2001 REGULAR SESSION (71st)                                                                                A AB8 180

Amendment No. 180

 

Assembly Amendment to Assembly Bill No. 8                                                                        (BDR 43‑6)

Proposed by: Committee on Transportation

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by deleting sections 1 through 10, renumbering sections 11 through 13 as sections 9 through 11 and adding new sections designated sections 1 through 8, following the enacting clause, to read as follows:

     “Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

     Sec. 2.  1.  The department may issue a driver’s license to a person who is 16 or 17 years of age if:

     (a) Except as otherwise provided in subsection 2, he has completed a course:

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

          (2) Provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, and which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090;

     (b) He has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280, including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

     (c) He submits to the department a form provided by the department that is signed:

          (1) By his parent or legal guardian; or

          (2) If the person applying for the driver’s license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor,

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which attests that the person applying for the driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b);

     (d) He has not been found to be responsible for a motor vehicle accident during the 6 months before he applies for the driver’s license;

     (e) He has not been convicted of a moving traffic violation or a crime involving alcohol or a controlled substance during the 6 months before he applies for the driver’s license; and

     (f) He has held an instruction permit for not less than 6 months before he applies for the driver’s license.

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

     (a) Resides in a county whose population is less than 50,000 or in a city or town whose population is less than 25,000; and

     (b) Is not enrolled in a school or is enrolled in a school that does not offer automobile driver education,

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is not required to complete a course as required pursuant to paragraph (a) of subsection 1.

     Sec. 3.  1.  Except as otherwise provided in subsection 2, a person to whom a driver’s license is issued pursuant to section 2 of this act shall not, during the first 4 months after the date on which the driver’s license is issued, transport as a passenger a person who is under 18 years of age.

     2.  A person to whom a driver’s license is issued pursuant to section 2 of this act may transport as a passenger a member of his immediate family, regardless of the age of the family member.

     Sec. 4. 1.  A peace officer shall not stop a motor vehicle for the sole purpose of determining whether the driver is violating a provision of section 3 of this act. A citation may be issued for a violation of section 3 of this act only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense.

     2.  A violation of section 3 of this act:

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

     (b) Is not grounds for suspension or revocation of the driver’s license pursuant to NRS 483.360.

     Sec. 5.  The department:

     1.  Shall, with respect to a driver’s license that is issued pursuant to section 2 of this act:

     (a) Include on the face of the license the original date on which the license was issued; or   (b) Otherwise indicate that the license is for use by a person who:

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

          (2) Satisfied the requirements set forth in section 2 of this act before receiving the license;

     2.  May issue drivers’ licenses pursuant to section 2 of this act with distinguishing characteristics which clearly indicate that the licensee is 16 or 17 years of age; and

     3.  May adopt regulations necessary to carry out the laws governing the issuance of drivers’ licenses pursuant to section 2 of this act.

     Sec. 6.  A restriction on or suspension of the driver’s license of a person who is under 18 years of age remains in effect until the end of the term of the restriction or suspension even if the person becomes 18 years of age before the end of the term of the restriction or suspension.

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

     483.250  The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:

     1.  To any person who is under the age of 18 years, except that the department may issue:

     (a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

     (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

     (c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

     (d) [Except as otherwise provided in paragraph (e), a license to a person between the ages of 16 and 18 years who has completed a course:

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

          (2) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090,

and who has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal guardian of a person who desires to obtain a license pursuant to this paragraph must sign and submit to the department a form provided by the department which attests that the person who desires a license has completed the training and experience required by this paragraph.

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

          (1) The public school in which he is enrolled is located in a county whose population is less than 35,000 or in a city or town whose population is less than 25,000;

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

          (3) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280; and

          (4) His parent or legal guardian signs and submits to the department a form provided by the department which attests that the person who desires a license has completed the experience required by subparagraph (3).] A driver’s license to a person who is 16 or 17 years of age pursuant to the provisions of section 2 of this act.

     2.  To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

     3.  To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

     4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

     5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

     6.  To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.

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

     8.  To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or 62.228 which delays his privilege to drive.

     9.  To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.

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

     483.255  The department shall adopt regulations that set forth the number of hours of training which a person whose age is less than 18 years must complete in a course provided by a school for training drivers to be issued a driver’s license pursuant to subparagraph (2) of paragraph [(d)] (a) of subsection 1 of [NRS 483.250.] section 2 of this act. The regulations must require that the number of hours that must be completed by such a person be comparable to the number of hours of instruction which would be required of such a person if he completed his training in a course provided pursuant to NRS 389.090.”.

     Amend sec. 14, page 7, by deleting line 37 and inserting:

     Sec. 12. 1.  The provisions of section 3 of this act do not apply to”.

     Amend sec. 14, page 7, line 42, by deleting “11” and inserting “9”.

     Amend the bill as a whole by renumbering sec. 15 as sec. 13.

     Amend the title of the bill by deleting the first line and inserting:

“AN ACT relating to motor vehicles; making various changes concerning the issuance of drivers’ licenses to persons who”.

     Amend the bill as a whole by adding the following senator as a primary joint sponsor:

Senator Care.