Assembly Bill No. 246–Assemblymen McClain, Koivisto, Manendo, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Lee, Leslie, Marvel, Mortenson, Neighbors, Nolan, Oceguera, Parks, Parnell, Perkins, Price, Smith, Tiffany and Williams

 

February 27, 2001

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Joint Sponsors: Senators Carlton, Amodei, Care, O’Donnell, Schneider, Shaffer, Titus and Wiener

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Referred to Committee on Transportation

 

SUMMARY—Revises provisions regarding registration of motor vehicle by new resident of this state. (BDR 43‑213)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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

 

AN ACT relating to motor vehicles; making various changes to the provisions governing the registration of motor vehicles by new residents of this state and the issuance of drivers’ licenses to such persons; 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 482.206 is hereby amended to read as follows:

1-2    482.206  1.  Except as otherwise provided in this section[,] and

1-3  subsection 6 of NRS 482.385, every motor vehicle, except for a motor

1-4  vehicle that is registered pursuant to the provisions of NRS 706.801 to

1-5  706.861, inclusive, or which is a motor vehicle with a declared gross

1-6  weight in excess of 26,000 pounds, must be registered for a period of 12

1-7  consecutive months beginning the day after the first registration by the

1-8  owner in this state.

1-9    2.  Every vehicle registered by an agent of the department or a

1-10  registered dealer must be registered for 12 consecutive months beginning

2-1  the first day of the month after the first registration by the owner in this

2-2  state.

2-3    3.  Upon the application of the owner of a fleet of vehicles, the director

2-4  may permit him to register his fleet on the basis of a calendar year.

2-5    4.  When the registration of any vehicle is transferred pursuant to the

2-6  provisions of NRS 482.3667, 482.379 or 482.399, the expiration date of

2-7  each regular license plate, special license plate or substitute decal must, at

2-8  the time of the transfer of registration, be advanced for a period of 12

2-9  consecutive months beginning:

2-10    (a) The first day of the month after the transfer, if the vehicle is

2-11  transferred by an agent of the department; or

2-12    (b) The day after the transfer in all other cases,

2-13  and a credit on the portion of the fee for registration and privilege tax

2-14  attributable to the remainder of the current period of registration allowed

2-15  pursuant to the applicable provisions of NRS 482.3667, 482.379 and

2-16  482.399.

2-17    Sec. 2.  NRS 482.385 is hereby amended to read as follows:

2-18    482.385  1.  Except as otherwise provided in subsection 4 and NRS

2-19  482.390, a nonresident owner of a vehicle of a type subject to registration

2-20  pursuant to the provisions of this chapter, owning any vehicle which has

2-21  been registered for the current year in the state, country or other place of

2-22  which the owner is a resident and which at all times when operated in this

2-23  state has displayed upon it the registration license plate issued for the

2-24  vehicle in the place of residence of the owner, may operate or permit the

2-25  operation of the vehicle within this state without its registration in this state

2-26  pursuant to the provisions of this chapter and without the payment of any

2-27  registration fees to this state.

2-28    2.  This section does not:

2-29    (a) Prohibit the use of manufacturers’, distributors’ or dealers’ license

2-30  plates issued by any state or country by any nonresident in the operation of

2-31  any vehicle on the public highways of this state.

2-32    (b) Require registration of vehicles of a type subject to registration

2-33  pursuant to the provisions of this chapter operated by nonresident common

2-34  motor carriers of persons or property, contract motor carriers of persons or

2-35  property, or private motor carriers of property as stated in NRS 482.390.

2-36    (c) Require registration of a vehicle operated by a border state

2-37  employee.

2-38    3.  When a person, formerly a nonresident, becomes a resident of this

2-39  state, he shall[:

2-40    (a) Within 30 days after becoming a resident; or

2-41    (b) At the time] , before he obtains his driver’s license, [whichever

2-42  occurs earlier,] apply for the registration of [any vehicle which he owns

2-43  and] each vehicle he owns which is operated in this state.

2-44    4.  Any resident operating [a motor vehicle] upon a highway of this

2-45  state a motor vehicle which is owned by a nonresident and which is

2-46  furnished to the resident operator for his continuous use within this state,

2-47  shall cause that vehicle to be registered within 30 days after beginning its

2-48  operation within this state.

3-1    5.  [A] Except as otherwise provided in subsection 6, a person

3-2  registeringa vehicle pursuant to the provisions of subsection 3, 4 or [6 of

3-3  this section] 7 or pursuant to NRS 482.390 [must] :

3-4    (a) Must be assessed the registration fees and privilege tax, as required

3-5  by the provisions of this chapter and chapter 371 of NRS[. He must] ; and

3-6    (b) Must not be allowed credit on those taxes and fees for the unused

3-7  months of his previous registration.

3-8    6.  If a person is registering a vehicle pursuant to subsection 3 and

3-9  the person provides evidence satisfactory to the department that the

3-10  registration of the vehicle in another state will not expire for 6 months or

3-11  more:

3-12    (a) The person may elect to initially register the vehicle in this state

3-13  for a period of 6 consecutive months beginning the day after he pays the

3-14  first registration in this state; and

3-15    (b) If the person makes the election authorized by paragraph (a), the

3-16  registration fees and privilege tax that would otherwise be due if the

3-17  person registered the vehicle in this state for a period of 12 consecutive

3-18  months must be prorated to apply to a 6-month period.

3-19  The election authorized by paragraph (a) may be exercised only when a

3-20  vehicle is initially registered in this state pursuant to subsection 3.

3-21  Thereafter, if the vehicle is required to be registered in this state, the

3-22  vehicle must be registered for a period of 12 consecutive months as

3-23  required by NRS 482.206.

3-24    7.  If a vehicle is used in this state for a gainful purpose, the owner

3-25  shall immediately apply to the department for registration, except as

3-26  otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861,

3-27  inclusive.

3-28    [7.] 8.  An owner registering a vehicle pursuant to the provisions of

3-29  this section shall surrender the existing nonresident license plates and

3-30  registration certificates to the department for cancellation.

3-31    [8.] 9.  A vehicle may be cited for a violation of this section regardless

3-32  of whether it is in operation or is parked on a highway, in a public parking

3-33  lot or on private property which is open to the public if, after

3-34  communicating with the owner or operator of the vehicle, the peace officer

3-35  issuing the citation determines that:

3-36    (a) The owner of the vehicle is a resident of this state; or

3-37    (b) The vehicle is used in this state for a gainful purpose.

3-38    Sec. 3.  NRS 482.480 is hereby amended to read as follows:

3-39    482.480  [There] Except as otherwise provided in subsection 6 of NRS

3-40  482.385, there must be paid to the department for the registration or the

3-41  transfer or reinstatement of the registration of motor vehicles, trailers and

3-42  semitrailers, fees according to the following schedule:

3-43    1.  Except as otherwise provided in this section, for each stock

3-44  passenger car and each reconstructed or specially constructed passenger car

3-45  registered to a person, regardless of weight or number of passenger

3-46  capacity, a fee for registration of $33.

3-47    2.  Except as otherwise provided in subsection 3:

3-48    (a) For each of the fifth and sixth such cars registered to a person, a fee

3-49  for registration of $16.50.

4-1    (b) For each of the seventh and eighth such cars registered to a person, a

4-2  fee for registration of $12.

4-3    (c) For each of the ninth or more such cars registered to a person, a fee

4-4  for registration of $8.

4-5    3.  The fees specified in subsection 2 do not apply:

4-6    (a) Unless the person registering the cars presents to the department at

4-7  the time of registration the registrations of all of the cars registered to him.

4-8    (b) To cars that are part of a fleet.

4-9    4.  For every motorcycle, a fee for registration of $33 and for each

4-10  motorcycle other than a trimobile, an additional fee of $6 for motorcycle

4-11  safety. The additional fee must be deposited in the state highway fund for

4-12  credit to the account for the program for the education of motorcycle

4-13  riders.

4-14    5.  For each transfer of registration, a fee of $6 in addition to any other

4-15  fees.

4-16    6.  To reinstate the registration of a motor vehicle suspended pursuant

4-17  to NRS 485.317:

4-18    (a) A fee of $250 for a registered owner who failed to have insurance on

4-19  the date specified in the form for verification that was mailed by the

4-20  department pursuant to subsection 2 of NRS 485.317; or

4-21    (b) A fee of $50 for a registered owner of a dormant vehicle who

4-22  canceled the insurance coverage for that vehicle or allowed the insurance

4-23  coverage for that vehicle to expire without first canceling the registration

4-24  for the vehicle in accordance with subsection 3 of NRS 485.320,

4-25  both of which must be deposited in the account for verification of

4-26  insurance which is hereby created in the state highway fund. Money in the

4-27  account must be used to carry out the provisions of NRS 485.313 to

4-28  485.318, inclusive.

4-29    7.  For every travel trailer, a fee for registration of $27.

4-30    8.  For every permit for the operation of a golf cart, an annual fee
of $10.

4-31    9.  For every low-speed vehicle, as that term is defined in NRS

4-32  484.527, a fee for registration of $33.

4-33    10.  To reinstate the registration of a motor vehicle that is suspended

4-34  pursuant to NRS 482.451, a fee of $33.

4-35    Sec. 4.  NRS 483.250 is hereby amended to read as follows:

4-36    483.250  The department shall not issue any license under the

4-37  provisions of NRS 483.010 to 483.630, inclusive:

4-38    1.  To any person who is under the age of 18 years, except that the

4-39  department may issue:

4-40    (a) A restricted license to a person between the ages of 14 and 18 years

4-41  pursuant to the provisions of NRS 483.267 and 483.270.

4-42    (b) An instruction permit to a person who is at least 15 1/2 years of age

4-43  pursuant to the provisions of subsection 1 of NRS 483.280.

4-44    (c) A restricted instruction permit to a person under the age of 18 years

4-45  pursuant to the provisions of subsection 3 of NRS 483.280.

4-46    (d) Except as otherwise provided in paragraph (e), a license to a person

4-47  between the ages of 16 and 18 years who has completed a course:

4-48      (1) In automobile driver education pursuant to NRS 389.090; or

5-1       (2) Provided by a school for training drivers licensed pursuant to

5-2  NRS 483.700 to 483.780, inclusive, if the course complies with the

5-3  applicable regulations governing the establishment, conduct and scope of

5-4  automobile driver education adopted by the state board of education

5-5  pursuant to NRS 389.090,

5-6  and who has at least 50 hours of experience in driving a motor vehicle with

5-7  a restricted license, instruction permit or restricted instruction permit issued

5-8  pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal

5-9  guardian of a person who desires to obtain a license pursuant to this

5-10  paragraph must sign and submit to the department a form provided by the

5-11  department which attests that the person who desires a license has

5-12  completed the training and experience required by this paragraph.

5-13    (e) A license to a person who is between the ages of 16 and 18 years if:

5-14      (1) The public school in which he is enrolled is located in a county

5-15  whose population is less than 35,000 or in a city or town whose population

5-16  is less than 25,000;

5-17      (2) The public school does not offer automobile driver education;

5-18      (3) He has at least 50 hours of experience in driving a motor vehicle

5-19  with a restricted license, instruction permit or restricted instruction permit

5-20  issued pursuant to NRS 483.267, 483.270 or 483.280; and

5-21      (4) His parent or legal guardian signs and submits to the department a

5-22  form provided by the department which attests that the person who desires

5-23  a license has completed the experience required by subparagraph (3).

5-24    2.  To any person who is a new resident of this state unless the person

5-25  provides to the department:

5-26    (a) Proof that he has registered each vehicle he owns which is

5-27  operated in this state, as required by NRS 482.385; or

5-28    (b) A signed affidavit in which he:

5-29      (1) Attests that he does not own any vehicle which is operated in

5-30  this state; or

5-31      (2) Sets forth facts which show that he is, in accordance with the

5-32  laws of this state, exempt from the requirement to register each vehicle

5-33  he owns which is operated in this state.

5-34    3.  To any person whose license has been revoked until the expiration

5-35  of the period during which he is not eligible for a license.

5-36    [3.] 4.  To any person whose license has been suspended, but, upon

5-37  good cause shown to the administrator, the department may issue a

5-38  restricted license to him or shorten any period of suspension.

5-39    [4.] 5.  To any person who has previously been adjudged to be

5-40  afflicted with or suffering from any mental disability or disease and who

5-41  has not at the time of application been restored to legal capacity.

5-42    [5.] 6.  To any person who is required by NRS 483.010 to 483.630,

5-43  inclusive, to take an examination, unless he has successfully passed the

5-44  examination.

5-45    [6.] 7.  To any person when the administrator has good cause to

5-46  believe that by reason of physical or mental disability that person would

5-47  not be able to operate a motor vehicle safely.

5-48    [7.] 8.  To any person who is not a resident of this state.

6-1    [8.] 9.  To any child who is the subject of a court order issued pursuant

6-2  to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

6-3  62.228 which delays his privilege to drive.

6-4    [9.] 10.  To any person who is the subject of a court order issued

6-5  pursuant to NRS 206.330 which suspends or delays his privilege to drive

6-6  until the expiration of the period of suspension or delay.

6-7    Sec. 5.  Chapter 371 of NRS is hereby amended by adding thereto a

6-8  new section to read as follows:

6-9    If a person registers a vehicle pursuant to subsection 3 of NRS 482.385

6-10  and makes the election authorized by paragraph (a) of subsection 6 of

6-11  that section, the amount of the privilege tax must be prorated to apply to

6-12  a 6-month period.

6-13    Sec. 6.  This act becomes effective on July 1, 2001.

 

6-14  H