(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND 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.
Effect on the State: 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 482.215 is hereby amended to read as follows:
1-2 482.215 1. All applications for registration, except applications for
1-3 renewal of registration, must be made as provided in this section.
1-4 2. Applications for all registrations, except renewals of registration,
1-5 must be made in person, if practicable, to any office or agent of the
1-6 department or to a registered dealer.
1-7 3. Each application must be made upon the appropriate form furnished
1-8 by the department and contain:
1-9 (a) The signature of the owner.
1-10 (b) His residential address.
1-11 (c) His declaration of the county where he intends the vehicle to be
1-12 based, unless the vehicle is deemed to have no base. The department shall
1-13 use this declaration to determine the county to which the governmental
1-14 services tax is to be paid.
1-15 (d) A brief description of the vehicle to be registered, including the
1-16 name of the maker, the engine, identification or serial number, whether
1-17 new or used, and the last license number, if known, and the state in which
1-18 it was issued, and upon the registration of a new vehicle, the date of sale by
1-19 the manufacturer or franchised and licensed dealer in this state for the
2-1 make to be registered to the person first purchasing or operating the
2-2 vehicle.
2-3 (e) Proof satisfactory to the department or registered dealer that the
2-4 applicant has provided the insurance required by NRS 485.185 and his
2-5 signed declaration that he will maintain the insurance during the period of
2-6 registration.
2-7 (f) If the insurance is provided by a contract of insurance, evidence of
2-8 that insurance provided by the insurer in the form of:
2-9 (1) A certificate of insurance on a form approved by the
2-10 commissioner of insurance; or
2-11 (2) A card issued pursuant to NRS 690B.023 which identifies the
2-12 vehicle and indicates, at the time of application for registration, coverage
2-13 which meets the requirements of NRS 485.185.
2-14 The department may file that evidence, return it to the applicant or
2-15 otherwise dispose of it.
2-16 (g) If required, evidence of the applicant’s compliance with controls
2-17 over emission.
2-18 4. The application must contain such other information as is required
2-19 by the department or registered dealer, and must be accompanied by proof
2-20 of ownership satisfactory to the department.
2-21 5. For purposes of the proof, declaration and evidence required by
2-22 paragraphs (e) and (f) of subsection 3:
2-23 (a) Vehicles which are subject to the fee for a license and the
2-24 requirements of registration of the Interstate Highway User Fee
2-25 Apportionment Act, and which are based in this state, may be declared as a
2-26 fleet by the registered owner thereof, on his original application for or
2-27 application for renewal of a proportional registration. The owner may file a
2-28 single certificate of insurance covering that fleet.
2-29 (b) Other fleets composed of 10 or more vehicles based in this state or
2-30 vehicles insured under a blanket policy which does not identify individual
2-31 vehicles may each be declared annually as a fleet by the registered owner
2-32 thereof for the purposes of an application for his original or any renewed
2-33 registration. The owner may file a single certificate of insurance covering
2-34 that fleet.
2-35 (c) A person who qualifies as a self-insurer pursuant to the provisions of
2-36 NRS 485.380 may file a copy of his certificate of self-insurance.
2-37 [(d) A person who qualifies for an operator’s policy of liability
2-38 insurance pursuant to the provisions of NRS 485.186 and 485.3091 may
2-39 file evidence of that insurance.]
2-40 Sec. 2. NRS 482.480 is hereby amended to read as follows:
2-41 482.480 There must be paid to the department for the registration or
2-42 the transfer or reinstatement of the registration of motor vehicles, trailers
2-43 and semitrailers, fees according to the following schedule:
2-44 1. Except as otherwise provided in this section, for each stock
2-45 passenger car and each reconstructed or specially constructed passenger car
2-46 registered to a person, regardless of weight or number of passenger
2-47 capacity, a fee for registration of $33.
2-48 2. Except as otherwise provided in subsection 3:
3-1 (a) For each of the fifth and sixth such cars registered to a person, a fee
3-2 for registration of $16.50.
3-3 (b) For each of the seventh and eighth such cars registered to a person, a
3-4 fee for registration of $12.
3-5 (c) For each of the ninth or more such cars registered to a person, a fee
3-6 for registration of $8.
3-7 3. The fees specified in subsection 2 do not apply:
3-8 (a) Unless the person registering the cars presents to the department at
3-9 the time of registration the registrations of all of the cars registered to him.
3-10 (b) To cars that are part of a fleet.
3-11 4. For every motorcycle, a fee for registration of $33 and for each
3-12 motorcycle other than a trimobile, an additional fee of $6 for motorcycle
3-13 safety. The additional fee must be deposited in the state highway fund for
3-14 credit to the account for the program for the education of motorcycle
3-15 riders.
3-16 5. For each transfer of registration, a fee of $6 in addition to any other
3-17 fees.
3-18 6. Except as otherwise provided in subsection [8] 9 of NRS 485.317,
3-19 to reinstate the registration of a motor vehicle suspended pursuant to that
3-20 section:
3-21 (a) A fee of $250 for a registered owner who failed to have insurance on
3-22 the date specified in the form for verification that was mailed by the
3-23 department pursuant to subsection [2] 3 of NRS 485.317; or
3-24 (b) A fee of $50 for a registered owner of a dormant vehicle who
3-25 canceled the insurance coverage for that vehicle or allowed the insurance
3-26 coverage for that vehicle to expire without first canceling the registration
3-27 for the vehicle in accordance with subsection 3 of
3-28 NRS 485.320,
3-29 both of which must be deposited in the account for verification of
3-30 insurance which is hereby created in the state highway fund. The money in
3-31 the account must be used to carry out the provisions of NRS 485.313 to
3-32 485.318, inclusive.
3-33 7. For every travel trailer, a fee for registration of $27.
3-34 8. For every permit for the operation of a golf cart, an annual fee of
3-35 $10.
3-36 9. For every low-speed vehicle, as that term is defined in
3-37 NRS 484.527, a fee for registration of $33.
3-38 10. To reinstate the registration of a motor vehicle that is suspended
3-39 pursuant to NRS 482.451, a fee of $33.
3-40 Sec. 3. NRS 485.055 is hereby amended to read as follows:
3-41 485.055 1. “Motor vehicle liability policy” means an owner’s policy
3-42 of liability insurance [or an operator’s policy of liability insurance] issued
3-43 by an insurer authorized to transact business in this state, to or for the
3-44 benefit of the person named therein as insured.
3-45 2. With respect to a policy which grants excess or additional coverage
3-46 over that required by NRS 485.3091, the term “motor vehicle liability
3-47 policy” applies only to that part of the coverage which is required by NRS
3-48 485.3091.
4-1 Sec. 4. NRS 485.185 is hereby amended to read as follows:
4-2 485.185 1. Every owner of a motor vehicle [which] that is registered
4-3 or required to be registered in this state shall continuously provide, while
4-4 the motor vehicle is present or registered in this state, insurance as
4-5 required by subsection 2.
4-6 2. Every motor vehicle that is registered or required to be registered
4-7 in this state must continuously be covered, while the motor vehicle is
4-8 present or registered in this state, by insurance:
4-9 [1.] (a) In the amount of $15,000 for bodily injury to or death of one
4-10 person in any one accident;
4-11 [2.] (b) Subject to the limit for one person, in the amount of $30,000 for
4-12 bodily injury to or death of two or more persons in any one accident; and
4-13 [3.] (c) In the amount of $10,000 for injury to or destruction of property
4-14 of others in any one accident,
4-15 for the payment of tort liabilities arising from the maintenance or use of the
4-16 motor vehicle.
4-17 Sec. 5. NRS 485.187 is hereby amended to read as follows:
4-18 485.187 1. Except as otherwise provided in subsection 5, the owner
4-19 of a motor vehicle shall not:
4-20 (a) Operate the motor vehicle, if it is registered or required to be
4-21 registered in this state, without having insurance as required by NRS
4-22 485.185.
4-23 (b) Operate or knowingly permit the operation of the motor vehicle
4-24 without having evidence of insurance of the operator or the vehicle in the
4-25 vehicle.
4-26 (c) Fail or refuse to surrender, upon demand, to a peace officer or to an
4-27 authorized representative of the department the evidence of insurance.
4-28 [(d) Knowingly permit the operation of the motor vehicle in violation of
4-29 subsection 3 of NRS 485.186.]
4-30 2. A person shall not operate the motor vehicle of another person
4-31 unless:
4-32 (a) He first ensures that the required evidence of insurance is present in
4-33 the motor vehicle; or
4-34 (b) He has his own evidence of insurance which covers him as the
4-35 operator of the motor vehicle.
4-36 3. Except as otherwise provided in subsection 4, any person who
4-37 violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise
4-38 provided in this subsection, in addition to any other penalty, a person
4-39 sentenced pursuant to this subsection shall be punished by a fine of not less
4-40 than $600 nor more than $1,000 for each violation. The fine must be
4-41 reduced to $100 for the first violation if the person obtains a motor vehicle
4-42 liability policy by the time of sentencing, unless:
4-43 (a) The person has registered the vehicle as part of a fleet of vehicles
4-44 pursuant to subsection 5 of NRS 482.215; or
4-45 (b) The person has been issued a certificate of self-insurance pursuant to
4-46 NRS 485.380.
4-47 4. A court:
4-48 (a) Shall not find a person guilty or fine a person for a violation of
4-49 paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if
5-1 he presents evidence to the court that the insurance required by NRS
5-2 485.185 was in effect at the time demand was made for it.
5-3 (b) Except as otherwise provided in paragraph (a), may impose a fine of
5-4 not more than $1,000 for a violation of paragraph (a), (b) or (c) of
5-5 subsection 1, and suspend the balance of the fine on the condition that the
5-6 person presents proof to the court each month for 12 months that the
5-7 insurance required by NRS 485.185 is currently in effect.
5-8 5. The provisions of paragraphs (b) and (c) of subsection 1 do not
5-9 apply if the motor vehicle in question displays a valid permit issued by the
5-10 department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS
5-11 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or
5-12 operation of that vehicle within the state for a limited time.
5-13 Sec. 6. NRS 485.308 is hereby amended to read as follows:
5-14 485.308 1. Proof of financial responsibility may be furnished by
5-15 filing with the motor vehicles branch of the department the written
5-16 certificate of any insurance carrier authorized to do business in this state
5-17 certifying that there is in effect a motor vehicle liability policy for the
5-18 benefit of the person required to furnish proof of financial responsibility.
5-19 The certificate must specify [its] the effective date of the policy and [:
5-20 (a) If the policy is an owner’s policy of liability insurance,] designate by
5-21 appropriate reference all motor vehicles covered by [it; or
5-22 (b) If] the policy . [is an operator’s policy of liability insurance,
5-23 designate the person covered.]
5-24 2. The department may authorize the filing of the certificates described
5-25 in subsection 1 by electronic transmission or any other means deemed
5-26 appropriate by the department.
5-27 3. An insurance carrier that certifies the existence of a motor vehicle
5-28 liability policy pursuant to subsection 1, must notify the motor vehicles
5-29 branch of the department at least 10 days before the cancellation or
5-30 termination of the policy.
5-31 Sec. 7. NRS 485.3091 is hereby amended to read as follows:
5-32 485.3091 1. An owner’s policy of liability insurance must:
5-33 (a) Designate by explicit description or by appropriate reference all
5-34 motor vehicles with respect to which coverage is thereby to be granted; and
5-35 (b) Insure the person named therein and any other person, as insured,
5-36 using any such motor vehicle with the express or implied permission of the
5-37 named insured, against loss from the liability imposed by law for damages
5-38 arising out of the ownership, maintenance or use of such motor vehicle
5-39 within the United States of America or the Dominion of Canada, subject to
5-40 limits exclusive of interest and costs, with respect to each such motor
5-41 vehicle, as follows:
5-42 (1) Because of bodily injury to or death of one person in any one
5-43 accident, $15,000;
5-44 (2) Subject to the limit for one person, because of bodily injury to or
5-45 death of two or more persons in any one accident, $30,000; and
5-46 (3) Because of injury to or destruction of property of others in any
5-47 one accident, $10,000.
5-48 2. [An operator’s policy of liability insurance must insure the person
5-49 named as insured therein against loss from the liability imposed upon him
6-1 by law for damages arising out of the use by him of any motor vehicle
6-2 within the same territorial limits and subject to the same limits of liability
6-3 as are set forth in paragraph (b) of subsection 1.
6-4 3.] A motor vehicle liability policy must state the name and address of
6-5 the named insured, the coverage afforded by the policy, the premium
6-6 charged therefor, the period of effectiveness and the limits of liability, and
6-7 must contain an agreement or be endorsed that insurance is provided
6-8 thereunder in accordance with the coverage defined in this chapter as
6-9 respects bodily injury and death or property damage, or both, and is subject
6-10 to all the provisions of this chapter.
6-11 [4.] 3. A motor vehicle liability policy need not insure any liability
6-12 under any workmen’s compensation law nor any liability on account of
6-13 bodily injury to or death of an employee of the insured while engaged in
6-14 the employment, other than domestic, of the insured, or while engaged in
6-15 the operation, maintenance or repair of any motor vehicle owned by the
6-16 insured nor any liability for damage to property owned by, rented to, in
6-17 charge of or transported by the insured.
6-18 [5.] 4. Every motor vehicle liability policy is subject to the following
6-19 provisions which need not be contained therein:
6-20 (a) The liability of the insurance carrier with respect to the insurance
6-21 required by this chapter becomes absolute whenever injury or damage
6-22 covered by the policy occurs. The policy may not be canceled or annulled
6-23 as to such liability by any agreement between the insurance carrier and the
6-24 insured after the occurrence of the injury or damage. No statement made by
6-25 the insured or on his behalf and no violation of the policy defeats or voids
6-26 the policy.
6-27 (b) The satisfaction by the insured of a judgment for injury or damage is
6-28 not a condition precedent to the right or duty of the insurance carrier to
6-29 make payment on account of the injury or damage.
6-30 (c) The insurance carrier may settle any claim covered by the policy,
6-31 and if such a settlement is made in good faith, the amount thereof is
6-32 deductible from the limits of liability specified in paragraph (b) of
6-33 subsection 1.
6-34 (d) The policy, the written application therefor, if any, and any rider or
6-35 endorsement which does not conflict with the provisions of this chapter
6-36 constitute the entire contract between the parties.
6-37 [6.] 5. Any policy which grants the coverage required for a motor
6-38 vehicle liability policy may also grant any lawful coverage in excess of or
6-39 in addition to the coverage specified for a motor vehicle liability policy,
6-40 and the excess or additional coverage is not subject to the provisions of this
6-41 chapter.
6-42 [7.] 6. Any motor vehicle liability policy may provide for the
6-43 prorating of the insurance thereunder with other valid and collectible
6-44 insurance.
6-45 [8.] 7. The requirements for a motor vehicle liability policy may be
6-46 fulfilled by the policies of one or more insurance carriers, which policies
6-47 together meet those requirements.
6-48 [9.] 8. Any binder issued pending the issuance of a motor vehicle
6-49 liability policy shall be deemed to fulfill the requirements for such a policy.
7-1 Sec. 8. NRS 485.313 is hereby amended to read as follows:
7-2 485.313 1. [The] Pursuant to the limitations set forth in
7-3 NRS 485.317, the department shall create a system for verifying that [the
7-4 owners of motor vehicles maintain the insurance] each motor vehicle
7-5 registered in this state is covered by a policy of liability insurance as
7-6 required by subsection 2 of NRS 485.185.
7-7 2. As used in this section, “motor vehicle” does not include:
7-8 (a) A golf cart, as that term is defined in NRS 482.044.
7-9 (b) A motortruck, truck tractor, bus or other vehicle that is registered
7-10 pursuant to paragraph (e) of subsection 1 of NRS 482.482 or NRS 706.801
7-11 to 706.861, inclusive.
7-12 Sec. 9. NRS 485.316 is hereby amended to read as follows:
7-13 485.316 1. Except as otherwise provided in subsections 2 and 3,
7-14 information which is maintained in the database created pursuant to
7-15 NRS 485.313 is confidential.
7-16 2. The department may only disclose information which is maintained
7-17 in the database, upon request, to a state or local governmental agency for
7-18 the purpose of enforcing NRS 485.185, including investigating or litigating
7-19 a violation or alleged violation.
7-20 3. The department may only disclose information retrieved from the
7-21 database to:
7-22 (a) A person who requests information regarding his own status;
7-23 (b) The parent or legal guardian of the person about whom the
7-24 information is requested if the person is an unemancipated minor or legally
7-25 incapacitated;
7-26 (c) A person who has a power of attorney from the person about whom
7-27 the information is requested;
7-28 (d) A person who submits a notarized release from the person about
7-29 whom the information is requested which is dated no more than 90 days
7-30 before the date of the request; or
7-31 (e) A person who has suffered a loss or injury in an accident involving a
7-32 motor vehicle , or his authorized insurer or a representative of his
7-33 authorized insurer, who requests [information] :
7-34 (1) Information for use in the accident report[.] ; and
7-35 (2) For each motor vehicle involved in the accident:
7-36 (I) The name and address of each registered owner;
7-37 (II) The name of the insurer; and
7-38 (III) The number of the policy of liability insurance.
7-39 4. A person who knowingly violates the provisions of this section is
7-40 guilty of a category D felony and shall be punished as provided in
7-41 NRS 193.130.
7-42 5. As used in this section, “authorized insurer” has the meaning
7-43 ascribed to it in NRS 679A.030.
7-44 Sec. 10. NRS 485.317 is hereby amended to read as follows:
7-45 485.317 1. [The] Subject to the limitations set forth in this
7-46 subsection and subsection 2, the department shall, at least monthly,
7-47 compare the current registrations of motor vehicles to the information in
7-48 the database created pursuant to NRS 485.313 to verify that each motor
7-49 vehicle:
8-1 (a) Which is newly registered in this state; or
8-2 (b) For which a policy of liability insurance has been issued, amended
8-3 or terminated,
8-4 is covered by a policy of liability insurance as required by subsection 2 of
8-5 NRS 485.185. In identifying a motor vehicle for verification pursuant to
8-6 this subsection, the department [shall,] may, if the motor vehicle was
8-7 manufactured during or after 1981, use only the last eight digits of the
8-8 vehicle identification number . [, in whole or in part.] In comparing the
8-9 vehicle identification number of a motor vehicle to the vehicle
8-10 identification number in a policy of liability insurance, to determine if
8-11 the two vehicle identification numbers match, the department may find
8-12 that the two vehicle identification numbers match if no fewer than seven
8-13 of the last eight digits of the two vehicle identification numbers match.
8-14 2. [The] Except as otherwise provided in this subsection, the
8-15 department may use any information to verify, pursuant to subsection 1,
8-16 whether the motor vehicle is covered by a policy of liability insurance as
8-17 required by subsection 2 of NRS 485.185. The department may not use
8-18 the name of the owner of a motor vehicle as the primary means of
8-19 verifying that a motor vehicle is covered by a policy of liability insurance.
8-20 3. If, pursuant to subsection 1, the department determines that a
8-21 motor vehicle is not covered by a policy of liability insurance as required
8-22 by subsection 2 of NRS 485.185, the department shall send a form for
8-23 verification by first-class mail to each registered owner [that it determines
8-24 has not maintained the insurance required by NRS 485.185.] of the motor
8-25 vehicle. The owner shall complete the form with all the information which
8-26 is requested by the department, including whether he carries an owner’s [or
8-27 operator’s] policy of liability insurance or a certificate of self-insurance,
8-28 and return the completed form within 20 days after the date on which the
8-29 form was mailed by the department. If the department does not receive the
8-30 completed form within 20 days after it mailed the form to the owner, the
8-31 department shall send to the owner a second form for verification by
8-32 certified mail. The owner shall complete the form and return it to the
8-33 department within 15 days after the date on which it was sent by the
8-34 department. This subsection does not prohibit an authorized agent of the
8-35 owner from providing to the department:
8-36 (a) The information requested by the department pursuant to this
8-37 subsection.
8-38 (b) Additional information to amend or correct information already
8-39 submitted to the department pursuant to this subsection.
8-40 [3.] 4. When the department receives a completed form for
8-41 verification , it shall verify the information on the form.
8-42 [4.] 5. The department shall suspend the registration and require the
8-43 return to the department of the license plates of any vehicle for which:
8-44 (a) Neither of the forms for verification set forth in subsection [2] 3 is
8-45 returned to the department by the registered owner or his authorized agent
8-46 within the period specified in that subsection;
8-47 (b) Either of the forms for verification set forth in subsection [2] 3 is
8-48 returned to the department by the registered owner or his authorized agent
8-49 and the department is not able to verify the information on the form; or
9-1 (c) Either of the forms for verification set forth in subsection [2] 3 is
9-2 returned by the registered owner or his authorized agent with an admission
9-3 of having no insurance or without indicating an insurer or the number of a
9-4 motor vehicle liability policy or a certificate of self-insurance.
9-5 [5.] 6. If the department suspends a registration pursuant to subsection
9-6 [4] 5 because:
9-7 (a) Neither the owner nor his authorized agent returned a form for
9-8 verification within the specified period or the owner or his authorized agent
9-9 returned a form for verification that was not completed sufficiently, and the
9-10 owner or his authorized agent, thereafter:
9-11 (1) Proves to the satisfaction of the department that there was a
9-12 justifiable cause for his failure to do so;
9-13 (2) Submits a completed form regarding his insurance on the date
9-14 stated in the form mailed by the department pursuant to subsection [2;] 3;
9-15 and
9-16 (3) Presents evidence of current insurance; or
9-17 (b) The owner or his authorized agent submitted to the department a
9-18 form for verification containing information that the department was
9-19 unable to verify and, thereafter, the owner or his authorized agent presents
9-20 to the department:
9-21 (1) A corrected form or otherwise verifiable evidence setting forth
9-22 that the owner possessed insurance on the date stated in the form; and
9-23 (2) Evidence of current insurance,
9-24 the department shall rescind its suspension of the registration if it is able to
9-25 verify the information on the form or the other evidence presented. The
9-26 department shall not charge a fee to reinstate a registration, the suspension
9-27 of which was rescinded pursuant to this subsection. For the purposes of this
9-28 subsection, “justifiable cause” may include, but is not limited to, the fact
9-29 that the owner did not receive the form mailed by the department pursuant
9-30 to subsection [2.] 3.
9-31 [6.] 7. Except as otherwise provided in [subsection 7,] subsections 8
9-32 and 9, if a registered owner whose registration is suspended pursuant to
9-33 subsection [4,] 5, failed to have insurance on the date specified in the form
9-34 for verification, the department shall reinstate the registration of the vehicle
9-35 and reissue the license plates only upon filing by the registered owner of
9-36 evidence of current insurance and payment of the fee for reinstatement of
9-37 registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.
9-38 [7.] 8. If a registered owner proves to the satisfaction of the department
9-39 that his vehicle was a dormant vehicle during the period in which the
9-40 information provided pursuant to NRS 485.314 indicated that there was no
9-41 insurance for the vehicle, the department shall reinstate his registration and,
9-42 if applicable, reissue his license plates. If such an owner of a dormant
9-43 vehicle failed to cancel the registration for the vehicle in accordance with
9-44 subsection 3 of NRS 485.320, the department shall not reinstate his
9-45 registration or reissue his license plates unless the owner pays the fee set
9-46 forth in paragraph (b) of subsection 6 of NRS 482.480.
9-47 [8.] 9. If the department suspends the registration of a motor vehicle
9-48 pursuant to subsection 4 because the registered owner of the motor vehicle
9-49 failed to have insurance on the date specified in the form for verification,
10-1 and if the registered owner, in accordance with regulations adopted by the
10-2 department, proves to the satisfaction of the department that he was unable
10-3 to comply with the provisions of NRS 485.185 on that date because of
10-4 extenuating circumstances, the department may:
10-5 (a) Reinstate the registration of the motor vehicle and reissue the license
10-6 plates upon payment by the registered owner of a fee of $50, which must
10-7 be deposited in the account for verification of insurance created by
10-8 subsection 6 of NRS 482.480; or
10-9 (b) Rescind the suspension of the registration without the payment of a
10-10 fee.
10-11 The department shall adopt regulations to carry out the provisions of this
10-12 subsection.
10-13 10. For the purposes of verification of insurance by the department
10-14 pursuant to this section, a [registered owner shall not] motor vehicle shall
10-15 be deemed to [have failed to maintain] be covered by liability insurance
10-16 [for a motor vehicle] unless the motor vehicle is without coverage for a
10-17 period of more than 7 days.
10-18 Sec. 11. NRS 690B.020 is hereby amended to read as follows:
10-19 690B.020 1. Except as otherwise provided in this section , [and NRS
10-20 690B.035,] no policy insuring against liability arising out of the ownership,
10-21 maintenance or use of any motor vehicle may be delivered or issued for
10-22 delivery in this state unless coverage is provided therein or supplemental
10-23 thereto for the protection of persons insured thereunder who are legally
10-24 entitled to recover damages, from owners or operators of uninsured or hit-
10-25 and-run motor vehicles, for bodily injury, sickness or disease, including
10-26 death, resulting from the ownership, maintenance or use of the uninsured
10-27 or hit-and-run motor vehicle. No such coverage is required in or
10-28 supplemental to a policy issued to the State of Nevada or any political
10-29 subdivision thereof, or where rejected in writing, on a form furnished by
10-30 the insurer describing the coverage being rejected, by an insured named
10-31 therein, or upon any renewal of such a policy unless the coverage is then
10-32 requested in writing by the named insured. The coverage required in this
10-33 section may be referred to as “uninsured vehicle coverage.”
10-34 2. The amount of coverage to be provided must be not less than the
10-35 minimum limits for liability insurance for bodily injury provided for under
10-36 chapter 485 of NRS, but may be in an amount not to exceed the coverage
10-37 for bodily injury purchased by the policyholder.
10-38 3. For the purposes of this section , the term “uninsured motor vehicle”
10-39 means a motor vehicle:
10-40 (a) With respect to which there is not available at the department of
10-41 motor vehicles and public safety evidence of financial responsibility as
10-42 required by chapter 485 of NRS;
10-43 (b) With respect to the ownership, maintenance or use of which there is
10-44 no liability insurance for bodily injury or bond applicable at the time of the
10-45 accident [,] or, to the extent of such deficiency, any liability insurance for
10-46 bodily injury or bond in force is less than the amount required by NRS
10-47 485.210;
11-1 (c) With respect to the ownership, maintenance or use of which the
11-2 company writing any applicable liability insurance for bodily injury or
11-3 bond denies coverage or is insolvent;
11-4 (d) Used without the permission of its owner if there is no liability
11-5 insurance for bodily injury or bond applicable to the operator;
11-6 (e) Used with the permission of its owner who has insurance which does
11-7 not provide coverage for the operation of the motor vehicle by any person
11-8 other than the owner if there is no liability insurance for bodily injury or
11-9 bond applicable to the operator; or
11-10 (f) The owner or operator of which is unknown or after reasonable
11-11 diligence cannot be found if:
11-12 (1) The bodily injury or death has resulted from physical contact of
11-13 the automobile with the named insured or the person claiming under him or
11-14 with an automobile which the named insured or such a person is
11-15 occupying; and
11-16 (2) The named insured or someone on his behalf has reported the
11-17 accident within the time required by NRS 484.223, 484.225 or 484.227 to
11-18 the police department of the city where it occurred, or if it occurred in an
11-19 unincorporated area, to the sheriff of the county or to the Nevada highway
11-20 patrol.
11-21 4. For the purposes of this section , the term “uninsured motor vehicle”
11-22 also includes, subject to the terms and conditions of coverage, an insured
11-23 other motor vehicle where:
11-24 (a) The liability insurer of the other motor vehicle is unable because of
11-25 its insolvency to make payment with respect to the legal liability of its
11-26 insured within the limits specified in its policy;
11-27 (b) The occurrence out of which legal liability arose took place while
11-28 the uninsured vehicle coverage required under paragraph (a) was in effect;
11-29 and
11-30 (c) The insolvency of the liability insurer of the other motor vehicle
11-31 existed at the time of, or within 2 years after, the occurrence.
11-32 Nothing contained in this subsection prevents any insurer from providing
11-33 protection from insolvency to its insureds under more favorable terms.
11-34 5. If payment is made to any person under uninsured vehicle coverage,
11-35 and subject to the terms of the coverage [,] to the extent of such payment ,
11-36 the insurer is entitled to the proceeds of any settlement or recovery from
11-37 any person legally responsible for the bodily injury as to which payment
11-38 was made, and to amounts recoverable from the assets of the insolvent
11-39 insurer of the other motor vehicle.
11-40 6. A vehicle involved in a collision which results in bodily injury or
11-41 death shall be presumed to be an uninsured motor vehicle if no evidence of
11-42 financial responsibility is supplied to the department of motor vehicles and
11-43 public safety in the manner required by chapter 485 of NRS within 60 days
11-44 after the collision occurs.
11-45 Sec. 12. NRS 485.186 and 690B.035 are hereby repealed.
11-46 Sec. 13. 1. This section and sections 4 and 9 of this act become
11-47 effective on July 1, 2001.
11-48 2. Sections 1, 2, 3, 5 to 8, inclusive, 10, 11 and 12 of this act become
11-49 effective on January 1, 2002.
12-1 TEXT OF REPEALED SECTIONS
12-2 485.186 Natural person may obtain operator’s policy of liability
12-3 insurance; exceptions.
12-4 1. Except as otherwise provided in subsection 6, any natural person
12-5 may satisfy the requirements of NRS 485.185 by obtaining, in lieu of an
12-6 owner’s policy of liability insurance, an operator’s policy of liability
12-7 insurance which meets the requirements of this section and NRS
12-8 485.3091.
12-9 2. An operator’s policy of liability insurance must state, in addition to
12-10 the requirements of NRS 485.3091, that:
12-11 (a) The insurer is only liable under the policy for liability incurred by
12-12 the insured while the named insured is the operator of a motor vehicle or
12-13 while a motor vehicle owned by the insured is not being operated by any
12-14 person;
12-15 (b) The policy does not provide coverage for any vicarious liability
12-16 imposed on the owner of the motor vehicle as a result of the operation by
12-17 another person of a motor vehicle owned by the insured or for any liability
12-18 imposed by NRS 41.440 or 483.300; and
12-19 (c) The coverage provided by the policy may not meet the requirements
12-20 of the financial responsibility laws of other states,
12-21 unless such extended coverage is expressly included in the policy. No
12-22 operator’s policy of liability insurance may be delivered or issued for
12-23 delivery in this state unless the insured has signed an endorsement stating
12-24 that he has read and understood the policy and its limitations.
12-25 3. An owner of a motor vehicle which is registered or required to be
12-26 registered in this state and who holds an operator’s policy of liability
12-27 insurance shall not permit another person to operate his motor vehicle if
12-28 the owner knows or should have known that the person does not have
12-29 liability insurance to cover his own operation of that motor vehicle.
12-30 4. An operator’s policy of liability insurance must not provide
12-31 coverage for damages incurred while a person other than the named
12-32 insured is operating a motor vehicle.
12-33 5. An operator’s policy of liability insurance must provide coverage
12-34 for liability incurred by the insured while a motor vehicle owned by the
12-35 insured is not being operated by any person.
12-36 6. This section does not apply to a lessor, dealer, manufacturer,
12-37 rebuilder or distributor of a motor vehicle, an owner of a fleet, a common,
12-38 contract or private motor carrier or any other employer who owns a motor
12-39 vehicle for use in his business.
12-40 690B.035 Policy covering damage to one or more of operator’s
12-41 vehicles. An insurer may issue to a holder of an operator’s policy of
12-42 liability insurance a policy covering damage to one or more of the
12-43 operator’s vehicles. The policy is not required to provide liability
12-44 insurance or uninsured vehicle coverage.
12-45 H