Assembly Bill No. 207–Assemblymen Buckley, Arberry, Dini, Anderson, Gibbons, Angle, Bache, Beers, Berman, Brower, Brown, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams

 

February 20, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Imposes certain restrictions and requirements upon transfer, registration, titling and operation of, and requires certain notices and disclosures regarding, motor vehicles that have sustained certain damages. (BDR 43‑441)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to motor vehicles; imposing certain restrictions and requirements upon the transfer, registration and titling of vehicles that have sustained certain damages; requiring certain notices and disclosures regarding such vehicles; prohibiting the operation of certain damaged vehicles in this state; imposing civil liability and providing penalties for certain violations relating thereto; 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 482 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 26, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 26, inclusive, of this act, unless the

1-4  context otherwise requires, the words and terms defined in sections 3 to

1-5  14, inclusive, of this act have the meanings ascribed to them in those

1-6  sections.

1-7    Sec. 3.  “Actual cost” means the price paid at retail for repairs or the

1-8  fair retail market value of the repairs needed to return a motor vehicle to

1-9  an undamaged condition, whichever is greater.

2-1    Sec. 4.  “Cosmetic damage” means damage to paint, glass, trim, tires

2-2  or any other component of a motor vehicle that is purely cosmetic in

2-3  nature.

2-4    Sec. 5.  “Cost of repair” means the estimated or actual cost of repair,

2-5  whichever is greater.

2-6    Sec. 6.  “Flood damage” means damage to a motor vehicle caused by

2-7  the submersion of the vehicle in water to such an extent that the water

2-8  reaches over the engine or door sill or enters the trunk or passenger

2-9  compartment of the vehicle.

2-10    Sec. 7.  “Flood vehicle” means a motor vehicle that at any time has:

2-11    1.  Sustained flood damage; or

2-12    2.  Had “flood” or a similar word or designation placed on its title.

2-13    Sec. 8.  “Major damage” means damage of any kind, sustained in a

2-14  single incident, for which the aggregate cost of repair is $3,000 or more,

2-15  unless that cost is attributable solely to cosmetic damage.

2-16    Sec. 9.  “Motor vehicle” means a motor vehicle other than a vehicle

2-17  described in NRS 482.210.

2-18    Sec. 10.  “Nonrepairable vehicle” means a motor vehicle that at any

2-19  time has:

2-20    1.  Sustained major damage, in a single incident, for which the cost

2-21  of repair exceeds 90 percent of the fair retail market value of the vehicle

2-22  immediately before the incident;

2-23    2.  Been designated as a nonrepairable vehicle by its owner; or

2-24    3.  Had “nonrepairable” or a similar word or designation on its title.

2-25    Sec. 11.  “Renovated vehicle” means a salvage vehicle or flood

2-26  vehicle for which a certificate of inspection that meets the requirements

2-27  of section 21 of this act has been submitted to the department.

2-28    Sec. 12.  “Salvage vehicle” means a motor vehicle that at any time

2-29  has:

2-30    1.  Sustained major damage, in a single incident, for which the cost

2-31  of repair exceeds 65 percent of the fair retail market value of the vehicle

2-32  immediately before the incident;

2-33    2.  Been transferred to an insurance company in connection with the

2-34  resolution of a claim for damages;

2-35    3.  Been designated as a salvage vehicle by its owner; or

2-36    4.  Had “salvage” or a similar word or designation on its title.

2-37    Sec. 13.  “Title” means:

2-38    1.  A certificate of title, a certificate of ownership or any other

2-39  document issued by any state or country indicating the ownership of a

2-40  motor vehicle or a bill of sale of salvage issued for a motor vehicle

2-41  pursuant to chapter 487 of NRS; or

2-42    2.  If no such document has been issued, the certificate or statement

2-43  of origin issued by the manufacturer of a motor vehicle.

2-44    Sec. 14.  “Transfer” means to change ownership by sale, gift or any

2-45  other means.

2-46    Sec. 15.  1.  A person who transfers a motor vehicle shall:

2-47    (a) Before the execution of any documents of transfer, provide to the

2-48  transferee, on a form provided by the department, a written disclosure,

2-49  signed and dated by the transferor and transferee, that:

3-1       (1) States whether, to the best knowledge of the transferor, the

3-2  vehicle at any time in its history has been a salvage vehicle, flood vehicle

3-3  or nonrepairable vehicle or has sustained major damage; and

3-4       (2) Includes, if the vehicle has ever sustained flood damage or

3-5  major damage, a brief description of all the facts known by the transferor

3-6  regarding the nature and amount of each occurrence of that damage;

3-7  and

3-8    (b) Unless the title is in the possession of another person who holds a

3-9  security interest in the vehicle, attach the original version of the

3-10  completed disclosure form to the title. Upon the attachment of the form to

3-11  the title, the form becomes a part of that title.

3-12    2.  A dealer or distributor shall retain a copy of each disclosure the

3-13  dealer or distributor issues or receives pursuant to this section for not

3-14  less than 5 years after the date of issuance or receipt.

3-15    Sec. 16.  1.  A long-term lessor who leases a motor vehicle to a long-

3-16  term lessee shall:

3-17    (a) Before the execution of any lease documents, provide to the lessee,

3-18  on a form provided by the department, a written disclosure, signed and

3-19  dated by the lessor and lessee, that:

3-20      (1) States whether, to the best knowledge of the lessor, the vehicle at

3-21  any time in its history has been a salvage vehicle, flood vehicle or

3-22  nonrepairable vehicle or has sustained major damage; and

3-23      (2) Includes, if the vehicle has ever sustained flood damage or

3-24  major damage, a brief description of all the facts known by the lessor

3-25  regarding the nature and amount of each occurrence of that damage;

3-26    (b) Provide the lessee with written notice of the provisions of

3-27  subsection 2 and the penalties that may be imposed for noncompliance

3-28  with those provisions; and

3-29    (c) Retain a copy of each disclosure the lessor receives pursuant to

3-30  subsection 2 for not less than 5 years after the date the lessor transfers

3-31  each applicable vehicle.

3-32    2.  A long-term lessee of a motor vehicle shall, before the long-term

3-33  lessor transfers the vehicle, provide to the lessor, on a form provided by

3-34  the department, a written disclosure, signed and dated by the lessee and

3-35  lessor, that:

3-36    (a) States whether, to the best knowledge of the lessee, the vehicle at

3-37  any time in its history has been a salvage vehicle, flood vehicle or

3-38  nonrepairable vehicle or has sustained major damage; and

3-39    (b) Includes, if the vehicle has ever sustained flood damage or major

3-40  damage, a brief description of all the facts known by the lessee regarding

3-41  the nature and amount of each occurrence of that damage.

3-42    3.  If a long-term lessor transfers a leased motor vehicle without

3-43  obtaining possession of the vehicle and the lessor has no reason to

3-44  believe that the disclosure received from the long-term lessee pursuant to

3-45  subsection 2 does not reflect the complete history of the vehicle, the

3-46  lessor, in making the disclosure required by section 15 of this act, may

3-47  indicate on the disclosure form the facts disclosed by the lessee pursuant

3-48  to subsection 2.

4-1    Sec. 17.  A person who acquires ownership or possession of a motor

4-2  vehicle for the purpose of resale shall not:

4-3    1.  Accept any disclosure for the vehicle provided to carry out section

4-4  15 of this act unless the disclosure form has been completed; and

4-5    2.  Accept any title to the vehicle unless a completed disclosure form

4-6  that meets the requirements of section 15 of this act is attached to the title

4-7  for each transfer denoted on the title.

4-8    Sec. 18.  If a motor vehicle is sold at an auction, the person

4-9  conducting the auction shall maintain, for not less than 5 years after the

4-10  date of the sale, a record of:

4-11    1.  The vehicle identification number;

4-12    2.  The name of the most recent owner of the vehicle, other than the

4-13  person conducting the auction, and the name of the buyer of the vehicle;

4-14  and

4-15    3.  Whether the title or the disclosure provided for the vehicle

4-16  pursuant to section 15 of this act by the most recent owner of the vehicle

4-17  indicated that the vehicle was a salvage vehicle, flood vehicle or

4-18  nonrepairable vehicle or had sustained major damage.

4-19    Sec. 19.  Except as otherwise provided in NRS 482.415, a motor

4-20  vehicle that is transferred on or after October 1, 2001, must not be

4-21  registered in this state unless:

4-22    1.  The transferor’s title to the motor vehicle is submitted to the

4-23  department; and

4-24    2.  A completed disclosure form that meets the requirements of

4-25  section 15 of this act is attached to the title for each transfer denoted on

4-26  the title.

4-27    Sec. 20.  Any title for a motor vehicle issued in this state on or after

4-28  October 1, 2001, must conspicuously disclose:

4-29    1.  Whether the previous title for the vehicle or any documents or

4-30  other information submitted to the department indicated that the vehicle

4-31  at any time has:

4-32    (a) Been a salvage vehicle, flood vehicle, nonrepairable vehicle or

4-33  renovated vehicle;

4-34    (b) Sustained major damage; or

4-35    (c) Been described by any similar words or designations; and

4-36    2.  The state or country that issued the previous title for the vehicle.

4-37    Sec. 21.  1.  A person shall not transfer a salvage vehicle or flood

4-38  vehicle to any person other than an insurance company, a dealer, an

4-39  automobile wrecker, a rebuilder, an automobile auction or a salvage

4-40  pool, unless:

4-41    (a) A permanent decal or inscription, of such a type as the department

4-42  prescribes by regulation, is affixed to the vehicle, in such a manner and

4-43  in such a prominent location as the department prescribes by regulation,

4-44  disclosing that the vehicle has been a salvage vehicle or flood vehicle;

4-45  and

4-46    (b) The transferor provides to the transferee:

4-47      (1) A title for the vehicle, issued after the vehicle became a salvage

4-48  vehicle or flood vehicle, indicating that the vehicle is a renovated vehicle;

4-49  or

5-1       (2) Before the execution of any documents of transfer, a copy of a

5-2  certificate of inspection for the vehicle, prepared after the vehicle became

5-3  a salvage vehicle or flood vehicle, that complies with the requirements of

5-4  this section. If the original certificate of inspection has not previously

5-5  been submitted to the department, the transferor shall attach the original

5-6  certificate to the title. Upon the attachment of the certificate to the title,

5-7  the certificate becomes a part of that title.

5-8    2.  A certificate of inspection required pursuant to this section must:

5-9    (a) Be on a form provided by the department;

5-10    (b) Contain such information and attestations regarding the repair,

5-11  inspection and safety of the vehicle as the department prescribes by

5-12  regulation; and

5-13    (c) Be prepared, dated and signed by a person who has such

5-14  qualifications and equipment and performs such acts as the department

5-15  prescribes by regulation.

5-16    Sec. 22.  If a motor vehicle is first determined to be a nonrepairable

5-17  vehicle on or after October 1, 2001:

5-18    1.  A person who knows that the vehicle has been determined to be a

5-19  nonrepairable vehicle shall not:

5-20    (a) Operate the vehicle upon any highway in this state; or

5-21    (b) Register or renew the registration of the vehicle in this state; and

5-22    2.  The vehicle may be transferred only to an insurance company or

5-23  an automobile wrecker, and only for the purpose of dismantling or

5-24  crushing.

5-25    Sec. 23.  If an insurance company settles a claim for damages

5-26  regarding a motor vehicle that is a salvage vehicle, flood vehicle or

5-27  nonrepairable vehicle or has sustained major damage, and the vehicle is

5-28  not transferred to the insurance company in connection with the

5-29  settlement, the insurance company shall, at or before the time of the

5-30  settlement, provide the owner of the vehicle with written notice of the

5-31  responsibility of the owner to comply with the provisions of section 15 of

5-32  this act and a blank disclosure form which is sufficient for that purpose.

5-33  If the vehicle is:

5-34    1.  A salvage vehicle or a flood vehicle, the notice required by this

5-35  section must inform the owner of the provisions of section 21 of this act.

5-36    2.  A nonrepairable vehicle:

5-37    (a) The notice required by this section must inform the owner of the

5-38  provisions of section 22 of this act; and

5-39    (b) The insurance company shall, in addition to providing the notice

5-40  required by this section, notify the department and, if the vehicle is

5-41  registered in another state, the state agency responsible for issuing titles

5-42  in that state, that the vehicle is a nonrepairable vehicle.

5-43    Sec. 24.  1.  The department shall adopt such regulations as it

5-44  deems necessary to carry out the provisions of sections 2 to 26, inclusive,

5-45  of this act.

5-46    2.  The disclosure forms provided by the department pursuant to

5-47  sections 15 and 16 of this act must advise any transferor, long-term

5-48  lessor or long-term lessee who lacks certainty about the occurrence or

5-49  scope of damage to a motor vehicle to give a full description of all facts

6-1  known to him bearing on any possible flood damage or major damage to

6-2  the vehicle.

6-3    Sec. 25.  1.  Except as otherwise provided in subsection 2, a person

6-4  who, with intent to defraud, violates any provision of sections 2 to 26,

6-5  inclusive, of this act is liable to any person harmed by that violation in an

6-6  amount equal to the sum of:

6-7    (a) Three times the amount of actual damages sustained by the person

6-8  harmed or $5,000, whichever is greater; and

6-9    (b) If an action brought by the person harmed is successful in

6-10  enforcing the liability imposed by paragraph (a), the costs of bringing the

6-11  action together with reasonable attorney’s fees, as determined by the

6-12  court.

6-13    2.  A person who owns, leases or operates a motor vehicle for

6-14  personal, family or household use is not liable pursuant to subsection 1

6-15  for any:

6-16    (a) Failure to provide a disclosure or certificate of inspection required

6-17  pursuant to sections 2 to 26, inclusive, of this act for such a vehicle

6-18  unless the person had actual knowledge of the requirement to provide the

6-19  disclosure or certificate; or

6-20    (b) Other violation of sections 2 to 26, inclusive, of this act regarding

6-21  such a vehicle unless the person had actual knowledge of the facts at

6-22  issue in the violation.

6-23    3.  The remedies provided pursuant to this section are independent of

6-24  and supplemental to, and do not limit or preclude the application of, any

6-25  other legal or equitable remedies.

6-26    Sec. 26.  A person shall not conspire with any other person to violate

6-27  a provision of sections 2 to 26, inclusive, of this act.

6-28    Sec. 27.  NRS 482.240 is hereby amended to read as follows:

6-29    482.240  1.  Upon [a] the registration of a vehicle, the department or a

6-30  registered dealer shall issue a certificate of registration to the owner.

6-31    2.  When an applicant for registration or transfer of registration is

6-32  unable, for any reason, to submit to the department in support of the

6-33  application [for registration, or transfer of registration,] such documentary

6-34  evidence of legal ownership as, in the opinion of the department, is

6-35  sufficient to establish the legal ownership of the vehicle concerned in the

6-36  application , [for registration or transfer of registration,] the department

6-37  may , except as otherwise provided in NRS 482.230, issue to the applicant

6-38  only a certificate of registration.

6-39    3.  The department may, upon proof of ownership satisfactory to it,

6-40  issue a certificate of ownership before the registration of the vehicle

6-41  concerned. The certificate of registration issued pursuant to this chapter is

6-42  valid only during the registration period or calendar year for which it is

6-43  issued, and a certificate of ownership is valid until canceled by the

6-44  department upon the transfer of interest therein.

6-45    Sec. 28.  NRS 482.245 is hereby amended to read as follows:

6-46    482.245  1.  The certificate of registration must contain upon the face

6-47  thereof the date issued, the registration number assigned to the vehicle, the

6-48  legal name and address of the registered owner, the county where the

6-49  vehicle is to be based unless it is deemed to have no base, a description of

7-1  the registered vehicle and such other statement of facts as may be

7-2  determined by the department.

7-3    2.  The certificate of ownership must contain upon the face thereof the

7-4  date issued, the name and address of the registered owner and the owner or

7-5  lienholder, if any, a description of the vehicle, any entries required by NRS

7-6  482.423 to 482.428, inclusive, any disclosures required by section 20 of

7-7  this act, a reading of the vehicle’s odometer as provided to the department

7-8  by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt

7-9  vehicle, and such other statement of facts as may be determined by the

7-10  department. The reverse side of the certificate of ownership must contain

7-11  forms for notice to the department of a transfer of the title or interest of the

7-12  owner or lienholder and application for registration by the transferee. If a

7-13  new certificate of ownership is issued for a vehicle, it must contain the

7-14  same information as the replaced certificate, except to the extent that the

7-15  information has changed after the issuance of the replaced certificate.

7-16  Except as otherwise required by federal law, the certificate of ownership of

7-17  a vehicle which the department knows to have been stolen must not contain

7-18  any statement or other indication that the mileage specified in the

7-19  certificate or registered on the odometer is anything other than the actual

7-20  mileage traveled by the vehicle, in the absence of proof that the odometer

7-21  of the vehicle has been disconnected, reset or altered.

7-22    Sec. 29.  NRS 482.415 is hereby amended to read as follows:

7-23    482.415  1.  Whenever application is made to the department for the

7-24  registration of a vehicle previously registered pursuant to this chapter and

7-25  the applicant is unable to present a completed disclosure form required

7-26  pursuant to section 19 of this act or the certificate of registration or

7-27  ownership previously issued for the vehicle because the disclosure form or

7-28  certificate of registration or ownership is lost, unlawfully detained by one

7-29  in possession or otherwise not available, the department may receive the

7-30  application, investigate the circumstances of the case and require the filing

7-31  of affidavits or other information. When the department is satisfied [that] :

7-32    (a) As to whether the vehicle is a salvage vehicle as defined in section

7-33  12 of this act, a flood vehicle as defined in section 7 of this act or a

7-34  nonrepairable vehicle as defined in section 10 of this act, or has

7-35  sustained major damage as defined in section 8 of this act; and

7-36    (b) That the applicant is entitled to new certificates of registration and

7-37  ownership,

7-38  it may register the applicant’s vehicle and issue new certificates and a new

7-39  license plate or plates to the person or persons entitled thereto.

7-40    2.  Whenever application is made to the department for the registration

7-41  of a motor vehicle of which the:

7-42    (a) Ownership has been transferred;

7-43    (b) Certificate of ownership is lost, unlawfully detained by one in

7-44  possession or otherwise not available; and

7-45    (c) Model year is 9 years old or newer,

7-46  the transferor of the motor vehicle may, for the purpose of furnishing any

7-47  information required by the department to carry out the provisions of NRS

7-48  484.60665, designate the transferee of the motor vehicle as his attorney in

7-49  fact on a form for a power of attorney provided by the department.

8-1    3.  The department shall provide the form described in subsection 2.

8-2  The form must be:

8-3    (a) Produced in a manner that ensures that the form may not be easily

8-4  counterfeited; and

8-5    (b) Substantially similar to the form set forth in Appendix E of Part 580

8-6  of Title 49 of the Code of Federal Regulations.

8-7    4.  The department may charge a fee not to exceed 50 cents for each

8-8  form it provides.

8-9    Sec. 30.  NRS 482.470 is hereby amended to read as follows:

8-10    482.470  1.  If any vehicle is dismantled, junked or rendered

8-11  inoperative and unfit for further use in accordance with the original

8-12  purpose for which it was constructed, the owner shall deliver to the

8-13  department [any] :

8-14    (a) Any certificate of registration and certificate of ownership issued by

8-15  the department or any other jurisdiction, unless the certificate of ownership

8-16  is required for the collection of any insurance or other indemnity for the

8-17  loss of the vehicle, or for transfer in order to dispose of the vehicle[.] ; and

8-18    (b) If the vehicle is a motor vehicle other than a vehicle described in

8-19  NRS 482.210, written notification of whether the vehicle is a salvage

8-20  vehicle as defined in section 12 of this act, a flood vehicle as defined in

8-21  section 7 of this act or a nonrepairable vehicle as defined in section 10 of

8-22  this act, or has sustained major damage as defined in section 8 of this

8-23  act.

8-24    2.  Any other person taking possession of a vehicle described in

8-25  subsection 1 shall immediately deliver to the department [any] :

8-26    (a) Any license plate or plates, certificate of registration or certificate of

8-27  ownership issued by the department or any other jurisdiction, if he has

8-28  acquired possession of any of these and unless the certificate of ownership

8-29  is required for a further transfer in the ultimate disposition of the vehicle[.]

8-30  ; and

8-31    (b) If the vehicle is a motor vehicle other than a vehicle described in

8-32  NRS 482.210, written notification of whether the vehicle is a salvage

8-33  vehicle as defined in section 12 of this act, a flood vehicle as defined in

8-34  section 7 of this act or a nonrepairable vehicle as defined in section 10 of

8-35  this act, or has sustained major damage as defined in section 8 of this

8-36  act.

8-37    3.  The department may issue a salvage title as provided in chapter 487

8-38  of NRS. The department shall not charge a fee for the issuance of the

8-39  salvage title.

8-40    4.  The department shall destroy any plate or plates, certificate of

8-41  registration or certificate of ownership that is returned in a manner

8-42  described in subsections 1 and 2. The department shall not issue a

8-43  certificate of registration or certificate of ownership for a vehicle with the

8-44  same identification number as the dismantled, junked or inoperative

8-45  vehicle if the vehicle was manufactured in the 5 years preceding the date

8-46  on which it was dismantled, junked or otherwise rendered inoperative,

8-47  unless the department authorizes the restoration of the vehicle pursuant to

8-48  subsection 2 of NRS 482.553.

 

9-1    Sec. 31.  NRS 482.555 is hereby amended to read as follows:

9-2    482.555  In addition to any other penalty provided by this chapter:

9-3    1.  It is a gross misdemeanor for any person knowingly to falsify:

9-4    (a) A dealer’s or rebuilder’s report of sale, as described in NRS 482.423

9-5  and 482.424; [or]

9-6    (b) A disclosure or certificate of inspection required pursuant to

9-7  sections 2 to 26, inclusive, of this act; or

9-8    (c) An application or any other document to obtain any:

9-9       (1) License;

9-10      (2) Permit; or

9-11      (3) Certificate of ownership,

9-12  issued under the provisions of this chapter.

9-13    2.  It is a misdemeanor for any person to violate any of the provisions

9-14  of this chapter unless such violation is by this section or any other

9-15  provision of this chapter or other law of this state declared to be a gross

9-16  misdemeanor or a felony.

9-17    Sec. 32.  NRS 487.100 is hereby amended to read as follows:

9-18    487.100  1.  Except as otherwise provided in subsection 2, any

9-19  automobile wrecker purchasing from any person other than a licensed

9-20  operator of a salvage pool, any vehicle subject to registration pursuant to

9-21  the laws of this state shall forward to the department the certificates of

9-22  ownership and registration last issued therefor[.] , together with a

9-23  completed disclosure form, if required pursuant to section 15 of this act,

9-24  for each transfer of title denoted on the certificate of ownership.

9-25    2.  The certificate of ownership last issued for a mobile home or

9-26  commercial coach must be sent by the wrecker to the manufactured

9-27  housing division[.] of the department of business and industry.

9-28    3.  The state agency may issue to the licensee a salvage title containing

9-29  a brief description of the vehicle, including, insofar as data may exist with

9-30  respect to the vehicle, the make, type, serial number and motor number, or

9-31  any other number of the vehicle. The state agency shall not charge a fee for

9-32  the issuance of the salvage title.

9-33    Sec. 33.  NRS 487.110 is hereby amended to read as follows:

9-34    487.110  1.  Except as otherwise provided in subsection 2, whenever a

9-35  vehicle subject to registration is sold as salvage:

9-36    (a) As a result of a total loss insurance settlement, the insurance

9-37  company or its authorized agent shall forward the endorsed ownership

9-38  certificate or other evidence of title to the state agency , together with a

9-39  completed disclosure form, if required pursuant to section 15 of this act,

9-40  for that sale and any other transfer of title denoted on the certificate or

9-41  other evidence of title, within 30 days after receipt thereof; or

9-42    (b) Because the owner determines that the vehicle is a total loss vehicle,

9-43  the owner shall forward the ownership certificate or other evidence of title

9-44  to the state agency , together with a completed disclosure form, if required

9-45  pursuant to section 15 of this act, for that sale and any other transfer of

9-46  title denoted on the certificate or other evidence of title, within 120 days

9-47  after the vehicle is damaged.

9-48    2.  [The] Except as otherwise provided in sections 2 to 26, inclusive,

9-49  of this act:

10-1    (a) An insurance company or its authorized agent may sell a vehicle for

10-2  which a total loss settlement has been made with the properly endorsed

10-3  ownership certificate or other evidence of title if the total loss settlement

10-4  resulted from the theft of the vehicle and the vehicle, when recovered, was

10-5  not damaged to the extent that it was required to be rebuilt.

10-6    (b) An owner who has determined that a vehicle is a total loss vehicle

10-7  may sell the vehicle with the properly endorsed ownership certificate or

10-8  other evidence of title to a salvage pool, automobile auction, rebuilder,

10-9  automobile wrecker , or a new or used motor vehicle dealer.

10-10  3.  Upon the sale of the salvage vehicle, the insurance company,

10-11  salvage pool, automobile auction, leasing company or financial institution

10-12  which sells the salvage vehicle shall issue a bill of sale of salvage to the

10-13  purchaser on a form to be prescribed and supplied by the state agency. The

10-14  state agency shall accept the bill of sale of salvage in lieu of the ownership

10-15  certificate or other evidence of title when accompanied by an appropriate

10-16  application [or] and any other required documents and fees.

10-17  4.  [When] If the salvage vehicle is rebuilt and to be restored to

10-18  operation, the vehicle may not be licensed for operation or the ownership

10-19  thereof transferred until there is submitted to the state agency with the

10-20  prescribed bill of sale of salvage an appropriate application, any other

10-21  documents and fees required, and a certificate of inspection signed by an

10-22  employee of the state agency attesting to its mechanical fitness and safety.

10-23  5.  When a total loss insurance settlement between the insurance

10-24  company and its insured results in the retention of the salvage vehicle by

10-25  the insured, the insurance company or its authorized agent shall, within 30

10-26  days after the date of settlement, notify the state agency of the retention by

10-27  its insured upon a form to be supplied by the state agency.

10-28  Sec. 34.  NRS 487.120 is hereby amended to read as follows:

10-29  487.120  1.  If the applicant for a salvage title is unable to furnish the

10-30  certificates of ownership and registration last issued for the vehicle , [or] a

10-31  bill of sale of salvage[,] or a completed disclosure form, if required

10-32  pursuant to section 15 of this act, for each transfer of title denoted on the

10-33  certificate of ownership or bill of sale of salvage, the state agency may

10-34  accept the application, examine the circumstances of the case and require

10-35  the filing of suitable affidavits or other information or documents. If

10-36  satisfied that the applicant is entitled to a salvage title, the state agency may

10-37  issue the salvage title.

10-38  2.  No duplicate certificate of ownership or registration may be issued

10-39  when a salvage title is applied for, and no fees are required for the

10-40  affidavits of any stolen, lost or damaged certificate, or duplicates thereof,

10-41  unless the vehicle is subsequently registered.

10-42  Sec. 35.  NRS 487.480 is hereby amended to read as follows:

10-43  487.480  1.  Before an operator of a salvage pool sells any vehicle

10-44  subject to registration pursuant to the laws of this state, he must have in his

10-45  possession the certificate of ownership or a bill of sale of salvage for that

10-46  vehicle. He shall, within 10 days after completion of the transaction,

10-47  forward the certificate of ownership or bill of sale of salvage , together

10-48  with a completed disclosure form, if required pursuant to section 15 of

10-49  this act, for each transfer of title denoted on the certificate or bill, to the

11-1  department. The department shall not issue a certificate of registration or

11-2  certificate of ownership for a vehicle with the same identification number

11-3  if the vehicle was manufactured in the 5 years preceding the date on which

11-4  the operator forwards the certificates to the department, unless the

11-5  department authorizes the restoration of the vehicle pursuant to subsection

11-6  2 of NRS 482.553.

11-7    2.  Upon sale of the vehicle, the operator of the salvage pool shall

11-8  provide a bill of sale of salvage to the licensed automobile wrecker, dealer

11-9  of new or used motor vehicles or rebuilder on a form prescribed and

11-10  supplied by the department. The department shall accept the bill of sale of

11-11  salvage in lieu of the certificate of ownership or other evidence of title

11-12  from the:

11-13  (a) Automobile wrecker, if the bill of sale of salvage is accompanied by

11-14  an appropriate application for a salvage title[;] and any other required

11-15  documents; or

11-16  (b) Dealer of new or used motor vehicles or rebuilder when he licenses

11-17  the vehicle for operation or transfers ownership of it, if the bill of sale of

11-18  salvage is accompanied by an appropriate application, all other required

11-19  documents and fees, and a certificate of inspection signed by an employee

11-20  of the department attesting to the mechanical fitness and safety of the

11-21  vehicle.

11-22  3.  The department may issue to:

11-23  (a) The licensed automobile wrecker;

11-24  (b) A licensed operator of a salvage pool;

11-25  (c) A dealer of new or used motor vehicles who is licensed in another

11-26  state or foreign country and is registered with a salvage pool; or

11-27  (d) An automobile wrecker or dismantler who is licensed in another

11-28  state or foreign country and is registered with a salvage pool,

11-29  a salvage title that contains a brief description of the vehicle, including,

11-30  insofar as data may exist with respect to the vehicle, the make, type, serial

11-31  number and motor number, or any other number of the vehicle. Except as

11-32  otherwise provided in this subsection, the department shall charge and

11-33  collect a fee of $10 for the issuance of a salvage title pursuant to this

11-34  subsection. The department shall not charge such a fee for the issuance of a

11-35  salvage title to an automobile wrecker licensed in this state. Fees collected

11-36  by the department pursuant to this subsection must be deposited with the

11-37  state treasurer to the credit of the account for regulation of salvage pools,

11-38  automobile wreckers, body shops and garages. Possession of a salvage title

11-39  does not entitle a person to dismantle, scrap, process or wreck any vehicle

11-40  in this state unless the person holds a license issued pursuant to NRS

11-41  487.050.

11-42  Sec. 36.  The amendatory provisions of this act do not apply to

11-43  offenses committed before October 1, 2001.

11-44  Sec. 37.  This act becomes effective upon passage and approval for the

11-45  purpose of adopting regulations by the department of motor vehicles and

11-46  public safety to carry out the provisions of this act and for all other

11-47  purposes on October 1, 2001.

 

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