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Action of Passage Rescinded 5-18-99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:
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Section 1. Chapter 483 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 6, inclusive, of this act.1-3
Sec. 2. 1. The department may issue a provisional license to a1-4
person who is between the ages of 16 and 18 years if:1-5
(a) Except as otherwise provided in subsection 2, he has completed a1-6
course:1-7
(1) In automobile driver education pursuant to NRS 389.090; or1-8
(2) Provided by a school for training drivers that is licensed1-9
pursuant to NRS 483.700 to 483.780, inclusive, and which complies with1-10
the applicable regulations governing the establishment, conduct and1-11
scope of automobile driver education adopted by the state board of1-12
education pursuant to NRS 389.090;1-13
(b) He has at least 50 hours of supervised experience in driving a1-14
motor vehicle with a restricted license, instruction permit or restricted1-15
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 a1-17
motor vehicle during darkness;1-18
(c) His parent, legal guardian, a licensed driver who is at least 211-19
years of age or a licensed driving instructor, if the person applying for1-20
the provisional license is an emancipated minor, signs and submits to the1-21
department a form provided by the department which attests that the1-22
person applying for the provisional license has completed the training1-23
and experience required pursuant to paragraphs (a) and (b);1-24
(d) He has not been found to be responsible for a motor vehicle1-25
accident during the 6 months before he applies for the provisional1-26
license;1-27
(e) He has not been convicted of a moving traffic violation or a crime1-28
involving alcohol or a controlled substance during the 6 months before1-29
he applies for the provisional license; and1-30
(f) He has held an instruction permit for not less than 6 months1-31
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 a2-3
city or town whose population is less than 25,000; and2-4
(b) Is not enrolled in a school or is enrolled in a school that does not2-5
offer automobile driver education,2-6
is not required to complete a course as required pursuant to paragraph2-7
(a) of subsection 1.2-8
Sec. 3. 1. Except as otherwise provided in subsections 2 and 3, a2-9
person to whom a provisional license is issued pursuant to section 2 of2-10
this act shall not:2-11
(a) During the first 4 months after the date on which the provisional2-12
license is issued, transport as a passenger a person who is under 18 years2-13
of age; and2-14
(b) During the first 12 months after the date on which the provisional2-15
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 at2-17
least 21 years of age and who has had at least 3 years of licensed driving2-18
experience, or by a licensed driving instructor.2-19
2. A person to whom a provisional license is issued pursuant to2-20
section 2 of this act may transport as a passenger a member of his2-21
immediate family, regardless of the age of the family member.2-22
3. A person to whom a provisional license is issued pursuant to2-23
section 2 of this act may, during the first 12 months after the provisional2-24
license is issued, drive between the hours of 10 p.m. and 5 a.m., without2-25
being accompanied and supervised, if:2-26
(a) It is necessary for the licensee to drive because of a medical2-27
condition of the licensee, if the licensee has in his immediate possession2-28
a signed statement from a physician who is familiar with his medical2-29
condition including, without limitation, the diagnosis and date by which2-30
the licensee is anticipated to have recovered so that it is no longer2-31
necessary for him to transport himself;2-32
(b) It is necessary for the licensee to drive to attend school or an2-33
activity authorized by his school, if the licensee has in his immediate2-34
possession a signed statement from his parent or legal guardian stating2-35
the reason for the necessity and an attached statement from the school2-36
that includes the date that the schooling or activity authorized by the2-37
school probably will be completed;2-38
(c) It is necessary for the licensee to drive to attend work, if the2-39
licensee has in his immediate possession a signed statement from his2-40
employer including, without limitation, verification of his employment2-41
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 of2-43
his immediate family, if the licensee has in his immediate possession a2-44
signed statement from his parent or legal guardian stating the reason for2-45
the necessity and the date by that the necessity probably will terminate; or2-46
(e) The licensee is an emancipated minor2-47
.3-1
4. As used in this section, the term "licensed driving experience"3-2
does not include driving experience gained under an instruction permit3-3
issued pursuant to NRS 483.280.3-4
Sec. 4. 1. A person who violates any provision of section 3 of this3-5
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 less3-7
than 8 hours, but not more than 16 hours of community service; and3-8
(b) For the second or subsequent offense, by a fine of not more than3-9
$50, and not less than 16 hours, but not more than 24 hours of3-10
community service.3-11
2. In addition to any other penalty, if a person is convicted of3-12
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 a3-14
course to improve driving; and3-15
(b) For the second or subsequent offense, require him to participate3-16
for 16 hours in a course to improve driving.3-17
3. If a person has not completed the community service or3-18
participated in the course to improve driving, if required, within 90 days3-19
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; and3-23
(b) If it is the second or subsequent violation of a provision of section3-24
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 hours3-26
of a course to improve driving.3-27
4. A peace officer shall not stop a motor vehicle for the sole purpose3-28
of determining whether the driver is violating a provision of section 3 of3-29
this act. A citation may be issued for a violation of section 3 of this act3-30
only if the violation is discovered when the vehicle is halted or its driver3-31
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; and3-34
(b) Is not grounds for suspension or revocation of the provisional3-35
license pursuant to NRS 483.360.3-36
Sec. 5. 1. The department may establish a waiting period that is3-37
not longer than 30 days during which an applicant for a provisional3-38
license pursuant to section 2 of this act who fails the examination may3-39
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 was3-42
issued on the face of each provisional license issued pursuant to section 23-43
of this act or otherwise indicate that the license is provisional;3-44
(b) May issue provisional drivers’ licenses with distinguishing3-45
characteristics which clearly indicate that the licensee is between the ages3-46
of 16 and 18 years; and4-1
(c) May adopt regulations necessary to carry out the laws governing4-2
the issuance of provisional licenses.4-3
Sec. 6. A restriction on or suspension of the driver’s license of a4-4
person who is under 18 years of age remains in effect until the end of the4-5
term of the restriction or suspension even if the person becomes 18 years4-6
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: 483.250 The department shall not issue any license under the4-9
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 the4-11
department may issue:4-12
(a) A restricted license to a person between the ages of 14 and 18 years4-13
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 age4-15
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 years4-17
pursuant to the provisions of subsection4-19
(d)4-20
license to a person between the ages of 16 and 18 years4-21
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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 expiration5-2
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 good5-4
cause shown to the administrator, the department may issue a restricted5-5
license to him or shorten any period of suspension.5-6
4. To any person who has previously been adjudged to be afflicted5-7
with or suffering from any mental disability or disease and who has not at5-8
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 the5-11
examination.5-12
6. To any person when the administrator has good cause to believe that5-13
by reason of physical or mental disability that person would not be able to5-14
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 to5-17
paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or5-18
62.228 which delays his privilege to drive.5-19
9. To any person who is the subject of a court order issued pursuant to5-20
NRS 206.330 which suspends or delays his privilege to drive until the5-21
expiration of the period of suspension or delay.5-22
Sec. 8. NRS 483.255 is hereby amended to read as follows: 483.255 The department shall adopt regulations that set forth the5-24
number of hours of training which a person whose age is less than 18 years5-25
must complete in a course provided by a school for training drivers to be5-26
issued a provisional license pursuant to5-27
subparagraph (2) of paragraph (a) of subsection 1 of5-28
section 2 of this act. The regulations must require that the number of hours5-29
that must be completed by such a person be comparable to the number of5-30
hours of instruction which would be required of such a person if he5-31
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: 483.270 1. The department may issue a restricted license to any pupil5-34
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 whose5-36
population is less than 35,000 or in a city or town whose population is less5-37
than 25,000 when transportation to and from school is not provided by the5-38
board of trustees of the school district, if the pupil meets the requirements5-39
for eligibility adopted by the department pursuant to subsection 5; or5-40
(b) A private school meeting the requirements for approval under NRS5-41
392.070 when transportation to and from school is not provided by the5-42
private school,5-43
and it is impossible or impracticable to furnish such a pupil with private5-44
transportation to and from school.6-1
2. An application for the issuance of a restricted license under this6-2
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 the6-6
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 a6-9
more restricted period.6-10
(b) Authorizes the licensee to drive a motor vehicle on a street or6-11
highway only while going directly to and from school6-12
activity, and at a speed not in excess of the speed limit set by law for school6-13
buses.6-14
(c) May contain such other restrictions as the department may deem6-15
necessary and proper.6-16
(d) May authorize the licensee to transport as passengers in a motor6-17
vehicle driven by him, only while he is going directly to and from school6-18
or a school activity, members of his immediate family, or other minor6-19
persons upon written consent of the parents or guardians of such minors6-20
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 time6-22
exceed the number of passengers for which the vehicle was designed.6-23
4. No restricted license may be issued under the provisions of this6-24
section until the department is satisfied fully as to the applicant’s6-25
competency and fitness to drive a motor vehicle.6-26
5. The department shall adopt regulations that set forth the6-27
requirements for eligibility of a pupil to receive a restricted license6-28
pursuant to paragraph (a) of subsection 1.6-29
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 apply6-31
to the department for an instruction permit. The department may, in its6-32
discretion, after the applicant has successfully passed all parts of the6-33
examination other than the driving test, issue to the applicant an instruction6-34
permit entitling the applicant, while having the permit in his immediate6-35
possession, to drive a motor vehicle upon the highways for a period of6-36
6-37
years of age, who has had at least6-38
experience in the type of vehicle for which the permit was issued and who6-39
is actually occupying a seat beside the driver, except when the permittee is6-40
occupying a motorcycle. The term "licensed driving experience" as used in6-41
this subsection does not include driving experience gained under an6-42
instruction permit issued pursuant to the provisions of this section.6-43
2. The department may establish a waiting period that is not longer6-44
than 30 days during which an applicant for an instruction permit who6-45
fails the examination may not retake the examination for the instruction6-46
permit.7-1
3. The department may, in its discretion, issue a temporary driver’s7-2
permit to an applicant for a driver’s license permitting him to drive a motor7-3
vehicle while the department is completing its investigation and7-4
determination of all facts relative to the applicant’s right to receive a7-5
driver’s license. The permit must be in his immediate possession while7-6
driving a motor vehicle, and is invalid when the applicant’s license has7-7
been issued or for good cause has been refused.7-8
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 driver7-11
education program which includes practice driving and which is approved7-12
by the department even though the applicant has not reached the legal age7-13
to be eligible for a driver’s license. The instruction permit entitles the7-14
permittee, when he has the permit in his immediate possession, to drive a7-15
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 the7-17
permittee.7-18
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 the7-20
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 this7-23
state, declared to be a felony.7-24
Sec. 12. NRS 389.090 is hereby amended to read as follows: 389.090 1. The state board shall adopt regulations governing the7-26
establishment, conduct and scope of automobile driver education in the7-27
public schools of this state.7-28
2. The aims and purposes of automobile driver education are to7-29
develop the knowledge, attitudes, habits and skills necessary for the safe7-30
operation of motor vehicles.7-31
3. The board of trustees of a school district may establish and maintain7-32
automobile driver education classes during regular semesters and summer7-33
sessions and during the regular school day and at times other than during7-34
the regular school day for:7-35
(a) Pupils enrolled in the regular full-time day high schools in the school7-36
district.7-37
(b) Pupils enrolled in summer classes conducted in high schools in the7-38
school district.7-39
A board of trustees maintaining courses in automobile driver education7-40
shall insure against any liability arising out of the use of motor vehicles in7-41
connection with those courses. The cost of the insurance must be paid from7-42
available school district funds.7-43
4. A governing body of a charter school may establish and maintain7-44
automobile driver education classes if the governing body insures against7-45
any liability arising out of the use of motor vehicles in connection with7-46
those courses.8-1
5. Automobile driver education must be provided by boards of trustees8-2
of school districts and governing bodies of charter schools in accordance8-3
with the regulations of the state board and may not be duplicated by any8-4
other agency, department, commission or officer of the State of Nevada.8-5
6. Each course in automobile driver education provided by a board of8-6
trustees of a school district or a governing body of a charter school must8-7
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 of8-11
trustees of a school district or a governing body of a charter school must be8-12
restricted to pupils who are8-13
at least 15 years of age.8-14
Sec. 13. 1. The provisions of section 4 of this act do not apply to8-15
offenses that were committed before July 1, 2000.8-16
2. The amendatory provisions of sections 2 to 5, inclusive, and section8-17
7 of this act do not apply to a person who has been issued a driver’s license8-18
before July 1, 2000.8-19
3. The amendatory provisions of section 10 of this act do not apply to a8-20
person who has been issued an instruction permit before July 1, 2000.8-21
Sec. 14. This act becomes effective on July 1, 2000.~