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 who are 16 or 17 years of age; making various changes concerning restricted licenses for pupils in schools, instruction permits and automobile driver education in public schools; clarifying certain provisions concerning the issuance of restricted licenses; 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 16 or 17 years of age 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;

2-1 (b) He has at least 50 hours of supervised experience in driving a

2-2 motor vehicle with a restricted license, instruction permit or restricted

2-3 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 a

2-5 motor vehicle during darkness;

2-6 (c) His parent, legal guardian, a licensed driver who is at least 21

2-7 years of age or a licensed driving instructor, if the person applying for

2-8 the provisional license is an emancipated minor, signs and submits to the

2-9 department a form provided by the department which attests that the

2-10 person applying for the provisional license has completed the training

2-11 and experience required pursuant to paragraphs (a) and (b);

2-12 (d) He has not been found to be responsible for a motor vehicle

2-13 accident during the 6 months before he applies for the provisional

2-14 license;

2-15 (e) He has not been convicted of a moving traffic violation or a crime

2-16 involving alcohol or a controlled substance during the 6 months before

2-17 he applies for the provisional license; and

2-18 (f) He has held an instruction permit for not less than 6 months

2-19 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 a

2-22 city or town whose population is less than 25,000; and

2-23 (b) Is not enrolled in a school or is enrolled in a school that does not

2-24 offer automobile driver education,

2-25 is not required to complete a course as required pursuant to paragraph

2-26 (a) of subsection 1.

2-27 Sec. 3. 1. Except as otherwise provided in subsections 2 and 3, a

2-28 person to whom a provisional license is issued pursuant to section 2 of

2-29 this act shall not:

2-30 (a) During the first 4 months after the date on which the provisional

2-31 license is issued, transport as a passenger a person who is under 18 years

2-32 of age; and

2-33 (b) During the first 12 months after the date on which the provisional

2-34 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 at

2-36 least 21 years of age and who has had at least 3 years of licensed driving

2-37 experience, or by a licensed driving instructor.

2-38 2. A person to whom a provisional license is issued pursuant to

2-39 section 2 of this act may transport as a passenger a member of his

2-40 immediate family, regardless of the age of the family member.

2-41 3. A person to whom a provisional license is issued pursuant to

2-42 section 2 of this act may, during the first 12 months after the provisional

2-43 license is issued, drive between the hours of 10 p.m. and 5 a.m., without

3-1 being accompanied and supervised, under any of the following

3-2 circumstances:

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

3-4 condition of the licensee. A licensee who presents to a peace officer a

3-5 signed statement from a physician who is familiar with the medical

3-6 condition of the licensee, including, without limitation, the diagnosis and

3-7 date by which the licensee is anticipated to have recovered so that it is no

3-8 longer necessary for him to transport himself, must be presumed to be in

3-9 compliance with this paragraph.

3-10 (b) It is necessary for the licensee to drive to attend school or an

3-11 activity authorized by his school. A licensee who presents to a peace

3-12 officer a signed statement from the parent or guardian of the licensee

3-13 stating the reason for the necessity and an attached statement from the

3-14 school that includes the date that the schooling or activity authorized by

3-15 the school probably will be completed must be presumed to be in

3-16 compliance with this paragraph.

3-17 (c) It is necessary for the licensee to drive to attend work. A licensee

3-18 who presents to a peace officer a signed statement from the employer of

3-19 the licensee, including, without limitation, verification of his employment

3-20 and the date that the employment is anticipated to end, must be presumed

3-21 to be in compliance with this paragraph.

3-22 (d) It is necessary for the licensee to transport himself or a member of

3-23 his immediate family. A licensee who presents to a peace officer a signed

3-24 statement from the parent or legal guardian of the licensee stating the

3-25 reason for the necessity and the date that the necessity probably will

3-26 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 if

3-29 the officer has probable cause to believe that a licensee is in violation of

3-30 this section, including, without limitation, probable cause to believe that

3-31 a signed statement presented by a licensee pursuant to paragraphs (a) to

3-32 (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 permit

3-35 issued pursuant to NRS 483.280.

3-36 Sec. 4. 1. A person who violates any provision of section 3 of this

3-37 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 less

3-39 than 8 hours, but not more than 16 hours of community service; and

3-40 (b) For the second or subsequent offense, by a fine of not more than

3-41 $40, and not less than 16 hours, but not more than 24 hours of

3-42 community service.

4-1 2. A judge or his designee may void a citation for a violation of

4-2 subsection 3 of section 3 of this act if the licensee presents a signed

4-3 statement described in paragraphs (a) to (d), inclusive, of subsection 3 of

4-4 section 3 of this act.

4-5 3. In addition to any other penalty, if a person is convicted of

4-6 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 a

4-8 course to improve driving; and

4-9 (b) For the second or subsequent offense, require him to participate

4-10 for 16 hours in a course to improve driving.

4-11 4. If a person has not completed the community service or

4-12 participated in the course to improve driving, if required, within 90 days

4-13 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; and

4-17 (b) If it is the second or subsequent violation of a provision of section

4-18 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 hours

4-20 of a course to improve driving.

4-21 5. A peace officer shall not stop a motor vehicle for the sole purpose

4-22 of determining whether the driver is violating a provision of section 3 of

4-23 this act. A citation may be issued for a violation of section 3 of this act

4-24 only if the violation is discovered when the vehicle is halted or its driver

4-25 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; and

4-28 (b) Is not grounds for suspension or revocation of the provisional

4-29 license pursuant to NRS 483.360.

4-30 Sec. 5. 1. The department may establish a waiting period that is

4-31 not longer than 30 days during which an applicant for a provisional

4-32 license pursuant to section 2 of this act who fails the examination may

4-33 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 was

4-36 issued on the face of each provisional license issued pursuant to section 2

4-37 of this act or otherwise indicate that the license is provisional;

4-38 (b) May issue provisional drivers’ licenses with distinguishing

4-39 characteristics which clearly indicate that the licensee is 16 or 17 years of

4-40 age; and

4-41 (c) May adopt regulations necessary to carry out the laws governing

4-42 the issuance of provisional licenses.

5-1 Sec. 6. A restriction on or suspension of the driver’s license of a

5-2 person who is under 18 years of age remains in effect until the end of the

5-3 term of the restriction or suspension even if the person becomes 18 years

5-4 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:

5-6 483.250 The department shall not issue any license under the

5-7 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 the

5-9 department may issue:

5-10 (a) A restricted license to a person [between the ages of 14 and 18

5-11 years] who is 14 to 17 years of age, inclusive, pursuant to the provisions of

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 age

5-14 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 years

5-16 pursuant to the provisions of subsection [3] 4 of NRS 483.280.

5-17 (d) [Except as otherwise provided in paragraph (e), a license to a person

5-18 between the ages of 16 and 18 years who has completed a course:

5-19 (1) In automobile driver education pursuant to NRS 389.090; or

5-20 (2) Provided by a school for training drivers licensed pursuant to NRS

5-21 483.700 to 483.780, inclusive, if the course complies with the applicable

5-22 regulations governing the establishment, conduct and scope of automobile

5-23 driver education adopted by the state board of education pursuant to NRS

5-24 389.090,

5-25 and who has at least 50 hours of experience in driving a motor vehicle with

5-26 a restricted license, instruction permit or restricted instruction permit issued

5-27 pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal

5-28 guardian of a person who desires to obtain a license pursuant to this

5-29 paragraph must sign and submit to the department a form provided by the

5-30 department which attests that the person who desires a license has

5-31 completed the training and experience required by this paragraph.

5-32 (e) A license to a person who is between the ages of 16 and 18 years if:

5-33 (1) The public school in which he is enrolled is located in a county

5-34 whose population is less than 35,000 or in a city or town whose population

5-35 is less than 25,000;

5-36 (2) The public school does not offer automobile driver education;

5-37 (3) He has at least 50 hours of experience in driving a motor vehicle

5-38 with a restricted license, instruction permit or restricted instruction permit

5-39 issued pursuant to NRS 483.267, 483.270 or 483.280; and

5-40 (4) His parent or legal guardian signs and submits to the department a

5-41 form provided by the department which attests that the person who desires

5-42 a license has completed the experience required by subparagraph (3).] A

6-1 provisional license to a person who is 16 or 17 years of age pursuant to

6-2 the provisions of sections 2 to 5, inclusive, of this act.

6-3 2. To any person whose license has been revoked until the expiration

6-4 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 good

6-6 cause shown to the administrator, the department may issue a restricted

6-7 license to him or shorten any period of suspension.

6-8 4. To any person who has previously been adjudged to be afflicted with

6-9 or suffering from any mental disability or disease and who has not at the

6-10 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 the

6-13 examination.

6-14 6. To any person when the administrator has good cause to believe that

6-15 by reason of physical or mental disability that person would not be able to

6-16 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 to

6-19 paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

6-20 62.228 which delays his privilege to drive.

6-21 9. To any person who is the subject of a court order issued pursuant to

6-22 NRS 206.330 which suspends or delays his privilege to drive until the

6-23 expiration of the period of suspension or delay.

6-24 Sec. 8. NRS 483.255 is hereby amended to read as follows:

6-25 483.255 The department shall adopt regulations that set forth the

6-26 number of hours of training which a person whose age is less than 18 years

6-27 must complete in a course provided by a school for training drivers to be

6-28 issued a provisional license pursuant to [subparagraph (2) of paragraph (d)]

6-29 subparagraph (2) of paragraph (a) of subsection 1 of [NRS 483.250.]

6-30 section 2 of this act. The regulations must require that the number of hours

6-31 that must be completed by such a person be comparable to the number of

6-32 hours of instruction which would be required of such a person if he

6-33 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:

6-35 483.267 1. The department may issue a restricted license to any

6-36 applicant [between the ages of 14 and 18 years] who is 14 to 17 years of

6-37 age, inclusive, which entitles him to drive a motor vehicle upon a highway

6-38 if a member of his household has a medical condition which renders that

6-39 member unable to operate a motor vehicle, and a hardship exists which

6-40 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 with

7-2 the applicant suffers from a medical condition which renders that person

7-3 unable to operate a motor vehicle and explaining the need for the applicant

7-4 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 the

7-7 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 or

7-11 highway only under conditions specified by the department; and

7-12 (c) May contain other restrictions which the department deems

7-13 necessary.

7-14 4. No license may be issued under this section until the department is

7-15 satisfied fully as to the applicant’s competency and fitness to drive a motor

7-16 vehicle.

7-17 Sec. 9. NRS 483.270 is hereby amended to read as follows:

7-18 483.270 1. The department may issue a restricted license to any pupil

7-19 [between the ages of 14 and 18 years] who is 14 to 17 years of age,

7-20 inclusive, and who is attending:

7-21 (a) A public school in a school district in this state in a county whose

7-22 population is less than 35,000 or in a city or town whose population is less

7-23 than 25,000 when transportation to and from school is not provided by the

7-24 board of trustees of the school district, if the pupil meets the requirements

7-25 for eligibility adopted by the department pursuant to subsection 5; or

7-26 (b) A private school meeting the requirements for approval under NRS

7-27 392.070 when transportation to and from school is not provided by the

7-28 private school,

7-29 and it is impossible or impracticable to furnish such a pupil with private

7-30 transportation to and from school.

7-31 2. An application for the issuance of a restricted license under this

7-32 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 the

7-36 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 a

7-39 more restricted period.

7-40 (b) Authorizes the licensee to drive a motor vehicle on a street or

7-41 highway only while going directly to and from school [,] or a school

7-42 activity, and at a speed not in excess of the speed limit set by law for school

7-43 buses.

8-1 (c) May contain such other restrictions as the department may deem

8-2 necessary and proper.

8-3 (d) May authorize the licensee to transport as passengers in a motor

8-4 vehicle driven by him, only while he is going directly to and from school [,]

8-5 or a school activity, members of his immediate family, or other minor

8-6 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 time

8-8 exceed the number of passengers for which the vehicle was designed.

8-9 4. No restricted license may be issued under the provisions of this

8-10 section until the department is satisfied fully as to the applicant’s

8-11 competency and fitness to drive a motor vehicle.

8-12 5. The department shall adopt regulations that set forth the

8-13 requirements for eligibility of a pupil to receive a restricted license

8-14 pursuant to paragraph (a) of subsection 1.

8-15 Sec. 10. NRS 483.280 is hereby amended to read as follows:

8-16 483.280 1. Any person who is at least 15 1/2 years of age may apply

8-17 to the department for an instruction permit. The department may, in its

8-18 discretion, after the applicant has successfully passed all parts of the

8-19 examination other than the driving test, issue to the applicant an instruction

8-20 permit entitling the applicant, while having the permit in his immediate

8-21 possession, to drive a motor vehicle upon the highways for a period of [8

8-22 months] 1 year when accompanied by a licensed driver who is at least 21

8-23 years of age, who has had at least [1 year] 3 years of licensed driving

8-24 experience in the type of vehicle for which the permit was issued and who

8-25 is actually occupying a seat beside the driver, except when the permittee is

8-26 occupying a motorcycle. The term "licensed driving experience" as used in

8-27 this subsection does not include driving experience gained under an

8-28 instruction permit issued pursuant to the provisions of this section.

8-29 2. The department may establish a waiting period that is not longer

8-30 than 30 days during which an applicant for an instruction permit who

8-31 fails the examination may not retake the examination for the instruction

8-32 permit.

8-33 3. The department may, in its discretion, issue a temporary driver’s

8-34 permit to an applicant for a driver’s license permitting him to drive a motor

8-35 vehicle while the department is completing its investigation and

8-36 determination of all facts relative to the applicant’s right to receive a

8-37 driver’s license. The permit must be in his immediate possession while

8-38 driving a motor vehicle, and is invalid when the applicant’s license has

8-39 been issued or for good cause has been refused.

8-40 [3.] 4. The department, upon receiving proper application, may, in its

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 driver

8-43 education program which includes practice driving and which is approved

9-1 by the department even though the applicant has not reached the legal age

9-2 to be eligible for a driver’s license. The instruction permit entitles the

9-3 permittee, when he has the permit in his immediate possession, to drive a

9-4 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 the

9-6 permittee.

9-7 Sec. 11. NRS 483.620 is hereby amended to read as follows:

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

9-9 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 this

9-12 state, declared to be a felony.

9-13 Sec. 12. NRS 389.090 is hereby amended to read as follows:

9-14 389.090 1. The state board shall adopt regulations governing the

9-15 establishment, conduct and scope of automobile driver education in the

9-16 public schools of this state.

9-17 2. The aims and purposes of automobile driver education are to

9-18 develop the knowledge, attitudes, habits and skills necessary for the safe

9-19 operation of motor vehicles.

9-20 3. The board of trustees of a school district may establish and maintain

9-21 automobile driver education classes during regular semesters and summer

9-22 sessions and during the regular school day and at times other than during

9-23 the regular school day for:

9-24 (a) Pupils enrolled in the regular full-time day high schools in the school

9-25 district.

9-26 (b) Pupils enrolled in summer classes conducted in high schools in the

9-27 school district.

9-28 A board of trustees maintaining courses in automobile driver education

9-29 shall insure against any liability arising out of the use of motor vehicles in

9-30 connection with those courses. The cost of the insurance must be paid from

9-31 available school district funds.

9-32 4. A governing body of a charter school may establish and maintain

9-33 automobile driver education classes if the governing body insures against

9-34 any liability arising out of the use of motor vehicles in connection with

9-35 those courses.

9-36 5. Automobile driver education must be provided by boards of trustees

9-37 of school districts and governing bodies of charter schools in accordance

9-38 with the regulations of the state board and may not be duplicated by any

9-39 other agency, department, commission or officer of the State of Nevada.

9-40 6. Each course in automobile driver education provided by a board of

9-41 trustees of a school district or a governing body of a charter school must

9-42 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 of

10-3 trustees of a school district or a governing body of a charter school must be

10-4 restricted to pupils who are [sophomores, juniors or seniors in high school.]

10-5 at least 15 years of age.

10-6 Sec. 13. 1. The provisions of section 4 of this act do not apply to

10-7 offenses that were committed before July 1, 2000.

10-8 2. The amendatory provisions of sections 2 to 5, inclusive, and section

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

10-10 before July 1, 2000.

10-11 3. The amendatory provisions of section 10 of this act do not apply to a

10-12 person who has been issued an instruction permit before July 1, 2000.

10-13 Sec. 14. This act becomes effective on July 1, 2000.

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