Senate Bill No. 209–Committee on Transportation

February 17, 1999

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Referred to Committee on Transportation

 

SUMMARY—Requires temporary placard for use in place of license plate be provided to buyer or lessee by certain sellers and lessors of vehicles. (BDR 43-197)

FISCAL NOTE: Effect on Local Government: Yes.

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 vehicles; requiring certain sellers and lessors of vehicles to provide the buyer or lessee with a temporary placard for use in place of a license plate; providing that the placard must contain the date of execution by the seller or lessor of the report of sale or report of lease of the vehicle; providing a penalty; 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 482.423 is hereby amended to read as follows:

1-2 482.423 1. When a new vehicle is sold in this state for the first time,

1-3 the seller shall complete and execute a manufacturer’s certificate of origin

1-4 or a manufacturer’s statement of origin and, unless the vehicle is sold to a

1-5 licensed dealer, a dealer’s report of sale. The dealer’s report of sale must be

1-6 in a form prescribed by the department and must include:

1-7 (a) A description of the vehicle;

1-8 (b) The name and address of the seller; and

1-9 (c) The name and address of the buyer.

1-10 2. If , in connection with the sale , a security interest is taken or

1-11 retained by the seller to secure all or part of the purchase price, or a

1-12 security interest is taken by a person who gives value to enable the buyer to

1-13 acquire rights in the vehicle, the name and address of the secured party or

1-14 his assignee must be entered on the dealer’s report of sale and on the

1-15 manufacturer’s certificate or statement of origin.

1-16 [2.] 3. Unless an extension of time is granted by the department, the

1-17 seller shall:

2-1 (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a

2-2 vehicle registered in this state;

2-3 (b) Submit the original of the dealer’s report of sale and the

2-4 manufacturer’s certificate or statement of origin and remit the fee collected

2-5 pursuant to this subsection for the certificate of title to the department

2-6 within 20 days after the execution of the dealer’s report of sale; and

2-7 (c) Furnish [one copy of the report] to the buyer [.] :

2-8 (1) One copy of the dealer’s report of sale; and

2-9 (2) A temporary placard for use in place of a license plate. The

2-10 temporary placard must be in a form prescribed by the department, be

2-11 made of a material appropriate for use on the exterior of a vehicle and

2-12 contain the date of execution of the dealer’s report of sale in a size

2-13 consistent with the unique numbers and letters of a license plate.

2-14 4. One copy of the dealer’s report of sale must be affixed to the right

2-15 front windshield of the vehicle, [which] and the temporary placard must

2-16 be affixed to the rear of the vehicle in place of a license plate.

2-17 5. Compliance with the requirements of subsection 4 permits the

2-18 vehicle to be operated for a period not to exceed 10 days. Upon the

2-19 issuance of the certificate of registration and license plates for the vehicle

2-20 or the expiration of 10 days after the sale, whichever occurs first, the buyer

2-21 shall remove the copy of the dealer’s report of sale from the windshield of

2-22 the vehicle [.

2-23 3.] and the temporary placard from the rear of the vehicle.

2-24 6. For the purposes of establishing compliance with the period required

2-25 by paragraph (b) of subsection [2,] 3, the department shall use the date

2-26 imprinted or otherwise indicated on the dealer’s report of sale as the

2-27 beginning date of the 20-day period.

2-28 [4.] 7. The department shall furnish a special permit for use when a

2-29 contract of sale is entered to enable the buyer to operate the vehicle for a

2-30 period not to exceed 20 days. Upon execution of all required documents to

2-31 complete the sale of a vehicle, the dealer shall [remove this] :

2-32 (a) Remove the special permit ; and [execute]

2-33 (b) Execute a dealer’s report of sale and furnish a copy of the report

2-34 and a temporary placard to the buyer as required by this section.

2-35 Sec. 2. NRS 482.4235 is hereby amended to read as follows:

2-36 482.4235 1. If a new vehicle is leased in this state by a long-term

2-37 lessor, the long-term lessor shall complete and execute a manufacturer’s

2-38 certificate of origin or a manufacturer’s statement of origin, and a long-term

2-39 lessor’s report of lease. Such a report must be in a form prescribed by the

2-40 department and must include:

2-41 (a) A description of the vehicle; and

2-42 (b) The names and addresses of the long-term lessor, long-term lessee

2-43 and any person having a security interest in the vehicle.

3-1 2. Unless an extension of time is granted by the department, the long-

3-2 term lessor shall:

3-3 (a) Submit the original of the long-term lessor’s report of lease and the

3-4 manufacturer’s certificate of origin or manufacturer’s statement of origin to

3-5 the department within 20 days after the execution of the long-term lessor’s

3-6 report of lease; and

3-7 (b) Furnish [one copy of the report] to the long-term lessee [.] :

3-8 (1) One copy of the long-term lessor’s report of lease; and

3-9 (2) A temporary placard for use in place of a license plate. The

3-10 temporary placard must be in a form prescribed by the department, be

3-11 made of a material appropriate for use on the exterior of a vehicle and

3-12 contain the date of execution of the long-term lessor’s report of lease in a

3-13 size consistent with the unique numbers and letters of a license plate.

3-14 3. The long-term lessor shall affix one copy of the long-term lessor’s

3-15 report of lease to the right front windshield of the vehicle [, which] and the

3-16 temporary placard to the rear of the vehicle in place of a license plate.

3-17 4. Compliance with the requirements of subsection 3 permits the

3-18 vehicle to be operated for a period not to exceed 10 days. Upon issuance of

3-19 the certificate of registration for the vehicle or the expiration of 10 days

3-20 after the lease, whichever occurs first, the long-term lessee shall remove the

3-21 copy of the long-term lessor’s report of lease from the windshield of the

3-22 vehicle [.

3-23 3.] and the temporary placard from the rear of the vehicle.

3-24 5. For the purposes of establishing compliance with the period required

3-25 by paragraph (a) of subsection 2, the department shall use the date

3-26 imprinted or otherwise indicated on the long-term lessor’s report of lease as

3-27 the beginning date of the 20-day period.

3-28 [4.] 6. When a contract to lease a new vehicle is entered into, the

3-29 department shall furnish a special permit to the long-term lessor to enable

3-30 the long-term lessee to operate the vehicle for not more than 20 days. Upon

3-31 executing all documents necessary to complete the lease of the vehicle, the

3-32 long-term lessor shall [remove] :

3-33 (a) Remove the special permit ; and [execute]

3-34 (b) Execute the long-term lessor’s report of lease and furnish a copy of

3-35 the report and a temporary placard to the long-term lessee as required by

3-36 this section.

3-37 Sec. 3. NRS 482.424 is hereby amended to read as follows:

3-38 482.424 1. When a used or rebuilt vehicle is sold in this state to any

3-39 person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or

3-40 short-term lessor, the seller shall complete and execute a dealer’s or

3-41 rebuilder’s report of sale. The dealer’s or rebuilder’s report of sale must be

3-42 in a form prescribed by the department and must include:

3-43 (a) A description of the vehicle, including whether it is a rebuilt vehicle;

4-1 (b) The name and address of the seller; and

4-2 (c) The name and address of the buyer.

4-3 2. If a security interest exists at the time of the sale, or if in connection

4-4 with the sale a security interest is taken or retained by the seller to secure

4-5 all or part of the purchase price, or a security interest is taken by a person

4-6 who gives value to enable the buyer to acquire rights in the vehicle, the

4-7 name and address of the secured party must be entered on the dealer’s or

4-8 rebuilder’s report of sale.

4-9 [2.] 3. Unless an extension of time is granted by the department, the

4-10 seller shall:

4-11 (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a

4-12 vehicle registered in this state;

4-13 (b) Submit the original of the dealer’s or rebuilder’s report of sale and

4-14 remit the fee collected pursuant to this subsection for the certificate of title

4-15 to the department within 30 days after the execution of the dealer’s or

4-16 rebuilder’s report of sale, together with the properly endorsed certificate of

4-17 title or certificate of ownership previously issued for the vehicle; and

4-18 (c) Furnish [one copy of the report] to the buyer [.] :

4-19 (1) One copy of the dealer’s or rebuilder’s report of sale; and

4-20 (2) A temporary placard for use in place of a license plate. The

4-21 temporary placard must be in a form prescribed by the department, be

4-22 made of a material appropriate for use on the exterior of a vehicle and

4-23 contain the date of execution of the dealer’s or rebuilder’s report of sale

4-24 in a size consistent with the unique numbers and letters of a license plate.

4-25 4. One copy of the dealer’s or rebuilder’s report of sale must be

4-26 affixed to the front right windshield of the vehicle, [which] and the

4-27 temporary placard must be affixed to the rear of the vehicle in place of a

4-28 license plate.

4-29 5. Compliance with the requirements of subsection 4 permits the

4-30 vehicle to be operated for not more than 10 days. Upon the issuance of the

4-31 certificate of registration for the vehicle or the expiration of 10 days after

4-32 the sale, whichever occurs first, the buyer shall remove the copy of the

4-33 dealer’s or rebuilder’s report of sale from the windshield of the vehicle [.

4-34 3.] and the temporary placard from the rear of the vehicle.

4-35 6. For the purposes of establishing compliance with the period required

4-36 by paragraph (b) of subsection [2,] 3, the department shall use the date

4-37 imprinted or otherwise indicated on the dealer’s or rebuilder’s report of

4-38 sale as the beginning date of the 30-day period.

4-39 [4.] 7. The department shall furnish a special permit which may be

4-40 used when a contract of sale is made, to enable the buyer to operate the

4-41 vehicle purchased by him for not more than 20 days. Upon executing all

4-42 documents necessary to complete the sale of the vehicle, the dealer shall

4-43 [remove] :

5-1 (a) Remove the special permit ; and [execute]

5-2 (b) Execute the dealer’s report of sale [,] and furnish a copy of the

5-3 report and a temporary placard to the buyer as required by this section.

5-4 Sec. 4. NRS 482.4245 is hereby amended to read as follows:

5-5 482.4245 1. If a used or rebuilt vehicle is leased in this state by a

5-6 long-term lessor, the long-term lessor shall complete and execute a long-

5-7 term lessor’s report of lease. Such a report must be in a form prescribed by

5-8 the department and must include:

5-9 (a) A description of the vehicle;

5-10 (b) An indication as to whether the vehicle is a rebuilt vehicle; and

5-11 (c) The names and addresses of the long-term lessor, long-term lessee

5-12 and any person having a security interest in the vehicle.

5-13 2. Unless an extension of time is granted by the department, the long-

5-14 term lessor shall:

5-15 (a) Submit the original of the long-term lessor’s report of lease to the

5-16 department within 30 days after the execution of the long-term lessor’s

5-17 report of lease, together with the properly endorsed certificate of title or

5-18 certificate of ownership previously issued for the vehicle; and

5-19 (b) Furnish [one copy of the report] to the long-term lessee [.] :

5-20 (1) One copy of the long-term lessor’s report of lease; and

5-21 (2) A temporary placard for use in place of a license plate. The

5-22 temporary placard must be in a form prescribed by the department, be

5-23 made of a material appropriate for use on the exterior of a vehicle and

5-24 contain the date of execution of the long-term lessor’s report of lease in a

5-25 size consistent with the unique numbers and letters of a license plate.

5-26 3. The long-term lessor shall affix one copy of the report to the right

5-27 front windshield of the vehicle [, which] and the temporary placard to the

5-28 rear of the vehicle in place of a license plate.

5-29 4. Compliance with the requirements of subsection 3 permits the

5-30 vehicle to be operated for a period not to exceed 10 days. Upon issuance of

5-31 the certificate of registration for the vehicle or the expiration of 10 days

5-32 after the lease, whichever occurs first, the long-term lessee shall remove the

5-33 copy of the long-term lessor’s report of lease from the windshield of the

5-34 vehicle [.

5-35 3.] and the temporary placard from the rear of the vehicle.

5-36 5. For the purposes of establishing compliance with the period required

5-37 by paragraph (a) of subsection 2, the department shall use the date

5-38 imprinted or otherwise indicated on the long-term lessor’s report of lease as

5-39 the beginning date of the 30-day period.

5-40 [4.] 6. When a contract to lease a used or rebuilt vehicle is entered into,

5-41 the department shall furnish a special permit to the long-term lessor to

6-1 enable the long-term lessee to operate the vehicle for not more than 20

6-2 days. Upon executing all documents necessary to complete the lease of the

6-3 vehicle, the long-term lessor shall [remove] :

6-4 (a) Remove the special permit ; and [execute]

6-5 (b) Execute the long-term lessor’s report of lease and furnish a copy of

6-6 the report and a temporary placard to the long-term lessee as required by

6-7 this section.

6-8 Sec. 5. NRS 482.436 is hereby amended to read as follows:

6-9 482.436 Any person is guilty of a gross misdemeanor who knowingly:

6-10 1. Makes any false entry on any certificate of origin or certificate of

6-11 ownership;

6-12 2. Furnishes false information to the department concerning any

6-13 security interest; or

6-14 3. Fails to submit the original of the dealer’s or rebuilder’s report of

6-15 sale of a used or rebuilt vehicle to the department within the time

6-16 prescribed in subsection [2] 3 of NRS 482.424.

6-17 Sec. 6. The amendatory provisions of this act do not apply to offenses

6-18 that were committed before July 1, 1999.

6-19 Sec. 7. This act becomes effective on July 1, 1999.

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