Assembly Bill No. 552–Assemblywoman Cegavske

Joint Sponsor: Senator O’Donnell

Returned from enrollment pursuant to ACR 68 (File No. 103)

Action of Passage Rescinded 5-18-99

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

1-15 instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280,

1-16 including, without limitation, at least 10 hours of experience in driving a

1-17 motor vehicle during darkness;

1-18 (c) His parent, legal guardian, a licensed driver who is at least 21

1-19 years of age or a licensed driving instructor, if the person applying for

1-20 the provisional license is an emancipated minor, signs and submits to the

1-21 department a form provided by the department which attests that the

1-22 person applying for the provisional license has completed the training

1-23 and experience required pursuant to paragraphs (a) and (b);

1-24 (d) He has not been found to be responsible for a motor vehicle

1-25 accident during the 6 months before he applies for the provisional

1-26 license;

1-27 (e) He has not been convicted of a moving traffic violation or a crime

1-28 involving alcohol or a controlled substance during the 6 months before

1-29 he applies for the provisional license; and

1-30 (f) He has held an instruction permit for not less than 6 months

1-31 before he applies for the provisional license.

2-1 2. A person between the ages of 16 and 18 years who:

2-2 (a) Resides in a county whose population is less than 35,000 or in a

2-3 city or town whose population is less than 25,000; and

2-4 (b) Is not enrolled in a school or is enrolled in a school that does not

2-5 offer automobile driver education,

2-6 is not required to complete a course as required pursuant to paragraph

2-7 (a) of subsection 1.

2-8 Sec. 3. 1. Except as otherwise provided in subsections 2 and 3, a

2-9 person to whom a provisional license is issued pursuant to section 2 of

2-10 this act shall not:

2-11 (a) During the first 4 months after the date on which the provisional

2-12 license is issued, transport as a passenger a person who is under 18 years

2-13 of age; and

2-14 (b) During the first 12 months after the date on which the provisional

2-15 license is issued, drive between the hours of 10 p.m. and 5 a.m.,

2-16 unless he is accompanied and supervised by a licensed driver who is at

2-17 least 21 years of age and who has had at least 3 years of licensed driving

2-18 experience, or by a licensed driving instructor.

2-19 2. A person to whom a provisional license is issued pursuant to

2-20 section 2 of this act may transport as a passenger a member of his

2-21 immediate family, regardless of the age of the family member.

2-22 3. A person to whom a provisional license is issued pursuant to

2-23 section 2 of this act may, during the first 12 months after the provisional

2-24 license is issued, drive between the hours of 10 p.m. and 5 a.m., without

2-25 being accompanied and supervised, if:

2-26 (a) It is necessary for the licensee to drive because of a medical

2-27 condition of the licensee, if the licensee has in his immediate possession

2-28 a signed statement from a physician who is familiar with his medical

2-29 condition including, without limitation, the diagnosis and date by which

2-30 the licensee is anticipated to have recovered so that it is no longer

2-31 necessary for him to transport himself;

2-32 (b) It is necessary for the licensee to drive to attend school or an

2-33 activity authorized by his school, if the licensee has in his immediate

2-34 possession a signed statement from his parent or legal guardian stating

2-35 the reason for the necessity and an attached statement from the school

2-36 that includes the date that the schooling or activity authorized by the

2-37 school probably will be completed;

2-38 (c) It is necessary for the licensee to drive to attend work, if the

2-39 licensee has in his immediate possession a signed statement from his

2-40 employer including, without limitation, verification of his employment

2-41 and the date that the employment is anticipated to end;

2-42 (d) It is necessary for the licensee to transport himself or a member of

2-43 his immediate family, if the licensee has in his immediate possession a

2-44 signed statement from his parent or legal guardian stating the reason for

2-45 the necessity and the date by that the necessity probably will terminate; or

2-46 (e) The licensee is an emancipated minor

2-47 .

3-1 4. As used in this section, the term "licensed driving experience"

3-2 does not include driving experience gained under an instruction permit

3-3 issued pursuant to NRS 483.280.

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

3-5 act is guilty of a misdemeanor and shall be punished:

3-6 (a) For the first offense, by a fine of not more than $35, and not less

3-7 than 8 hours, but not more than 16 hours of community service; and

3-8 (b) For the second or subsequent offense, by a fine of not more than

3-9 $50, and not less than 16 hours, but not more than 24 hours of

3-10 community service.

3-11 2. In addition to any other penalty, if a person is convicted of

3-12 violating any provision of section 3 of this act, the court may:

3-13 (a) For the first offense, require him to participate for 8 hours in a

3-14 course to improve driving; and

3-15 (b) For the second or subsequent offense, require him to participate

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

3-17 3. If a person has not completed the community service or

3-18 participated in the course to improve driving, if required, within 90 days

3-19 after the date on which the court issued the order requiring him to do so,

3-20 the court shall:

3-21 (a) If it is the first violation of a provision of section 3 of this act,

3-22 impose an additional fine of not more than $35; and

3-23 (b) If it is the second or subsequent violation of a provision of section

3-24 3 of this act, impose an additional fine of not more than $50.

3-25 The court may also require the person to participate in additional hours

3-26 of a course to improve driving.

3-27 4. A peace officer shall not stop a motor vehicle for the sole purpose

3-28 of determining whether the driver is violating a provision of section 3 of

3-29 this act. A citation may be issued for a violation of section 3 of this act

3-30 only if the violation is discovered when the vehicle is halted or its driver

3-31 arrested for another alleged violation or offense.

3-32 5. A violation of section 3 of this act:

3-33 (a) Is not a moving traffic violation pursuant to NRS 483.473; and

3-34 (b) Is not grounds for suspension or revocation of the provisional

3-35 license pursuant to NRS 483.360.

3-36 Sec. 5. 1. The department may establish a waiting period that is

3-37 not longer than 30 days during which an applicant for a provisional

3-38 license pursuant to section 2 of this act who fails the examination may

3-39 not retake the examination for the provisional license.

3-40 2. The department:

3-41 (a) Shall include the original date that a provisional license was

3-42 issued on the face of each provisional license issued pursuant to section 2

3-43 of this act or otherwise indicate that the license is provisional;

3-44 (b) May issue provisional drivers’ licenses with distinguishing

3-45 characteristics which clearly indicate that the licensee is between the ages

3-46 of 16 and 18 years; and

4-1 (c) May adopt regulations necessary to carry out the laws governing

4-2 the issuance of provisional licenses.

4-3 Sec. 6. A restriction on or suspension of the driver’s license of a

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

4-5 term of the restriction or suspension even if the person becomes 18 years

4-6 of age before the end of the term of the restriction or suspension.

4-7 Sec. 7. NRS 483.250 is hereby amended to read as follows:

4-8 483.250 The department shall not issue any license under the

4-9 provisions of NRS 483.010 to 483.630, inclusive:

4-10 1. To any person who is under the age of 18 years, except that the

4-11 department may issue:

4-12 (a) A restricted license to a person between the ages of 14 and 18 years

4-13 pursuant to the provisions of NRS 483.267 and 483.270.

4-14 (b) An instruction permit to a person who is at least 15 1/2 years of age

4-15 pursuant to the provisions of subsection 1 of NRS 483.280.

4-16 (c) A restricted instruction permit to a person under the age of 18 years

4-17 pursuant to the provisions of subsection [3] 4 of NRS 483. Green numbers along left margin indicate 4-18 location on the printed bill (e.g., 5-15 indicates page 5, line 15).280.

4-19 (d) [Except as otherwise provided in paragraph (e), a] A provisional

4-20 license to a person between the ages of 16 and 18 years [who has

4-21 completed a course:

4-22 (1) In automobile driver education pursuant to NRS 389.090; or

4-23 (2) Provided by a school for training drivers licensed pursuant to

4-24 NRS 483.700 to 483.780, inclusive, if the course complies with the

4-25 applicable regulations governing the establishment, conduct and scope of

4-26 automobile driver education adopted by the state board of education

4-27 pursuant to NRS 389.090,

4-28 and who has at least 50 hours of experience in driving a motor vehicle with

4-29 a restricted license, instruction permit or restricted instruction permit issued

4-30 pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal

4-31 guardian of a person who desires to obtain a license pursuant to this

4-32 paragraph must sign and submit to the department a form provided by the

4-33 department which attests that the person who desires a license has

4-34 completed the training and experience required by this paragraph.

4-35 (e) A license to a person who is between the ages of 16 and 18 years if:

4-36 (1) The public school in which he is enrolled is located in a county

4-37 whose population is less than 35,000 or in a city or town whose population

4-38 is less than 25,000;

4-39 (2) The public school does not offer automobile driver education;

4-40 (3) He has at least 50 hours of experience in driving a motor vehicle

4-41 with a restricted license, instruction permit or restricted instruction permit

4-42 issued pursuant to NRS 483.267, 483.270 or 483.280; and

4-43 (4) His parent or legal guardian signs and submits to the department a

4-44 form provided by the department which attests that the person who desires

4-45 a license has completed the experience required by subparagraph (3).]

4-46 pursuant to the provisions of sections 2 to 5, inclusive, of this act.

5-1 2. To any person whose license has been revoked until the expiration

5-2 of the period during which he is not eligible for a license.

5-3 3. To any person whose license has been suspended, but, upon good

5-4 cause shown to the administrator, the department may issue a restricted

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

5-6 4. To any person who has previously been adjudged to be afflicted

5-7 with or suffering from any mental disability or disease and who has not at

5-8 the time of application been restored to legal capacity.

5-9 5. To any person who is required by NRS 483.010 to 483.630,

5-10 inclusive, to take an examination, unless he has successfully passed the

5-11 examination.

5-12 6. To any person when the administrator has good cause to believe that

5-13 by reason of physical or mental disability that person would not be able to

5-14 operate a motor vehicle safely.

5-15 7. To any person who is not a resident of this state.

5-16 8. To any child who is the subject of a court order issued pursuant to

5-17 paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

5-18 62.228 which delays his privilege to drive.

5-19 9. To any person who is the subject of a court order issued pursuant to

5-20 NRS 206.330 which suspends or delays his privilege to drive until the

5-21 expiration of the period of suspension or delay.

5-22 Sec. 8. NRS 483.255 is hereby amended to read as follows:

5-23 483.255 The department shall adopt regulations that set forth the

5-24 number of hours of training which a person whose age is less than 18 years

5-25 must complete in a course provided by a school for training drivers to be

5-26 issued a provisional license pursuant to [subparagraph (2) of paragraph (d)]

5-27 subparagraph (2) of paragraph (a) of subsection 1 of [NRS 483.250.]

5-28 section 2 of this act. The regulations must require that the number of hours

5-29 that must be completed by such a person be comparable to the number of

5-30 hours of instruction which would be required of such a person if he

5-31 completed his training in a course provided pursuant to NRS 389.090.

5-32 Sec. 9. NRS 483.270 is hereby amended to read as follows:

5-33 483.270 1. The department may issue a restricted license to any pupil

5-34 between the ages of 14 and 18 years who is attending:

5-35 (a) A public school in a school district in this state in a county whose

5-36 population is less than 35,000 or in a city or town whose population is less

5-37 than 25,000 when transportation to and from school is not provided by the

5-38 board of trustees of the school district, if the pupil meets the requirements

5-39 for eligibility adopted by the department pursuant to subsection 5; or

5-40 (b) A private school meeting the requirements for approval under NRS

5-41 392.070 when transportation to and from school is not provided by the

5-42 private school,

5-43 and it is impossible or impracticable to furnish such a pupil with private

5-44 transportation to and from school.

6-1 2. An application for the issuance of a restricted license under this

6-2 section must:

6-3 (a) Be made upon a form provided by the department.

6-4 (b) Be signed and verified as provided in NRS 483.300.

6-5 (c) Contain such other information as may be required by the

6-6 department.

6-7 3. Any restricted license issued pursuant to this section:

6-8 (a) Is effective only for the school year during which it is issued or for a

6-9 more restricted period.

6-10 (b) Authorizes the licensee to drive a motor vehicle on a street or

6-11 highway only while going directly to and from school [,] or a school

6-12 activity, and at a speed not in excess of the speed limit set by law for school

6-13 buses.

6-14 (c) May contain such other restrictions as the department may deem

6-15 necessary and proper.

6-16 (d) May authorize the licensee to transport as passengers in a motor

6-17 vehicle driven by him, only while he is going directly to and from school [,]

6-18 or a school activity, members of his immediate family, or other minor

6-19 persons upon written consent of the parents or guardians of such minors [,]

6-20 when such written consent is in the immediate possession of the licensee,

6-21 but in no event may the number of passengers so transported at any time

6-22 exceed the number of passengers for which the vehicle was designed.

6-23 4. No restricted license may be issued under the provisions of this

6-24 section until the department is satisfied fully as to the applicant’s

6-25 competency and fitness to drive a motor vehicle.

6-26 5. The department shall adopt regulations that set forth the

6-27 requirements for eligibility of a pupil to receive a restricted license

6-28 pursuant to paragraph (a) of subsection 1.

6-29 Sec. 10. NRS 483.280 is hereby amended to read as follows:

6-30 483.280 1. Any person who is at least 15 1/2 years of age may apply

6-31 to the department for an instruction permit. The department may, in its

6-32 discretion, after the applicant has successfully passed all parts of the

6-33 examination other than the driving test, issue to the applicant an instruction

6-34 permit entitling the applicant, while having the permit in his immediate

6-35 possession, to drive a motor vehicle upon the highways for a period of [8

6-36 months] 1 year when accompanied by a licensed driver who is at least 21

6-37 years of age, who has had at least [1 year] 3 years of licensed driving

6-38 experience in the type of vehicle for which the permit was issued and who

6-39 is actually occupying a seat beside the driver, except when the permittee is

6-40 occupying a motorcycle. The term "licensed driving experience" as used in

6-41 this subsection does not include driving experience gained under an

6-42 instruction permit issued pursuant to the provisions of this section.

6-43 2. The department may establish a waiting period that is not longer

6-44 than 30 days during which an applicant for an instruction permit who

6-45 fails the examination may not retake the examination for the instruction

6-46 permit.

7-1 3. The department may, in its discretion, issue a temporary driver’s

7-2 permit to an applicant for a driver’s license permitting him to drive a motor

7-3 vehicle while the department is completing its investigation and

7-4 determination of all facts relative to the applicant’s right to receive a

7-5 driver’s license. The permit must be in his immediate possession while

7-6 driving a motor vehicle, and is invalid when the applicant’s license has

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

7-8 [3.] 4. The department, upon receiving proper application, may, in its

7-9 discretion, issue a restricted instruction permit effective for a school year,

7-10 or more restricted period, to an applicant who is enrolled in a driver

7-11 education program which includes practice driving and which is approved

7-12 by the department even though the applicant has not reached the legal age

7-13 to be eligible for a driver’s license. The instruction permit entitles the

7-14 permittee, when he has the permit in his immediate possession, to drive a

7-15 motor vehicle only on a designated highway or within a designated area,

7-16 but only when an approved instructor is occupying a seat beside the

7-17 permittee.

7-18 Sec. 11. NRS 483.620 is hereby amended to read as follows:

7-19 483.620 It is a misdemeanor for any person to violate any of the

7-20 provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 6,

7-21 inclusive, of this act, unless such violation is, by NRS 483.010 to 483.630,

7-22 inclusive, and sections 2 to 6, inclusive, of this act or other law of this

7-23 state, declared to be a felony.

7-24 Sec. 12. NRS 389.090 is hereby amended to read as follows:

7-25 389.090 1. The state board shall adopt regulations governing the

7-26 establishment, conduct and scope of automobile driver education in the

7-27 public schools of this state.

7-28 2. The aims and purposes of automobile driver education are to

7-29 develop the knowledge, attitudes, habits and skills necessary for the safe

7-30 operation of motor vehicles.

7-31 3. The board of trustees of a school district may establish and maintain

7-32 automobile driver education classes during regular semesters and summer

7-33 sessions and during the regular school day and at times other than during

7-34 the regular school day for:

7-35 (a) Pupils enrolled in the regular full-time day high schools in the school

7-36 district.

7-37 (b) Pupils enrolled in summer classes conducted in high schools in the

7-38 school district.

7-39 A board of trustees maintaining courses in automobile driver education

7-40 shall insure against any liability arising out of the use of motor vehicles in

7-41 connection with those courses. The cost of the insurance must be paid from

7-42 available school district funds.

7-43 4. A governing body of a charter school may establish and maintain

7-44 automobile driver education classes if the governing body insures against

7-45 any liability arising out of the use of motor vehicles in connection with

7-46 those courses.

8-1 5. Automobile driver education must be provided by boards of trustees

8-2 of school districts and governing bodies of charter schools in accordance

8-3 with the regulations of the state board and may not be duplicated by any

8-4 other agency, department, commission or officer of the State of Nevada.

8-5 6. Each course in automobile driver education provided by a board of

8-6 trustees of a school district or a governing body of a charter school must

8-7 include, without limitation, instruction in:

8-8 (a) Motor vehicle insurance.

8-9 (b) The effect of drugs and alcohol on an operator of a motor vehicle.

8-10 7. Each course in automobile driver education provided by a board of

8-11 trustees of a school district or a governing body of a charter school must be

8-12 restricted to pupils who are [sophomores, juniors or seniors in high school.]

8-13 at least 15 years of age.

8-14 Sec. 13. 1. The provisions of section 4 of this act do not apply to

8-15 offenses that were committed before July 1, 2000.

8-16 2. The amendatory provisions of sections 2 to 5, inclusive, and section

8-17 7 of this act do not apply to a person who has been issued a driver’s license

8-18 before July 1, 2000.

8-19 3. The amendatory provisions of section 10 of this act do not apply to a

8-20 person who has been issued an instruction permit before July 1, 2000.

8-21 Sec. 14. This act becomes effective on July 1, 2000.

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