suffering from any mental disability or disease and who has not at the6-10
time of application been restored to legal capacity.6-11
5. To any person who is required by NRS 483.010 to 483.630,6-12
inclusive, to take an examination, unless he has successfully passed the6-13
examination.6-14
6. To any person when the administrator has good cause to believe that6-15
by reason of physical or mental disability that person would not be able to6-16
operate a motor vehicle safely.6-17
7. To any person who is not a resident of this state.6-18
8. To any child who is the subject of a court order issued pursuant to6-19
paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or6-20
62.228 which delays his privilege to drive.6-21
9. To any person who is the subject of a court order issued pursuant to6-22
NRS 206.330 which suspends or delays his privilege to drive until the6-23
expiration of the period of suspension or delay.6-24
Sec. 8. NRS 483.255 is hereby amended to read as follows: 483.255 The department shall adopt regulations that set forth the6-26
number of hours of training which a person whose age is less than 18 years6-27
must complete in a course provided by a school for training drivers to be6-28
issued a provisional license pursuant to6-29
subparagraph (2) of paragraph (a) of subsection 1 of6-30
section 2 of this act. The regulations must require that the number of hours6-31
that must be completed by such a person be comparable to the number of6-32
hours of instruction which would be required of such a person if he6-33
completed his training in a course provided pursuant to NRS 389.090.6-34
Sec. 8.5. NRS 483.267 is hereby amended to read as follows: 483.267 1. The department may issue a restricted license to any6-36
applicant6-37
age, inclusive, which entitles him to drive a motor vehicle upon a highway6-38
if a member of his household has a medical condition which renders that6-39
member unable to operate a motor vehicle, and a hardship exists which6-40
requires the applicant to drive.6-41
2. An application for a restricted license under this section must:6-42
(a) Be made upon a form provided by the department.7-1
(b) Contain a statement that a person living in the same household with7-2
the applicant suffers from a medical condition which renders that person7-3
unable to operate a motor vehicle and explaining the need for the applicant7-4
to drive.7-5
(c) Be signed and verified as provided in NRS 483.300.7-6
(d) Contain such other information as may be required by the7-7
department.7-8
3. A restricted license issued pursuant to this section:7-9
(a) Is effective for the period specified by the department;7-10
(b) Authorizes the licensee to operate a motor vehicle on a street or7-11
highway only under conditions specified by the department; and7-12
(c) May contain other restrictions which the department deems7-13
necessary.7-14
4. No license may be issued under this section until the department is7-15
satisfied fully as to the applicant’s competency and fitness to drive a motor7-16
vehicle.7-17
Sec. 9. NRS 483.270 is hereby amended to read as follows: 483.270 1. The department may issue a restricted license to any pupil7-19
7-20
inclusive, and who is attending:7-21
(a) A public school in a school district in this state in a county whose7-22
population is less than 35,000 or in a city or town whose population is less7-23
than 25,000 when transportation to and from school is not provided by the7-24
board of trustees of the school district, if the pupil meets the requirements7-25
for eligibility adopted by the department pursuant to subsection 5; or7-26
(b) A private school meeting the requirements for approval under NRS7-27
392.070 when transportation to and from school is not provided by the7-28
private school,7-29
and it is impossible or impracticable to furnish such a pupil with private7-30
transportation to and from school.7-31
2. An application for the issuance of a restricted license under this7-32
section must:7-33
(a) Be made upon a form provided by the department.7-34
(b) Be signed and verified as provided in NRS 483.300.7-35
(c) Contain such other information as may be required by the7-36
department.7-37
3. Any restricted license issued pursuant to this section:7-38
(a) Is effective only for the school year during which it is issued or for a7-39
more restricted period.7-40
(b) Authorizes the licensee to drive a motor vehicle on a street or7-41
highway only while going directly to and from school7-42
activity, and at a speed not in excess of the speed limit set by law for school7-43
buses.8-1
(c) May contain such other restrictions as the department may deem8-2
necessary and proper.8-3
(d) May authorize the licensee to transport as passengers in a motor8-4
vehicle driven by him, only while he is going directly to and from school8-5
or a school activity, members of his immediate family, or other minor8-6
persons upon written consent of the parents or guardians of such minors,8-7
but in no event may the number of passengers so transported at any time8-8
exceed the number of passengers for which the vehicle was designed.8-9
4. No restricted license may be issued under the provisions of this8-10
section until the department is satisfied fully as to the applicant’s8-11
competency and fitness to drive a motor vehicle.8-12
5. The department shall adopt regulations that set forth the8-13
requirements for eligibility of a pupil to receive a restricted license8-14
pursuant to paragraph (a) of subsection 1.8-15
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 apply8-17
to the department for an instruction permit. The department may, in its8-18
discretion, after the applicant has successfully passed all parts of the8-19
examination other than the driving test, issue to the applicant an instruction8-20
permit entitling the applicant, while having the permit in his immediate8-21
possession, to drive a motor vehicle upon the highways for a period of8-22
8-23
years of age, who has had at least8-24
experience in the type of vehicle for which the permit was issued and who8-25
is actually occupying a seat beside the driver, except when the permittee is8-26
occupying a motorcycle. The term "licensed driving experience" as used in8-27
this subsection does not include driving experience gained under an8-28
instruction permit issued pursuant to the provisions of this section.8-29
2. The department may establish a waiting period that is not longer8-30
than 30 days during which an applicant for an instruction permit who8-31
fails the examination may not retake the examination for the instruction8-32
permit.8-33
3. The department may, in its discretion, issue a temporary driver’s8-34
permit to an applicant for a driver’s license permitting him to drive a motor8-35
vehicle while the department is completing its investigation and8-36
determination of all facts relative to the applicant’s right to receive a8-37
driver’s license. The permit must be in his immediate possession while8-38
driving a motor vehicle, and is invalid when the applicant’s license has8-39
been issued or for good cause has been refused.8-40
8-41
discretion, issue a restricted instruction permit effective for a school year,8-42
or more restricted period, to an applicant who is enrolled in a driver8-43
education program which includes practice driving and which is approved9-1
by the department even though the applicant has not reached the legal age9-2
to be eligible for a driver’s license. The instruction permit entitles the9-3
permittee, when he has the permit in his immediate possession, to drive a9-4
motor vehicle only on a designated highway or within a designated area,9-5
but only when an approved instructor is occupying a seat beside the9-6
permittee.9-7
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 the9-9
provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 6,9-10
inclusive, of this act, unless such violation is, by NRS 483.010 to 483.630,9-11
inclusive, and sections 2 to 6, inclusive, of this act or other law of this9-12
state, declared to be a felony.9-13
Sec. 12. NRS 389.090 is hereby amended to read as follows: 389.090 1. The state board shall adopt regulations governing the9-15
establishment, conduct and scope of automobile driver education in the9-16
public schools of this state.9-17
2. The aims and purposes of automobile driver education are to9-18
develop the knowledge, attitudes, habits and skills necessary for the safe9-19
operation of motor vehicles.9-20
3. The board of trustees of a school district may establish and maintain9-21
automobile driver education classes during regular semesters and summer9-22
sessions and during the regular school day and at times other than during9-23
the regular school day for:9-24
(a) Pupils enrolled in the regular full-time day high schools in the school9-25
district.9-26
(b) Pupils enrolled in summer classes conducted in high schools in the9-27
school district.9-28
A board of trustees maintaining courses in automobile driver education9-29
shall insure against any liability arising out of the use of motor vehicles in9-30
connection with those courses. The cost of the insurance must be paid from9-31
available school district funds.9-32
4. A governing body of a charter school may establish and maintain9-33
automobile driver education classes if the governing body insures against9-34
any liability arising out of the use of motor vehicles in connection with9-35
those courses.9-36
5. Automobile driver education must be provided by boards of trustees9-37
of school districts and governing bodies of charter schools in accordance9-38
with the regulations of the state board and may not be duplicated by any9-39
other agency, department, commission or officer of the State of Nevada.9-40
6. Each course in automobile driver education provided by a board of9-41
trustees of a school district or a governing body of a charter school must9-42
include, without limitation, instruction in:9-43
(a) Motor vehicle insurance.10-1
(b) The effect of drugs and alcohol on an operator of a motor vehicle.10-2
7. Each course in automobile driver education provided by a board of10-3
trustees of a school district or a governing body of a charter school must be10-4
restricted to pupils who are10-5
at least 15 years of age.10-6
Sec. 13. 1. The provisions of section 4 of this act do not apply to10-7
offenses that were committed before July 1, 2000.10-8
2. The amendatory provisions of sections 2 to 5, inclusive, and section10-9
7 of this act do not apply to a person who has been issued a driver’s license10-10
before July 1, 2000.10-11
3. The amendatory provisions of section 10 of this act do not apply to a10-12
person who has been issued an instruction permit before July 1, 2000.10-13
Sec. 14. This act becomes effective on July 1, 2000.~