(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 303
Senate Bill No. 303–Committee on Commerce and Labor
March 9, 2001
____________
Referred to Committee on Transportation
SUMMARY—Makes various changes relating to insurance for motor vehicles. (BDR 43‑109)
FISCAL NOTE: Effect on Local Government: No.
~
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).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 482.480 is hereby amended to read as follows:
1-2 482.480 There must be paid to the department for the registration or
1-3 the transfer or reinstatement of the registration of motor vehicles, trailers
1-4 and semitrailers, fees according to the following schedule:
1-5 1. Except as otherwise provided in this section, for each stock
1-6 passenger car and each reconstructed or specially constructed passenger car
1-7 registered to a person, regardless of weight or number of passenger
1-8 capacity, a fee for registration of $33.
1-9 2. Except as otherwise provided in subsection 3:
1-10 (a) For each of the fifth and sixth such cars registered to a person, a fee
1-11 for registration of $16.50.
1-12 (b) For each of the seventh and eighth such cars registered to a person, a
1-13 fee for registration of $12.
1-14 (c) For each of the ninth or more such cars registered to a person, a fee
1-15 for registration of $8.
1-16 3. The fees specified in subsection 2 do not apply:
1-17 (a) Unless the person registering the cars presents to the department at
1-18 the time of registration the registrations of all of the cars registered to him.
1-19 (b) To cars that are part of a fleet.
2-1 4. For every motorcycle, a fee for registration of $33 and for each
2-2 motorcycle other than a trimobile, an additional fee of $6 for motorcycle
2-3 safety. The additional fee must be deposited in the state highway fund for
2-4 credit to the account for the program for the education of motorcycle
2-5 riders.
2-6 5. For each transfer of registration, a fee of $6 in addition to any other
2-7 fees.
2-8 6. To reinstate the registration of a motor vehicle suspended pursuant
2-9 to NRS 485.317:
2-10 (a) A fee of $250 for a registered owner who failed to have insurance on
2-11 the date specified in the form for verification that was mailed by the
2-12 department pursuant to subsection [2] 3 of NRS 485.317; or
2-13 (b) A fee of $50 for a registered owner of a dormant vehicle who
2-14 canceled the insurance coverage for that vehicle or allowed the insurance
2-15 coverage for that vehicle to expire without first canceling the registration
2-16 for the vehicle in accordance with subsection 3 of
2-17 NRS 485.320,
2-18 both of which must be deposited in the account for verification of
2-19 insurance which is hereby created in the state highway fund. Money in the
2-20 account must be used to carry out the provisions of NRS 485.313 to
2-21 485.318, inclusive.
2-22 7. For every travel trailer, a fee for registration of $27.
2-23 8. For every permit for the operation of a golf cart, an annual fee of
2-24 $10.
2-25 9. For every low-speed vehicle, as that term is defined in
2-26 NRS 484.527, a fee for registration of $33.
2-27 10. To reinstate the registration of a motor vehicle that is suspended
2-28 pursuant to NRS 482.451, a fee of $33.
2-29 Sec. 2. NRS 485.185 is hereby amended to read as follows:
2-30 485.185 1. Every owner of a motor vehicle [which] that is registered
2-31 or required to be registered in this state shall continuously provide, while
2-32 the motor vehicle is present or registered in this state, insurance as
2-33 required by subsection 2.
2-34 2. Every motor vehicle that is registered or required to be registered
2-35 in this state must continuously be covered, while the motor vehicle is
2-36 present or registered in this state, by insurance:
2-37 [1.] (a) In the amount of $15,000 for bodily injury to or death of one
2-38 person in any one accident;
2-39 [2.] (b) Subject to the limit for one person, in the amount of $30,000 for
2-40 bodily injury to or death of two or more persons in any one accident; and
2-41 [3.] (c) In the amount of $10,000 for injury to or destruction of property
2-42 of others in any one accident,
2-43 for the payment of tort liabilities arising from the maintenance or use of the
2-44 motor vehicle.
2-45 Sec. 3. NRS 485.186 is hereby amended to read as follows:
2-46 485.186 1. Except as otherwise provided in [subsection 6,]
2-47 subsections 6 and 7, any natural person who is the owner of three or more
2-48 motor vehicles which are or are required to be registered in this state may
2-49 satisfy the requirements of NRS 485.185 by obtaining, in lieu of an
3-1 owner’s policy of liability insurance, an operator’s policy of liability
3-2 insurance [which] that meets the requirements of this section and NRS
3-3 485.3091.
3-4 2. An operator’s policy of liability insurance must state, in addition to
3-5 the requirements of NRS 485.3091, that:
3-6 (a) The insurer is only liable under the policy for liability incurred by
3-7 the insured while the named insured is the operator of a motor vehicle or
3-8 while a motor vehicle owned by the insured is not being operated by any
3-9 person;
3-10 (b) The policy does not provide coverage for any vicarious liability
3-11 imposed on the owner of the motor vehicle as a result of the operation by
3-12 another person of a motor vehicle owned by the insured or for any liability
3-13 imposed by NRS 41.440 or 483.300; and
3-14 (c) The coverage provided by the policy may not meet the requirements
3-15 of the financial responsibility laws of other states,
3-16 unless such extended coverage is expressly included in the policy. No
3-17 operator’s policy of liability insurance may be delivered or issued for
3-18 delivery in this state unless the insured has signed an endorsement stating
3-19 that he has read and understood the policy and its limitations.
3-20 3. An owner of a motor vehicle which is registered or required to be
3-21 registered in this state and who holds an operator’s policy of liability
3-22 insurance shall not permit another person to operate his motor vehicle if the
3-23 owner knows or should have known that the person does not have liability
3-24 insurance to cover his own operation of that motor vehicle.
3-25 4. An operator’s policy of liability insurance must not provide
3-26 coverage for damages incurred while a person other than the named
3-27 insured is operating a motor vehicle.
3-28 5. An operator’s policy of liability insurance must provide coverage
3-29 for liability incurred by the insured while a motor vehicle owned by the
3-30 insured is not being operated by any person.
3-31 6. This section does not apply to a lessor, dealer, manufacturer,
3-32 rebuilder or distributor of a motor vehicle, an owner of a fleet, a common,
3-33 contract or private motor carrier , or any other employer who owns a motor
3-34 vehicle for use in his business.
3-35 7. A natural person may not satisfy the requirements of NRS 485.185
3-36 by obtaining an operator’s policy of liability insurance in lieu of an
3-37 owner’s policy of liability insurance unless each registered owner of the
3-38 motor vehicle has obtained a policy of liability insurance for use of the
3-39 motor vehicle that meets the requirements of this chapter.
3-40 Sec. 4. NRS 485.313 is hereby amended to read as follows:
3-41 485.313 1. [The] Pursuant to the limitations set forth in
3-42 NRS 485.317, the department shall create a system for verifying that [the
3-43 owners of motor vehicles maintain the insurance] each motor vehicle
3-44 registered in this state is covered by a policy of liability insurance as
3-45 required by subsection 2 of NRS 485.185.
3-46 2. As used in this section, “motor vehicle” does not include:
3-47 (a) A golf cart, as that term is defined in NRS 482.044.
4-1 (b) A motortruck, truck tractor, bus or other vehicle that is registered
4-2 pursuant to paragraph (e) of subsection 1 of NRS 482.482 or NRS 706.801
4-3 to 706.861, inclusive.
4-4 Sec. 5. NRS 485.316 is hereby amended to read as follows:
4-5 485.316 1. Except as otherwise provided in subsections 2 and 3,
4-6 information which is maintained in the database created pursuant to
4-7 NRS 485.313 is confidential.
4-8 2. The department may only disclose information which is maintained
4-9 in the database, upon request, to a state or local governmental agency for
4-10 the purpose of enforcing NRS 485.185, including investigating or litigating
4-11 a violation or alleged violation.
4-12 3. The department may only disclose information retrieved from the
4-13 database to:
4-14 (a) A person who requests information regarding his own status;
4-15 (b) The parent or legal guardian of the person about whom the
4-16 information is requested if the person is an unemancipated minor or legally
4-17 incapacitated;
4-18 (c) A person who has a power of attorney from the person about whom
4-19 the information is requested;
4-20 (d) A person who submits a notarized release from the person about
4-21 whom the information is requested which is dated no more than 90 days
4-22 before the date of the request; or
4-23 (e) A person who has suffered a loss or injury in an accident involving a
4-24 motor vehicle , or his authorized insurer or a representative of his
4-25 authorized insurer, who requests [information] :
4-26 (1) Information for use in the accident report[.] ; and
4-27 (2) For each motor vehicle involved in the accident:
4-28 (I) The name and address of each registered owner;
4-29 (II) The name of the insurer; and
4-30 (III) The number of the policy of liability insurance.
4-31 4. A person who knowingly violates the provisions of this section is
4-32 guilty of a category D felony and shall be punished as provided in
4-33 NRS 193.130.
4-34 5. As used in this section, “authorized insurer” has the meaning
4-35 ascribed to it in NRS 679A.030.
4-36 Sec. 6. NRS 485.317 is hereby amended to read as follows:
4-37 485.317 1. [The] Subject to the limitations set forth in this
4-38 subsection and subsection 2, the department shall, at least monthly,
4-39 compare the current registrations of motor vehicles to the information in
4-40 the database created pursuant to NRS 485.313 to verify that each motor
4-41 vehicle:
4-42 (a) Which is newly registered in this state; or
4-43 (b) For which a policy of liability insurance has been issued, amended
4-44 or terminated,
4-45 is covered by a policy of liability insurance as required by subsection 2 of
4-46 NRS 485.185. In identifying a motor vehicle for verification pursuant to
4-47 this subsection, the department [shall,] may, if the motor vehicle was
4-48 manufactured during or after 1981, use only the last eight digits of the
4-49 vehicle identification number . [, in whole or in part.] In comparing the
5-1 vehicle identification number of a motor vehicle to the vehicle
5-2 identification number in a policy of liability insurance, to determine if
5-3 the two vehicle identification numbers match, the department may find
5-4 that the two vehicle identification numbers match if no fewer than seven
5-5 of the last eight digits of the two vehicle identification numbers match.
5-6 2. The department may use any information, including, without
5-7 limitation, the name of the owner of a motor vehicle, to verify, pursuant
5-8 to subsection 1, whether the motor vehicle is covered by a policy of
5-9 liability insurance as required by subsection 2 of NRS 485.185.
5-10 3. If, pursuant to subsection 1, the department determines that a
5-11 motor vehicle is not covered by a policy of liability insurance as required
5-12 by subsection 2 of NRS 485.185, the department shall send a form for
5-13 verification by first-class mail to each registered owner [that it determines
5-14 has not maintained the insurance required by NRS 485.185.] of the motor
5-15 vehicle. The owner shall complete the form with all the information which
5-16 is requested by the department, including whether he carries an owner’s or
5-17 operator’s policy of liability insurance or a certificate of self-insurance, and
5-18 return the completed form within 20 days after the date on which the form
5-19 was mailed by the department. If the department does not receive the
5-20 completed form within 20 days after it mailed the form to the owner, the
5-21 department shall send to the owner a second form for verification by
5-22 certified mail. The owner shall complete the form and return it to the
5-23 department within 15 days after the date on which it was sent by the
5-24 department. This subsection does not prohibit an authorized agent of the
5-25 owner from providing to the department:
5-26 (a) The information requested by the department pursuant to this
5-27 subsection.
5-28 (b) Additional information to amend or correct information already
5-29 submitted to the department pursuant to this subsection.
5-30 [3.] 4. When the department receives a completed form for
5-31 verification , it shall verify the information on the form.
5-32 [4.] 5. The department shall suspend the registration and require the
5-33 return to the department of the license plates of any vehicle for which:
5-34 (a) Neither of the forms for verification set forth in subsection [2] 3 is
5-35 returned to the department by the registered owner or his authorized agent
5-36 within the period specified in that subsection;
5-37 (b) Either of the forms for verification set forth in subsection [2] 3 is
5-38 returned to the department by the registered owner or his authorized agent
5-39 and the department is not able to verify the information on the form; or
5-40 (c) Either of the forms for verification set forth in subsection [2] 3 is
5-41 returned by the registered owner or his authorized agent with an admission
5-42 of having no insurance or without indicating an insurer or the number of a
5-43 motor vehicle liability policy or a certificate of self-insurance.
5-44 [5.] 6. If the department suspends a registration pursuant to subsection
5-45 [4] 5 because:
5-46 (a) Neither the owner nor his authorized agent returned a form for
5-47 verification within the specified period or the owner or his authorized agent
5-48 returned a form for verification that was not completed sufficiently, and the
5-49 owner or his authorized agent, thereafter:
6-1 (1) Proves to the satisfaction of the department that there was a
6-2 justifiable cause for his failure to do so;
6-3 (2) Submits a completed form regarding his insurance on the date
6-4 stated in the form mailed by the department pursuant to subsection [2;] 3;
6-5 and
6-6 (3) Presents evidence of current insurance; or
6-7 (b) The owner or his authorized agent submitted to the department a
6-8 form for verification containing information that the department was
6-9 unable to verify and, thereafter, the owner or his authorized agent presents
6-10 to the department:
6-11 (1) A corrected form or otherwise verifiable evidence setting forth
6-12 that the owner possessed insurance on the date stated in the form; and
6-13 (2) Evidence of current insurance,
6-14 the department shall rescind its suspension of the registration if it is able to
6-15 verify the information on the form or the other evidence presented. The
6-16 department shall not charge a fee to reinstate a registration, the suspension
6-17 of which was rescinded pursuant to this subsection. For the purposes of this
6-18 subsection, “justifiable cause” may include, but is not limited to, the fact
6-19 that the owner did not receive the form mailed by the department pursuant
6-20 to subsection [2.] 3.
6-21 [6.] 7. Except as otherwise provided in subsection [7,] 8, if a registered
6-22 owner whose registration is suspended pursuant to subsection [4,] 5, failed
6-23 to have insurance on the date specified in the form for verification, the
6-24 department shall reinstate the registration of the vehicle and reissue the
6-25 license plates only upon filing by the registered owner of evidence of
6-26 current insurance and payment of the fee for reinstatement of registration
6-27 prescribed in paragraph (a) of subsection 6 of NRS 482.480.
6-28 [7.] 8. If a registered owner proves to the satisfaction of the department
6-29 that his vehicle was a dormant vehicle during the period in which the
6-30 information provided pursuant to NRS 485.314 indicated that there was no
6-31 insurance for the vehicle, the department shall reinstate his registration and,
6-32 if applicable, reissue his license plates. If such an owner of a dormant
6-33 vehicle failed to cancel the registration for the vehicle in accordance with
6-34 subsection 3 of NRS 485.320, the department shall not reinstate his
6-35 registration or reissue his license plates unless the owner pays the fee set
6-36 forth in paragraph (b) of subsection 6 of NRS 482.480.
6-37 [8.] 9. For the purposes of verification of insurance by the department
6-38 pursuant to this section, a [registered owner shall not] motor vehicle shall
6-39 be deemed to [have failed to maintain] be covered by liability insurance
6-40 [for a motor vehicle] unless the motor vehicle is without coverage for a
6-41 period of more than 7 days.
6-42 Sec. 7. This act becomes effective on July 1, 2001.
6-43 H