Senate Bill No. 220–Committee on Taxation
February 21, 2001
____________
Referred to Committee on Transportation
SUMMARY—Provides for regulation of off-road vehicles. (BDR 43‑148)
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 off-road vehicles; requiring an owner of an off-road vehicle to register the off-road vehicle with the department of motor vehicles and public safety and to obtain a certificate of title for the off-road vehicle; requiring the department of motor vehicles and public safety to establish procedures for registering an off-road vehicle and for issuing a certificate of ownership; requiring a dealer of off-road vehicles to obtain a permit to operate an off-road vehicle under certain circumstances; prohibiting the giving of false information when registering an off-road vehicle; providing a penalty; 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
1-2 the provisions set forth as sections 2 to 12, inclusive, of this act.
1-3 Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the
1-4 context otherwise requires, the words and terms defined in sections 3, 4
1-5 and 5 of this act have the meanings ascribed to them in those sections.
1-6 Sec. 3. 1. “Off-road vehicle” means a motorized device that is not
1-7 required to be registered with the department as a vehicle pursuant to
1-8 NRS 482.205 to 482.290, inclusive, and which is used for recreational
1-9 purposes on natural terrain, including, without limitation, dirt, water,
1-10 snow, ice, marshes, swamps, rivers and lakes. The term includes, without
1-11 limitation, motorcycles that are not intended to be operated upon any
1-12 highway, dune buggies, snowmobiles, amphibious devices and motorized
1-13 devices that use air cushions to move over natural terrain.
1-14 2. The term does not include a boat.
1-15 Sec. 4. 1. “Off-road vehicle dealer” means any person who:
1-16 (a) For compensation, money or other thing of value sells, exchanges,
1-17 buys, offers or displays for sale, or negotiates or attempts to negotiate a
1-18 sale or exchange of an interest in, an off-road vehicle subject to
2-1 registration pursuant to this chapter, or induces or attempts to induce
2-2 any person to buy or exchange an interest in an off-road vehicle;
2-3 (b) Receives or expects to receive a commission, money, brokerage
2-4 fee, profit or any other thing of value from the seller or purchaser of an
2-5 off-road vehicle; or
2-6 (c) Is engaged wholly or in part in the business of selling off-road
2-7 vehicles, buying or taking in trade off-road vehicles for the purpose of
2-8 resale, selling or offering for sale or consignment to be sold or otherwise
2-9 dealing in off-road vehicles, whether or not he owns the off-road
2-10 vehicles.
2-11 2. The term does not include:
2-12 (a) An insurance company, bank, finance company, governmental
2-13 agency or any other person coming into possession of an off-road
2-14 vehicle, acquiring a contractual right to an off-road vehicle or incurring
2-15 an obligation with respect to an off-road vehicle in the performance of
2-16 official duties or under the authority of any court of law, if the sale of the
2-17 off-road vehicle is for the purpose of saving the seller from loss or
2-18 pursuant to the authority of a court of competent jurisdiction;
2-19 (b) A person, other than a person who has leased an off-road vehicle
2-20 to another person, who is not engaged in the purchase or sale of off-road
2-21 vehicles as a business, but is disposing of off-road vehicles acquired by
2-22 the owner for his use and not for the purpose of avoiding the provisions
2-23 of this chapter, or a person who sells not more than three personally
2-24 owned off-road vehicles in any 12-month period;
2-25 (c) A person regularly employed as a salesman by an off-road vehicle
2-26 dealer, while acting within the scope of his employment; or
2-27 (d) A person who is incidentally engaged in the business of soliciting
2-28 orders for the sale and delivery of off-road vehicles outside the territorial
2-29 limits of the United States if his sales of such off-road vehicles produce
2-30 less than 5 percent of his total gross revenue.
2-31 Sec. 5. “Owner” means a person who holds legal title to or an
2-32 interest in the title of an off-road vehicle and whose name appears on the
2-33 certificate of ownership, other than a lienholder.
2-34 Sec. 6. 1. Except as otherwise provided in sections 2 to 12,
2-35 inclusive, of this act, every owner who intends to operate his off-road
2-36 vehicle in this state must, before operating the off-road vehicle in this
2-37 state, register the off-road vehicle with the department pursuant to
2-38 sections 2 to 12, inclusive, of this act.
2-39 2. A resident of another state who owns an off-road vehicle and who
2-40 has registered the off-road vehicle in that state may operate the off-road
2-41 vehicle in this state without registering the off-road vehicle pursuant to
2-42 sections 2 to 12, inclusive, of this act if the state in which the off-road
2-43 vehicle is registered does not require the registration of an off-road
2-44 vehicle that is registered pursuant to sections 2 to 12, inclusive, of this
2-45 act, before the operation of the off-road vehicle in that state.
2-46 Sec. 7. 1. Except as otherwise provided in this section, if an off-
2-47 road vehicle dealer obtains from the department an off-road vehicle
2-48 dealer’s permit, the off-road vehicle dealer may operate an off-road
3-1 vehicle for the purpose of demonstration or testing without registering
3-2 the off-road vehicle pursuant to sections 2 to 12, inclusive, of this act.
3-3 2. An off-road vehicle dealer who holds a current dealer’s license
3-4 plate issued pursuant to this chapter that allows the dealer to use a
3-5 vehicle may operate an off-road vehicle for the purpose of demonstration
3-6 or testing without registering the off-road vehicle and without obtaining
3-7 an off-road vehicle dealer’s permit if the dealer has attached the dealer’s
3-8 license plate to the off-road vehicle.
3-9 Sec. 8. Upon the sale of an off-road vehicle to a customer, an off-
3-10 road vehicle dealer shall apply to the department for a certificate of
3-11 ownership in the name of the owner of the off-road vehicle.
3-12 Sec. 9. 1. The department shall provide, by regulation, forms,
3-13 requirements and procedures for:
3-14 (a) Registering and renewing the registration of an off-road vehicle;
3-15 (b) Transferring the registration of an off-road vehicle; and
3-16 (c) Issuing an off-road vehicle dealer’s permit for operation of an off-
3-17 road vehicle pursuant to section 7 of this act.
3-18 2. An application for registering an off-road vehicle must include,
3-19 without limitation, the name and address of each owner of the off-road
3-20 vehicle and must be accompanied by a certificate of ownership that
3-21 shows the person who is registering the off-road vehicle is an owner of
3-22 the off-road vehicle.
3-23 3. For each off-road vehicle registered by the department, the
3-24 department shall issue a decal that must be placed in a conspicuous place
3-25 on the off-road vehicle as specified by the department. If the owner loses
3-26 the decal before the registration expires, the owner may obtain a
3-27 replacement decal from the department upon payment of a fee that
3-28 equals the cost to the department of obtaining or creating the decal, as
3-29 appropriate.
3-30 4. The registration of an off-road vehicle and a dealer’s permit
3-31 expire 1 year after the date the off-road vehicle is registered with the
3-32 department or the date the dealer’s permit is issued by the department.
3-33 5. The department shall charge and collect a fee of $25 upon the
3-34 submission of:
3-35 (a) An application for the registration of an off-road vehicle;
3-36 (b) An application for the renewal of the registration of an off-road
3-37 vehicle; and
3-38 (c) An application for a dealer’s permit.
3-39 6. To the extent practicable, the requirements and procedures for the
3-40 issuance, transfer and renewal of the registration of an off-road vehicle
3-41 that are adopted by the department must be substantially similar to the
3-42 requirements and procedures for the issuance, transfer and renewal of
3-43 the registration of a vehicle pursuant to this chapter.
3-44 Sec. 10. 1. The department shall provide, by regulation, forms,
3-45 requirements and procedures for the issuance of a certificate of
3-46 ownership of an off-road vehicle. To the extent practicable, the
3-47 requirements and procedures for the issuance of a certificate of
3-48 ownership adopted by the department must be substantially similar to the
4-1 requirements and procedures for the issuance of a certificate of
4-2 ownership for a vehicle pursuant to this chapter.
4-3 2. A certificate of ownership of an off-road vehicle is valid until
4-4 cancelled by the department.
4-5 3. The department may charge and collect a reasonable fee for
4-6 issuing a certificate of ownership of an off-road vehicle.
4-7 Sec. 11. 1. Money collected by the department pursuant to sections
4-8 9 and 10 of this act must be accounted for separately in the motor vehicle
4-9 fund. The interest and income earned on the money in the account must
4-10 be credited to the account.
4-11 2. The department shall distribute the money in the account
4-12 periodically, but not less than once every 2 years, in the following
4-13 manner:
4-14 (a) The department shall retain an amount of money, that must not
4-15 exceed 10 percent of the account, which is sufficient to cover the
4-16 expenses incurred by the department in administering sections 2 to 12,
4-17 inclusive, of this act; and
4-18 (b) The remainder of the money in the account must be distributed to
4-19 the division of state parks of the state department of conservation and
4-20 natural resources for use by the division of state parks for the benefit of
4-21 owners and operators of off-road vehicles.
4-22 Sec. 12. Nothing in sections 2 to 12, inclusive, of this act may be
4-23 interpreted to grant a person the right or authority to enter upon private
4-24 property without the permission of the property owner.
4-25 Sec. 13. NRS 482.085 is hereby amended to read as follows:
4-26 482.085 [“Owner”] Except as otherwise provided in section 5 of this
4-27 act, “owner” means a person who holds the legal title of a vehicle and
4-28 whose name appears on the certificate of ownership, and any lienholder
4-29 whose name appears on the certificate of ownership. If a vehicle is the
4-30 subject of an agreement for the conditional sale or lease thereof with or
4-31 without the right of purchase upon performance of the conditions stated in
4-32 the agreement and with an immediate right of possession vested in the
4-33 conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to
4-34 possession, then the conditional vendee or lessee or mortgagor shall be
4-35 deemed the owner for the purpose of this chapter.
4-36 Sec. 14. NRS 482.175 is hereby amended to read as follows:
4-37 482.175 The department and the officers and deputies thereof and
4-38 registered dealers shall examine and to the best of their ability determine
4-39 the genuineness and regularity of every registration and transfer of
4-40 registration of a vehicle or off-road vehicle as provided in this chapter, in
4-41 order that every certificate issued for a vehicle or off-road vehicle must
4-42 contain true statements of the ownership thereof, and to prevent the
4-43 registration of a vehicle or off-road vehicle by any person not entitled
4-44 thereto. The department or a registered dealer may require any applicant to
4-45 furnish such information in addition to that contained in the application as
4-46 may be necessary to satisfy the department of the truth and regularity of the
4-47 application.
5-1 Sec. 15. NRS 482.180 is hereby amended to read as follows:
5-2 482.180 1. The motor vehicle fund is hereby created as an agency
5-3 fund. Except as otherwise provided in subsection 4 or by a specific statute,
5-4 all money received or collected by the department must be deposited in the
5-5 state treasury for credit to the motor vehicle fund.
5-6 2. [The] Except as otherwise provided in section 11 of this act, the
5-7 interest and income on the money in the motor vehicle fund, after
5-8 deducting any applicable charges, must be credited to the state highway
5-9 fund.
5-10 3. Any check accepted by the department in payment of vehicle
5-11 privilege tax or any other fee required to be collected pursuant to this
5-12 chapter must, if it is dishonored upon presentation for payment, be charged
5-13 back against the motor vehicle fund or the county to which the payment
5-14 was credited, in the proper proportion.
5-15 4. All money received or collected by the department for the basic
5-16 vehicle privilege tax must be deposited in the local government tax
5-17 distribution account, created by NRS 360.660, for credit to the appropriate
5-18 county pursuant to subsection 6.
5-19 5. Money for the administration of the provisions of this chapter must
5-20 be provided by direct legislative appropriation from the state highway
5-21 fund, upon the presentation of budgets in the manner required by law. Out
5-22 of the appropriation, the department shall pay every item of expense.
5-23 6. The privilege tax collected on vehicles subject to the provisions of
5-24 chapter 706 of NRS and engaged in interstate or intercounty operation
5-25 must be distributed among the counties in the following percentages:
5-26 ............ Carson City 1.07 percent Lincoln.. 3.12 percent
5-27 ................. Churchill 5.21 percent Lyon..... 2.90 percent
5-28 ...................... Clark 22.54 percent Mineral.. 2.40 percent
5-29 .................. Douglas 2.52 percent Nye....... 4.09 percent
5-30 ....................... Elko 13.31 percent Pershing7.00 percent
5-31 ............... Esmeralda 2.52 percent Storey... .19 percent
5-32 .................... Eureka 3.10 percent Washoe12.24 percent
5-33 ............... Humboldt 8.25 percent White Pine5.66 percent
5-34 .................... Lander 3.88 percent
5-35 The distributions must be allocated among local governments within the
5-36 respective counties pursuant to the provisions of NRS 482.181.
5-37 7. The department shall withhold 6 percent from the amount of
5-38 privilege tax collected by the department as a commission. From the
5-39 amount of privilege tax collected by a county assessor, the state controller
5-40 shall credit 1 percent to the department as a commission and remit 5
5-41 percent to the county for credit to its general fund as commission for the
5-42 services of the county assessor.
5-43 8. When the requirements of this section and NRS 482.181 have been
5-44 met, and when directed by the department, the state controller shall transfer
5-45 monthly to the state highway fund any balance in the motor vehicle fund.
5-46 9. If a statute requires that any money in the motor vehicle fund be
5-47 transferred to another fund or account, the department shall direct the
5-48 controller to transfer the money in accordance with the statute.
6-1 Sec. 16. NRS 482.210 is hereby amended to read as follows:
6-2 482.210 1. The provisions of this chapter requiring the registration of
6-3 certain vehicles and off-road vehicles do not apply to:
6-4 (a) Special mobile equipment.
6-5 (b) Implements of husbandry temporarily drawn, moved or otherwise
6-6 propelled upon the highways.
6-7 (c) Any mobile home or commercial coach subject to the provisions of
6-8 chapter 489 of NRS.
6-9 (d) Golf carts which are:
6-10 (1) Traveling upon highways properly designated by the appropriate
6-11 city or county as permissible for the operation of golf carts; and
6-12 (2) Operating pursuant to a permit issued pursuant to this chapter.
6-13 (e) Mopeds.
6-14 (f) Towable tools or equipment as defined in NRS 484.202.
6-15 (g) Any motorized conveyance for a wheelchair, whose operator is a
6-16 handicapped person not able to walk about.
6-17 2. For the purposes of this section, “motorized conveyance for a
6-18 wheelchair” means a vehicle which:
6-19 (a) Can carry a wheelchair;
6-20 (b) Is propelled by an engine which produces not more than 3 gross
6-21 brake horsepower or has a displacement of not more than 50 cubic
6-22 centimeters;
6-23 (c) Is designed to travel on not more than three wheels; and
6-24 (d) Can reach a speed of not more than 30 miles per hour on a flat
6-25 surface with not more than a grade of 1 percent in any direction.
6-26 The term does not include a tractor.
6-27 Sec. 17. NRS 482.470 is hereby amended to read as follows:
6-28 482.470 1. If any vehicle or off-road vehicle is dismantled, junked
6-29 or rendered inoperative and unfit for further use in accordance with the
6-30 original purpose for which it was constructed, the owner shall deliver to the
6-31 department any certificate of registration and certificate of ownership
6-32 issued by the department or any other jurisdiction, unless the certificate of
6-33 ownership is required for the collection of any insurance or other
6-34 indemnity for the loss of the vehicle[,] or off-road vehicle, or for transfer
6-35 in order to dispose of the vehicle[.] or off-road vehicle.
6-36 2. Any other person taking possession of a vehicle or off-road vehicle
6-37 described in subsection 1 shall immediately deliver to the department any
6-38 license plate or plates, certificate of registration or certificate of ownership
6-39 issued by the department or any other jurisdiction, if he has acquired
6-40 possession of any of these and unless the certificate of ownership is
6-41 required for a further transfer in the ultimate disposition of the vehicle[.]
6-42 or off-road vehicle.
6-43 3. The department may issue a salvage title as provided in chapter 487
6-44 of NRS. The department shall not charge a fee for the issuance of the
6-45 salvage title.
6-46 4. The department shall destroy any plate or plates, certificate of
6-47 registration or certificate of ownership that is returned in a manner
6-48 described in subsections 1 and 2. The department shall not issue a
6-49 certificate of registration or certificate of ownership for a vehicle or off-
7-1 road vehicle with the same identification number as the dismantled, junked
7-2 or inoperative vehicle or off-road vehicle if the vehicle or off-road vehicle
7-3 was manufactured in the 5 years preceding the date on which it was
7-4 dismantled, junked or otherwise rendered inoperative, unless the
7-5 department authorizes the restoration of the vehicle pursuant to subsection
7-6 2 of NRS 482.553.
7-7 Sec. 18. NRS 482.545 is hereby amended to read as follows:
7-8 482.545 It is unlawful for any person to commit any of the following
7-9 acts:
7-10 1. To operate, or for the owner thereof knowingly to permit the
7-11 operation of, upon a highway any motor vehicle, trailer or semitrailer
7-12 which is not registered or which does not have attached thereto and
7-13 displayed thereon the number of plate or plates assigned thereto by the
7-14 department for the current period of registration or calendar year, subject to
7-15 the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to
7-16 482.363, inclusive, 482.385 to 482.3965, inclusive, and 482.420.
7-17 2. To display, cause or permit to be displayed or to have in possession
7-18 any certificate of registration, license plate, certificate of ownership or
7-19 other document of title knowing it to be fictitious or to have been canceled,
7-20 revoked, suspended or altered.
7-21 3. To lend to or knowingly permit the use of by one not entitled thereto
7-22 any registration card or plate issued to the person so lending or permitting
7-23 the use thereof.
7-24 4. To fail or to refuse to surrender to the department, upon demand,
7-25 any registration card or plate which has been suspended, canceled or
7-26 revoked as provided in this chapter.
7-27 5. To use a false or fictitious name or address in any application for the
7-28 registration of any vehicle or off-road vehicle, or for any renewal or
7-29 duplicate thereof, or knowingly to make a false statement or knowingly to
7-30 conceal a material fact or otherwise commit a fraud in an application. A
7-31 violation of this subsection is a gross misdemeanor.
7-32 6. Knowingly to operate a vehicle which:
7-33 (a) Has an altered identification number or mark; or
7-34 (b) Contains a part which has an altered identification number or mark.
7-35 Sec. 19. NRS 371.020 is hereby amended to read as follows:
7-36 371.020 As used in this chapter, unless the context otherwise requires:
7-37 1. “Department” means the department of motor vehicles and public
7-38 safety.
7-39 2. “Vehicle” means any vehicle required to be registered pursuant to
7-40 the provisions of chapter 482 or 706 of NRS, except mobile homes as
7-41 defined in NRS 482.067[.] and off-road vehicles as defined in section 3
7-42 of this act.
7-43 Sec. 20. The amendatory provisions of this act do not apply to
7-44 offenses committed before January 1, 2002.
7-45 Sec. 21. 1. This section becomes effective upon passage and
7-46 approval.
7-47 2. Sections 9 and 10 of this act become effective upon passage and
7-48 approval for the purpose of adopting regulations and on January 1, 2002,
7-49 for all other purposes.
8-1 3. Sections 1 to 8, inclusive, and 11 to 20, inclusive, of this act become
8-2 effective on January 1, 2002.
8-3 H