A.B. 640
Assembly Bill No. 640–Committee on Transportation
March 26, 2001
____________
Referred to Committee on Transportation
SUMMARY—Authorizes director of department of motor vehicles and public safety to contract with agent to perform certain duties of department. (BDR 43‑1017)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to motor vehicles; authorizes the director of the department of motor vehicles and public safety to contract with an agent to create and operate a system for verifying that the owners of motor vehicles maintain certain insurance; authorizing the director of the department of motor vehicles and public safety to adopt regulations for certain purposes; 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.
2-1 4. For every motorcycle, a fee for registration of $33 and for each
2-2 motorcycle other than a trimobile, an additional fee of $6 for motorcycle
2-3 safety. The additional fee must be deposited in the state highway fund for
2-4 credit to the account for the program for the education of motorcycle
2-5 riders.
2-6 5. For each transfer of registration, a fee of $6 in addition to any other
2-7 fees.
2-8 6. To reinstate the registration of a motor vehicle suspended pursuant
2-9 to NRS 485.317:
2-10 (a) A fee of $250 for a registered owner who failed to have insurance on
2-11 the date specified in the form for verification that was mailed by the
2-12 department or an agent of the department pursuant to subsection 2 of NRS
2-13 485.317; or
2-14 (b) A fee of $50 for a registered owner of a dormant vehicle who
2-15 canceled the insurance coverage for that vehicle or allowed the insurance
2-16 coverage for that vehicle to expire without first canceling the registration
2-17 for the vehicle in accordance with subsection 3 of NRS 485.320,
2-18 both of which must be deposited in the account for verification of
2-19 insurance which is hereby created in the state highway fund. Money in the
2-20 account must be used to carry out the provisions of NRS 485.313 to
2-21 485.318, inclusive.
2-22 7. For every travel trailer, a fee for registration of $27.
2-23 8. For every permit for the
operation of a golf cart, an annual fee
of $10.
2-24 9. For every low-speed vehicle, as that term is defined in NRS
2-25 484.527, a fee for registration of $33.
2-26 10. To reinstate the registration of a motor vehicle that is suspended
2-27 pursuant to NRS 482.451, a fee of $33.
2-28 Sec. 2. Chapter 485 of NRS is hereby amended by adding thereto the
2-29 provisions set forth as sections 3 and 4 of this act.
2-30 Sec. 3. As used in section 485.313 to 485.318, inclusive, the term
2-31 “agent of the department” means a person or public agency with whom
2-32 the director enters a contract pursuant to section 4 of this act.
2-33 Sec. 4. 1. The director may contract with a person pursuant to
2-34 chapter 333 of NRS or a public agency pursuant to chapter 277 of NRS
2-35 to assist in carrying out the duties of the department pursuant to NRS
2-36 485.313 to 485.318, inclusive.
2-37 2. The contract with each agent selected by the department pursuant
2-38 to subsection 1 must provide for compensation based upon the
2-39 reasonable value of the services of the agent but must not exceed $1 per
2-40 motor vehicle.
2-41 3. The director may adopt such regulations as he deems appropriate
2-42 to carry out the provisions of NRS 485.313 to 485.318, inclusive.
2-43 Sec. 5. NRS 485.313 is hereby amended to read as follows:
2-44 485.313 1. The department or agent of the department shall create a
2-45 system for verifying that the owners of motor vehicles maintain the
2-46 insurance required by NRS 485.185.
2-47 2. As used in this section, “motor vehicle” does not include:
2-48 (a) A golf cart, as that term is defined in NRS 482.044.
3-1 (b) A motortruck, truck tractor, bus or other vehicle that is registered
3-2 pursuant to paragraph (e) of subsection 1 of NRS 482.482 or NRS 706.801
3-3 to 706.861, inclusive.
3-4 Sec. 6. NRS 485.314 is hereby amended to read as follows:
3-5 485.314 1. [On] At least once each month, on or before the 15th
3-6 calendar day of each month, or at more frequent intervals as the
3-7 department may determine is necessary, each insurer that has executed a
3-8 contract of insurance for a motor vehicle liability policy which may be
3-9 used to meet the requirements of NRS 485.185 shall provide the
3-10 department or agent of the department, as appropriate, with a record of
3-11 each such policy issued, amended or terminated in the previous month on
3-12 the date the record is provided. The record must include:
3-13 (a) The name or identification number of each insured named in the
3-14 policy of insurance;
3-15 (b) The make, year and vehicle identification number of each motor
3-16 vehicle included in the policy of insurance;
3-17 (c) The number, effective date and expiration date of the policy of
3-18 insurance; and
3-19 (d) Any other information required by the department[.] or agent of the
3-20 department.
3-21 2. The record provided pursuant to subsection 1 must be submitted in a
3-22 form approved by the department and may include, without limitation,
3-23 magnetic tape or any other electronic medium deemed acceptable by the
3-24 department.
3-25 3. The department shall notify the commissioner of insurance if an
3-26 insurer:
3-27 (a) Fails to comply with subsection 1 or 2; or
3-28 (b) In complying with subsection 1 or 2, provides to the department or
3-29 agent of the department information that is false, incomplete or
3-30 misleading.
3-31 Sec. 7. NRS 485.316 is hereby amended to read as follows:
3-32 485.316 1. Except as otherwise provided in subsections 2 and 3,
3-33 information which is maintained in the database created pursuant to NRS
3-34 485.313 is confidential.
3-35 2. The department may only disclose information which is maintained
3-36 in the database, upon request, to a state or local governmental agency for
3-37 the purpose of enforcing NRS 485.185, including investigating or litigating
3-38 a violation or alleged violation.
3-39 3. The department may only disclose information retrieved from the
3-40 database to:
3-41 (a) A person who requests information regarding his own status;
3-42 (b) The parent or legal guardian of the person about whom the
3-43 information is requested if the person is an unemancipated minor or legally
3-44 incapacitated;
3-45 (c) A person who has a power of attorney from the person about whom
3-46 the information is requested;
3-47 (d) A person who submits a notarized release from the person about
3-48 whom the information is requested which is dated no more than 90 days
3-49 before the date of the request; or
4-1 (e) A person who has suffered a loss or injury in an accident involving a
4-2 motor vehicle who requests information for use in the accident report.
4-3 4. A person who knowingly violates the provisions of this section is
4-4 guilty of a category D felony and shall be punished as provided in NRS
4-5 193.130.
4-6 5. The department shall not delegate the duties of the department
4-7 prescribed in this section to an agent of the department.
4-8 Sec. 8. NRS 485.317 is hereby amended to read as follows:
4-9 485.317 1. The department or agent of the department shall, at least
4-10 monthly, compare the current registrations of motor vehicles to the
4-11 information in the database created pursuant to NRS 485.313 to verify that
4-12 each motor vehicle:
4-13 (a) Which is newly registered in this state; or
4-14 (b) For which a policy of liability insurance has been issued, amended
4-15 or terminated,
4-16 is covered by a policy of liability insurance as required by NRS 485.185. In
4-17 identifying a motor vehicle for verification pursuant to this subsection, the
4-18 department [shall, if the motor vehicle was manufactured during or after
4-19 1981, use only] or an agent of the department may use the vehicle
4-20 identification number, the name of the insured, the make, year or model
4-21 of the vehicle, the employee identification information required pursuant
4-22 to 26 C.F.R. Part 31, the number of the policy of insurance, or any
4-23 combination thereof, in whole or in part.
4-24 2. The department or agent of the department shall send a form for
4-25 verification by first-class mail to each registered owner that it determines
4-26 has not maintained the insurance required by NRS 485.185. The owner
4-27 shall complete the form with all the information which is requested by the
4-28 department[,] or agent of the department, including whether he carries an
4-29 owner’s or operator’s policy of liability insurance or a certificate of self-
4-30 insurance, and return the completed form within 20 days after the date on
4-31 which the form was mailed by the department[.] or agent of the
4-32 department. If the department or agent of the department does not receive
4-33 the completed form within 20 days after it mailed the form to the owner,
4-34 the department or agent of the department shall send to the owner a
4-35 second form for verification by certified mail. The owner shall complete
4-36 the form and return it to the department or agent of the department within
4-37 15 days after the date on which it was sent by the department[.] or agent
4-38 of the department. This subsection does not prohibit an authorized agent of
4-39 the owner from providing to the department[:] or agent of the department:
4-40 (a) The information requested by the department or agent of the
4-41 department pursuant to this subsection.
4-42 (b) Additional information to amend or correct information already
4-43 submitted to the department or agent of the department pursuant to this
4-44 subsection.
4-45 3. When the department or agent of the department receives a
4-46 completed form for verification it shall verify the information on the form.
4-47 4. The department shall suspend the registration and require the return
4-48 to the department of the license plates of any vehicle for which:
5-1 (a) Neither of the forms for verification set forth in subsection 2 is
5-2 returned to the department or agent of the department by the registered
5-3 owner or his authorized agent within the period specified in that
5-4 subsection;
5-5 (b) Either of the forms for verification set forth in subsection 2 is
5-6 returned to the department or agent of the department by the registered
5-7 owner or his authorized agent and the department and agent of the
5-8 department is not able to verify the information on the form; or
5-9 (c) Either of the forms for verification set forth in subsection 2 is
5-10 returned by the registered owner or his authorized agent with an admission
5-11 of having no insurance or without indicating an insurer or the number of a
5-12 motor vehicle liability policy or a certificate of self-insurance.
5-13 5. If the department suspends a registration pursuant to subsection 4
5-14 because:
5-15 (a) Neither the owner nor his authorized agent returned a form for
5-16 verification within the specified period or the owner or his authorized agent
5-17 returned a form for verification that was not completed sufficiently, and the
5-18 owner or his authorized agent, thereafter:
5-19 (1) Proves to the satisfaction of the department or agent of the
5-20 department, as appropriate, that there was a justifiable cause for his failure
5-21 to do so;
5-22 (2) Submits a completed form regarding his insurance on the date
5-23 stated in the form mailed by the department or agent of the department
5-24 pursuant to subsection 2; and
5-25 (3) Presents evidence of current insurance; or
5-26 (b) The owner or his authorized agent submitted to the department or
5-27 agent of the department a form for verification containing information that
5-28 the department was unable to verify and, thereafter, the owner or his
5-29 authorized agent presents to the department[:] or agent of the department:
5-30 (1) A corrected form or otherwise verifiable evidence setting forth
5-31 that the owner possessed insurance on the date stated in the form; and
5-32 (2) Evidence of current insurance,
5-33 the department shall rescind its suspension of the registration if it is able to
5-34 verify the information on the form or the other evidence presented. The
5-35 department shall not charge a fee to reinstate a registration, the suspension
5-36 of which was rescinded pursuant to this subsection. For the purposes of this
5-37 subsection, “justifiable cause” may include, but is not limited to, the fact
5-38 that the owner did not receive the form mailed by the department or agent
5-39 of the department pursuant to subsection 2.
5-40 6. Except as otherwise provided in subsection 7, if a registered owner
5-41 whose registration is suspended pursuant to subsection 4, failed to have
5-42 insurance on the date specified in the form for verification, the department
5-43 shall reinstate the registration of the vehicle and reissue the license plates
5-44 only upon filing by the registered owner of evidence of current insurance
5-45 and payment of the fee for reinstatement of registration prescribed in
5-46 paragraph (a) of subsection 6 of NRS 482.480.
5-47 7. If a registered owner proves to the satisfaction of the department
5-48 that his vehicle was a dormant vehicle during the period in which the
5-49 information provided pursuant to NRS 485.314 indicated that there was no
6-1 insurance for the vehicle, the department shall reinstate his registration and,
6-2 if applicable, reissue his license plates. If such an owner of a dormant
6-3 vehicle failed to cancel the registration for the vehicle in accordance with
6-4 subsection 3 of NRS 485.320, the department shall not reinstate his
6-5 registration or reissue his license plates unless the owner pays the fee set
6-6 forth in paragraph (b) of subsection 6 of NRS 482.480.
6-7 8. For the purposes of verification of insurance by the department or
6-8 an agent of the department pursuant to this section, a registered owner
6-9 shall not be deemed to have failed to maintain liability insurance for a
6-10 motor vehicle unless the vehicle is without coverage for a period of more
6-11 than 7 days.
6-12 Sec. 9. NRS 485.318 is hereby amended to read as follows:
6-13 485.318 An insurer, its agents, the department and its employees and
6-14 agents of the department who act pursuant to NRS 485.313 to 485.318,
6-15 inclusive, and sections 3 and 4 of this act, in good faith and without gross
6-16 negligence are immune from civil liability for those acts.
6-17 H