REQUIRES TWO THIRDS MAJORITY VOTE (§ 2)                 

                                            (REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

March 19, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions governing 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.

 

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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; 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:

 

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

1-2    482.480  There must be paid to the department for the registration or

1-3  the transfer or reinstatement of the registration of motor vehicles, trailers

1-4  and semitrailers, fees according to the following schedule:

1-5    1.  Except as otherwise provided in this section, for each stock

1-6  passenger car and each reconstructed or specially constructed passenger car

1-7  registered to a person, regardless of weight or number of passenger

1-8  capacity, a fee for registration of $33.

1-9    2.  Except as otherwise provided in subsection 3:

1-10    (a) For each of the fifth and sixth such cars registered to a person, a fee

1-11  for registration of $16.50.

1-12    (b) For each of the seventh and eighth such cars registered to a person, a

1-13  fee for registration of $12.

1-14    (c) For each of the ninth or more such cars registered to a person, a fee

1-15  for registration of $8.

1-16    3.  The fees specified in subsection 2 do not apply:

1-17    (a) Unless the person registering the cars presents to the department at

1-18  the time of registration the registrations of all of the cars registered to him.

1-19    (b) To cars that are part of a fleet.

1-20    4.  For every motorcycle, a fee for registration of $33 and for each

1-21  motorcycle other than a trimobile, an additional fee of $6 for motorcycle

1-22  safety. The additional fee must be deposited in the state highway fund for

2-1  credit to the account for the program for the education of motorcycle

2-2  riders.

2-3    5.  For each transfer of registration, a fee of $6 in addition to any other

2-4  fees.

2-5    6.  [To] Except as otherwise provided in subsection 8 of NRS 485.317,

2-6  to reinstate the registration of a motor vehicle suspended pursuant to [NRS

2-7  485.317:] that section:

2-8    (a) A fee of $250 for a registered owner who failed to have insurance on

2-9  the date specified in the form for verification that was mailed by the

2-10  department pursuant to subsection 2 of NRS 485.317; or

2-11    (b) A fee of $50 for a registered owner of a dormant vehicle who

2-12  canceled the insurance coverage for that vehicle or allowed the

2-13  insurance coverage for that vehicle to expire without first canceling

2-14  the registration for the vehicle in accordance with subsection 3 of

2-15  NRS 485.320,

2-16  both of which must be deposited in the account for verification of

2-17  insurance which is hereby created in the state highway fund. [Money] The

2-18  money in the account must be used to carry out the provisions of NRS

2-19  485.313 to 485.318, inclusive.

2-20    7.  For every travel trailer, a fee for registration of $27.

2-21    8.  For every permit for the operation of a golf cart, an annual fee of

2-22  $10.

2-23    9.  For every low-speed vehicle, as that term is defined in NRS

2-24  484.527, a fee for registration of $33.

2-25    10.  To reinstate the registration of a motor vehicle that is suspended

2-26  pursuant to NRS 482.451, a fee of $33.

2-27    Sec. 2.  NRS 485.317 is hereby amended to read as follows:

2-28    485.317  1.  The department shall, at least monthly, compare the

2-29  current registrations of motor vehicles to the information in the database

2-30  created pursuant to NRS 485.313 to verify that each motor vehicle:

2-31    (a) Which is newly registered in this state; or

2-32    (b) For which a policy of liability insurance has been issued, amended

2-33  or terminated,

2-34  is covered by a policy of liability insurance as required by NRS 485.185. In

2-35  identifying a motor vehicle for verification pursuant to this subsection, the

2-36  department shall, if the motor vehicle was manufactured during or after

2-37  1981, use only the vehicle identification number, in whole or in part.

2-38    2.  The department shall send a form for verification by first-class mail

2-39  to each registered owner that it determines has not maintained the

2-40  insurance required by NRS 485.185. The owner shall complete the form

2-41  with all the information which is requested by the department, including

2-42  whether he carries an owner’s or operator’s policy of liability insurance or

2-43  a certificate of self-insurance, and return the completed form within 20

2-44  days after the date on which the form was mailed by the department. If the

2-45  department does not receive the completed form within 20 days after it

2-46  mailed the form to the owner, the department shall send to the owner a

2-47  second form for verification by certified mail. The owner shall complete

2-48  the form and return it to the department within 15 days after the date on

3-1  which it was sent by the department. This subsection does not prohibit an

3-2  authorized agent of the owner from providing to the department:

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

3-4  subsection.

3-5    (b) Additional information to amend or correct information already

3-6  submitted to the department pursuant to this subsection.

3-7    3.  When the department receives a completed form for verification it

3-8  shall verify the information on the form.

3-9    4.  The department shall suspend the registration and require the return

3-10  to the department of the license plates of any vehicle for which:

3-11    (a) Neither of the forms for verification set forth in subsection 2 is

3-12  returned to the department by the registered owner or his authorized agent

3-13  within the period specified in that subsection;

3-14    (b) Either of the forms for verification set forth in subsection 2 is

3-15  returned to the department by the registered owner or his authorized agent

3-16  and the department is not able to verify the information on the form; or

3-17    (c) Either of the forms for verification set forth in subsection 2 is

3-18  returned by the registered owner or his authorized agent with an admission

3-19  of having no insurance or without indicating an insurer or the number of a

3-20  motor vehicle liability policy or a certificate of self-insurance.

3-21    5.  If the department suspends a registration pursuant to subsection 4

3-22  because:

3-23    (a) Neither the owner nor his authorized agent returned a form for

3-24  verification within the specified period or the owner or his authorized agent

3-25  returned a form for verification that was not completed sufficiently, and the

3-26  owner or his authorized agent, thereafter:

3-27      (1) Proves to the satisfaction of the department that there was a

3-28  justifiable cause for his failure to do so;

3-29      (2) Submits a completed form regarding his insurance on the date

3-30  stated in the form mailed by the department pursuant to subsection 2; and

3-31      (3) Presents evidence of current insurance; or

3-32    (b) The owner or his authorized agent submitted to the department a

3-33  form for verification containing information that the department was

3-34  unable to verify and, thereafter, the owner or his authorized agent presents

3-35  to the department:

3-36      (1) A corrected form or otherwise verifiable evidence setting forth

3-37  that the owner possessed insurance on the date stated in the form; and

3-38      (2) Evidence of current insurance,

3-39  the department shall rescind its suspension of the registration if it is able to

3-40  verify the information on the form or the other evidence presented. The

3-41  department shall not charge a fee to reinstate a registration, the suspension

3-42  of which was rescinded pursuant to this subsection. For the purposes of this

3-43  subsection, “justifiable cause” may include, but is not limited to, the fact

3-44  that the owner did not receive the form mailed by the department pursuant

3-45  to subsection 2.

3-46    6.  Except as otherwise provided in [subsection 7,] subsections 7 and 8,

3-47  if a registered owner whose registration is suspended pursuant to

3-48  subsection 4, failed to have insurance on the date specified in the form for

3-49  verification, the department shall reinstate the registration of the vehicle

4-1  and reissue the license plates only upon filing by the registered owner of

4-2  evidence of current insurance and payment of the fee for reinstatement of

4-3  registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.

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

4-5  that his vehicle was a dormant vehicle during the period in which the

4-6  information provided pursuant to NRS 485.314 indicated that there was no

4-7  insurance for the vehicle, the department shall reinstate his registration and,

4-8  if applicable, reissue his license plates. If such an owner of a dormant

4-9  vehicle failed to cancel the registration for the vehicle in accordance with

4-10  subsection 3 of NRS 485.320, the department shall not reinstate his

4-11  registration or reissue his license plates unless the owner pays the fee set

4-12  forth in paragraph (b) of subsection 6 of NRS 482.480.

4-13    8.  If the department suspends the registration of a motor vehicle

4-14  pursuant to subsection 4 because the registered owner of the motor

4-15  vehicle failed to have insurance on the date specified in the form for

4-16  verification, and if the registered owner, in accordance with regulations

4-17  adopted by the department, proves to the satisfaction of the department

4-18  that he was unable to comply with the provisions of NRS 485.185 on that

4-19  date because of extenuating circumstances, the department may:

4-20    (a) Reinstate the registration of the motor vehicle and reissue the

4-21  license plates upon payment by the registered owner of a fee of $50,

4-22  which must be deposited in the account for verification of insurance

4-23  created by subsection 6 of NRS 482.480; or

4-24    (b) Rescind the suspension of the registration without the payment of

4-25  a fee.

4-26  The department shall adopt regulations to carry out the provisions of this

4-27  subsection.

4-28    9.  For the purposes of verification of insurance by the department

4-29  pursuant to this section, a registered owner shall not be deemed to have

4-30  failed to maintain liability insurance for a motor vehicle unless the vehicle

4-31  is without coverage for a period of more than 7 days.

4-32    Sec. 3.  The amendatory provisions of this act do not apply to conduct

4-33  that occurred before July 1, 2001.

4-34    Sec. 4.  This act becomes effective on July 1, 2001.

 

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