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

 

CHAPTER..........

 

AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to reinstate the registration of a motor vehicle that was suspended for lack of insurance under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 482.480 is hereby amended to read as follows:

   482.480  There must be paid to the department for the registration or

 the transfer or reinstatement of the registration of motor vehicles, trailers

 and semitrailers, fees according to the following schedule:

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

 passenger car and each reconstructed or specially constructed passenger

 car registered to a person, regardless of weight or number of passenger

 capacity, a fee for registration of $33.

   2.  Except as otherwise provided in subsection 3:

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

 for registration of $16.50.

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

 fee for registration of $12.

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

 for registration of $8.

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

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

 the time of registration the registrations of all of the cars registered to him.

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

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

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

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

 credit to the account for the program for the education of motorcycle

 riders.

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

 fees.

   6.  [To] Except as otherwise provided in subsection 8 of NRS 485.317,

 to reinstate the registration of a motor vehicle suspended pursuant to [NRS

 485.317:] that section:

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

 the date specified in the form for verification that was mailed by the

 department pursuant to subsection 2 of NRS 485.317; or

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

 canceled the insurance coverage for that vehicle or allowed the

insurance coverage for that vehicle to expire without first canceling

the registration for the vehicle in accordance with subsection 3 of

NRS 485.320,

both of which must be deposited in the account for verification of

 insurance which is hereby created in the state highway fund. [Money] The

 money in the account must be used to carry out the provisions of NRS

 485.313 to 485.318, inclusive.


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

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

 $10.

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

 484.527, a fee for registration of $33.

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

 pursuant to NRS 482.451, a fee of $33.

   Sec. 2.  NRS 485.317 is hereby amended to read as follows:

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

 current registrations of motor vehicles to the information in the database

 created pursuant to NRS 485.313 to verify that each motor vehicle:

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

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

 or terminated,

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

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

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

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

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

 to each registered owner that it determines has not maintained the

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

 with all the information which is requested by the department, including

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

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

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

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

 mailed the form to the owner, the department shall send to the owner a

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

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

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

 authorized agent of the owner from providing to the department:

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

 subsection.

   (b) Additional information to amend or correct information already

 submitted to the department pursuant to this subsection.

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

 shall verify the information on the form.

   4.  The department shall suspend the registration and require the return

 to the department of the license plates of any vehicle for which:

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

 returned to the department by the registered owner or his authorized agent

 within the period specified in that subsection;

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

 returned to the department by the registered owner or his authorized agent

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

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

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

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

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


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

because:

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

 verification within the specified period or the owner or his authorized

 agent returned a form for verification that was not completed sufficiently,

 and the owner or his authorized agent, thereafter:

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

 justifiable cause for his failure to do so;

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

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

     (3) Presents evidence of current insurance; or

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

 form for verification containing information that the department was

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

 to the department:

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

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

     (2) Evidence of current insurance,

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

 verify the information on the form or the other evidence presented. The

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

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

 this subsection, “justifiable cause” may include, but is not limited to, the

 fact that the owner did not receive the form mailed by the department

 pursuant to subsection 2.

   6.  Except as otherwise provided in [subsection 7,] subsections 7 and 8,

 if a registered owner whose registration is suspended pursuant to

 subsection 4, failed to have insurance on the date specified in the form for

 verification, the department shall reinstate the registration of the vehicle

 and reissue the license plates only upon filing by the registered owner of

 evidence of current insurance and payment of the fee for reinstatement of

 registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.

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

 that his vehicle was a dormant vehicle during the period in which the

 information provided pursuant to NRS 485.314 indicated that there was no

 insurance for the vehicle, the department shall reinstate his registration

 and, if applicable, reissue his license plates. If such an owner of a dormant

 vehicle failed to cancel the registration for the vehicle in accordance with

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

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

 forth in paragraph (b) of subsection 6 of NRS 482.480.

   8.  If the department suspends the registration of a motor vehicle

 pursuant to subsection 4 because the registered owner of the motor

 vehicle failed to have insurance on the date specified in the form for

 verification, and if the registered owner, in accordance with regulations

 adopted by the department, proves to the satisfaction of the department

 that he was unable to comply with the provisions of NRS 485.185 on that

 date because of extenuating circumstances, the department may:

   (a) Reinstate the registration of the motor vehicle and reissue the

 license plates upon payment by the registered owner of a fee of $50,


which must be deposited in the account for verification of insurance

created by subsection 6 of NRS 482.480; or

   (b) Rescind the suspension of the registration without the payment of

 a fee.

The department shall adopt regulations to carry out the provisions of this

 subsection.

   9.  For the purposes of verification of insurance by the department

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

 failed to maintain liability insurance for a motor vehicle unless the vehicle

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

   Sec. 3.  The amendatory provisions of this act do not apply to conduct

 that occurred before July 1, 2001.

   Sec. 4.  This act becomes effective on July 1, 2001.

 

20~~~~~01