Assembly Bill No. 8–Assemblywoman Cegavske
Prefiled January 11, 2001
____________
Referred to Committee on Transportation
SUMMARY—Makes various changes concerning drivers’
licenses issued to persons under 18 years of age. (BDR 43‑6)
FISCAL NOTE: Effect on Local Government: Yes.
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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; establishing provisional drivers’ licenses for persons
who are 16 or 17 years of age; making various changes concerning restricted
licenses for pupils in schools, instruction permits and automobile driver
education in public schools; clarifying certain provisions concerning the
issuance of restricted licenses; providing penalties; 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 483
of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 6,
inclusive, of this act.
1-3 Sec. 2. 1. The department may issue a provisional
license to a
1-4 person who is 16
or 17 years of age if:
1-5 (a) Except as otherwise provided in
subsection 2, he has completed a
1-6 course:
1-7 (1) In automobile driver education pursuant
to NRS 389.090; or
1-8 (2) Provided by a school for training drivers
which is licensed
1-9 pursuant to NRS
483.700 to 483.780, inclusive, and which complies with
1-10 the applicable
regulations governing the establishment, conduct and
1-11 scope of
automobile driver education adopted by the state board of
1-12 education
pursuant to NRS 389.090;
1-13 (b) He has at
least 50 hours of supervised experience in driving a
1-14 motor vehicle
with a restricted license, instruction permit or restricted
1-15 instruction
permit issued pursuant to NRS 483.267, 483.270 or 483.280,
1-16 including,
without limitation, at least 10 hours of experience in driving a
1-17 motor vehicle
during darkness;
2-1 (c) His parent,
legal guardian, a licensed driver who is at least 21
2-2 years of age or a
licensed driving instructor, if the person applying for
2-3 the provisional
license is an emancipated minor, signs and submits to the
2-4 department a form
provided by the department which attests that the
2-5 person applying
for the provisional license has completed the training
2-6 and experience
required pursuant to paragraphs (a) and (b);
2-7 (d) He has not
been found to be responsible for a motor vehicle
2-8 accident during
the 6 months before he applies for the provisional
2-9 license;
2-10 (e) He has not
been convicted of a moving traffic violation or a crime
2-11 involving alcohol
or a controlled substance during the 6 months before
2-12 he applies for
the provisional license; and
2-13 (f) He has held
an instruction permit for not less than 6 months
2-14 before he applies
for the provisional license.
2-15 2. A person who is 16 or 17 years of age and
who:
2-16 (a) Resides in a
county whose population is less than 35,000 or in a
2-17 city or town
whose population is less than 25,000; and
2-18 (b) Is not
enrolled in a school or is enrolled in a school that does not
2-19 offer automobile
driver education,
2-20 is not required to complete a course as required pursuant to
paragraph
2-21 (a) of subsection
1.
2-22 3. For
the purposes of this section, each hour of supervised
2-23 experience that
is obtained while driving with a licensed driving
2-24 instructor shall
be deemed to be equivalent to 3 hours of supervised
2-25 experience
obtained while driving with a parent, legal guardian or a
2-26 licensed driver
who is at least 21 years of age.
2-27 Sec. 3.
1. Except as otherwise provided in subsection 2,
a person to
2-28 whom a
provisional license is issued pursuant to section 2 of this act
2-29 shall not, during
the first 4 months after the date on which the
2-30 provisional
license is issued, transport as a passenger a person who is
2-31 under 18 years of
age.
2-32 2. A person to whom a provisional license is issued pursuant to
2-33 section 2 of this
act may transport as a passenger a member of his
2-34 immediate family,
regardless of the age of the family member.
2-35 3. A person to whom a provisional license is issued pursuant to
2-36 section 2 of this
act may, during the first 12 months after the provisional
2-37 license is
issued, drive between the hours of 10 p.m. and 5 a.m., without
2-38 being accompanied
and supervised, under any of the following
2-39 circumstances:
2-40 (a) It is
necessary for the licensee to drive to attend his place of
2-41 worship or an
activity sponsored by his place of worship.
2-42 (b) It is
necessary for the licensee to drive to attend work.
2-43 (c) The licensee
is an emancipated minor.
2-44 4. A peace officer may issue a citation as
provided in NRS 484.799 if
2-45 the officer has
probable cause to believe that a licensee is in violation of
2-46 this section.
2-47 Sec. 4. 1. A peace officer shall not stop a motor vehicle for the sole
2-48 purpose of
determining whether the driver is violating a provision of
2-49 section 3 of this
act. A citation may be issued for a violation of section 3
3-1 of this act only
if the violation is discovered when the vehicle is halted or
3-2 its driver
arrested for another alleged violation or offense.
3-3 2. A violation of section 3 of this act:
3-4 (a) Is not a
moving traffic violation pursuant to NRS 483.473; and
3-5 (b) Is not
grounds for suspension or revocation of the provisional
3-6 license pursuant
to NRS 483.360.
3-7 Sec. 5. The department:
3-8 1. Shall include the original date that a
provisional license was
3-9 issued on the
face of each provisional license issued pursuant to section
3-10 2 of this act or
otherwise indicate that the license is provisional;
3-11 2. May issue provisional drivers’ licenses with
distinguishing
3-12 characteristics
which clearly indicate that the licensee is 16 or 17 years
3-13 of age; and
3-14 3. May adopt regulations necessary to carry out
the laws governing
3-15 the issuance of
provisional licenses.
3-16 Sec. 6. A restriction on or
suspension of the driver’s license of a
3-17 person who is
under 18 years of age remains in effect until the end of the
3-18 term of the
restriction or suspension even if the person becomes 18 years
3-19 of age before the
end of the term of the restriction or suspension.
3-20 Sec. 7. NRS
483.250 is hereby amended to read as follows:
3-21 483.250 The department shall not issue any license
under the
3-22 provisions of NRS 483.010 to 483.630, inclusive:
3-23 1. To any person who is under the age of 18
years, except that the
3-24 department may issue:
3-25 (a) A
restricted license to a person [between the
ages of 14 and 18
3-26 years] who
is 14 to 17 years of age, inclusive, pursuant to the provisions
of
3-27 NRS 483.267 and 483.270.
3-28 (b) An
instruction permit to a person who is at least 15 1/2 years of age
3-29 pursuant to the provisions of subsection 1 of NRS
483.280.
3-30 (c) A
restricted instruction permit to a person under the age of 18 years
3-31 pursuant to the provisions of subsection 3 of NRS
483.280.
3-32 (d) [Except as otherwise provided in paragraph (e), a license to a
person
3-33 between the ages
of 16 and 18 years who has completed a course:
3-34 (1) In automobile driver education pursuant
to NRS 389.090; or
3-35 (2) Provided by a school for training
drivers licensed pursuant to
3-36 NRS 483.700 to
483.780, inclusive, if the course complies with the
3-37 applicable
regulations governing the establishment, conduct and scope of
3-38 automobile driver
education adopted by the state board of education
3-39 pursuant to NRS
389.090,
3-40 and who has at
least 50 hours of experience in driving a motor vehicle with
3-41 a restricted
license, instruction permit or restricted instruction permit issued
3-42 pursuant to NRS
483.267, 483.270 or 483.280. The parent or legal
3-43 guardian of a
person who desires to obtain a license pursuant to this
3-44 paragraph must
sign and submit to the department a form provided by the
3-45 department which
attests that the person who desires a license has
3-46 completed the
training and experience required by this paragraph.
3-47 (e) A license to a person who is between the
ages of 16 and 18 years if:
4-1 (1) The public school in which he is
enrolled is located in a county
4-2 whose population
is less than 35,000 or in a city or town whose population
4-3 is less than
25,000;
4-4 (2) The public school does not offer
automobile driver education;
4-5 (3) He has at least 50 hours of experience
in driving a motor vehicle
4-6 with a restricted
license, instruction permit or restricted instruction permit
4-7 issued pursuant to
NRS 483.267, 483.270 or 483.280; and
4-8 (4) His parent or legal guardian signs and
submits to the department a
4-9 form provided by
the department which attests that the person who desires
4-10 a license has
completed the experience required by subparagraph (3).] A
4-11 provisional
license to a person who is 16 or 17 years of age pursuant to
4-12 the provisions of
sections 2 to 5, inclusive, of this act.
4-13 2. To any person whose license has been revoked
until the expiration
4-14 of the period during which he is not eligible for a
license.
4-15 3. To any person whose license has been
suspended, but, upon good
4-16 cause shown to the administrator, the department may
issue a restricted
4-17 license to him or shorten any period of suspension.
4-18 4. To any person who has previously been
adjudged to be afflicted
4-19 with or suffering from any mental disability or
disease and who has not at
4-20 the time of application been restored to legal
capacity.
4-21 5. To any person who is required by NRS 483.010
to 483.630,
4-22 inclusive, to take an examination, unless he has
successfully passed the
4-23 examination.
4-24 6. To any person when the administrator has good
cause to believe that
4-25 by reason of physical or mental disability that
person would not be able to
4-26 operate a motor vehicle safely.
4-27 7. To any person who is not a resident of this
state.
4-28 8. To any child who is the subject of a court
order issued pursuant to
4-29 paragraph (h) of subsection 1 of NRS 62.211, NRS
62.2255, 62.226 or
4-30 62.228 which delays his privilege to drive.
4-31 9. To any person who is the subject of a court
order issued pursuant to
4-32 NRS 206.330 which suspends or delays his privilege
to drive until the
4-33 expiration of the period of suspension or delay.
4-34 Sec. 8. NRS
483.255 is hereby amended to read as follows:
4-35 483.255 The department shall adopt regulations that
set forth the
4-36 number of hours of training which a person whose age
is less than 18 years
4-37 must complete in a course provided by a school for
training drivers to be
4-38 issued a
provisional license pursuant to subparagraph (2) of paragraph [(d)]
4-39 (a) of subsection 1 of [NRS 483.250.]
section 2 of this act. The
regulations
4-40 must require that the number of hours that must be
completed by such a
4-41 person be comparable to the number of hours of
instruction which would
4-42 be required of such a person if he completed his
training in a course
4-43 provided pursuant to NRS 389.090.
4-44 Sec. 9. NRS
483.267 is hereby amended to read as follows:
4-45 483.267 1. The
department may issue a restricted license to any
4-46 applicant [between the
ages of 14 and 18 years]
who is 14 to 17 years of
4-47 age, inclusive, which entitles him to drive
a motor vehicle upon a highway
4-48 if a member of his household has a medical condition
which renders that
5-1 member unable to operate a motor vehicle, and a
hardship exists which
5-2 requires the applicant to drive.
5-3 2. An application for a restricted license under
this section must:
5-4 (a) Be made
upon a form provided by the department.
5-5 (b) Contain a
statement that a person living in the same household with
5-6 the applicant suffers from a medical condition which
renders that person
5-7 unable to operate a motor vehicle and explaining the
need for the applicant
5-8 to drive.
5-9 (c) Be signed
and verified as provided in NRS 483.300.
5-10 (d) Contain
such other information as may be required by the
5-11 department.
5-12 3. A restricted license issued pursuant to this
section:
5-13 (a) Is
effective for the period specified by the department;
5-14 (b) Authorizes
the licensee to operate a motor vehicle on a street or
5-15 highway only under conditions specified by the
department; and
5-16 (c) May
contain other restrictions which the department deems
5-17 necessary.
5-18 4. No license may be issued under this section
until the department is
5-19 satisfied fully as to the applicant’s competency and
fitness to drive a motor
5-20 vehicle.
5-21 Sec. 10. NRS
483.270 is hereby amended to read as follows:
5-22 483.270 1. The
department may issue a restricted license to any pupil
5-23 [between the ages
of 14 and 18 years] who is 14 to 17 years of age,
5-24 inclusive, and who is attending:
5-25 (a) A public
school in a school district in this state in a county whose
5-26 population is less than 35,000 or in a city or town
whose population is less
5-27 than 25,000 when transportation to and from school
is not provided by the
5-28 board of trustees of the school district, if the
pupil meets the requirements
5-29 for eligibility adopted by the department pursuant
to subsection 5; or
5-30 (b) A private
school meeting the requirements for approval under NRS
5-31 392.070 when transportation to and from school is
not provided by the
5-32 private school,
5-33 and it is impossible or impracticable to furnish
such a pupil with
private
5-34 transportation to and from school.
5-35 2. An application for the issuance of a
restricted license under this
5-36 section must:
5-37 (a) Be made
upon a form provided by the department.
5-38 (b) Be signed
and verified as provided in NRS 483.300.
5-39 (c) Contain
such other information as may be required by the
5-40 department.
5-41 3. Any restricted license issued pursuant to
this section:
5-42 (a) Is
effective only for the school year during which it is issued or for a
5-43 more restricted period.
5-44 (b) Authorizes
the licensee to drive a motor vehicle on a street or
5-45 highway only while going directly to and from school [,] or a school
5-46 activity, and at a speed not in excess
of the speed limit set by law for
5-47 school buses.
5-48 (c) May
contain such other restrictions as the department may deem
5-49 necessary and proper.
6-1 (d) May
authorize the licensee to transport as passengers in a motor
6-2 vehicle driven by him, only while he is going directly to and from
school
6-3 [,] or
a school activity, members of his immediate family, or other
minor
6-4 persons upon written consent of the parents or
guardians of such minors,
6-5 but in no event may the number of passengers so
transported at any time
6-6 exceed the number of passengers for which the
vehicle was designed.
6-7 4. No restricted license may be issued under the
provisions of this
6-8 section until the department is satisfied fully as
to the applicant’s
6-9 competency and fitness to drive a motor vehicle.
6-10 5. The department shall adopt regulations that set
forth the
6-11 requirements for eligibility of a pupil to receive a
restricted license
6-12 pursuant to paragraph (a) of subsection 1.
6-13 Sec. 11. NRS
483.280 is hereby amended to read as follows:
6-14 483.280 1. Any
person who is at least 15 1/2 years of age may apply
6-15 to the department for an instruction permit. The
department may, in its
6-16 discretion, after the applicant has successfully
passed all parts of the
6-17 examination other than the driving test, issue to
the applicant an instruction
6-18 permit entitling the applicant, while having the
permit in his immediate
6-19 possession, to drive a motor vehicle upon the
highways for a period of [8
6-20 months] 1
year when accompanied by a licensed driver who is at least 21
6-21 years of age, who has had at least 1 year of
licensed driving experience in
6-22 the type of vehicle for which the permit was issued
and who is actually
6-23 occupying a seat beside the driver, except when the
permittee is occupying
6-24 a motorcycle. The term “licensed driving experience”
as used in this
6-25 subsection does not include driving experience
gained under an instruction
6-26 permit issued pursuant to the provisions of this
section.
6-27 2. The department may, in its discretion, issue
a temporary driver’s
6-28 permit to an applicant for a driver’s license
permitting him to drive a motor
6-29 vehicle while the department is completing its
investigation and
6-30 determination of all facts relative to the
applicant’s right to receive a
6-31 driver’s license. The permit must be in his
immediate possession while
6-32 driving a motor vehicle, and is invalid when the
applicant’s license has
6-33 been issued or for good cause has been refused.
6-34 3. The department, upon receiving proper
application, may, in its
6-35 discretion, issue a restricted instruction permit
effective for a school year,
6-36 or more restricted period, to an applicant who is
enrolled in a driver
6-37 education program which includes practice driving
and which is approved
6-38 by the department even though the applicant has not
reached the legal age
6-39 to be eligible for a driver’s license. The
instruction permit entitles the
6-40 permittee, when he has the permit in his immediate
possession, to drive a
6-41 motor vehicle only on a designated highway or within
a designated area,
6-42 but only when an approved instructor is occupying a
seat beside the
6-43 permittee.
6-44 Sec. 12. NRS
483.620 is hereby amended to read as follows:
6-45 483.620 It is a misdemeanor for any person to violate
any of the
6-46 provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 6,
6-47 inclusive, of
this act,
unless such violation is, by NRS 483.010 to 483.630,
6-48 inclusive, and sections 2 to 6, inclusive, of this act
or other law of this
6-49 state, declared to be a felony.
7-1 Sec. 13. NRS 389.090 is
hereby amended to read as follows:
7-2 389.090 1. The
state board shall adopt regulations governing the
7-3 establishment, conduct and scope of automobile
driver education in the
7-4 public schools of this state.
7-5 2. The aims and purposes of automobile driver
education are to
7-6 develop the knowledge, attitudes, habits and skills
necessary for the safe
7-7 operation of motor vehicles.
7-8 3. The board of trustees of a school district
may establish and maintain
7-9 automobile driver education classes during regular
semesters and summer
7-10 sessions and during the regular school day and at
times other than during
7-11 the regular school day for:
7-12 (a) Pupils
enrolled in the regular full-time day high schools in the
7-13 school district.
7-14 (b) Pupils
enrolled in summer classes conducted in high schools in the
7-15 school district.
7-16 A board of trustees maintaining courses in
automobile driver education
7-17 shall insure against any liability arising out of
the use of motor vehicles in
7-18 connection with those courses. The cost of the
insurance must be paid from
7-19 available school district funds.
7-20 4. A governing body of a charter school may
establish and maintain
7-21 automobile driver education classes if the governing
body insures against
7-22 any liability arising out of the use of motor
vehicles in connection with
7-23 those courses.
7-24 5. Automobile driver education must be provided
by boards of trustees
7-25 of school districts and governing bodies of charter
schools in accordance
7-26 with the regulations of the state board and may not
be duplicated by any
7-27 other agency, department, commission or officer of
the State of Nevada.
7-28 6. Each course in automobile driver education
provided by a board of
7-29 trustees of a school district or a governing body of
a charter school must
7-30 include, without limitation, instruction in:
7-31 (a) Motor
vehicle insurance.
7-32 (b) The
effect of drugs and alcohol on an operator of a motor vehicle.
7-33 7. Each course in automobile driver education
provided by a board of
7-34 trustees of a school district or a governing body of
a charter school must be
7-35 restricted to pupils who are [sophomores, juniors or seniors in high school.]
7-36 at least 15 years
of age.
7-37 Sec. 14. 1.
The provisions of section 4 of this act
do not apply to
7-38 offenses that were committed before July 1, 2002.
7-39 2. The amendatory provisions of sections 2 to 5,
inclusive, and 7 of
7-40 this act do not apply to a person who has been
issued a driver’s license
7-41 before July 1, 2002.
7-42 3. The amendatory provisions of section 11 of
this act do not apply to
7-43 a person who has been issued an instruction permit
before July 1, 2002.
7-44 Sec. 15. This act becomes effective on July 1, 2002.
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