Senate Bill No. 363–Senator Titus

 

March 17, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Exempts electric personal assistive mobility devices from regulation as motor vehicles. (BDR 43‑837)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to regulation of motor vehicles; exempting electric personal assistive mobility devices from regulation as motor vehicles; including persons on such devices or in wheelchairs within the definition of “pedestrian” for the purposes of traffic laws; 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

1-2  thereto a new section to read as follows:

1-3  “Electric personal assistive mobility device” means a self-

1-4  balancing, two nontandem wheeled device, designed to transport

1-5  only one person, with an electric propulsion system that limits the

1-6  maximum speed of the device to 15 miles per hour or less.

1-7  Sec. 2.  NRS 482.135 is hereby amended to read as follows:

1-8  482.135  [1.] “Vehicle” means every device in, upon or by

1-9  which any person or property is or may be transported or drawn

1-10  upon a public highway, [excepting devices] except:

1-11      1.  Devices moved by human power or used exclusively upon

1-12  stationary rails or tracks[.

1-13      2.  The term does not include mobile] ;

1-14      2.  Mobile homes or commercial coaches as defined in chapter

1-15  489 of NRS[.] ; and

1-16      3.  Electric personal assistive mobility devices.

2-1  Sec. 3.  NRS 483.190 is hereby amended to read as follows:

2-2  483.190  “Vehicle” means every device in, upon[,] or by which

2-3  any person or property is or may be transported or drawn upon a

2-4  public highway, [excepting devices] except:

2-5  1.  Devices moved by human power or used exclusively upon

2-6  stationary rails or tracks[.] ; and

2-7  2.  Electric personal assistive mobility devices as defined in

2-8  section 1 of this act.

2-9  Sec. 4.  NRS 484.111 is hereby amended to read as follows:

2-10      484.111  “Pedestrian” means [any] a person afoot[.] , a person

2-11  in a manual or motorized wheelchair, or a person on an electric

2-12  personal assistive mobility device as defined in section 1 of this

2-13  act.

2-14      Sec. 5.  NRS 484.217 is hereby amended to read as follows:

2-15      484.217  “Vehicle” means every device in, upon or by which

2-16  any person or property is or may be transported or drawn upon a

2-17  highway, except [devices] :

2-18      1.  Devices moved by human power or used exclusively upon

2-19  stationary rails[.] ; and

2-20      2.  Electric personal assistive mobility devices as defined in

2-21  section 1 of this act.

2-22      Sec. 6.  NRS 485.050 is hereby amended to read as follows:

2-23      485.050  “Motor vehicle” means every self-propelled vehicle

2-24  which is designed for use upon a highway, including [trailers] :

2-25      1.  Trailers and semitrailers designed for use with such vehicles

2-26  , [(]except traction engines, road rollers, farm tractors, tractor

2-27  cranes, power shovels and well drillers[), and every] ; and

2-28      2.  Every vehicle which is propelled by electric power obtained

2-29  from overhead wires but not operated upon rails.

2-30  The term does not include electric personal assistive mobility

2-31  devices as defined in section 1 of this act.

2-32      Sec. 7.  NRS 100.095 is hereby amended to read as follows:

2-33      100.095  As used in NRS 100.095 to 100.175, inclusive:

2-34      1.  “Commercial vehicle lease” means a bailment or lease of a

2-35  single vehicle by a person for a period of more than 4 months for a

2-36  total contractual obligation not exceeding $25,000, primarily for

2-37  business or commercial purposes, whether or not the lessee has the

2-38  option to purchase or otherwise become the owner of the vehicle at

2-39  the termination or expiration of the lease. The term includes a

2-40  bailment or lease where the lessee becomes or may become owner

2-41  of the vehicle by payment to the lessor of an amount which is

2-42  substantially equal to the residual value or the unamortized

2-43  capitalized cost, if the payment is not nominal. The term does not

2-44  include a bailment or lease where the lessee contracts to pay as

2-45  compensation for use of the vehicle a sum substantially equivalent

3-1  to or in excess of the capitalized cost of the vehicle and it is agreed

3-2  that the lessee may become the owner for no other consideration or

3-3  for a nominal consideration.

3-4  2.  “Person” includes any governmental entity.

3-5  3.  “Vehicle” means every device in, upon or by which any

3-6  person or property is or may be transported upon a public highway,

3-7  except devices:

3-8  (a) Moved by human power;

3-9  (b) Used exclusively upon stationary rails or tracks; or

3-10      (c) Having a gross vehicle weight of more than 10,000 pounds,

3-11  exclusive of the weight of any slide-in camper as defined in NRS

3-12  482.113 which may be on it.

3-13  The term does not include electric personal assistive mobility

3-14  devices as defined in section 1 of this act.

3-15      4.  “Vehicle lease” means a bailment or lease of a single vehicle

3-16  by a person for a period of more than 4 months where the lessee’s

3-17  obligation upon termination or expiration of the lease is based on the

3-18  excess of the unamortized capitalized cost of the vehicle over its

3-19  residual value as established pursuant to the provisions of NRS

3-20  100.145. The term includes a bailment or lease where the lessee

3-21  becomes or may become owner of the vehicle by payment to the

3-22  lessor of an amount which is substantially equal to the residual value

3-23  or the unamortized capitalized cost, if the payment is not nominal.

3-24      Sec. 8.  NRS 444A.017 is hereby amended to read as follows:

3-25      444A.017  “Vehicle” means any device in, upon or by which

3-26  any person or property is or may be transported or drawn upon land.

3-27  The term does not include:

3-28      1.  Devices moved by human or electrical power;

3-29      2.  Commercial coaches as defined in NRS 489.062;

3-30      3.  Electric personal assistive mobility devices as defined in

3-31  section 1 of this act; and

3-32      [3.] 4.  Mobile homes as defined in NRS 489.120.

3-33      Sec. 9.  NRS 445B.745 is hereby amended to read as follows:

3-34      445B.745  “Motor vehicle” means every self-propelled vehicle

3-35  in, upon or by which any person or property is or may be

3-36  transported or drawn upon a public highway except [devices] :

3-37      1.  Devices moved by human or animal power or used

3-38  exclusively on stationary rails[.] ; and

3-39      2.  Electric personal assistive mobility devices as defined in

3-40  section 1 of this act.

3-41      Sec. 10.  NRS 646.006 is hereby amended to read as follows:

3-42      646.006  “Motor vehicle” means any self-propelled vehicle that

3-43  is used upon a highway, but not operated on rails, for the purpose of

3-44  transporting persons or property. The term does not include electric

4-1  personal assistive mobility devices as defined in section 1 of this

4-2  act.

4-3  Sec. 11.  NRS 647.0191 is hereby amended to read as follows:

4-4  647.0191  1.  A junk dealer or secondhand dealer may not, as

4-5  part of his business as a junk dealer or secondhand dealer, buy a

4-6  motor vehicle from a person and sell the motor vehicle to the same

4-7  person.

4-8  2.  As used in this section, “motor vehicle” means any self-

4-9  propelled vehicle that is used upon a highway, but not operated on

4-10  rails, for the purpose of transporting persons or property. The term

4-11  does not include electric personal assistive mobility devices as

4-12  defined in section 1 of this act.

4-13      Sec. 12.  NRS 706.146 is hereby amended to read as follows:

4-14      706.146  “Vehicle” means every device in, upon or by which

4-15  any person or property is or may be transported or drawn upon a

4-16  highway, except devices moved by human power or used

4-17  exclusively upon stationary rails. The term does not include electric

4-18  personal assistive mobility devices as defined in section 1 of this

4-19  act.

 

 

4-20  H