(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 8–Assemblywoman Cegavske

 

Prefiled January 11, 2001

 

____________

 

joint sponsor: Senator Care

____________

 

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.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to motor vehicles; making various changes concerning the issuance of drivers’ licenses to 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 driver’s license to a person

1-4  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

2-1  instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280,

2-2  including, without limitation, at least 10 hours of experience in driving a

2-3  motor vehicle during darkness;

2-4    (c) He submits to the department a form provided by the department

2-5  that is signed:

2-6       (1) By his parent or legal guardian; or

2-7       (2) If the person applying for the driver’s license is an emancipated

2-8  minor, by a licensed driver who is at least 21 years of age or by a licensed

2-9  driving instructor,

2-10  which attests that the person applying for the driver’s license has

2-11  completed the training and experience required pursuant to paragraphs

2-12  (a) and (b);

2-13  (d) He has not been found to be responsible for a motor vehicle

2-14  accident during the 6 months before he applies for the driver’s license;

2-15  (e) He has not been convicted of a moving traffic violation or a crime

2-16  involving alcohol or a controlled substance during the 6 months before

2-17  he applies for the driver’s license; and

2-18  (f) He has held an instruction permit for not less than 6 months

2-19  before he applies for the driver’s license.

2-20  2.  A person who is 16 or 17 years of age and who:

2-21  (a) Resides in a county whose population is less than 50,000 or in a

2-22  city or town whose population is less than 25,000; and

2-23  (b) Is not enrolled in a school or is enrolled in a school that does not

2-24  offer automobile driver education,

2-25  is not required to complete a course as required pursuant to paragraph

2-26  (a) of subsection 1.

2-27    Sec. 3.  1.  Except as otherwise provided in subsection 2, a person to

2-28  whom a driver’s license is issued pursuant to section 2 of this act shall

2-29  not, during the first 4 months after the date on which the driver’s license

2-30  is issued, transport as a passenger a person who is under 18 years of age.

2-31    2.  A person to whom a driver’s license is issued pursuant to section 2

2-32  of this act may transport as a passenger a member of his immediate

2-33  family, regardless of the age of the family member.

2-34    Sec. 4. 1.  A peace officer shall not stop a motor vehicle for the sole

2-35  purpose of determining whether the driver is violating a provision of

2-36  section 3 of this act. A citation may be issued for a violation of section 3

2-37  of this act only if the violation is discovered when the vehicle is halted or

2-38  its driver arrested for another alleged violation or offense.

2-39  2.  A violation of section 3 of this act:

2-40  (a) Is not a moving traffic violation pursuant to NRS 483.473; and

2-41  (b) Is not grounds for suspension or revocation of the driver’s license

2-42  pursuant to NRS 483.360.

2-43    Sec. 5.  The department:

2-44  1.  Shall, with respect to a driver’s license that is issued pursuant to

2-45  section 2 of this act:

2-46    (a) Include on the face of the license the original date on which the

2-47  license was issued; or

2-48    (b) Otherwise indicate that the license is for use by a person who:

2-49      (1) Is 16 or 17 years of age; and

3-1       (2) Satisfied the requirements set forth in section 2 of this act before

3-2  receiving the license;

3-3    2.  May issue drivers’ licenses pursuant to section 2 of this act with

3-4  distinguishing characteristics which clearly indicate that the licensee is

3-5  16 or 17 years of age; and

3-6    3.  May adopt regulations necessary to carry out the laws governing

3-7  the issuance of drivers’ licenses pursuant to section 2 of this act.

3-8  Sec. 6.  A restriction on or suspension of the driver’s license of a

3-9  person who is under 18 years of age remains in effect until the end of the

3-10  term of the restriction or suspension even if the person becomes 18 years

3-11  of age before the end of the term of the restriction or suspension.

3-12    Sec. 7. NRS 483.250 is hereby amended to read as follows:

3-13    483.250  The department shall not issue any license under the

3-14  provisions of NRS 483.010 to 483.630, inclusive:

3-15    1.  To any person who is under the age of 18 years, except that the

3-16  department may issue:

3-17    (a) A restricted license to a person between the ages of 14 and 18 years

3-18  pursuant to the provisions of NRS 483.267 and 483.270.

3-19    (b) An instruction permit to a person who is at least 15 1/2 years of age

3-20  pursuant to the provisions of subsection 1 of NRS 483.280.

3-21    (c) A restricted instruction permit to a person under the age of 18 years

3-22  pursuant to the provisions of subsection 3 of NRS 483.280.

3-23    (d) [Except as otherwise provided in paragraph (e), a license to a person

3-24  between the ages of 16 and 18 years who has completed a course:

3-25      (1) In automobile driver education pursuant to NRS 389.090; or

3-26      (2) Provided by a school for training drivers licensed pursuant to

3-27  NRS 483.700 to 483.780, inclusive, if the course complies with the

3-28  applicable regulations governing the establishment, conduct and scope of

3-29  automobile driver education adopted by the state board of education

3-30  pursuant to NRS 389.090,

3-31  and who has at least 50 hours of experience in driving a motor vehicle with

3-32  a restricted license, instruction permit or restricted instruction permit issued

3-33  pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal

3-34  guardian of a person who desires to obtain a license pursuant to this

3-35  paragraph must sign and submit to the department a form provided by the

3-36  department which attests that the person who desires a license has

3-37  completed the training and experience required by this paragraph.

3-38    (e) A license to a person who is between the ages of 16 and 18 years if:

3-39      (1) The public school in which he is enrolled is located in a county

3-40  whose population is less than 35,000 or in a city or town whose population

3-41  is less than 25,000;

3-42      (2) The public school does not offer automobile driver education;

3-43      (3) He has at least 50 hours of experience in driving a motor vehicle

3-44  with a restricted license, instruction permit or restricted instruction permit

3-45  issued pursuant to NRS 483.267, 483.270 or 483.280; and

3-46      (4) His parent or legal guardian signs and submits to the department a

3-47  form provided by the department which attests that the person who desires

3-48  a license has completed the experience required by subparagraph (3).] A

4-1  driver’s license to a person who is 16 or 17 years of age pursuant to the

4-2  provisions of section 2 of this act.

4-3    2.  To any person whose license has been revoked until the expiration

4-4  of the period during which he is not eligible for a license.

4-5    3.  To any person whose license has been suspended, but, upon good

4-6  cause shown to the administrator, the department may issue a restricted

4-7  license to him or shorten any period of suspension.

4-8    4.  To any person who has previously been adjudged to be afflicted

4-9  with or suffering from any mental disability or disease and who has not at

4-10  the time of application been restored to legal capacity.

4-11    5.  To any person who is required by NRS 483.010 to 483.630,

4-12  inclusive, to take an examination, unless he has successfully passed the

4-13  examination.

4-14    6.  To any person when the administrator has good cause to believe that

4-15  by reason of physical or mental disability that person would not be able to

4-16  operate a motor vehicle safely.

4-17    7.  To any person who is not a resident of this state.

4-18    8.  To any child who is the subject of a court order issued pursuant to

4-19  paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

4-20  62.228 which delays his privilege to drive.

4-21    9.  To any person who is the subject of a court order issued pursuant to

4-22  NRS 206.330 which suspends or delays his privilege to drive until the

4-23  expiration of the period of suspension or delay.

4-24    Sec. 8. NRS 483.255 is hereby amended to read as follows:

4-25    483.255  The department shall adopt regulations that set forth the

4-26  number of hours of training which a person whose age is less than 18 years

4-27  must complete in a course provided by a school for training drivers to be

4-28  issued a driver’s license pursuant to subparagraph (2) of paragraph [(d)] (a)

4-29  of subsection 1 of [NRS 483.250.] section 2 of this act. The regulations

4-30  must require that the number of hours that must be completed by such a

4-31  person be comparable to the number of hours of instruction which would

4-32  be required of such a person if he completed his training in a course

4-33  provided pursuant to NRS 389.090.

4-34    Sec. 9.  NRS 483.280 is hereby amended to read as follows:

4-35    483.280  1.  Any person who is at least 15 1/2 years of age may apply

4-36  to the department for an instruction permit. The department may, in its

4-37  discretion, after the applicant has successfully passed all parts of the

4-38  examination other than the driving test, issue to the applicant an instruction

4-39  permit entitling the applicant, while having the permit in his immediate

4-40  possession, to drive a motor vehicle upon the highways for a period of [8

4-41  months] 1 year when accompanied by a licensed driver who is at least 21

4-42  years of age, who has had at least 1 year of licensed driving experience in

4-43  the type of vehicle for which the permit was issued and who is actually

4-44  occupying a seat beside the driver, except when the permittee is occupying

4-45  a motorcycle. The term “licensed driving experience” as used in this

4-46  subsection does not include driving experience gained under an instruction

4-47  permit issued pursuant to the provisions of this section.

4-48    2.  The department may, in its discretion, issue a temporary driver’s

4-49  permit to an applicant for a driver’s license permitting him to drive a motor

5-1  vehicle while the department is completing its investigation and

5-2  determination of all facts relative to the applicant’s right to receive a

5-3  driver’s license. The permit must be in his immediate possession while

5-4  driving a motor vehicle, and is invalid when the applicant’s license has

5-5  been issued or for good cause has been refused.

5-6    3.  The department, upon receiving proper application, may, in its

5-7  discretion, issue a restricted instruction permit effective for a school year,

5-8  or more restricted period, to an applicant who is enrolled in a driver

5-9  education program which includes practice driving and which is approved

5-10  by the department even though the applicant has not reached the legal age

5-11  to be eligible for a driver’s license. The instruction permit entitles the

5-12  permittee, when he has the permit in his immediate possession, to drive a

5-13  motor vehicle only on a designated highway or within a designated area,

5-14  but only when an approved instructor is occupying a seat beside the

5-15  permittee.

5-16    Sec. 10.  NRS 483.620 is hereby amended to read as follows:

5-17    483.620  It is a misdemeanor for any person to violate any of the

5-18  provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 6,

5-19  inclusive, of this act, unless such violation is, by NRS 483.010 to 483.630,

5-20  inclusive, and sections 2 to 6, inclusive, of this act or other law of this

5-21  state, declared to be a felony.

5-22    Sec. 11.  NRS 389.090 is hereby amended to read as follows:

5-23    389.090  1.  The state board shall adopt regulations governing the

5-24  establishment, conduct and scope of automobile driver education in the

5-25  public schools of this state.

5-26    2.  The aims and purposes of automobile driver education are to

5-27  develop the knowledge, attitudes, habits and skills necessary for the safe

5-28  operation of motor vehicles.

5-29    3.  The board of trustees of a school district may establish and maintain

5-30  automobile driver education classes during regular semesters and summer

5-31  sessions and during the regular school day and at times other than during

5-32  the regular school day for:

5-33    (a) Pupils enrolled in the regular full-time day high schools in the

5-34  school district.

5-35    (b) Pupils enrolled in summer classes conducted in high schools in the

5-36  school district.

5-37  A board of trustees maintaining courses in automobile driver education

5-38  shall insure against any liability arising out of the use of motor vehicles in

5-39  connection with those courses. The cost of the insurance must be paid from

5-40  available school district funds.

5-41    4.  A governing body of a charter school may establish and maintain

5-42  automobile driver education classes if the governing body insures against

5-43  any liability arising out of the use of motor vehicles in connection with

5-44  those courses.

5-45    5.  Automobile driver education must be provided by boards of trustees

5-46  of school districts and governing bodies of charter schools in accordance

5-47  with the regulations of the state board and may not be duplicated by any

5-48  other agency, department, commission or officer of the State of Nevada.

6-1    6.  Each course in automobile driver education provided by a board of

6-2  trustees of a school district or a governing body of a charter school must

6-3  include, without limitation, instruction in:

6-4    (a) Motor vehicle insurance.

6-5    (b) The effect of drugs and alcohol on an operator of a motor vehicle.

6-6    7.  Each course in automobile driver education provided by a board of

6-7  trustees of a school district or a governing body of a charter school must be

6-8  restricted to pupils who are [sophomores, juniors or seniors in high school.]

6-9  at least 15 years of age.

6-10    Sec. 12.  1.  The provisions of section 3 of this act do not apply to

6-11  offenses that were committed before July 1, 2002.

6-12    2.  The amendatory provisions of sections 2 to 5, inclusive, and 7 of

6-13  this act do not apply to a person who has been issued a driver’s license

6-14  before July 1, 2002.

6-15    3.  The amendatory provisions of section 9 of this act do not apply to a

6-16  person who has been issued an instruction permit before July 1, 2002.

6-17    Sec. 13.  This act becomes effective on July 1, 2002.

 

6-18  H