Assembly Bill No. 59–Assemblyman Perkins

Prefiled January 26, 1999

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Referred to Committee on Transportation

 

SUMMARY—Clarifies provisions governing parking for handicapped persons and limits operation and requires registration of certain low-speed vehicles. (BDR 43-132)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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; clarifying that a person with a disability may obtain a special license plate and parking sticker to park a motorcycle in a space designated for the handicapped; requiring the registration of certain low-speed vehicles; limiting highways upon which a low-speed vehicle may be operated; 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. NRS 482.384 is hereby amended to read as follows:

1-2 482.384 1. Upon the application of a person with a disability which

1-3 limits or impairs the ability to walk, the department may issue special

1-4 license plates for a vehicle , including a motorcycle, registered by the

1-5 applicant pursuant to this chapter. Except as otherwise provided in

1-6 subsection 2, the application must include a statement from a licensed

1-7 physician certifying that the applicant is a person with a disability which

1-8 limits or impairs the ability to walk. The issuance of a special license plate

1-9 pursuant to this subsection does not preclude the issuance of a special

1-10 parking placard for a vehicle other than a motorcycle or a special parking

1-11 sticker for a motorcycle pursuant to subsection 6.

1-12 2. Every second year after the initial issuance of special license plates

1-13 to a person who the department determines is not permanently disabled, the

1-14 department shall require the person, when he applies to renew his special

1-15 license plates, to include with his application a statement from a licensed

1-16 physician certifying that the applicant is a person with a disability which

2-1 limits or impairs the ability to walk. The department shall not require a

2-2 person who it determines is permanently disabled to include such a

2-3 statement with his application for renewal.

2-4 3. Upon the application of an organization which provides

2-5 transportation for a person with a disability which limits or impairs the

2-6 ability to walk, the department may issue special license plates for a vehicle

2-7 registered by the organization pursuant to this chapter. The application must

2-8 include a statement from the organization certifying that the vehicle is used

2-9 primarily to transport persons with disabilities which limit or impair the

2-10 ability to walk.

2-11 4. The department may charge a fee for special license plates issued

2-12 pursuant to this section not to exceed the fee charged for the issuance of

2-13 license plates for the same class of vehicle.

2-14 5. Special license plates issued pursuant to this section must display the

2-15 international symbol of access in a color which contrasts with the

2-16 background and is the same size as the numerals and letters on the plate.

2-17 6. Upon the application of a person with a disability which limits or

2-18 impairs the ability to walk, the department may issue [a] :

2-19 (a) A special parking placard [.] for a vehicle other than a motorcycle.

2-20 Upon request, the department may issue one additional placard to an

2-21 applicant to whom special license plates have not been issued pursuant to

2-22 this section.

2-23 (b) A special parking sticker for a motorcycle.

2-24 The application must include a statement from a licensed physician

2-25 certifying that the applicant is a person with a disability which limits or

2-26 impairs the ability to walk.

2-27 7. A special parking placard issued pursuant to subsection 6 must:

2-28 (a) Have inscribed on it the international symbol of access which is at

2-29 least 3 inches in height, is centered on the placard and is white on a blue

2-30 background;

2-31 (b) Have an identification number and date of expiration;

2-32 (c) Have placed or inscribed on it the seal or other identification of the

2-33 department; and

2-34 (d) Have a form of attachment which enables a person using the placard

2-35 to display the placard from the rearview mirror of the vehicle.

2-36 8. A special parking sticker issued pursuant to subsection 6 must:

2-37 (a) Have inscribed on it the international symbol of access which

2-38 complies with any applicable federal standards, is centered on the sticker

2-39 and is white on a blue background;

2-40 (b) Have an identification number and a date of expiration; and

2-41 (c) Have placed or inscribed on it the seal or other identification of the

2-42 department.

3-1 9. The department, or a city or county, may issue, and charge a

3-2 reasonable fee for, a temporary parking placard for a vehicle other than a

3-3 motorcycle or a temporary parking sticker for a motorcycle upon the

3-4 application of a person with a temporary disability which limits or impairs

3-5 the ability to walk. Upon request, the department, city or county may issue

3-6 one additional temporary parking placard to an applicant. The application

3-7 must include a certificate from a licensed physician indicating:

3-8 (a) That the applicant has a temporary disability which limits or impairs

3-9 the ability to walk; and

3-10 (b) The estimated period of the disability.

3-11 [9.] 10. A temporary parking placard issued pursuant to subsection [8]

3-12 9 must:

3-13 (a) Have inscribed on it the international symbol of access which is at

3-14 least 3 inches in height, is centered on the placard and is white on a red

3-15 background; and

3-16 (b) Have a form of attachment which enables a person using the placard

3-17 to display the placard from the rearview mirror of the vehicle.

3-18 [10.] 11. A temporary parking sticker issued pursuant to subsection 9

3-19 must have inscribed on it the international symbol of access which is at

3-20 least 3 inches in height, is centered on the sticker and is white on a red

3-21 background.

3-22 12. A temporary parking placard or temporary parking sticker is valid

3-23 only for the period for which a physician has certified the disability, but in

3-24 no case longer than 6 months.

3-25 [11.] 13. A special or temporary parking placard must be displayed in

3-26 the vehicle when the vehicle is parked by hanging or attaching the placard to

3-27 the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the

3-28 placard must be placed on the dashboard of the vehicle in such a manner

3-29 that the placard can easily be seen from outside the vehicle when the vehicle

3-30 is parked.

3-31 [12.] 14. A special or temporary parking sticker must be affixed to the

3-32 windscreen of the motorcycle. If the motorcycle has no windscreen, the

3-33 sticker must be affixed to any other part of the motorcycle which may be

3-34 easily seen when the motorcycle is parked.

3-35 15. Special or temporary parking placards , special or temporary

3-36 parking stickers, or special license plates issued pursuant to this section do

3-37 not authorize parking in any area on a highway where parking is prohibited

3-38 by law.

3-39 [13.] 16. No person, other than the person certified as being a person

3-40 with a disability which limits or impairs the ability to walk, or a person

3-41 actually transporting such a person, may use the special license plates or a

3-42 special or temporary parking placard , or a special or temporary parking

4-1 sticker issued pursuant to this section to obtain any special parking

4-2 privileges available pursuant to this section.

4-3 [14.] 17. Any person who violates the provisions of subsection [13] 16

4-4 is guilty of a misdemeanor.

4-5 [15.] 18. The department may review the eligibility of each holder of a

4-6 special parking placard , a special parking sticker or special license plates,

4-7 or [both a special parking placard and special license plates.] any

4-8 combination thereof. Upon a determination of ineligibility by the

4-9 department, the holder shall surrender the special parking placard , special

4-10 parking sticker or special license plates, or [both,] any combination

4-11 thereof, to the department.

4-12 [16.] 19. The department may adopt such regulations as are necessary

4-13 to carry out the provisions of this section.

4-14 Sec. 2. NRS 482.480 is hereby amended to read as follows:

4-15 482.480 There must be paid to the department for the registration or

4-16 the transfer or reinstatement of the registration of motor vehicles, trailers

4-17 and semitrailers, fees according to the following schedule:

4-18 1. Except as otherwise provided in this section, for each stock

4-19 passenger car and each reconstructed or specially constructed passenger car

4-20 registered to a person, regardless of weight or number of passenger

4-21 capacity, a fee for registration of $33.

4-22 2. Except as otherwise provided in subsection 3:

4-23 (a) For each of the fifth and sixth such cars registered to a person for

4-24 which special license plates have been issued pursuant to NRS 482.380,

4-25 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $16.50.

4-26 (b) For each of the seventh and eighth such cars registered to a person

4-27 for which special license plates have been issued pursuant to NRS 482.380,

4-28 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $12.

4-29 (c) For each of the ninth or more such cars registered to a person for

4-30 which special license plates have been issued pursuant to NRS 482.380,

4-31 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $8.

4-32 3. The fees specified in subsection 2 do not apply:

4-33 (a) Unless the person registering the cars presents to the department at

4-34 the time of registration the registrations of all of the cars registered to him.

4-35 (b) To cars that are part of a fleet.

4-36 4. For every motorcycle, a fee for registration of $33 and for each

4-37 motorcycle other than a trimobile, an additional fee of $6 for motorcycle

4-38 safety. The additional fee must be deposited in the state highway fund for

4-39 credit to the account for the program for the education of motorcycle riders.

4-40 5. For each transfer of registration, a fee of $6 in addition to any other

4-41 fees.

5-1 6. To reinstate the registration of a motor vehicle suspended pursuant

5-2 to NRS 485.317:

5-3 (a) A fee of $250 for a registered owner who failed to have insurance on

5-4 the date specified in the form for verification that was mailed by the

5-5 department pursuant to subsection 2 of NRS 485.317; or

5-6 (b) A fee of $50 for a registered owner of a dormant vehicle who

5-7 canceled the insurance coverage for that vehicle or allowed the insurance

5-8 coverage for that vehicle to expire without first canceling the registration

5-9 for the vehicle in accordance with subsection 3 of NRS 485.320,

5-10 both of which must be deposited in the account for verification of insurance

5-11 which is hereby created in the state highway fund. Money in the account

5-12 must be used to carry out the provisions of NRS 485.313 to 485.318,

5-13 inclusive.

5-14 7. For every travel trailer, a fee for registration of $27.

5-15 8. For every permit for the operation of a golf cart, an annual fee of

5-16 $10.

5-17 9. For every low-speed vehicle, as that term is defined in section 4 of

5-18 this act, a fee for registration of $33.

5-19 Sec. 3. NRS 482.480 is hereby amended to read as follows:

5-20 482.480 There must be paid to the department for the registration or

5-21 the transfer or reinstatement of the registration of motor vehicles, trailers

5-22 and semitrailers, fees according to the following schedule:

5-23 1. Except as otherwise provided in this section, for each stock

5-24 passenger car and each reconstructed or specially constructed passenger car

5-25 registered to a person, regardless of weight or number of passenger

5-26 capacity, a fee for registration of $33.

5-27 2. Except as otherwise provided in subsection 3:

5-28 (a) For each of the fifth and sixth such cars registered to a person, a fee

5-29 for registration of $16.50.

5-30 (b) For each of the seventh and eighth such cars registered to a person, a

5-31 fee for registration of $12.

5-32 (c) For each of the ninth or more such cars registered to a person, a fee

5-33 for registration of $8.

5-34 3. The fees specified in subsection 2 do not apply:

5-35 (a) Unless the person registering the cars presents to the department at

5-36 the time of registration the registrations of all of the cars registered to him.

5-37 (b) To cars that are part of a fleet.

5-38 4. For every motorcycle, a fee for registration of $33 and for each

5-39 motorcycle other than a trimobile, an additional fee of $6 for motorcycle

5-40 safety. The additional fee must be deposited in the state highway fund for

5-41 credit to the account for the program for the education of motorcycle riders.

5-42 5. For each transfer of registration, a fee of $6 in addition to any other

5-43 fees.

6-1 6. To reinstate the registration of a motor vehicle suspended pursuant

6-2 to NRS 485.317:

6-3 (a) A fee of $250 for a registered owner who failed to have insurance on

6-4 the date specified in the form for verification that was mailed by the

6-5 department pursuant to subsection 2 of NRS 485.317; or

6-6 (b) A fee of $50 for a registered owner of a dormant vehicle who

6-7 canceled the insurance coverage for that vehicle or allowed the insurance

6-8 coverage for that vehicle to expire without first canceling the registration

6-9 for the vehicle in accordance with subsection 3 of NRS 485.320,

6-10 both of which must be deposited in the account for verification of insurance

6-11 which is hereby created in the state highway fund. Money in the account

6-12 must be used to carry out the provisions of NRS 485.313 to 485.318,

6-13 inclusive.

6-14 7. For every travel trailer, a fee for registration of $27.

6-15 8. For every permit for the operation of a golf cart, an annual fee of

6-16 $10.

6-17 9. For every low-speed vehicle, as that term is defined in section 4 of

6-18 this act, a fee for registration of $33.

6-19 Sec. 4. Chapter 484 of NRS is hereby amended by adding thereto a

6-20 new section to read as follows:

6-21 1. As used in this section, "low-speed vehicle" means a motor

6-22 vehicle:

6-23 (a) Designed to carry not more than four persons;

6-24 (b) Designed to operate at a maximum speed of at least 20 but not

6-25 more than 25 miles per hour;

6-26 (c) Having at least four wheels in contact with the ground;

6-27 (d) Having an unladen weight of less than 1,800 pounds; and

6-28 (e) Complying with the standards for safety of such a vehicle set forth

6-29 in Federal Motor Safety Standard No. 500 at 49 CFR § 571.500.

6-30 2. If registered, a low-speed vehicle may be operated upon a highway

6-31 where the posted speed limit is 35 miles per hour or less. A person shall

6-32 not operate a low-speed vehicle upon a highway where the posted speed

6-33 limit is greater than 35 miles per hour, except to cross such a highway at

6-34 an intersection.

6-35 Sec. 5. NRS 484.407 is hereby amended to read as follows:

6-36 484.407 1. Except as otherwise provided in subsection 2, an owner or

6-37 operator of a motor vehicle displaying a special parking placard, a special

6-38 parking sticker, a temporary parking placard , a temporary parking sticker

6-39 or special plates issued pursuant to NRS 482.384, or special plates for a

6-40 disabled veteran issued pursuant to NRS 482.377, may park the motor

6-41 vehicle for not more than 4 hours at any one time in a parking zone

6-42 restricted as to the length of time parking is permitted, without penalty,

6-43 removal or impoundment of the vehicle , if the parking is otherwise

7-1 consistent with public safety and is done by a person with a disability which

7-2 limits or impairs the ability to walk, a disabled veteran or a person

7-3 transporting such a person.

7-4 2. This section does not authorize the parking of a motor vehicle in any

7-5 privately or municipally owned facility for parking off the highway without

7-6 paying the required fee for the time during which the vehicle is so parked.

7-7 Sec. 6. NRS 484.408 is hereby amended to read as follows:

7-8 484.408 1. Any parking space designated for the handicapped must

7-9 be indicated by a sign:

7-10 (a) Bearing the international symbol of access with or without the words

7-11 "Parking," "Handicapped Parking," "Handicapped Parking Only," or

7-12 "Reserved for the Handicapped," or any other word or combination of

7-13 words indicating that the space is designated for the handicapped;

7-14 (b) Stating "Minimum fine of $100 for use by others" or equivalent

7-15 words; and

7-16 (c) The bottom of which must be not less than 4 feet above the ground.

7-17 2. A person shall not park a vehicle in a space designated for the

7-18 handicapped by a sign that meets the requirements of subsection 1, whether

7-19 on public or privately owned property, unless he is eligible to do so and the

7-20 vehicle displays:

7-21 (a) Special license plates issued pursuant to NRS 482.384;

7-22 (b) A special or temporary parking placard issued pursuant to NRS

7-23 482.384;

7-24 (c) A special or temporary parking sticker issued pursuant to NRS

7-25 482.384;

7-26 (d) Special license plates , a special or temporary parking sticker, or a

7-27 special or temporary parking placard displaying the international symbol of

7-28 access issued by another state or a foreign country; or

7-29 [(d)] (e) Special license plates for a disabled veteran and a special

7-30 parking placard issued pursuant to NRS 482.384.

7-31 3. A person shall not use such a plate , sticker or placard for a vehicle

7-32 to park in a space designated for the handicapped unless he is a person with

7-33 a disability which limits or impairs the ability to walk, a disabled veteran or

7-34 the driver of a vehicle in which such a person is a passenger.

7-35 4. A person who violates any provision of this section is guilty of a

7-36 misdemeanor and shall be punished:

7-37 (a) Upon the first offense, by a fine of $100.

7-38 (b) Upon the second offense, by a fine of $250 and not less than 8 hours,

7-39 but not more than 50 hours, of community service.

7-40 (c) Upon the third or subsequent offense, by a fine of not less than $500,

7-41 but not more than $1,000 and not less than 25 hours, but not more than 100

7-42 hours, of community service.

8-1 Sec. 7. 1. This section and sections 2 and 4 of this act become

8-2 effective on July 1, 1999.

8-3 2. Sections 1 and 5 of this act become effective on October 1, 1999.

8-4 3. Section 6 of this act becomes effective at 12:01 a.m. on October 1,

8-5 1999.

8-6 4. Section 3 of this act becomes effective at 12:01 a.m. on January 1,

8-7 2001.

8-8 5. Section 2 of this act expires by limitation on January 1, 2001.

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