2001 REGULAR SESSION (71st)                                                                       A SB303 R1 726

Amendment No. 726

 

 

 

     Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

     “Section 1. NRS 482.215 is hereby amended to read as follows:

     482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

     2.  Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department or to a registered dealer.

     3.  Each application must be made upon the appropriate form furnished by the department and contain:

     (a) The signature of the owner.

     (b) His residential address.

     (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the governmental services tax is to be paid.

     (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.

     (e) Proof satisfactory to the department or registered dealer that the applicant has provided the insurance required by NRS 485.185 and his signed declaration that he will maintain the insurance during the period of registration.

     (f) If the insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:

          (1) A certificate of insurance on a form approved by the commissioner of insurance; or

          (2) A card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185.

The department may file that evidence, return it to the applicant or otherwise dispose of it.

     (g) If required, evidence of the applicant’s compliance with controls over emission.

     4.  The application must contain such other information as is required by the department or registered dealer, and must be accompanied by proof of ownership satisfactory to the department.

     5.  For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:

     (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

     (b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

     (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

     [(d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.]”.

     Amend section 1, page 2, by deleting lines 8 and 9 and inserting:

“Except as otherwise provided in subsection [8] 9 of NRS 485.317, to reinstate the registration of a motor vehicle suspended pursuant to that section:”.

     Amend section 1, page 2, line 19, by deleting “Money” and inserting “The money”.

     Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding a new section designated sec. 3, following section 1, to read as follows:

     “Sec. 3.  NRS 485.055 is hereby amended to read as follows:

     485.055  1.  “Motor vehicle liability policy” means an owner’s policy of liability insurance [or an operator’s policy of liability insurance] issued by an insurer authorized to transact business in this state, to or for the benefit of the person named therein as insured.

     2.  With respect to a policy which grants excess or additional coverage over that required by NRS 485.3091, the term “motor vehicle liability policy” applies only to that part of the coverage which is required by NRS 485.3091.”.

     Amend the bill as a whole by deleting sec. 3, renumbering sections 4 through 6 as sections 8 through 10 and adding new sections designated sections 5 through 7, following sec. 2, to read as follows:

     “Sec. 5.  NRS 485.187 is hereby amended to read as follows:

     485.187  1.  Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:

     (a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.

     (b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.

     (c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.

     [(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.]

     2.  A person shall not operate the motor vehicle of another person unless:

     (a) He first ensures that the required evidence of insurance is present in the motor vehicle; or

     (b) He has his own evidence of insurance which covers him as the operator of the motor vehicle.

     3.  Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy by the time of sentencing, unless:

     (a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or

     (b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.

     4.  A court:

     (a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.

     (b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the balance of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is currently in effect.

     5.  The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.

     Sec. 6.  NRS 485.308 is hereby amended to read as follows:

     485.308  1.  Proof of financial responsibility may be furnished by filing with the motor vehicles branch of the department the written certificate of any insurance carrier authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate must specify [its] the effective date of the policy and [:

     (a) If the policy is an owner’s policy of liability insurance,] designate by appropriate reference all motor vehicles covered by [it; or

     (b) If] the policy . [is an operator’s policy of liability insurance, designate the person covered.]

     2.  The department may authorize the filing of the certificates described in subsection 1 by electronic transmission or any other means deemed appropriate by the department.

     3.  An insurance carrier that certifies the existence of a motor vehicle liability policy pursuant to subsection 1, must notify the motor vehicles branch of the department at least 10 days before the cancellation or termination of the policy.

     Sec. 7.  NRS 485.3091 is hereby amended to read as follows:

     485.3091  1.  An owner’s policy of liability insurance must:

     (a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and

     (b) Insure the person named therein and any other person, as insured, using any such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows:

          (1) Because of bodily injury to or death of one person in any one accident, $15,000;

          (2) Subject to the limit for one person, because of bodily injury to or death of two or more persons in any one accident, $30,000; and

          (3) Because of injury to or destruction of property of others in any one accident, $10,000.

     2.  [An operator’s policy of liability insurance must insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle within the same territorial limits and subject to the same limits of liability as are set forth in paragraph (b) of subsection 1.

     3.] A motor vehicle liability policy must state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the period of effectiveness and the limits of liability, and must contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

     [4.] 3.  A motor vehicle liability policy need not insure any liability under any workmen’s compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any motor vehicle owned by the insured nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

     [5.] 4.  Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:

     (a) The liability of the insurance carrier with respect to the insurance required by this chapter becomes absolute whenever injury or damage covered by the policy occurs. The policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on his behalf and no violation of the policy defeats or voids the policy.

     (b) The satisfaction by the insured of a judgment for injury or damage is not a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.

     (c) The insurance carrier may settle any claim covered by the policy, and if such a settlement is made in good faith, the amount thereof is deductible from the limits of liability specified in paragraph (b) of subsection 1.

     (d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter constitute the entire contract between the parties.

     [6.] 5.  Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to the provisions of this chapter.

     [7.] 6.  Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

     [8.] 7.  The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet those requirements.

     [9.] 8.  Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.”.

     Amend sec. 6, page 5, by deleting lines 6 and 7 and inserting:

     “2.  [The] Except as otherwise provided in this subsection, the department may use any information to verify, pursuant”.

     Amend sec. 6, page 5, line 9, after “485.185.” by inserting:

“The department may not use the name of the owner of a motor vehicle as the primary means of verifying that a motor vehicle is covered by a policy of liability insurance.”.

     Amend sec. 6, page 5, lines 16 and 17 by deleting “or operator’s” and inserting “[or operator’s]”.

     Amend sec. 6, page 6, line 21, by deleting:

“subsection [7,] 8,” and inserting:

“[subsection 7,] subsections 8 and 9,”.

     Amend sec. 6, page 6, line 37, after “9.” by inserting:

“If the department suspends the registration of a motor vehicle pursuant to subsection 4 because the registered owner of the motor vehicle failed to have insurance on the date specified in the form for verification, and if the registered owner, in accordance with regulations adopted by the department, proves to the satisfaction of the department that he was unable to comply with the provisions of NRS 485.185 on that date because of extenuating circumstances, the department may:

     (a) Reinstate the registration of the motor vehicle and reissue the license plates upon payment by the registered owner of a fee of $50, which must be deposited in the account for verification of insurance created by subsection 6 of NRS 482.480; or

     (b) Rescind the suspension of the registration without the payment of a fee.

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The department shall adopt regulations to carry out the provisions of this subsection.

     10.”.

     Amend the bill as a whole by renumbering sec. 7 as sec. 13 and adding new sections designated sections 11 and 12, following sec. 6, to read as follows:

     “Sec. 11.  NRS 690B.020 is hereby amended to read as follows:

     690B.020  1.  Except as otherwise provided in this section , [and NRS 690B.035,] no policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of the uninsured or hit-and-run motor vehicle. No such coverage is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as “uninsured vehicle coverage.”

     2.  The amount of coverage to be provided must be not less than the minimum limits for liability insurance for bodily injury provided for under chapter 485 of NRS, but may be in an amount not to exceed the coverage for bodily injury purchased by the policyholder.

     3.  For the purposes of this section , the term “uninsured motor vehicle” means a motor vehicle:

     (a) With respect to which there is not available at the department of motor vehicles and public safety evidence of financial responsibility as required by chapter 485 of NRS;

     (b) With respect to the ownership, maintenance or use of which there is no liability insurance for bodily injury or bond applicable at the time of the accident [,] or, to the extent of such deficiency, any liability insurance for bodily injury or bond in force is less than the amount required by NRS 485.210;

     (c) With respect to the ownership, maintenance or use of which the company writing any applicable liability insurance for bodily injury or bond denies coverage or is insolvent;

     (d) Used without the permission of its owner if there is no liability insurance for bodily injury or bond applicable to the operator;

     (e) Used with the permission of its owner who has insurance which does not provide coverage for the operation of the motor vehicle by any person other than the owner if there is no liability insurance for bodily injury or bond applicable to the operator; or

     (f) The owner or operator of which is unknown or after reasonable diligence cannot be found if:

          (1) The bodily injury or death has resulted from physical contact of the automobile with the named insured or the person claiming under him or with an automobile which the named insured or such a person is occupying; and

          (2) The named insured or someone on his behalf has reported the accident within the time required by NRS 484.223, 484.225 or 484.227 to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol.

     4.  For the purposes of this section , the term “uninsured motor vehicle” also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:

     (a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy;

     (b) The occurrence out of which legal liability arose took place while the uninsured vehicle coverage required under paragraph (a) was in effect; and

     (c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, the occurrence.

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Nothing contained in this subsection prevents any insurer from providing protection from insolvency to its insureds under more favorable terms.

     5.  If payment is made to any person under uninsured vehicle coverage, and subject to the terms of the coverage [,] to the extent of such payment , the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.

     6.  A vehicle involved in a collision which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the department of motor vehicles and public safety in the manner required by chapter 485 of NRS within 60 days after the collision occurs.

     Sec. 12.  NRS 485.186 and 690B.035 are hereby repealed.”.

     Amend sec. 7, page 6, by deleting line 42 and inserting:

     “Sec. 13.  1.  This section and sections 4 and 9 of this act become effective on July 1, 2001.

     2.  Sections 1, 2, 3, 5 to 8, inclusive, 10, 11 and 12 of this act become effective on January 1, 2002.”.

     Amend the bill as a whole by adding the text of the repealed sections, following sec. 7, to read as follows:

 

TEXT OF REPEALED SECTIONS

 

     485.186  Natural person may obtain operator’s policy of liability insurance; exceptions.

     1.  Except as otherwise provided in subsection 6, any natural person may satisfy the requirements of NRS 485.185 by obtaining, in lieu of an owner’s policy of liability insurance, an operator’s policy of liability insurance which meets the requirements of this section and NRS 485.3091.

     2.  An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:

     (a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;

     (b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and

     (c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,

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unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this state unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.

     3.  An owner of a motor vehicle which is registered or required to be registered in this state and who holds an operator’s policy of liability insurance shall not permit another person to operate his motor vehicle if the owner knows or should have known that the person does not have liability insurance to cover his own operation of that motor vehicle.

     4.  An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.

     5.  An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.

     6.  This section does not apply to a lessor, dealer, manufacturer, rebuilder or distributor of a motor vehicle, an owner of a fleet, a common, contract or private motor carrier or any other employer who owns a motor vehicle for use in his business.

     690B.035  Policy covering damage to one or more of operator’s vehicles.  An insurer may issue to a holder of an operator’s policy of liability insurance a policy covering damage to one or more of the operator’s vehicles. The policy is not required to provide liability insurance or uninsured vehicle coverage.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to insurance for motor vehicles; specifying that any information except the name of the owner of a motor vehicle may be used to verify that a motor vehicle is insured; repealing the provisions permitting the issuance of an operator’s policy of liability insurance; allowing the release of information related to insurance policies under certain circumstances; and providing other matters properly relating thereto.”.