REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 1, 3)       

        (REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 643–Committee on Transportation

 

March 26, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Provides for issuance of special license plates for antique trucks and truck-tractors and authorizes owner or operator of motor vehicle displaying special license plates for disabled veteran to park in space designated for handicapped persons under certain circumstances. (BDR 43‑1019)

 

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; providing for the issuance of special license plates for antique trucks and truck-tractors; authorizing under certain circumstances the owner or operator of a motor vehicle displaying special license plates for a disabled veteran to park in a parking space designated for handicapped 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. Chapter 482 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  Except as otherwise provided in this subsection, the department

1-4  may design, prepare and issue special license plates and registration

1-5  certificates to residents of Nevada for an antique truck or truck-tractor

1-6  pursuant to this section. The department shall not design, prepare or

1-7  issue the license plates unless it receives at least 250 applications for the

1-8  issuance of those plates. Except as otherwise provided in subsection 3,

1-9  the antique truck or truck-tractor must not be used for general

1-10  transportation, but may be used for antique truck shows, exhibitions,

1-11  parades or similar activities.

1-12    2.  In lieu of the annual registration and fees required by this

1-13  chapter, and of the governmental services tax imposed by chapter 371 of

1-14  NRS, the owner of an antique truck or truck-tractor may submit:

1-15    (a) An affidavit to the department indicating that the antique truck or

1-16  truck-tractor:

1-17      (1) Will be used only for the purposes enumerated in subsection 1;

1-18      (2) Has been inspected and found safe to be operated on the

1-19  highways of this state;

2-1       (3) Will be at least 25 years old on the date on which the owner of

2-2  the antique truck or truck-tractor applies for license plates pursuant to

2-3  this section; and

2-4       (4) Has a manufacturer’s rated carrying capacity of more than 1

2-5  ton.

2-6    (b) The following fees for the issuance of license plates pursuant to

2-7  this section:

2-8       (1) For the first issuance$15

2-9       (2) For a renewal sticker....... 5

2-10    3.  If the owner elects to use the antique truck or truck-tractor as

2-11  general transportation, he shall pay the regular annual registration and

2-12  fees prescribed by law and the governmental services tax imposed by

2-13  chapter 371 of NRS.

2-14    4.  License plates issued pursuant to this section must bear the

2-15  inscription “Antique Truck,” and the plates must be numbered

2-16  consecutively.

2-17    5.  The cost of the die and the modifications necessary for the

2-18  issuance of a license plate pursuant to this section must be paid from

2-19  private sources without any expense to the State of Nevada.

2-20    6.  If, during a registration year, the holder of license plates issued

2-21  pursuant to the provisions of this section disposes of the vehicle to which

2-22  the plates are affixed, the holder shall:

2-23    (a) Retain the plates and affix them to another vehicle that meets the

2-24  requirements of this section if the transfer and registration fees are paid

2-25  as set out in this chapter; or

2-26    (b) Within 30 days after removing the plates from the vehicle, return

2-27  them to the department.

2-28    Sec. 2.  NRS 482.216 is hereby amended to read as follows:

2-29    482.216  1.  Upon the request of a new vehicle dealer, the department

2-30  may authorize the new vehicle dealer to:

2-31    (a) Accept applications for the registration of the new motor vehicles he

2-32  sells and the related fees and taxes;

2-33    (b) Issue certificates of registration to applicants who satisfy the

2-34  requirements of this chapter; and

2-35    (c) Accept applications for the transfer of registration pursuant to NRS

2-36  482.399 if the applicant purchased from the new vehicle dealer a new

2-37  vehicle to which the registration is to be transferred.

2-38    2.  A new vehicle dealer who is authorized to issue certificates of

2-39  registration pursuant to subsection 1 shall:

2-40    (a) Transmit the applications he receives to the department within the

2-41  period prescribed by the department;

2-42    (b) Transmit the fees he collects from the applicants and properly

2-43  account for them within the period prescribed by the department;

2-44    (c) Comply with the regulations adopted pursuant to subsection 4; and

2-45    (d) Bear any cost of equipment which is necessary to issue certificates

2-46  of registration, including any computer hardware or software.

2-47    3.  A new vehicle dealer who is authorized to issue certificates of

2-48  registration pursuant to subsection 1 shall not:

2-49    (a) Charge any additional fee for the performance of those services;

3-1    (b) Receive compensation from the department for the performance of

3-2  those services;

3-3    (c) Accept applications for the renewal of registration of a motor

3-4  vehicle; or

3-5    (d) Accept an application for the registration of a motor vehicle if the

3-6  applicant wishes to:

3-7       (1) Obtain special license plates pursuant to NRS 482.3667 to

3-8  482.3825, inclusive, and section 1 of Senate Bill No. 77 of this session

3-9  and section 1 of Senate Bill No. 414 of this [act;] session and section 1 of

3-10  this act; or

3-11      (2) Claim the exemption from the governmental services tax provided

3-12  pursuant to NRS 361.1565 to veterans and their relations.

3-13    4.  The director shall adopt such regulations as are necessary to carry

3-14  out the provisions of this section. The regulations adopted pursuant to this

3-15  subsection must provide for:

3-16    (a) The expedient and secure issuance of license plates and decals by

3-17  the department; and

3-18    (b) The withdrawal of the authority granted to a new vehicle dealer

3-19  pursuant to subsection 1 if that dealer fails to comply with the regulations

3-20  adopted by the department.

3-21    Sec. 3.  NRS 482.500 is hereby amended to read as follows:

3-22    482.500  1.  Except as otherwise provided in subsection 2 or 3,

3-23  whenever upon application any duplicate or substitute certificate of

3-24  registration, decal or number plate is issued, the following fees must be

3-25  paid:

 

3-26  For a certificate of registration... $5.00

3-27  For every substitute number plate or set of plates....... 5.00

3-28  For every duplicate number plate or set of plates..... 10.00

3-29  For every decal displaying a county name  .50

3-30  For every other decal, license plate sticker or tab.. 5.00

 

3-31    2.  The following fees must be paid for any replacement plate or set of

3-32  plates issued for the following special license plates:

3-33    (a) For any special plate issued pursuant to NRS 482.3667, 482.3672,

3-34  482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816,

3-35  inclusive, and section 1 of Senate Bill No. 77 of this session and section 1

3-36  of Senate Bill No. 414 of this [act,] session, and section 1 of this act, a fee

3-37  of $10.

3-38    (b) For any special plate issued pursuant to NRS 482.368, 482.3765,

3-39  482.377 or 482.378, a fee of $5.

3-40    (c) Except as otherwise provided in section 1 of Senate Bill No. 77 of

3-41  this [act,] session, for any souvenir license plate issued pursuant to NRS

3-42  482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee

3-43  equal to that established by the director for the issuance of those plates.

3-44    3.  A fee must not be charged for a duplicate or substitute of a decal

3-45  issued pursuant to NRS 482.37635.

3-46    4.  The fees which are paid for duplicate number plates and decals

3-47  displaying county names must be deposited with the state treasurer for

4-1  credit to the motor vehicle fund and allocated to the department to defray

4-2  the costs of duplicating the plates and manufacturing the decals.

4-3    5.  As used in this section:

4-4    (a) “Duplicate number plate” means a license plate or a set of license

4-5  plates issued to a registered owner which repeat the code of a plate or set of

4-6  plates previously issued to the owner to maintain his registration using the

4-7  same code.

4-8    (b) “Substitute number plate” means a license plate or a set of license

4-9  plates issued in place of a previously issued and unexpired plate or set of

4-10  plates. The plate or set of plates does not repeat the code of the previously

4-11  issued plate or set.

4-12    Sec. 4.  NRS 484.407 is hereby amended to read as follows:

4-13    484.407  1.  Except as otherwise provided in subsection [2,] 3, an

4-14  owner or operator of a motor vehicle displaying a special parking placard,

4-15  a special parking sticker, a temporary parking placard, a temporary parking

4-16  sticker or special plates issued pursuant to NRS 482.384, or special plates

4-17  for a disabled veteran issued pursuant to NRS 482.377, may park the motor

4-18  vehicle for not more than 4 hours at any one time in a parking zone

4-19  restricted as to the length of time parking is permitted, without penalty,

4-20  removal or impoundment of the vehicle if the parking is otherwise

4-21  consistent with public safety and is done by a person with a disability

4-22  which limits or impairs the ability to walk, a disabled veteran or a person

4-23  transporting such a person.

4-24    2.  An owner or operator of a motor vehicle displaying special plates

4-25  for a disabled veteran issued pursuant to NRS 482.377 may, without

4-26  displaying a special license plate, placard or sticker issued pursuant to

4-27  NRS 482.384, park in a parking space designated for the handicapped if:

4-28    (a) The parking is done by a disabled veteran; or

4-29    (b) A disabled veteran is a passenger in the motor vehicle being

4-30  parked.

4-31    3.  This section does not authorize the parking of a motor vehicle in any

4-32  privately or municipally owned facility for parking off the highway without

4-33  paying the required fee for the time during which the vehicle is so parked.

4-34    Sec. 5.  NRS 484.408 is hereby amended to read as follows:

4-35    484.408  1.  Any parking space designated for the handicapped must

4-36  be indicated by a sign:

4-37    (a) Bearing the international symbol of access with or without the words

4-38  “Parking,” “Handicapped Parking,” “Handicapped Parking Only,” or

4-39  “Reserved for the Handicapped,” or any other word or combination of

4-40  words indicating that the space is designated for the handicapped;

4-41    (b) Stating “Minimum fine of $100 for use by others” or equivalent

4-42  words; and

4-43    (c) The bottom of which must be not less than 4 feet above the ground.

4-44    2.  In addition to the requirements of subsection 1, a parking space

4-45  designated for the handicapped which:

4-46    (a) Is designed for the exclusive use of a vehicle with a side-loading

4-47  wheelchair lift; and

4-48    (b) Is located in a parking lot with 60 or more parking

4-49  spaces,

5-1  must be indicated by a sign using a combination of words to state that the

5-2  space is for the exclusive use of a vehicle with a side-loading wheelchair

5-3  lift.

5-4    3.  If a parking space is designed for the use of a vehicle with a side-

5-5  loading wheelchair lift, the space which is immediately adjacent and

5-6  intended for use in the loading and unloading of a wheelchair into or out of

5-7  such a vehicle must be indicated by a sign:

5-8    (a) Stating “No Parking” or similar words which indicate that parking in

5-9  such a space is prohibited;

5-10    (b) Stating “Minimum fine of $100 for violation” or similar words

5-11  indicating that the minimum fine for parking in such a space is $100; and

5-12    (c) The bottom of which must not be less than 4 feet above the ground.

5-13    4.  An owner of private property upon which is located a parking space

5-14  described in subsection 1, 2 or 3 shall erect and maintain or cause to be

5-15  erected and maintained any sign required pursuant to subsection 1, 2 or 3,

5-16  whichever is applicable. If a parking space described in subsection 1, 2 or 3

5-17  is located on public property, the governmental entity having control over

5-18  that public property shall erect and maintain or cause to be erected and

5-19  maintained any sign required pursuant to subsection 1, 2 or 3, whichever is

5-20  applicable.

5-21    5.  A person shall not park a vehicle in a space designated for the

5-22  handicapped by a sign that meets the requirements of subsection 1, whether

5-23  on public or privately owned property, unless he is eligible to do so and the

5-24  vehicle displays:

5-25    (a) Special license plates issued pursuant to NRS 482.384;

5-26    (b) A special or temporary parking placard issued pursuant to NRS

5-27  482.384;

5-28    (c) A special or temporary parking sticker issued pursuant to NRS

5-29  482.384;

5-30    (d) Special license plates, a special or temporary parking sticker, or a

5-31  special or temporary parking placard displaying the international symbol of

5-32  access issued by another state or a foreign country; or

5-33    (e) Special license plates for a disabled veteran [and a special parking

5-34  placard]issued pursuant to NRS [482.384.] 482.377.

5-35    6.  Except as otherwise provided in this subsection, a person shall not

5-36  park a vehicle in a space that is reserved for the exclusive use of a vehicle

5-37  with a side-loading wheelchair lift and is designated for the handicapped

5-38  by a sign that meets the requirements of subsection 2, whether on public or

5-39  privately owned property, unless:

5-40    (a) He is eligible to do so;

5-41    (b) The vehicle displays the special license plates or placard set forth in

5-42  subsection 5; and

5-43    (c) The vehicle is equipped with a side-loading wheelchair lift.

5-44  A person who meets the requirements of paragraphs (a) and (b) may park a

5-45  vehicle that is not equipped with a side-loading wheelchair lift in such a

5-46  parking space if the space is in a parking lot with fewer than 60 parking

5-47  spaces.

5-48    7.  A person shall not park in a space which:

6-1    (a) Is immediately adjacent to a space designed for use by a vehicle

6-2  with a side-loading wheelchair lift; and

6-3    (b) Is designated as a space in which parking is prohibited by a sign that

6-4  meets the requirements of subsection 3,

6-5  whether on public or privately owned property.

6-6    8.  A person shall not use a plate, sticker or placard set forth in

6-7  subsection 5 to park in a space designated for the handicapped unless he is

6-8  a person with a disability which limits or impairs the ability to walk, a

6-9  disabled veteran or the driver of a vehicle in which such a person is a

6-10  passenger.

6-11    9.  A person who violates any of the provisions of subsections 5 to 8,

6-12  inclusive, [of this section] is guilty of a misdemeanor and shall be

6-13  punished:

6-14    (a) Upon the first offense, by a fine of $100.

6-15    (b) Upon the second offense, by a fine of $250 and not less than 8

6-16  hours, but not more than 50 hours, of community service.

6-17    (c) Upon the third or subsequent offense, by a fine of not less than $500,

6-18  but not more than $1,000 and not less than 25 hours, but not more than 100

6-19  hours, of community service.

6-20    Sec. 6.  On or before October 1, 2005, the department of motor

6-21  vehicles and public safety shall determine and publicly declare the number

6-22  of applications that it has received for the issuance of license plates

6-23  pursuant to the provisions of section 1 of this act.

6-24    Sec. 7.  The amendatory provisions of sections 1, 2 and 3 of this act

6-25  expire by limitation on October 1, 2005, if on that date the department of

6-26  motor vehicles and public safety has received fewer than 250 applications

6-27  for the issuance of license plates pursuant to the provisions of section 1 of

6-28  this act.

6-29    Sec. 8.  The amendatory provisions of sections 4 and 5 of this act do

6-30  not apply to the parking of a motor vehicle that occurred before July 1,

6-31  2001.

6-32    Sec. 9.  1.  This section and sections 4, 5 and 8 of this act become

6-33  effective on July 1, 2001.

6-34    2.  Sections 1, 6 and 7 of this act become effective on October 1, 2001.

6-35    3.  Sections 2 and 3 of this act become effective at 12:01 a.m. on

6-36  October 1, 2001.

 

6-37  H