requires two-thirds majority vote (§ 2)                                                   

                                                                                                  

 

Assembly Bill No. 476–Assemblyman Dini (by request)

 

March 19, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises fee for reinstatement of registration of motor vehicle suspended for lack of insurance. (BDR 43‑865)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to motor vehicles; revising the fee for the reinstatement of the registration of a motor vehicle that was suspended for lack of insurance; 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 482.451 is hereby amended to read as follows:

1-2    482.451  1.  The department shall, upon receiving an order from a

1-3  court to suspend the registration of each motor vehicle that is registered to

1-4  or owned by a person pursuant to NRS 484.37975, suspend the registration

1-5  of each such motor vehicle for 5 days and require the return to the

1-6  department of the license plates of each such motor vehicle.

1-7    2.  If the registration of a motor vehicle of a person is suspended

1-8  pursuant to this section, he shall immediately return the certificate of

1-9  registration and the license plates to the department.

1-10    3.  The period of suspension of the registration of a motor vehicle that

1-11  is suspended pursuant to this section begins on the effective date of the

1-12  suspension as set forth in the notice thereof.

1-13    4.  The department shall reinstate the registration of a motor vehicle

1-14  that was suspended pursuant to this section and reissue the license plates of

1-15  the motor vehicle only upon the payment of the fee for reinstatement of

1-16  registration prescribed in subsection [10] 11 of NRS 482.480.

1-17    5.  The suspension of the registration of a motor vehicle pursuant to

1-18  this section does not prevent the owner of the motor vehicle from selling or

1-19  otherwise transferring an interest in the motor vehicle.

1-20    Sec. 2.  NRS 482.480 is hereby amended to read as follows:

1-21    482.480  There must be paid to the department for the registration or

1-22  the transfer or reinstatement of the registration of motor vehicles, trailers

1-23  and semitrailers, fees according to the following schedule:

2-1    1.  Except as otherwise provided in this section, for each stock

2-2  passenger car and each reconstructed or specially constructed passenger car

2-3  registered to a person, regardless of weight or number of passenger

2-4  capacity, a fee for registration of $33.

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

2-6    (a) For each of the fifth and sixth such cars registered to a person, a fee

2-7  for registration of $16.50.

2-8    (b) For each of the seventh and eighth such cars registered to a person, a

2-9  fee for registration of $12.

2-10    (c) For each of the ninth or more such cars registered to a person, a fee

2-11  for registration of $8.

2-12    3.  The fees specified in subsection 2 do not apply:

2-13    (a) Unless the person registering the cars presents to the department at

2-14  the time of registration the registrations of all of the cars registered to him.

2-15    (b) To cars that are part of a fleet.

2-16    4.  For every motorcycle, a fee for registration of $33 and for each

2-17  motorcycle other than a trimobile, an additional fee of $6 for motorcycle

2-18  safety. The additional fee must be deposited in the state highway fund for

2-19  credit to the account for the program for the education of motorcycle

2-20  riders.

2-21    5.  For each transfer of registration, a fee of $6 in addition to any other

2-22  fees.

2-23    6.  To reinstate the registration of a motor vehicle suspended pursuant

2-24  to NRS 485.317[:

2-25    (a) A fee of $250] , a reinstatement fee for a registered owner who

2-26  failed to have insurance on the date specified in the form for verification

2-27  that was mailed by the department pursuant to subsection 2 of NRS

2-28  485.317[; or

2-29    (b) A fee of $50 for a registered owner of a dormant vehicle who

2-30  canceled the insurance coverage for that vehicle or allowed the insurance

2-31  coverage for that vehicle to expire without first canceling the registration

2-32  for the vehicle in accordance with subsection 3 of NRS 485.320,

2-33  both] of :

2-34    (a) Fifty dollars, if it is the first occurrence in which the registered

2-35  owner failed to have insurance on the date specified in the form;

2-36    (b) One hundred dollars, if it is the second occurrence in which the

2-37  registered owner failed to have insurance on the date specified in the

2-38  form; and

2-39    (c) Two hundred fifty dollars, if it is the third or subsequent

2-40  occurrence in which the registered owner failed to have insurance on the

2-41  date specified in the form,

2-42  which must be deposited in the account for verification of insurance which

2-43  is hereby created in the state highway fund. Money in the account must be

2-44  used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

2-45    7.  To reinstate the registration of a motor vehicle suspended

2-46  pursuant to NRS 485.317 for a registered owner of a dormant vehicle

2-47  who canceled the insurance coverage for that vehicle or allowed the

2-48  insurance coverage for that vehicle to expire without first canceling the

2-49  registration for the vehicle in accordance with subsection 3 of NRS

3-1  485.320, a reinstatement fee of $50, which must be deposited in the

3-2  account for verification of insurance.

3-3    8.  For every travel trailer, a fee for registration of $27.

3-4    [8.] 9. For every permit for the operation of a golf cart, an annual fee

3-5  of $10.

3-6    [9.] 10. For every low-speed vehicle, as that term is defined in NRS

3-7  484.527, a fee for registration of $33.

3-8    [10.] 11. To reinstate the registration of a motor vehicle that is

3-9  suspended pursuant to NRS 482.451, a fee of $33.

3-10    Sec. 3.  NRS 485.317 is hereby amended to read as follows:

3-11    485.317  1.  The department shall, at least monthly, compare the

3-12  current registrations of motor vehicles to the information in the database

3-13  created pursuant to NRS 485.313 to verify that each motor vehicle:

3-14    (a) Which is newly registered in this state; or

3-15    (b) For which a policy of liability insurance has been issued, amended

3-16  or terminated,

3-17  is covered by a policy of liability insurance as required by NRS 485.185. In

3-18  identifying a motor vehicle for verification pursuant to this subsection, the

3-19  department shall, if the motor vehicle was manufactured during or after

3-20  1981, use only the vehicle identification number, in whole or in part.

3-21    2.  The department shall send a form for verification by first-class mail

3-22  to each registered owner that it determines has not maintained the

3-23  insurance required by NRS 485.185. The owner shall complete the form

3-24  with all the information which is requested by the department, including

3-25  whether he carries an owner’s or operator’s policy of liability insurance or

3-26  a certificate of self-insurance, and return the completed form within 20

3-27  days after the date on which the form was mailed by the department. If the

3-28  department does not receive the completed form within 20 days after it

3-29  mailed the form to the owner, the department shall send to the owner a

3-30  second form for verification by certified mail. The owner shall complete

3-31  the form and return it to the department within 15 days after the date on

3-32  which it was sent by the department. This subsection does not prohibit an

3-33  authorized agent of the owner from providing to the department:

3-34    (a) The information requested by the department pursuant to this

3-35  subsection.

3-36    (b) Additional information to amend or correct information already

3-37  submitted to the department pursuant to this subsection.

3-38    3.  When the department receives a completed form for verification it

3-39  shall verify the information on the form.

3-40    4.  The department shall suspend the registration and require the return

3-41  to the department of the license plates of any vehicle for which:

3-42    (a) Neither of the forms for verification set forth in subsection 2 is

3-43  returned to the department by the registered owner or his authorized agent

3-44  within the period specified in that subsection;

3-45    (b) Either of the forms for verification set forth in subsection 2 is

3-46  returned to the department by the registered owner or his authorized agent

3-47  and the department is not able to verify the information on the form; or

3-48    (c) Either of the forms for verification set forth in subsection 2 is

3-49  returned by the registered owner or his authorized agent with an admission

4-1  of having no insurance or without indicating an insurer or the number of a

4-2  motor vehicle liability policy or a certificate of self-insurance.

4-3    5.  If the department suspends a registration pursuant to subsection 4

4-4  because:

4-5    (a) Neither the owner nor his authorized agent returned a form for

4-6  verification within the specified period or the owner or his authorized agent

4-7  returned a form for verification that was not completed sufficiently, and the

4-8  owner or his authorized agent, thereafter:

4-9       (1) Proves to the satisfaction of the department that there was a

4-10  justifiable cause for his failure to do so;

4-11      (2) Submits a completed form regarding his insurance on the date

4-12  stated in the form mailed by the department pursuant to subsection 2; and

4-13      (3) Presents evidence of current insurance; or

4-14    (b) The owner or his authorized agent submitted to the department a

4-15  form for verification containing information that the department was

4-16  unable to verify and, thereafter, the owner or his authorized agent presents

4-17  to the department:

4-18      (1) A corrected form or otherwise verifiable evidence setting forth

4-19  that the owner possessed insurance on the date stated in the form; and

4-20      (2) Evidence of current insurance,

4-21  the department shall rescind its suspension of the registration if it is able to

4-22  verify the information on the form or the other evidence presented. The

4-23  department shall not charge a fee to reinstate a registration, the suspension

4-24  of which was rescinded pursuant to this subsection. For the purposes of this

4-25  subsection, “justifiable cause” may include, but is not limited to, the fact

4-26  that the owner did not receive the form mailed by the department pursuant

4-27  to subsection 2.

4-28    6.  Except as otherwise provided in subsection 7, if a registered owner

4-29  whose registration is suspended pursuant to subsection 4, failed to have

4-30  insurance on the date specified in the form for verification, the department

4-31  shall reinstate the registration of the vehicle and reissue the license plates

4-32  only upon filing by the registered owner of evidence of current insurance

4-33  and payment of the fee for reinstatement of registration prescribed in

4-34  [paragraph (a) of] subsection 6 of NRS 482.480.

4-35    7.  If a registered owner proves to the satisfaction of the department

4-36  that his vehicle was a dormant vehicle during the period in which the

4-37  information provided pursuant to NRS 485.314 indicated that there was no

4-38  insurance for the vehicle, the department shall reinstate his registration and,

4-39  if applicable, reissue his license plates. If such an owner of a dormant

4-40  vehicle failed to cancel the registration for the vehicle in accordance with

4-41  subsection 3 of NRS 485.320, the department shall not reinstate his

4-42  registration or reissue his license plates unless the owner pays the fee set

4-43  forth in [paragraph (b) of subsection 6] subsection 7 of NRS 482.480.

4-44    8.  For the purposes of verification of insurance by the department

4-45  pursuant to this section, a registered owner shall not be deemed to have

4-46  failed to maintain liability insurance for a motor vehicle unless the vehicle

4-47  is without coverage for a period of more than 7 days.

4-48    Sec. 4.  The amendatory provisions of this act do not apply to conduct

4-49  that occurred before July 1, 2001.

5-1    Sec. 5.  This act becomes effective on July 1, 2001.

 

5-2  H