[Rev. 1/12/2009 9:35:03 AM]
CHAPTER 483 - DRIVERS’ LICENSES; DRIVING SCHOOLS AND DRIVING INSTRUCTORS
GENERAL PROVISIONS
483.010 Definitions.
483.020 Information.
PROOF OF IDENTIFYING INFORMATION FOR DRIVERS’ LICENSES AND IDENTIFICATION CARDS
483.050 Documentation required for proof of name and age of applicant; unacceptable documents.
483.055 Documentation required for change of name; appearance of new name.
483.060 Documentation required for change of social security number.
483.065 Documentation required for change of date of birth.
483.070 Documentation required for change of gender.
483.075 Procedures for issuance of changed driver’s license or identification card.
RENEWAL OF IDENTIFICATION CARDS BY MAIL
Persons Residing in State
483.080 “Certificate of renewal” defined.
483.081 Applicability of provisions.
483.082 Notice of expiration of identification card.
483.083 Application for renewal.
483.084 Issuance of certificate of renewal; ineligibility.
483.085 Denial of application and renewal in person.
483.086 Failure to receive certificate of renewal from Department.
483.087 Period of validity of identification card renewed by mail; loss, theft or destruction of certificate of renewal.
Persons Temporarily Residing Outside of State
483.090 Applicability of provisions.
483.091 Application or letter of request for renewal; action by Department.
483.092 Verification of identity of applicant.
483.093 Determination of eligibility.
483.094 Failure to receive identification card from Department; application for duplicate identification card.
CLASSIFICATION OF LICENSES AND CERTIFICATION OF DRIVING ABILITY
General Provisions
483.100 “Highway” defined.
483.110 Drivers’ licenses: Classifications; miscellaneous restrictions and endorsements.
483.120 Exceptions for eye and written examinations.
Commercial Drivers’ Licenses: Certification at School for Training Drivers
483.121 Definitions.
483.1212 “Driving skills test” defined.
483.1214 “School for training drivers” defined.
483.1216 “Student” defined.
483.1218 “Third-party certifier” defined.
483.122 Applicability of provisions.
483.1222 Affidavit of certification of driving ability: Acceptance by Department in lieu of driving skills test.
483.1224 Third-party certifier: Eligibility; scope of authority; assignment of number by Department.
483.1226 Registration of third-party certifier: Application; evaluations and inspections by Department; notification of denial of application; reapplication.
483.1228 Required notifications; insufficient number of vehicles; inspections of vehicles; renewal of registration of third-party certifier; recertification course.
483.123 Monitoring, inspections and reports by Department; correction of deficiencies; actions regarding licensing of third-party certifier or operator of school.
483.1232 Instruction and certification of driving ability of students; records of third-party certifier and school.
483.1234 Guarantee of issuance of license to student prohibited.
483.1236 Revocation, suspension or refusal to renew registration of third-party certifier: Authority of Department; reapplication after revocation; hearing.
Commercial Drivers’ Licenses: Certification at Place of Employment
483.124 Definitions.
483.1242 “Driving skills test” defined.
483.1244 “Employer” defined.
483.1246 “Third-party certifier” defined.
483.125 Applicability of provisions.
483.130 Affidavit of certification of driving ability: Acceptance by Department in lieu of driving skills test.
483.140 Third-party certifier: Eligibility; scope of authority; assignment of number by Department.
483.150 Registration of third-party certifier: Application; evaluations and inspections by Department; notification of denial of application; reapplication.
483.160 Required notifications; inspections of vehicles; renewal of registration of third-party certifier; recertification course.
483.170 Monitoring, inspections and reports by Department; correction of deficiencies.
483.180 Third-party certifier: Instruction and certification of driving ability of employee; records.
483.183 Revocation, suspension or refusal to renew registration of third-party certifier: Authority of Department; reapplication after revocation; hearing.
Noncommercial Drivers’ Licenses
483.185 “Third-party certifier” defined.
483.186 Applicability of provisions.
483.188 Affidavit of driving ability: Acceptance by Department in lieu of demonstration of driving skills.
483.190 Third-party certifier: Eligibility; scope of authority; assignment of number by Department.
483.191 Registration of third-party certifier: Application; evaluations and inspections by Department; notification of denial of application; reapplication.
483.192 Required notifications; renewal of registration of third-party certifier; recertification course.
483.194 Monitoring by Department; correction of deficiencies.
483.196 Third-party certifier: Instruction and certification of driving ability of person; records.
483.197 Revocation of registration of third-party certifier: Authority of Department; reapplication after revocation; hearing.
LICENSES FOR INTERNATIONAL STUDENTS OR INSTRUCTORS
483.198 Definitions.
483.1982 Application.
483.1984 Fee for extension.
483.1986 Restriction.
RESTRICTED LICENSES
Licenses Issued During Period of Suspension or Revocation of Drivers’ Licenses
483.200 Application; additional documentation required under certain circumstances.
483.210 Factors for determining whether to issue license.
483.220 Restrictions on issuance of license.
483.225 Cancellation of license.
483.240 Prerequisites to issuance of license; contents; transfer prohibited.
483.245 Satisfaction of conditions for reinstatement of revoked or suspended driver’s license.
483.250 Denial of license.
483.252 Restrictions on use of license.
483.254 Persons ineligible to receive license.
Licenses Issued to Persons With Medical Hardship in Family or for Transportation to School
483.265 Application: Form; submission; contents.
483.266 Application for license for person with medical hardship in family.
483.267 Application for license for transportation to school.
483.268 Examinations.
483.269 Factors for determining whether to issue license.
483.270 Denial of license: Grounds.
483.271 Denial of license: Additional grounds for license for transportation to school.
483.272 Denial of license: Notification by certified mail; appeal.
483.273 Contents of license; expiration.
483.274 Restrictions on use of license.
483.275 Renewal of license prohibited; requirements for extension of license; examinations not required under certain circumstances.
483.276 Cancellation of license.
PHYSICAL AND MENTAL DISABILITIES AND RESTRICTIONS ON LICENSES
General Provisions
483.280 Definitions.
483.285 “Carrier lens” defined.
483.290 “Field of vision” defined.
483.295 “Telescopic device” defined.
483.300 Sources of information regarding disabilities.
483.310 Examination of applicant or licensee.
483.320 Revocation, suspension, cancellation and voluntary surrender of license.
483.330 Persons required to submit medical reports; no fee for imposition of medically related restriction.
483.340 Vision screening standards.
483.350 Medically related restrictions.
483.360 Restrictions not medically related.
483.365 Additional restrictions.
483.370 Denial of license: Physical or mental conditions.
483.380 Medical Advisory Board.
483.390 Hearings.
483.400 Reinstatement of license or issuance after denial; submission of information regarding hazard to public welfare.
Telescopic Devices
483.405 License to operate motor vehicle while wearing device: Application; report from physician or optometrist.
483.410 License to operate motor vehicle while wearing device: Requirements for eligibility.
483.415 License to operate motor vehicle while wearing device: Restrictions.
RENEWAL OF LICENSES BY MAIL
Persons Residing in State
483.420 “Renewal sticker” defined.
483.423 Applicability of provisions.
483.425 Determination and notification of eligibility.
483.430 Ineligibility.
483.435 Application for renewal.
483.440 Denial of application and renewal in person; exemption from certain examinations.
483.445 Renewal sticker: Issuance; use; expiration of license.
483.451 Renewal sticker: Failure to receive from Department.
483.455 Period of validity of license renewed by mail; loss, theft or destruction of renewal sticker.
Persons Temporarily Residing Outside of State
483.456 Applicability of provisions.
483.4565 Application or letter of request for renewal; action by Department.
483.457 Verification of identity of applicant.
483.4575 Determination of eligibility.
483.458 Requirements for written test.
483.4585 Late fee.
483.459 Requests by Department for additional information.
483.4595 Failure to receive license from Department; application for duplicate license.
CANCELLATION, SUSPENSION, REVOCATION AND VOLUNTARY SURRENDER OF LICENSES
483.461 “Withdrawn” defined.
483.465 Fee for reinstatement not required under certain circumstances; additional fees for renewal or adding endorsement at time of reinstatement.
483.471 Reinstatement: Waiver of certain tests.
483.475 Reinstatement: Administration of certain tests.
483.478 Reinstatement: Requirements.
483.480 Termination or rescission of action to withdraw license or award of credit against period of revocation.
483.485 Voluntary surrender of license: Contents of form; license deemed surrendered under certain circumstances.
483.490 Voluntary surrender of license: Cancellation of driving privileges; issuance of identification card.
483.495 Requirements for obtaining new license after cancellation of minor’s license or voluntary surrender of license; reissuance of voluntarily surrendered license.
DEMERIT POINTS
483.500 Use of demerit points.
483.510 Number of points assessed.
483.530 Release of information.
INTERJURISDICTIONAL EXCHANGE OF DRIVING RECORDS
483.550 Definitions.
483.555 Adoption by reference of certain provisions of Code of Federal Regulations; report of certain offenses to National Driver Register.
483.560 Adoption by reference of certain provisions of National Driver Register Act of 1982.
483.565 Denial or refusal to issue license under certain circumstances.
LICENSES FOR SPECIAL INVESTIGATIONS
483.700 Return of licenses.
SCHOOLS FOR DRIVERS
General Provisions
483.708 Definitions.
483.712 “Behind-the-wheel training” defined.
483.7125 “Branch location” defined.
483.713 “Central Repository” defined.
483.714 “Classroom instruction” defined.
483.7143 “Classroom instruction to a person who is under 18 years of age” defined.
483.7146 “Communications technology” defined.
483.715 “Course” defined.
483.717 “Director” defined.
483.720 “Established place of business” defined.
483.725 “Instructor” defined.
483.727 “Instructor trainee” defined.
483.730 “Operator” defined.
483.733 “School for drivers” defined.
483.735 “School for training drivers” defined.
483.740 “Student” defined.
Licensing of Operators and Instructors
483.745 Required licensing; transferability of license.
483.747 Application and fee for license; request for duplicate license.
483.750 Licensure as operator: Prerequisites; operation of branch location or multiple schools; surrender of license upon ceasing operation or closing branch location.
483.751 Licensure as operator: Filing of surety bond for branch location.
483.752 Licensure as instructor: Prerequisites; interview of applicant; transfer of license; instruction at multiple schools; termination of relationship with school.
483.753 Licensure as instructor trainee: Prerequisites; fee; instruction of course; expiration and renewal of license.
483.754 Action on application for license; temporary licensure of instructor for school for training drivers.
483.756 Grounds for denial of application.
483.757 School for training drivers: Examination of instructors and applicants for licensure as instructor; reexamination of qualifications of operator or instructor.
483.758 Use of license as instructor of school for training drivers; instruction at multiple schools; issuance of duplicate license.
483.760 Display and contents of license as operator; display of license as instructor.
483.7605 Renewal of license as operator.
483.762 Renewal of license as instructor.
483.7625 Grounds for suspension, revocation or refusal to renew license.
483.7631 Additional grounds for suspension, revocation or refusal to renew license; licensing of instructor who is convicted of traffic offense involving alcohol or controlled substance.
483.764 Hearing concerning cancellation, suspension or revocation of, or refusal to renew license.
483.7645 Surrender of suspended or revoked license; licensing of instructor whose driver’s license is suspended or revoked.
Administration and Operation
483.766 Place of business of school: Requirements; inspection.
483.767 Duties and responsibilities of school; meetings of classes on abuse of alcohol and controlled substances.
483.768 Notification and approval of certain changes concerning school; provision of certain information to Department; insurance for motor vehicle used for training drivers.
483.769 Periodic inspection and evaluation of school; correction of deficiencies.
483.770 Records; evaluation of training by student.
483.772 School for training drivers: Restrictions on advertising and solicitation of business.
483.773 School for training drivers: Approval of activities by Department.
483.774 School for training drivers: Requirements for courses; restrictions on operation of motor vehicle by student.
483.777 Course materials; guest speakers.
483.778 Courses taught by correspondence; interactive courses that use communications technology.
483.782 Courses on abuse of alcohol and controlled substances: Required subjects of instruction; examinations.
483.783 Courses on traffic safety: Required subjects of instruction.
483.786 Courses on abuse of alcohol and controlled substances and on traffic safety: Attendance and completion.
483.787 Submission of reports regarding students enrolled in course on traffic safety or on abuse of alcohol and controlled substances; deletion or crediting of demerit points; retention and availability of records; failure to pass final examination in course on traffic safety.
483.7898 Courses in automobile driver education: Proof of and prerequisites for completion; retention of records by school.
483.7906 Courses in automobile driver education: Exceptions to requirement for proof of completion.
483.793 Behind-the-wheel training: Ability of instructor to take physical control of vehicle.
483.795 Vehicles used for training drivers: Inspection; requirements.
COMMERCIAL DRIVERS’ LICENSES
483.800 Federal regulations: Adoption by reference of certain provisions; compliance required.
483.802 Federal regulations: Adoption by reference of provision regarding disqualification of drivers; modifications.
483.803 Waiver of certain physical requirements: Submission and contents of application.
483.8031 Prerequisites for waiver of certain physical requirements; confidentiality of information submitted to Department.
483.8032 Waiver of certain physical requirements: Approval or denial of application.
483.8033 Waiver of certain physical requirements: Deadline for submission of application for license; requirements upon issuance of waiver; revocation of license and waiver.
483.8034 Waiver of certain physical requirements: Contents; expiration.
483.8035 Waiver of certain physical requirements: Prerequisites for renewal of waiver and license.
483.8036 Waiver of certain physical requirements: Revocation or refusal to renew.
483.805 Instruction permit: Eligibility; effect.
483.807 Waiver of certain physical requirements for instruction permit: Requirements for application; conditions and restrictions.
483.810 Requirements for application for instruction permit or license.
483.815 Requirements for application received by person previously licensed in another state.
483.820 Issuance and contents of license.
483.825 Denial of license.
483.830 Assignment of number to license.
483.835 Possession and surrender of license.
483.847 Cancellation, suspension and revocation of license.
483.8475 Cancellation of license or permit for falsification of application: Restriction on reapplication.
483.848 Test to determine concentration of alcohol: Suspension of license for certain concentration.
483.8485 Test to determine concentration of alcohol: Duties of peace officer; review by Department; contents and mailing of order for suspension of license.
483.849 Suspension of license as result of certain concentration of alcohol: Hearing; temporary license; judicial review.
483.850 Exemptions from requirements.
FEES
483.900 Additional fees to cover cost of production of photographs for drivers’ licenses and identification cards.
GENERAL PROVISIONS
NAC 483.010 Definitions. (NRS 481.051)
1. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, and subsections 2 and 3 of this section have the meanings ascribed to them in those sections.
2. “Department” means the Department of Motor Vehicles.
3. “Good cause to believe” means there are facts sufficient to warrant the belief by a reasonable person that the matter in question is true.
[Dep’t of Motor Veh., Demerit Points Reg. § I + License for Disabled Persons Reg. § I + Restricted License Reg. § I + Suspension of Licenses Reg. § I + Traffic Safety School Reg. § I, eff. 4-29-82]—(NAC A 9-5-84; 8-1-91; R159-01, 5-28-2002; R157-01, 8-27-2002)
NAC 483.020 Information. (NRS 481.051) A person may obtain clarification of the provisions of this chapter, information about relief from the strict application of any of its terms or information about other dealings with reference to this chapter from the Department of Motor Vehicles, 555 Wright Way , Carson City, Nevada 89711.
[Dep’t of Motor Veh., Classification of Licenses Reg. § VI + Demerit Points Reg. § VI + License for Disabled Persons Reg. § XIII + Restricted License Reg. § IX + Suspension of Licenses Reg. § V + Traffic Safety School Reg. § IX, eff. 4-29-82]
PROOF OF IDENTIFYING INFORMATION FOR DRIVERS’ LICENSES AND IDENTIFICATION CARDS
NAC 483.050 Documentation required for proof of name and age of applicant; unacceptable documents. (NRS 481.051, 483.220, 483.290, 483.860, 486.081)
1. In addition to the documents listed in subsection 2 of NRS 483.290, the documentation that the Department must accept as proof of the name and age of an applicant for a driver’s license, identification card or motorcycle driver’s license as required pursuant to NRS 483.290, 483.860 and 486.081, respectively, includes, without limitation:
(a) An original or a certified copy of one of the following documents issued by the United States Citizenship and Immigration Services in the Department of Homeland Security:
(1) An Alien Registration Receipt Card that is issued using Form I-551;
(2) A Permit to Reenter the United States;
(3) A Refugee Travel Document;
(4) If it is accompanied by the passport of the bearer of that document, an Arrival-Departure Record that is issued using Form I-94; or
(5) A Resident Alien Card; and
(b) An identification card issued by another state, the District of Columbia or any territory of the United States if an applicant for such an identification card is required to furnish proof of his date of birth to obtain the identification card and the Department determines that the documentation required by the other state, the District of Columbia or territory of the United States is substantially similar to the documentation that an applicant is required to furnish to prove his date of birth pursuant to this section and NRS 483.860.
2. The forms of identification that are unacceptable to the Department as proof of the name and age of an applicant for a driver’s license, motorcycle driver’s license or identification card in this State include, without limitation:
(a) An identification card issued by a consulate of a foreign government;
(b) A birth certificate issued by a foreign government; and
(c) A Border Crossing Card issued by the United States Citizenship and Immigration Services in the Department of Homeland Security.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000; A by Dep’t of Motor Veh. by R112-03, 10-30-2003; R108-05, 10-31-2005)
NAC 483.055 Documentation required for change of name; appearance of new name. (NRS 481.051, 483.220)
1. A person who wishes or is required pursuant to NRS 483.390 or 483.870 to change the name indicated on his driver’s license, motorcycle driver’s license or identification card must submit proof satisfactory to the Department that his name was legally changed. The proof may include, without limitation:
(a) An original or a certified copy of any document listed in subsection 2 of NRS 483.290 that reflects the change of name;
(b) One of the following documents if that document reflects the change of name and indicates that it has been filed with a court of competent jurisdiction, recorded by the county recorder or filed with or certified by another appropriate agency:
(1) A certificate of marriage;
(2) An abstract of a recorded certificate of marriage;
(3) An order of a court changing the name of the person;
(4) A decree of adoption;
(5) A divorce decree; or
(6) Any other document that the Department determines is acceptable as proof of the change of name; and
(c) If the person is requesting that the Department change the name indicated on his driver’s license, motorcycle driver’s license or identification card to a former name, a record of the Department relating to a driver’s license, motorcycle driver’s license or identification card previously issued to the person that indicates the former name.
2. Except as otherwise provided in subsection 3, the Department shall indicate the name of the person requesting the change of name on a new driver’s license, motorcycle driver’s license or identification card in a manner that is identical to the manner in which the name appears on the document submitted by the person as proof of the change of name.
3. Upon request, the Department shall indicate the name of the person requesting the change of name on a driver’s license, motorcycle driver’s license or identification card in a manner that combines the maiden name and the married name of the person.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000)
NAC 483.060 Documentation required for change of social security number. (NRS 481.051, 483.220) A person who wishes to change the social security number indicated on his driver’s license, motorcycle driver’s license or identification card must submit proof satisfactory to the Department that the social security number indicated on his driver’s license, motorcycle driver’s license or identification card is incorrect. The proof may include, without limitation, any of the following documents if the document indicates the social security number of the person:
1. Any document listed in subsection 4 of NRS 483.290;
2. A military identification card issued by the United States Government, including a military identification card issued to a dependent of military personnel;
3. Discharge papers issued by a branch of the military or naval service of the United States;
4. A driver’s license issued by another state or the District of Columbia; or
5. An identification card issued by another state or the District of Columbia.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000)
NAC 483.065 Documentation required for change of date of birth. (NRS 481.051, 483.220) A person who wishes to change the date of birth indicated on his driver’s license, motorcycle driver’s license or identification card must submit proof satisfactory to the Department that the date of birth indicated on his driver’s license, motorcycle driver’s license or identification card is incorrect. The proof may include, without limitation:
1. Any document listed in NAC 483.050 as acceptable proof of the name and age of an applicant for a driver’s license, motorcycle driver’s license or identification card;
2. Discharge papers issued by a branch of the military or naval service of the United States;
3. A decree of adoption that has been filed with a court of competent jurisdiction; or
4. Any other documentation acceptable to the Department.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000)
NAC 483.070 Documentation required for change of gender. (NRS 481.051, 483.220)
1. A person who wishes to change the gender indicated on his driver’s license, motorcycle driver’s license or identification card must submit proof satisfactory to the Department that his gender was changed. The proof must include documentation prepared by a physician or an osteopathic physician indicating that the gender of the person has been changed.
2. A statement by a physician who practices in the area of psychiatry that the gender of the person will be changed or is in the process of being changed is not sufficient documentation for the purposes of subsection 1.
3. If a person requests that the Department change the name and the gender indicated on his driver’s license, motorcycle driver’s license or identification card, he must submit proof that his name was legally changed as prescribed in NAC 483.055 in addition to the documentation set forth in subsection 1.
4. As used in this section:
(a) “Osteopathic physician” means a person who is licensed to practice osteopathic medicine pursuant to chapter 633 of NRS or the laws of another state or jurisdiction.
(b) “Physician” means a person who is licensed to practice medicine pursuant to chapter 630 of NRS or the laws of another state or jurisdiction.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000)
NAC 483.075 Procedures for issuance of changed driver’s license or identification card. (NRS 481.051, 483.220) If a person requests that the Department change the information on his driver’s license, motorcycle driver’s license or identification card pursuant to NAC 483.050 to 483.070, inclusive, the Department shall:
1. Require the person requesting the change to surrender his current driver’s license, motorcycle driver’s license or identification card;
2. Charge and collect the appropriate fee as set forth in NRS 483.410 or 483.820; and
3. Issue a new driver’s license, motorcycle driver’s license or identification card to the person.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000)
RENEWAL OF IDENTIFICATION CARDS BY MAIL
Persons Residing in State
NAC 483.080 “Certificate of renewal” defined. (NRS 481.051) As used in NAC 483.080 to 483.087, inclusive, “certificate of renewal” means a certificate issued by the Department pursuant to NAC 483.084 to a person who renews his identification card by mail.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.081 Applicability of provisions. (NRS 481.051) The provisions of NAC 483.080 to 483.087, inclusive, apply to a person who is residing in this State at the time he applies to renew his identification card by mail.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.082 Notice of expiration of identification card. (NRS 481.051)
1. Not less than 30 days before the expiration of an identification card, the Department will, if the holder of the identification card has not renewed his identification card, mail a notice of expiration to the holder of the identification card.
2. The Department will include with each notice of expiration mailed pursuant to subsection 1:
(a) A notice stating that the holder of the identification card may apply for the renewal of his identification card by mail; and
(b) An application for the renewal of his identification card by mail that includes the date on which the Department mailed the notice and application to the holder of the identification card.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.083 Application for renewal. (NRS 481.051)
1. Each application for the renewal of an identification card by mail must:
(a) Be made upon a form provided by the Department;
(b) Be mailed or otherwise delivered to the Department of Motor Vehicles, 555 Wright Way, Carson City, Nevada 89711-0450, Attention: Central Services and Records Division, Renewal by Mail Section;
(c) Be accompanied by the applicable fee required by NRS 483.820;
(d) Include the full legal name, date of birth, identification card number, mailing address and residential address of the applicant; and
(e) Include such other information as the Department may require.
2. At the time he applies for the renewal of his identification card by mail, an applicant may change his mailing or residential address as it appears on his identification card.
3. The Department will include on the application for the renewal of an identification card by mail the opportunity for the applicant to indicate on his certificate of renewal that he:
(a) Wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body; or
(b) Wishes to register to vote or correct any information relating to the applicant set forth in the registrar of voters’ register.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.084 Issuance of certificate of renewal; ineligibility. (NRS 481.051)
1. The Department will, by mail, issue a certificate of renewal to each qualified applicant for the renewal of his identification card.
2. The holder of an identification card is not eligible to apply for the renewal of the identification card by mail if:
(a) The identification card expires 4 years after the date of expiration stated thereon because a certificate of renewal has been issued for the identification card; or
(b) The holder is an international instructor, international student or seasonal resident.
3. As used in this section, “seasonal resident” has the meaning ascribed to it in NAC 481.005.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.085 Denial of application and renewal in person. (NRS 481.051) The Department will deny an application for the renewal of an identification card by mail and require the applicant to renew his identification card in person at an office of the Department if:
1. The applicant wishes to change any information other than his address which appears on the front of his identification card; or
2. The applicant’s identification card has been stolen, lost or destroyed.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.086 Failure to receive certificate of renewal from Department. (NRS 481.051)
1. If, not less than 2 weeks after the Department mails a certificate of renewal to an applicant for the renewal of his identification card by mail, the applicant notifies the Department that he has not received his certificate of renewal and the Department determines that the current mailing address of the applicant is the mailing address that the applicant listed on his application, the Department will mail a duplicate certificate of renewal to the applicant free of charge.
2. If the applicant notifies the Department pursuant to subsection 1 that he has not received his certificate of renewal and the Department determines that the mailing address of the applicant listed on the application is not the current mailing address of the applicant, the applicant must apply to the Department in person for the renewal of his identification card.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.087 Period of validity of identification card renewed by mail; loss, theft or destruction of certificate of renewal. (NRS 481.051)
1. An identification card for which a certificate of renewal has been issued is valid until:
(a) The identification card expires; or
(b) The certificate of renewal is lost, stolen or destroyed.
2. If a certificate of renewal is lost, stolen or destroyed, the holder of the identification card for which the certificate of renewal is issued must apply in person to the Department for a new identification card. The new identification card expires on the date the identification card for which the certificate of renewal was issued would have expired if the certificate of renewal had not been lost, stolen or destroyed.
3. The Department will charge and collect the fee prescribed for a duplicate identification card set forth in NRS 483.820 for an identification card that is issued pursuant to subsection 2.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
Persons Temporarily Residing Outside of State
NAC 483.090 Applicability of provisions. (NRS 481.051) The provisions of NAC 483.090 to 483.094, inclusive, apply to a person who is temporarily residing outside of this State at the time he applies for an identification card by mail.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.091 Application or letter of request for renewal; action by Department. (NRS 481.051)
1. A person specified in NAC 483.090 may apply for the renewal of his identification card by mail by submitting to the Department:
(a) An application provided by the Department; or
(b) A letter of request which must include the applicant’s:
(1) Full legal name.
(2) Date of birth.
(3) Social security number.
(4) Except as otherwise provided in this subparagraph, mailing address and the address of his residence in this State. If the applicant is an employee of the Federal Government or on active military duty or a dependent of such an applicant, he is not required to comply with this subparagraph, but he must submit an employment or military record which indicates that this State is the state of his residence.
(5) Mailing address outside the State.
(6) Physical description, including, without limitation, his height and weight and the color of his hair and eyes.
(7) Mother’s maiden name.
(8) Signature.
2. Each application or letter of request must be accompanied by the fee required by NRS 483.820.
3. If the information set forth in the application or letter of request includes information indicating a change in the:
(a) Legal name;
(b) Date of birth;
(c) Social security number; or
(d) Sex,
Ê of the applicant, it must be accompanied by proof of the correct information.
4. Each application or letter of request must be mailed or otherwise delivered to the Department of Motor Vehicles, 555 Wright Way, Carson City, Nevada 89711-0450, Attention: Central Services and Records Division, Renewal by Mail Section.
5. Each applicant may register to vote or correct any information relating to the applicant set forth in the registrar of voters’ register.
6. The Department will, within 10 business days after receiving the application or letter of request:
(a) Mail a new identification card to the applicant;
(b) Request additional information from the applicant; or
(c) Deny the application or request.
7. Each identification card mailed pursuant to this section must have the words “valid without photo” in the place where the photograph of the holder of the identification card would appear if he had obtained his identification card in person.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.092 Verification of identity of applicant. (NRS 481.051)
1. The Department may verify the identity of each person who applies for the renewal of his identification card by mail by comparing the applicant’s signature on his application or letter of request with the signature on the applicant’s current identification card.
2. The Department may verify the identity of each applicant by examining other original documents, including, without limitation, the passport or military identification of the applicant.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.093 Determination of eligibility. (NRS 481.051)
1. Any person who is a resident of this State, holds an identification card from this State and is temporarily residing outside this State is eligible to renew his identification card by mail unless, except as otherwise provided in subsection 2, he is applying for a second consecutive renewal by mail.
2. The Department may renew the identification card of any applicant who is employed by the Federal Government or on active military duty or the dependent of such an applicant:
(a) Regardless of whether his identification card was previously renewed by mail; and
(b) If his identification card has been expired for more than 1 year but less than 2 years.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
NAC 483.094 Failure to receive identification card from Department; application for duplicate identification card. (NRS 481.051)
1. If a person who applies for the renewal of his identification card by mail notifies the Department that he has not received the identification card within 30 days after the identification card was mailed and the Department determines that:
(a) The applicant did not change his mailing address, the Department will issue and mail another identification card to the applicant free of charge.
(b) The applicant has changed his mailing address, the applicant must apply for a duplicate identification card and pay the applicable fee for the duplicate identification card set forth in NRS 483.820.
2. If an applicant has lost, mutilated or destroyed his identification card, he must apply for a duplicate identification card and pay the applicable fee for the duplicate identification card set forth in NRS 483.820.
(Added to NAC by Dep’t of Motor Veh. by R113-03, eff. 10-30-2003)
CLASSIFICATION OF LICENSES AND CERTIFICATION OF DRIVING ABILITY
General Provisions
NAC 483.100 “Highway” defined. (NRS 481.051, 483.220, 483.908) As used in NAC 483.100 to 483.197, inclusive, unless the context otherwise requires, “highway” has the meaning ascribed to it in NRS 486.031.
[Dep’t of Motor Veh., Classification of Licenses Reg. § I, eff. 4-29-82]—(NAC A 8-1-91; 9-13-91; R159-01, 5-28-2002; R107-03, 2-18-2004)
NAC 483.110 Drivers’ licenses: Classifications; miscellaneous restrictions and endorsements. (NRS 481.051, 483.220, 483.235, 483.908)
1. The holder of a Class A noncommercial driver’s license may drive:
(a) Any combination of vehicles with a gross combination weight rating of 26,001 or more pounds, if the gross vehicle weight rating of the trailing vehicle is more than 10,000 pounds;
(b) Any combination of vehicles not exceeding 70 feet in length with a gross combination weight rating of 26,000 pounds or less so long as the gross combination weight rating of the towed vehicles does not exceed the gross vehicle weight rating of the towing vehicle; or
(c) A vehicle falling within Class B or Class C, but may not drive a motorcycle unless the holder obtains an appropriate endorsement.
2. The holder of a Class B driver’s license may drive any single vehicle with a gross vehicle weight rating of 26,001 or more pounds, or any vehicle which is towing another vehicle which does not have a gross vehicle weight rating of more than 10,000 pounds, and all vehicles falling within Class C, but may not drive a motorcycle unless the holder obtains an appropriate endorsement.
3. The holder of a Class C driver’s license may drive any single vehicle, or combination of vehicles, that does not meet the definition of a vehicle for which a Class A or Class B driver’s license is required, including, without limitation, any single vehicle, or combination of vehicles, that either is designed to transport 16 or more passengers, including the driver, or is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations, 49 C.F.R. Part 172, Subpart F, a moped or a low-speed vehicle, but the holder of a Class C driver’s license may not:
(a) Drive a motorcycle, unless the holder obtains an appropriate endorsement;
(b) Tow a vehicle with a gross vehicle weight rating of more than 10,000 pounds, unless the holder obtains a J endorsement;
(c) Drive a combination of vehicles with a gross combination weight rating of less than 10,000 pounds, unless the holder obtains an R endorsement; or
(d) Drive a combination of vehicles exceeding 70 feet in length.
4. The Department may place a restriction 1 on a Class A, Class B or Class C driver’s license if the holder of the driver’s license does not pass a knowledge test and a driving skills test in a vehicle which is equipped with air brakes.
5. In addition to the tests authorized by chapter 483 of NRS, the holder of a driver’s license may be required to pass a driving skills test in an appropriate vehicle to receive an endorsement authorizing the holder to drive a specific type of vehicle.
6. The holder of a driver’s license who is exempt from the requirements of NRS 483.900 to 483.940, inclusive, and NAC 483.800 to 483.850, inclusive, pursuant to the provisions of subsection 1 or 2 of NAC 483.850, may operate a vehicle described in subsection 1 or 2 of NAC 483.850 only if he obtains an F endorsement on his driver’s license.
7. The holder of a Class M driver’s license may drive a motorcycle, trimobile or moped. The holder of a Class A, Class B or Class C driver’s license may drive a motorcycle only if he obtains a Class M endorsement on his driver’s license.
8. An applicant who is administered a test of his driving ability on a motorcycle which does not exceed 6 1/2 horsepower or a displacement of 90 cubic centimeters will be issued a Class M driver’s license with a U restriction.
9. An applicant who is administered a test of his driving ability on a motorcycle which has three wheels in contact with the ground will be issued a Class M driver’s license with an X restriction.
10. An applicant who is administered a test of his driving ability on a moped will be issued a Class M driver’s license with a Z restriction. A Class M driver’s license with a Z restriction does not authorize the operation of any other motor vehicle.
11. An applicant who is administered a test of his driving ability in a low-speed vehicle will be issued a Class C driver’s license with an X restriction. The Department will indicate on the back of such a driver’s license that the holder may not drive a vehicle on a highway where the posted speed limit is greater than 35 miles per hour, except to cross a highway at an intersection.
12. As used in this section, unless the context otherwise requires:
(a) “Gross combination weight rating” means:
(1) The weight specified by the manufacturer of a vehicle as the combined loaded weight of that vehicle and a trailing vehicle; or
(2) If the manufacturer fails to specify a weight, the sum of the gross vehicle weight rating of the power unit, the weight of the trailing vehicle and the weight of any load thereon.
(b) “Gross vehicle weight rating” means the weight specified by the manufacturer as the loaded weight of a single vehicle.
(c) “Low-speed vehicle” has the meaning ascribed to it in NRS 484.527.
(d) “Moped” has the meaning ascribed to it in NRS 486.038.
(e) “Motorcycle” has the meaning ascribed to it in NRS 486.041.
(f) “Trimobile” has the meaning ascribed to it in NRS 486.057.
[Dep’t of Motor Veh., Classification of Licenses Reg. § II, eff. 4-29-82]—(NAC A 9-13-91; R015-97, 11-14-97; R001-98, 4-2-98; R059-00, 9-7-2000; R153-01, 2-12-2002; R107-03, 2-18-2004; R105-04, 8-2-2004; R108-05, 10-31-2005)
NAC 483.120 Exceptions for eye and written examinations. (NRS 481.051, 483.220)
1. The Department may accept a report from an ophthalmologist, oculist or optometrist or an eye test administered by a driver’s license office in another state in lieu of an eye test administered by an authorized representative of the Department.
2. An oral examination may be substituted for the written examination if an applicant cannot read or write or has extreme difficulty in doing so.
[Dep’t of Motor Veh., Classification of Licenses Reg. § III, eff. 4-29-82]
Commercial Drivers’ Licenses: Certification at School for Training Drivers
NAC 483.121 Definitions. (NRS 483.908, 483.912) As used in NAC 483.121 to 483.1236, inclusive, unless the context otherwise requires, the words and terms defined in NAC 483.1212 to 483.1218, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1212 “Driving skills test” defined. (NRS 483.908, 483.912) “Driving skills test” means a driving skills test for a commercial driver’s license which includes, without limitation, a pretrip test, basic skills test and road test.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1214 “School for training drivers” defined. (NRS 483.908, 483.912) “School for training drivers” means a school for the training of drivers which is licensed to operate in this State and provides instruction in the operation of vehicles for which a Class A, Class B or Class C driver’s license is required.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1216 “Student” defined. (NRS 483.908, 483.912) “Student” means a person who is enrolled at a school for training drivers.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1218 “Third-party certifier” defined. (NRS 483.908, 483.912)
1. “Third-party certifier” means a person registered with the Department pursuant to NAC 483.1224 to certify the driving ability of a student enrolled in a school for training drivers licensed to operate in this State which provides instruction in the operation of vehicles for which a Class A, Class B or Class C driver’s license is required.
2. The term includes, without limitation, a third-party examiner and a third-party tester, as those terms are used in 49 C.F.R. § 383.75.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.122 Applicability of provisions. (NRS 483.908, 483.912) The provisions of NAC 483.121 to 483.1236, inclusive, apply only with respect to:
1. Commercial drivers’ licenses and commercial vehicles; and
2. An instructor at a school for training drivers who is or wishes to be registered as a third-party certifier and to a school for training drivers which has such an instructor on its staff.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1222 Affidavit of certification of driving ability: Acceptance by Department in lieu of driving skills test. (NRS 483.908, 483.912) The Department may, in lieu of the driving skills test conducted by the Department, accept an affidavit of certification of the driving ability of a person if the affidavit of certification is:
1. Completed in its entirety by a third-party certifier who is:
(a) Registered pursuant to NAC 483.1224;
(b) Employed by the school for training drivers at which the person whose driving ability is being certified is a student; and
(c) Not responsible for the instruction of the person whose driving ability is being certified relating to the operation of the commercial vehicle; and
2. On a form provided by the Department.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1224 Third-party certifier: Eligibility; scope of authority; assignment of number by Department. (NRS 483.908, 483.912)
1. An instructor at a school for training drivers which owns or leases 10 or more vehicles for which a Class A, Class B or Class C driver’s license is required may apply to the Department for registration as a third-party certifier. Except as otherwise provided in subsection 2, an instructor who is registered as a third-party certifier may certify the driving ability of any student enrolled at the school for training drivers who wishes to obtain a Class A, Class B or Class C driver’s license and may sign an affidavit of certification to that effect. The instructor may not sign such an affidavit with respect to his own driving ability.
2. An instructor who is registered as a third-party certifier shall not:
(a) Certify the driving ability of a student unless the instructor has at his disposal at least one vehicle requiring the same class of driver’s license as the class of driver’s license for which the student’s driving ability is being certified; or
(b) Sign an affidavit of certification for the operation of a vehicle for which a particular class of driver’s license is required unless the instructor has at his disposal at least one vehicle requiring the same class of driver’s license as that required for the vehicle the operation of which is to be certified by affidavit.
3. An instructor who is registered as a third-party certifier must:
(a) Successfully complete a 40-hour course provided by the Department for administering a driving skills test;
(b) Hold a valid driver’s license of the class and type for which he is certifying the driving ability of a student and signing an affidavit of certification; and
(c) Administer the driving skills test in a class of vehicle requiring the same class and type of driver’s license as the class and type of driver’s license for which the student’s driving ability is being certified.
4. The Department will assign a number to each instructor whom the Department registers as a third-party certifier. This number must be used when completing an affidavit of certification. The number assigned by the Department to a third-party certifier pursuant to this subsection is personal to the instructor to whom it has been assigned and must not be transferred to or used by any other person.
5. An instructor who is registered as a third-party certifier may certify the driving ability of only those students who are enrolled at the branch locations of the school for training drivers for which the instructor is registered as a third-party certifier.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1226 Registration of third-party certifier: Application; evaluations and inspections by Department; notification of denial of application; reapplication. (NRS 483.908, 483.912)
1. An instructor who is applying for registration as a third-party certifier must complete an application on a form provided by the Department which includes, without limitation:
(a) An authorization for an investigation of the background of the applicant;
(b) An authorization for an investigation of the credit of the applicant;
(c) The personal history of the applicant;
(d) The driving history of the applicant; and
(e) A statement that the applicant has read and will comply with the regulations and requirements for certification adopted by the Department.
2. An applicant must indicate on his application all the branch locations of the school for training drivers at which he will be certifying the driving ability of students enrolled at the school.
3. In evaluating the eligibility of an applicant for registration as a third-party certifier, the Department may consider the class of his driver’s license, his driving history and any additional information which the Department deems pertinent to his eligibility.
4. The evaluation of an application for registration as a third-party certifier will include an inspection of each branch location of the school for training drivers at which the applicant will be certifying the driving ability of students. The inspection will include, without limitation, a visual inspection of:
(a) The vehicles to be used for training;
(b) Copies of training programs;
(c) Skill tests;
(d) Driving tests;
(e) Tests of laws and regulations; and
(f) Qualifications of instructors.
5. The Department may waive any part of the inspection otherwise required pursuant to subsection 4 if the school for training drivers currently has on its staff other instructors who are registered as third-party certifiers.
6. If the Department denies an application for registration as a third-party certifier, the Department will notify the applicant by certified mail of its decision. Except as otherwise provided in NAC 483.1236, the applicant may reapply at any time on a new application form. The applicant must state in the new application the measures that were taken to correct the deficiency that caused the denial of the original application.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1228 Required notifications; insufficient number of vehicles; inspections of vehicles; renewal of registration of third-party certifier; recertification course. (NRS 483.908, 483.912)
1. If, at any time, the number of vehicles owned or leased by a school for training drivers which has on its staff a third-party certifier falls below the minimum requirement of 10 vehicles, the operator of the school for training drivers shall forthwith notify the Department. The Department may suspend, revoke or refuse to renew the registration of each third-party certifier employed at the school for training drivers during the time that the school for training drivers does not have the required minimum number of vehicles.
2. If the school for training drivers purchases or leases a vehicle that will be used by a third-party certifier in administering a driving skills test, the operator of the school for training drivers shall notify the Department within 10 days after the date on which the vehicle is purchased or leased. An authorized representative of the Department:
(a) Shall inspect the vehicle within 30 days after being notified by the school; and
(b) May inspect the vehicle during any inspection conducted by the Department pursuant to NAC 483.1226 or 483.123.
3. If a third-party certifier does not maintain a valid driver’s license of the class for which he is authorized to certify, he shall immediately notify the Department.
4. A third-party certifier shall notify the Department within 10 days after a change in address.
5. A third-party certifier who complies with the requirements of subsection 6 may renew his annual registration on a form furnished by the Department. If the third-party certifier fails to renew the registration within 30 days after the date of expiration, his registration as a third-party certifier expires and he must reapply for registration as a third-party certifier in the manner set forth in NAC 483.1226.
6. A third-party certifier must annually complete a recertification course provided by the Department. The recertification course must consist of at least 24 hours of instruction.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.123 Monitoring, inspections and reports by Department; correction of deficiencies; actions regarding licensing of third-party certifier or operator of school. (NRS 483.908, 483.912)
1. The Department may, annually or as often as it determines necessary, monitor the performance of a third-party certifier who is registered pursuant to NAC 483.1224, including, without limitation, the instruction given, teaching skills demonstrated and testing performed by the third-party certifier. An examiner from the Department may conduct random reexaminations of any student to whom a third-party certifier has given a driving skills test.
2. The Department may, annually or as often as it determines necessary, conduct an inspection of each vehicle used by a third-party certifier in administering a driving skills test.
3. Within 30 days after an inspection, the Department will provide a written report to the third-party certifier and the school for training drivers which:
(a) Indicates compliance; or
(b) Describes each deficiency and notifies the third-party certifier and the school for training drivers that each such deficiency must be corrected within 30 days after the date on which the notice is received. If each deficiency is not corrected in a timely manner, the Department may, pursuant to NAC 483.1236, suspend or revoke the registration issued to the third-party certifier or take appropriate action against the school for training drivers pursuant to NAC 483.708 to 483.795, inclusive, or both.
4. If, pursuant to NAC 483.708 to 483.795, inclusive:
(a) Any action is taken against the instructor’s license issued to the third-party certifier, the Department may revoke, suspend or refuse to renew, as appropriate, his registration as a third-party certifier.
(b) The license issued to the operator of the school for training drivers is:
(1) Suspended, or if the Department refuses to renew the license issued to the school for training drivers, the Department will, except as otherwise provided in this paragraph, suspend the registration of each third-party certifier employed as an instructor by the school until the license of the school has been restored. If the license issued to the operator of the school is not restored, the Department will revoke the registration of each such third-party certifier. This paragraph does not prevent the Department from taking separate disciplinary action against a third-party certifier if the circumstances that resulted in the suspension of, or the refusal to renew, the license of the school for training drivers involved an act or omission by the third-party certifier.
(2) Revoked, the Department will revoke the registration of each third-party certifier employed as an instructor by the school.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1232 Instruction and certification of driving ability of students; records of third-party certifier and school. (NRS 483.908, 483.912)
1. An instructor who is registered as a third-party certifier:
(a) Shall not instruct a student in the driving or operation of a vehicle for which a Class A, Class B or Class C driver’s license is required by allowing the vehicle to be driven on a public highway, unless the student has obtained an instruction permit for the class of vehicle he is learning to drive; and
(b) Shall ensure that the student adheres to the requirements pertaining to the instruction permit.
2. Before certifying the ability of a student to drive a vehicle for which a Class A, Class B or Class C driver’s license is required, the third-party certifier must determine that the student is able to operate safely and control fully that vehicle.
3. While administering any part of the driving skills test, a third-party certifier shall, at all times during the test, remain alert and be in a physical and mental state that renders him capable of taking physical control of the vehicle if necessary.
4. The third-party certifier shall state on a form approved by the Department the means by which he determined the qualifications of the student to operate the vehicles for which a Class A, Class B or Class C driver’s license is required.
5. A third-party certifier shall maintain a record for each student who is certified by the third-party certifier. The record must include a description of the training and tests given to the student. The record must be available for inspection by a representative of the Department during normal business hours.
6. A school for training drivers shall keep a record for each student to whom an instructor who is a third-party certifier administers any part of the driving skills test. The record must include:
(a) The name and address of the student;
(b) The record of the driving skills test administered to the student;
(c) The number of the instruction permit or driver’s license issued to the student;
(d) The name and registration number of each third-party certifier who administered any part of the test to the student;
(e) A description of the type of testing given to the student and the amount of time devoted to each type of test;
(f) The date on which each type of test was given;
(g) The total number of hours of instruction given to the student; and
(h) Sufficient information that will demonstrate to the satisfaction of the Department that the third-party certifier who administered a specific test to the student did not also provide instruction to the student relating to that test.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1234 Guarantee of issuance of license to student prohibited. (NRS 483.908, 483.912) A third-party certifier and a school for training drivers shall not make a guarantee in any form to a student that the student will be issued a commercial driver’s license because the third-party certifier is administering any part of the driving skills test to a student.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1236 Revocation, suspension or refusal to renew registration of third-party certifier: Authority of Department; reapplication after revocation; hearing. (NRS 483.908, 483.912)
1. The Department may revoke the registration of a third-party certifier who is registered pursuant to NAC 483.1224 if:
(a) The third-party certifier has been convicted of:
(1) Driving under the influence of an intoxicating liquor or a controlled substance within the past 7 years;
(2) A gross misdemeanor or felony relating to the management of money or a business;
(3) Fraud;
(4) Embezzlement; or
(5) Possessing more than one valid driver’s license issued to him under a name other than his own, or issued to him by more than one state, or both;
(b) The Department determines that the third-party certifier falsified an application or any other information to obtain or maintain his registration as a third-party certifier;
(c) The school for training drivers fails to maintain an active license or ceases to maintain an established place of business in this State;
(d) The third-party certifier allows an unauthorized person to administer any part of the driving skills test to a student;
(e) Any action is taken against the instructor’s license issued to the third-party certifier by the Department;
(f) The third-party certifier administers any part of the driving skills test to a student to whom the third-party certifier has provided instruction for that part of the test; or
(g) The third-party certifier refuses to allow an authorized representative of the Department access, during regular business hours, to inspect the records maintained by the third-party certifier relating to the students whose driving abilities were certified by the third-party certifier.
2. The Department may suspend the registration of a third-party certifier if the third-party certifier or his agent, officer or employee fails to cooperate fully with an authorized representative of the Department during an inspection of the third-party certifier.
3. The Director may temporarily suspend for not more than 30 days or refuse to renew the registration of a third-party certifier if the Director finds that such a temporary suspension or refusal to renew is in the public interest. The Department may conduct a hearing and issue a final decision on the matter within 30 days after the date on which the notice of temporary suspension or refusal to renew a registration is sent to the third-party certifier.
4. Any third-party certifier whose registration is revoked pursuant to this section:
(a) May not reapply for registration until 2 years after the date of revocation; and
(b) Must attend a training program approved by the Department for the certification of a driver at the time he reapplies for registration as a third-party certifier.
5. A third-party certifier may, within 30 days after the temporary suspension or revocation of, or refusal to renew, his registration pursuant to this section, request a hearing on the question of whether he committed one or more acts constituting grounds for the suspension, revocation or refusal to renew the registration. The hearing must be conducted pursuant to the provisions of chapter 233B of NRS, and judicial review must be available as provided therein.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
Commercial Drivers’ Licenses: Certification at Place of Employment
NAC 483.124 Definitions. (NRS 483.908, 483.912) As used in NAC 483.124 to 483.183, inclusive, unless the context otherwise requires, the words and terms defined in NAC 483.1242, 483.1244 and 483.1246 have the meanings ascribed to them in those sections.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1242 “Driving skills test” defined. (NRS 483.908, 483.912) “Driving skills test” means a driving skills test for a commercial driver’s license which includes, without limitation, a pretrip test, basic skills test and road test.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1244 “Employer” defined. (NRS 483.908, 483.912) “Employer” means any person who owns or leases a commercial motor vehicle or assigns his employees to operate such a vehicle.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.1246 “Third-party certifier” defined. (NRS 483.908, 483.912) “Third-party certifier” means a person registered with the Department pursuant to NAC 483.140 to certify the driving ability of an employee of any person who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle. The term includes, without limitation, a third-party examiner and a third-party tester, as those terms are used in 49 C.F.R. § 383.75.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.125 Applicability of provisions. (NRS 483.908, 483.912) The provisions of NAC 483.124 to 483.183, inclusive, apply only with respect to:
1. Commercial drivers’ licenses and commercial vehicles; and
2. An employer and the authorized employees of an employer who are or wish to be registered as third-party certifiers.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-91; A by R001-98, 4-2-98; A by Dep’t of Motor Veh. by R107-03, 2-18-2004)
NAC 483.130 Affidavit of certification of driving ability: Acceptance by Department in lieu of driving skills test. (NRS 483.908, 483.912) The Department may, in lieu of the driving skills test conducted by the Department, accept an affidavit of certification of the driving ability of a person if the affidavit of certification is:
1. Completed in its entirety by a third-party certifier who is:
(a) Registered pursuant to NAC 483.140;
(b) The employer of the person whose driving ability is being certified or is employed by the same employer as the person whose driving ability is being certified; and
(c) Not responsible for the instruction of the person whose driving ability is being certified relating to the operation of the commercial vehicle; and
2. On a form provided by the Department.
[Dep’t of Motor Veh., Classification of Licenses Reg. § IV subsec. 1, eff. 4-29-82]—(NAC A 8-1-91; R001-98, 4-2-98; R159-01, 5-28-2002; R107-03, 2-18-2004)
NAC 483.140 Third-party certifier: Eligibility; scope of authority; assignment of number by Department. (NRS 483.908, 483.912)
1. Any person doing business in this State who owns or leases 10 or more vehicles for which a Class A, Class B or Class C driver’s license is required, or the authorized employee of such a person, may apply to the Department for registration as a third-party certifier. Except as otherwise provided in subsection 2, a third-party certifier registered pursuant to this section may certify the driving ability of an employee who desires to obtain a Class A, Class B or Class C driver’s license and may sign an affidavit of certification to that effect. The third-party certifier may not sign such an affidavit with respect to his own driving ability.
2. A person who is registered as a third-party certifier shall not:
(a) Certify the driving ability of an employee unless the third-party certifier has at his disposal at least one vehicle requiring the same class of driver’s license as the class of driver’s license for which the employee’s driving ability is being certified; or
(b) Sign an affidavit of certification for the operation of a vehicle for which a particular class of driver’s license is required unless the third-party certifier has at his disposal at least one vehicle requiring the same class of driver’s license as that required for the vehicle the operation of which is to be certified by affidavit.
3. A third-party certifier must:
(a) Successfully complete a 40-hour course provided by the Department for administering a driving skills test;
(b) Hold a valid driver’s license of the class and type for which he is certifying the driving ability of an employee and signing an affidavit of certification; and
(c) Administer the driving skills test in a class of vehicle requiring the same class and type of driver’s license as the class and type of driver’s license for which the employee’s driving ability is being certified.
4. The Department will assign a number to each person whom the Department registers as a third-party certifier. This number must be used when completing an affidavit of certification. The number assigned by the Department to a third-party certifier pursuant to this subsection is personal to the person to whom it has been assigned and must not be transferred to or used by any other person.
[Dep’t of Motor Veh., Classification of Licenses Reg. § IV subsec. 2, eff. 4-29-82]—(NAC A 8-1-91; R001-98, 4-2-98; R159-01, 5-28-2002; R107-03, 2-18-2004)
NAC 483.150 Registration of third-party certifier: Application; evaluations and inspections by Department; notification of denial of application; reapplication. (NRS 483.908, 483.912)
1. A person who is applying for registration as a third-party certifier pursuant to NAC 483.140 must complete an application on a form provided by the Department. This form may include, without limitation:
(a) An authorization for an investigation of the background of the applicant;
(b) An authorization for an investigation of the credit of the applicant;
(c) The personal history of the applicant;
(d) The driving history of the applicant; and
(e) A statement that the applicant has read and will comply with the regulations and requirements for certification adopted by the Department.
2. In evaluating the eligibility of an applicant for registration as a third-party certifier, the Department may consider the class of his driver’s license, his driving history and any additional information which the Department deems pertinent to his eligibility.
3. The evaluation of an application for registration as a third-party certifier will include an inspection of the site of the applicant’s place of business. This inspection will include, without limitation, a visual inspection of:
(a) The vehicles to be used for training;
(b) Copies of training programs;
(c) Skill tests;
(d) Driving tests;
(e) Tests of laws and regulations; and
(f) Qualifications of instructors.
4. If the Department denies an application, it will notify the applicant by certified mail of its decision. Except as otherwise provided in NAC 483.183, the applicant may reapply at any time on a new application form. The applicant must state in the new application the measures he has taken to correct the deficiency that caused the denial of the original application.
[Dep’t of Motor Veh., Classification of Licenses Reg. § V subsecs. 7, 8 & 11, eff. 4-29-82]—(NAC A 8-1-91; R159-01, 5-28-2002; R107-03, 2-18-2004)
NAC 483.160 Required notifications; inspections of vehicles; renewal of registration of third-party certifier; recertification course. (NRS 483.908, 483.912)
1. If, at any time, the number of vehicles for which a Class A, Class B or Class C driver’s license is required that are owned or leased by:
(a) The third-party certifier, if the third-party certifier is an employer; or
(b) The employer for whom the third-party certifier serves as an authorized employee, if the third-party certifier is an employee,
Ê falls below the minimum requirement of 10 vehicles, the third-party certifier shall immediately notify the Department.
2. If the third-party certifier or his employer purchases or leases a vehicle that will be used by the third-party certifier in administering a driving skills test, the third-party certifier shall notify the Department within 10 days after the date on which the vehicle is purchased or leased. An authorized representative of the Department:
(a) Shall inspect the vehicle within 30 days after being notified by the third-party certifier; and
(b) May inspect the vehicle during any inspection conducted pursuant to NAC 483.170.
3. If a third-party certifier does not maintain a valid driver’s license of the class for which he is authorized to certify, he shall immediately notify the Department.
4. A third-party certifier shall notify the Department within 10 days after a change in address.
5. A third-party certifier who is registered pursuant to NAC 483.140 and who complies with the requirements of subsection 6 may renew his annual registration on a form furnished by the Department. If the third-party certifier fails to renew the registration within 30 days after the date of expiration, his registration as a third-party certifier expires and he must reapply for registration as a third-party certifier in the manner set forth in NAC 483.150.
6. A third-party certifier must annually complete a recertification course provided by the Department. The recertification course must consist of at least 24 hours of instruction.
[Dep’t of Motor Veh., Classification of Licenses Reg. § V subsecs. 5, 6, 10 & 14, eff. 4-29-82]—(NAC A 8-1-91; R001-98, 4-2-98; R159-01, 5-28-2002; R107-03, 2-18-2004)
NAC 483.170 Monitoring, inspections and reports by Department; correction of deficiencies. (NRS 483.908, 483.912)
1. The Department may, annually or as often as it determines necessary, monitor the performance of a third-party certifier who is registered pursuant to NAC 483.140, including, without limitation, the instruction given, teaching skills demonstrated and testing performed by the third-party certifier. An examiner from the Department may conduct random reexaminations of any employee to whom a third-party certifier has given a driving skills test.
2. The Department may, annually or as often as it determines necessary, conduct an inspection of each vehicle used by a third-party certifier in administering a driving skills test.
3. Within 30 days after an inspection, the Department will provide a written report to the third-party certifier which:
(a) Indicates compliance; or
(b) Describes each deficiency and notifies the third-party certifier that each such deficiency must be corrected within 30 days after the date on which the notice is received. If each deficiency is not corrected in a timely manner, the Department may, pursuant to NAC 483.183, suspend or revoke the registration issued to the third-party certifier.
[Dep’t of Motor Veh., Classification of License Reg. § V subsecs. 9, 12 & 13, eff. 4-29-82]—(NAC A 8-1-91; R001-98, 4-2-98; R159-01, 5-28-2002; R107-03, 2-18-2004)
NAC 483.180 Third-party certifier: Instruction and certification of driving ability of employee; records. (NRS 483.908, 483.912)
1. A third-party certifier who is registered pursuant to NAC 483.140:
(a) Shall not instruct an employee in the driving or operation of a vehicle for which a Class A, Class B or Class C driver’s license is required by allowing the vehicle to be driven on a public highway, unless the employee has obtained an instruction permit for the class of vehicle he is learning to drive; and
(b) Shall ensure that his pupil adheres to the requirements pertaining to the instruction permit.
2. Before certifying the ability of an employee to drive a vehicle for which a Class A, Class B or Class C driver’s license is required, the third-party certifier must determine that the employee is able to operate safely and control fully that vehicle.
3. While administering any part of the driving skills test, a third-party certifier shall, at all times during the test, remain alert and be in a physical and mental state that renders him capable of taking physical control of the vehicle if necessary.
4. The third-party certifier shall state on a form approved by the Department the means by which he determined the qualifications of the employee to operate the vehicles for which a Class A, Class B or Class C driver’s license is required.
5. A third-party certifier shall maintain a record for each employee who applies for certification and who is subsequently certified by him. The record must include a description of the training and tests given to each employee. The record must be available for inspection by a representative of the Department during normal business hours.
[Dep’t of Motor Veh., Classification of Licenses Reg. § V subsecs. 1-4, eff. 4-29-82]—(NAC A 8-1-91; R001-98, 4-2-98; R159-01, 5-28-2002; R107-03, 2-18-2004)
NAC 483.183 Revocation, suspension or refusal to renew registration of third-party certifier: Authority of Department; reapplication after revocation; hearing. (NRS 483.908, 483.912)
1. The Department may revoke the registration of a third-party certifier who is registered pursuant to NAC 483.140 if:
(a) The third-party certifier has been convicted of:
(1) Driving under the influence of an intoxicating liquor or a controlled substance within the past 7 years;
(2) A gross misdemeanor or felony relating to the management of money or a business;
(3) Fraud;
(4) Embezzlement; or
(5) Possessing more than one valid driver’s license issued to him under a name other than his own, or issued to him by more than one state, or both; or
(b) The Department determines that the third-party certifier falsified an application or any other information to obtain or maintain his registration as a third-party certifier.
2. The Department may suspend the registration of a third-party certifier if the third-party certifier or his agent, officer or employee fails to cooperate fully with an authorized representative of the Department during an inspection of the third-party certifier.
3. The Director may temporarily suspend for not more than 30 days or refuse to renew the registration of a third-party certifier if the Director finds that such a temporary suspension or refusal to renew is in the public interest. The Department may conduct a hearing and issue a final decision on the matter within 30 days after the date on which the notice of temporary suspension or refusal to renew a registration is sent to the third-party certifier.
4. Any third-party certifier whose registration is revoked pursuant to this section:
(a) May not reapply for registration until 2 years after the date of revocation; and
(b) Must attend a training program approved by the Department for the certification of a driver at the time he reapplies for registration as a third-party certifier.
5. A third-party certifier may, within 30 days after the temporary suspension or revocation of, or refusal to renew, his registration pursuant to this section, request a hearing on the question of whether he committed one or more acts constituting grounds for the suspension, revocation or refusal to renew the registration. The hearing must be conducted pursuant to the provisions of chapter 233B of NRS, and judicial review must be available as provided therein.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-1-91; A by Dep’t of Motor Veh. by R159-01, 5-28-2002; R107-03, 2-18-2004)
Noncommercial Drivers’ Licenses
NAC 483.185 “Third-party certifier” defined. (NRS 481.051, 483.220) As used in NAC 483.185 to 483.197, inclusive, unless the context otherwise requires, “third-party certifier” means a person registered with the Department pursuant to NAC 483.190 to certify the driving ability of a person.
(Added to NAC by Dep’t of Motor Veh. by R107-03, eff. 2-18-2004)
NAC 483.186 Applicability of provisions. (NRS 481.051, 483.220) The provisions of NAC 483.185 to 483.197, inclusive, apply only with respect to noncommercial drivers’ licenses.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Dep’t of Motor Veh. by R159-01, 5-28-2002; R107-03, 2-18-2004)
NAC 483.188 Affidavit of driving ability: Acceptance by Department in lieu of demonstration of driving skills. (NRS 481.051, 483.220) If a vehicle which is needed for actual demonstration of the driving skills required for a Class A or Class B driver’s license is not readily available, the Department may accept an affidavit of driving ability in lieu of a demonstration of driving skills. Such an affidavit must be:
1. Completed by a third-party certifier who is registered pursuant to NAC 483.190; and
2. On a form provided by the Department.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Dep’t of Motor Veh. by R159-01, 5-28-2002)
NAC 483.190 Third-party certifier: Eligibility; scope of authority; assignment of number by Department. (NRS 481.051, 483.220)
1. Any person in this State who owns or leases two or more vehicles for which a Class A or Class B driver’s license is required, or the authorized employee of such a person, may apply to the Department for registration as a third-party certifier. Except as otherwise provided in subsection 2, a third-party certifier may certify the driving ability of a person desiring to obtain a Class A or Class B driver’s license and may sign an affidavit to that effect.
2. A person who is registered as a third-party certifier shall not:
(a) Certify the driving ability of a person unless the third-party certifier has at his disposal at least one vehicle requiring the same class of driver’s license as the class of driver’s license for which the person’s driving ability is being certified; or
(b) Sign an affidavit of certification for the operation of a vehicle for which a particular class of driver’s license is required unless the third-party certifier has at his disposal at least one vehicle requiring the same class of driver’s license as that required for the vehicle the operation of which is to be certified by affidavit.
3. A third-party certifier must:
(a) Successfully complete a course provided by the Department for administering a driving skills test for a noncommercial driver’s license;
(b) Hold a valid license of the class and type for which he is certifying the driving ability of a person and signing an affidavit of certification, but may not sign for himself; and
(c) Administer the driving skills test in a class of vehicle requiring the same class and type of license as the class and type of license for which the person’s driving ability is being certified.
4. The Department may assign a number to each person the Department registers as a third-party certifier. This number must be used when completing an affidavit of certification.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Dep’t of Motor Veh. by R159-01, 5-28-2002)
NAC 483.191 Registration of third-party certifier: Application; evaluations and inspections by Department; notification of denial of application; reapplication. (NRS 481.051, 483.220)
1. A person who is applying for registration as a third-party certifier pursuant to NAC 483.190 must complete an application on a form provided by the Department. This form may include, without limitation:
(a) An authorization for an investigation of the background of the applicant;
(b) An authorization for an investigation of the credit of the applicant;
(c) The personal history of the applicant;
(d) The driving history of the applicant; and
(e) A statement that the applicant has read and will comply with the regulations and requirements for certification adopted by the Department.
2. In evaluating the eligibility of an applicant for registration as a third-party certifier, the Department may consider the class of his driver’s license, his driving history and any additional information which the Department deems pertinent to his eligibility.
3. The evaluation of an application for registration as a third-party certifier may include an inspection of the site of the applicant’s place of business. This inspection may include, without limitation, a visual inspection of:
(a) The vehicles used for training;
(b) Copies of training programs;
(c) Skill tests;
(d) Driving tests;
(e) Tests of laws and regulations; and
(f) Qualifications of instructors.
4. If the Department denies an application, it will notify the applicant by certified mail of its decision. Except as otherwise provided in NAC 483.197, the applicant may reapply at any time on a new application form. The applicant must state in the new application the measures he has taken to correct the deficiency that caused the denial of the original application.
(Added to NAC by Dep’t of Motor Veh. by R159-01, eff. 5-28-2002)
NAC 483.192 Required notifications; renewal of registration of third-party certifier; recertification course. (NRS 481.051, 483.220)
1. If at any time the number of vehicles owned or leased by a third-party certifier, if the third-party certifier is an employer, or owned or leased by the person for whom the third-party certifier serves as an authorized employee, if the third-party certifier is an employee, falls below the minimum requirement of two vehicles, the third-party certifier shall immediately notify the Department.
2. If a third-party certifier does not maintain a valid driver’s license of the class for which he is authorized to certify, he shall immediately notify the Department.
3. A third-party certifier must notify the Department within 10 days after a change in address.
4. A third-party certifier who is registered pursuant to NAC 483.190 and who complies with the requirements of subsection 5 may, every fourth year, upon notification from the Department, renew his registration on a form furnished by the Department. If the third-party certifier fails to renew the registration within 30 days after notification, his registration as a third-party certifier expires and he must reapply for registration as a third-party certifier in the manner set forth in NAC 483.191.
5. A third-party certifier shall, every fourth year, successfully complete a recertification course provided by the Department. The recertification course must consist of at least 24 hours of instruction.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Dep’t of Motor Veh. by R159-01, 5-28-2002)
NAC 483.194 Monitoring by Department; correction of deficiencies. (NRS 481.051, 483.220)
1. The Department may, on an annual basis or as often as it deems necessary, monitor the:
(a) Instruction given;
(b) Teaching skills demonstrated; and
(c) Testing performed,
Ê by a third-party certifier who is registered pursuant to NAC 483.190.
2. If the Department determines after an inspection that a third-party certifier no longer meets the requirements for registration as a third-party certifier, it will notify the third-party certifier of the deficiencies. If the deficiencies are minor, the third-party certifier may be allowed 60 days to correct them. If the deficiencies are not corrected within that time, the Department may revoke the registration of the third-party certifier.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Dep’t of Motor Veh. by R159-01, 5-28-2002)
NAC 483.196 Third-party certifier: Instruction and certification of driving ability of person; records. (NRS 481.051, 483.220)
1. A third-party certifier who is registered pursuant to NAC 483.190 may not instruct a person in the driving or operation of a Class A or Class B motor vehicle by allowing the vehicle to be driven on a public highway unless the person has obtained an instruction permit for the class of vehicle he is learning to drive. The third-party certifier must ensure that his student adheres to the requirements pertaining to the instruction permit.
2. Before certifying the ability of a person to drive a vehicle for which a Class A or Class B driver’s license is required, the third-party certifier must determine that the person is able to operate safely and control fully the vehicle for which a Class A or Class B driver’s license is required, in a responsible manner ensuring the safety of the driving public.
3. The third-party certifier shall state on a form approved by the Department the means by which he determined the person’s qualifications to operate the vehicles for which a Class A or Class B driver’s license is required.
4. A third-party certifier shall maintain records of all persons applying for certification and subsequently certified by him. The record must include a description of the training and tests given to each person. These records must be available for inspection by a representative of the Department during normal business hours.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Dep’t of Motor Veh. by R159-01, 5-28-2002)
NAC 483.197 Revocation of registration of third-party certifier: Authority of Department; reapplication after revocation; hearing. (NRS 481.051, 483.220)
1. The Department may revoke the registration of a third-party certifier who is registered pursuant to NAC 483.190 if:
(a) The third-party certifier has been convicted of:
(1) Driving under the influence of an intoxicating liquor or a controlled substance within the past 7 years;
(2) A gross misdemeanor or felony relating to the management of money or a business;
(3) Fraud;
(4) Embezzlement; or
(5) Possessing more than one valid driver’s license issued to him under a name other than his own, or issued to him by more than one state, or both; or
(b) The Department determines that the third-party certifier falsified an application or any other information to obtain or maintain his registration as a third-party certifier.
2. Any third-party certifier whose registration is revoked pursuant to this section:
(a) May not reapply for registration until 2 years after the date of revocation; and
(b) Must attend a training program approved by the Department for the certification of a driver at the time he reapplies for registration as a third-party certifier.
3. Within 30 days after revocation of his registration pursuant to this section, a third-party certifier may request a hearing on the question of whether he committed one or more acts constituting grounds for such revocation. The hearing must be conducted pursuant to the provisions of chapter 233B of NRS and judicial review must be available as provided therein.
(Added to NAC by Dep’t of Motor Veh. by R159-01, eff. 5-28-2002)
LICENSES FOR INTERNATIONAL STUDENTS OR INSTRUCTORS
NAC 483.198 Definitions. (NRS 483.220, 483.247) As used in NAC 483.198 to 483.1986, inclusive, unless the context otherwise requires:
1. “International instructor” has the meaning ascribed to it in NRS 483.081.
2. “International student” has the meaning ascribed to it in NRS 483.082.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R134-97, eff. 11-14-97)
NAC 483.1982 Application. (NRS 483.220, 483.247) An international instructor or international student who applies for an original driver’s license or instruction permit or for the renewal or extension of a driver’s license or instruction permit must provide with his application:
1. If he is an international instructor, a letter, signed by the administrator of the educational institution located in this State at which he is an instructor, dated not earlier than 30 days before receipt of the application by the Department, as proof that he is an international instructor. The letter must include, without limitation:
(a) The date of his employment;
(b) A statement that indicates that the applicant is an instructor at the educational institution; and
(c) A statement that indicates that his employment with the educational institution is indefinite.
2. If he is an international student, a letter, signed by the administrator of the educational institution located in this State at which he is a student, dated not earlier than 30 days before receipt of the application by the Department, as proof that he is an international student. The letter must include, without limitation:
(a) The date of his enrollment;
(b) A statement that indicates that the applicant is a student at the educational institution; and
(c) A statement that indicates that his enrollment at the educational institution is indefinite.
3. Any other information or documentation requested by the Department, which may include, without limitation:
(a) An identification card issued by the educational institution, including, without limitation:
(1) An identification card for members of the staff or faculty; and
(2) An identification card for students;
(b) His school transcript; and
(c) His enrollment records.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R134-97, eff. 11-14-97; A by Dep’t of Motor Veh. by R083-03, 10-30-2003)
NAC 483.1984 Fee for extension. (NRS 483.220, 483.247) The Department will charge and collect a fee of $6 for the extension of a driver’s license issued to an international instructor or international student.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R134-97, eff. 11-14-97)
NAC 483.1986 Restriction. (NRS 483.220, 483.247) Each driver’s license or instruction permit issued to an international instructor or international student must contain a restriction X, which must be defined on the back of the license or permit as meaning that the holder thereof declares himself to be a resident of this State for the limited purpose of obtaining a driver’s license or instruction permit.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R134-97, eff. 11-14-97)
RESTRICTED LICENSES
Licenses Issued During Period of Suspension or Revocation of Drivers’ Licenses
NAC 483.200 Application; additional documentation required under certain circumstances. (NRS 483.220, 483.490)
1. An application for a restricted license issued pursuant to subsection 1 or 2 of NRS 483.490 must be completed on a form provided by the Department and submitted to the Division of Field Services of the Department for the area in which the applicant resides.
2. If the applicant is employed, the application must be completed by the applicant and his employer.
3. If the applicant is self-employed, he must provide the Department with a copy of his business license or other documents which are satisfactory to the Department verifying that he is self-employed.
4. If the applicant is unemployed, he must provide the Department with:
(a) Documentation which may include, but is not limited to, a notarized letter from any person familiar with the applicant’s need for such a restricted license. The letter must include:
(1) If applicable, a description of the applicant’s medical problems; and
(2) Verification of the inability of the applicant to obtain another method of transportation;
(b) A list of the specific days the applicant needs to drive to obtain medical care, medicine or food; and
(c) Any additional information requested by the Department concerning his fitness and eligibility to drive safely on the highways.
[Dep’t of Motor Veh., Restricted License Reg. § 11, eff. 4-29-82]—(NAC A 1-19-84; 9-13-85; 3-3-94; 8-29-96; R154-01, 2-12-2002)
NAC 483.210 Factors for determining whether to issue license. (NRS 483.220, 483.490) Upon receipt of a completed application, the Department will consider the following factors in determining whether or not to issue a restricted license:
1. The applicant’s complete driving history.
2. The applicant’s need for the license and the hardship to him if his application is denied.
3. The applicant’s need to drive on the job or to and from work.
4. The distance from the applicant’s residence to his place of employment.
5. The availability of public transportation or an alternate means of transportation to the applicant.
6. If the Department is notified by a court that the applicant is authorized to undergo a program of treatment for alcoholism or drug abuse pursuant to NRS 484.3794, the applicant’s need to drive to and from the treatment facility.
7. Any other information which is pertinent to evaluating the application.
[Dep’t of Motor Veh., Restricted License Reg. § III, eff. 4-29-82]—(NAC A 1-19-84; 8-29-96; R154-01, 2-12-2002)
NAC 483.220 Restrictions on issuance of license. (NRS 483.220, 483.490) A resident of Nevada who has had his driver’s license suspended or revoked will not be issued a restricted license pursuant to subsection 1 or 2 of NRS 483.490 if:
1. He lives within 2 miles of his place of employment unless he meets all other requirements for granting the license and presents satisfactory evidence that he is physically unable to walk the distance.
2. He has been convicted of:
(a) Six or more traffic violations which have been assigned four or more demerit points each within a period of 5 years; or
(b) Any of the following offenses during the previous 12 months:
(1) A felony committed with the use of a motor vehicle, including, but not limited to, voluntary manslaughter or causing the death of or substantial bodily harm to a person in violation of subsection 2 of NRS 484.377.
(2) Willfully failing or refusing to bring a vehicle to a stop, or otherwise fleeing or attempting to elude a peace officer in violation of NRS 484.348.
(3) Failing to stop at the scene of an accident in violation of NRS 484.219 or 484.221.
(4) Failing to render assistance in the event of a motor vehicle accident which resulted in the death of or injury to another person in violation of NRS 484.223.
(5) Violating a condition of a restricted license.
3. He has been convicted of any combination of the following offenses three or more times in the past 5 years:
(a) Driving or operating a motor vehicle while under the influence of intoxicants or drugs.
(b) Driving a motor vehicle while his license, permit or privilege to drive was revoked or suspended.
(c) Leaving the scene of an accident which resulted in injury or death.
(d) Reckless driving.
4. His license has been suspended pursuant to NRS 483.465 or chapter 485 of NRS.
5. He gives false information when applying for a restricted license.
6. His driving privilege is currently suspended, revoked or cancelled in another state.
7. He is 18 years of age or older and his driver’s license has been suspended pursuant to a court order for placing graffiti on or otherwise defacing the public or private property, real or personal, of another person in violation of NRS 206.330.
[Dep’t of Motor Veh., Restricted License Reg. § V, eff. 4-29-82]—(NAC A 1-19-84; 4-16-85; 9-13-85; 3-3-94; 8-29-96; R133-97, 11-14-97; R012-05, 11-17-2005)
NAC 483.225 Cancellation of license. (NRS 483.220, 483.490)
1. The Department will cancel a restricted license issued pursuant to subsection 1 or 2 of NRS 483.490 if:
(a) The holder’s driver’s license has been suspended for the accumulation of demerit points in violation of NRS 483.475, and the Department becomes aware that the holder of the restricted license:
(1) Did not complete an approved course in traffic safety within 6 months immediately preceding the suspension of his driver’s license or has not completed an approved course in traffic safety since the suspension of his driver’s license; and
(2) Will not complete an approved course in traffic safety within the period required pursuant to subsection 2 of NAC 483.240;
(b) The holder is convicted of a moving violation which has been assigned four or more demerit points during the period of the license or has had his privilege to drive suspended, revoked or cancelled for another reason;
(c) The holder does not comply with the conditions of the license;
(d) The holder becomes ineligible for a license pursuant to NAC 483.220; or
(e) The holder terminates his current employment.
2. If the restricted license of a person is cancelled pursuant to this section, the Department will not issue another restricted license to that person during the period of the suspension or revocation for which the original restricted license was issued.
(Added to NAC by Dep’t of Motor Veh., eff. 4-16-85; A 9-13-85; 3-3-94; 8-29-96; R154-01, 2-12-2002)
NAC 483.240 Prerequisites to issuance of license; contents; transfer prohibited. (NRS 483.220, 483.490)
1. Before the Department will issue a restricted license to an applicant, the applicant must:
(a) Comply with the requirements for reinstatement of his driver’s license set forth in NAC 483.478, except that a person who is exempt from the requirements for a commercial driver’s license pursuant to federal regulations and who is applying for a restricted Class A or Class B driver’s license may submit an affidavit of driving ability in lieu of passing a driving skills test.
(b) Sign an affidavit acknowledging that the restricted license will be cancelled by the Department if:
(1) He is convicted of a traffic violation which has been assigned four or more demerit points;
(2) His privilege to drive is suspended, revoked or cancelled for any reason other than the reason for which his license was suspended, revoked or cancelled when he applied for the restricted license;
(3) He fails to maintain proof of financial responsibility as required by chapter 485 of NRS; or
(4) He fails to notify the Department in writing of any change of his address or his employment, or any other information included in his application for the restricted license within 10 days after the change occurs. The notification required by this subparagraph must be submitted to the Division of Field Services of the Department to which the applicant submitted his application.
(c) Provide any additional information which may be required for the assessment of eligibility.
2. Before the Department will issue a restricted license to an applicant whose license has been suspended pursuant to NRS 483.475, the applicant must, in addition to complying with the requirements set forth in subsection 1, submit to the Department:
(a) Proof that he has completed an approved course in traffic safety within the 6 months immediately preceding the submission of his application; or
(b) A notice of his enrollment in an approved course in traffic safety which includes the dates on which the course will begin and end. The date on which the approved course will end must be not later than the date on which the suspension of the applicant’s driver’s license will end.
3. Before the Department will issue a restricted license to an applicant whose driver’s license has been revoked, the applicant must, in addition to complying with the requirements set forth in subsection 1, furnish to the Department proof of financial responsibility in the manner prescribed in subsection 1 of NRS 485.307.
4. All restricted licenses will contain the following information:
(a) The full name of the licensee.
(b) The current mailing address of the licensee.
(c) The licensee’s Nevada driver’s license number.
(d) The licensee’s social security number, unless he requests that it not appear on the license.
(e) The class of driver’s license.
(f) The expiration date of the restricted license.
(g) The date of birth of the licensee.
(h) A physical description of the licensee.
(i) Detailed driving restrictions on the license, which will include:
(1) The conditions under which the licensee may drive.
(2) The type of driving privilege authorized.
(3) The days and hours the licensee is permitted to drive.
(j) Other applicable instructions.
5. A restricted license is not transferrable and may be used only for the purpose stated on the license.
[Dep’t of Motor Veh., Restricted License Reg. § VI, eff. 4-29-82]—(NAC A 1-19-84; 4-16-85; 9-13-91; 3-3-94; 8-29-96; R154-01, 2-12-2002)
NAC 483.245 Satisfaction of conditions for reinstatement of revoked or suspended driver’s license. (NRS 483.220, 483.490) Except as otherwise provided in title 5 of NRS, if the Department has revoked or suspended a driver’s license pursuant to title 5 or chapter 483, 484 or 485 of NRS, before the issuance of a restricted license, the applicant must, in addition to satisfying other conditions for the issuance of a restricted license required by law, satisfy the conditions for reinstatement of a driver’s license.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-3-94; A 8-29-96; A by Dep’t of Motor Veh. by R218-03, 2-18-2004)
NAC 483.250 Denial of license. (NRS 483.220, 483.490) The Department will notify the applicant by certified mail of a denial of the application and of the reasons for the denial. The applicant may appeal the decision to the Department hearing officer within 30 days after receipt of the notice of denial.
[Dep’t of Motor Veh., Restricted License Reg. § VII, eff. 4-29-82]
NAC 483.252 Restrictions on use of license. (NRS 483.220, 483.490)
1. The holder of a restricted license issued pursuant to subsection 1 or 2 of NRS 483.490 shall not operate a motor vehicle except on the days and during the hours stated on his license.
2. Except as otherwise provided in subsection 3, the Department will not authorize the holder of a restricted license to operate a motor vehicle more than 6 days per week or more than 10 hours per day.
3. The Department may authorize the holder of a restricted license issued pursuant to subsection 5 of NRS 483.490 to drive a motor vehicle 7 days per week if the Department determines that the authorization is necessary for the holder of the license to exercise his right to visit a child.
4. An applicant for a restricted license which authorizes him to drive a motor vehicle 7 days per week must, in addition to the requirements set forth in NAC 483.245, submit to the Department the court order which authorizes the applicant to visit a child.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96)
NAC 483.254 Persons ineligible to receive license. (NRS 483.220, 483.490) The Department will not issue a restricted license to a person who:
1. Is under 18 years of age and has been prohibited from applying for a driver’s license pursuant to a court order issued pursuant to:
(a) Title 5 of NRS for placing graffiti on or otherwise defacing the public or private property, real or personal, of another person, in violation of NRS 206.125 or 206.330; or
(b) Title 5 of NRS for handling or possessing a firearm or having a firearm under his control in violation of NRS 202.300; or
2. Is 18 years of age or older and has been prohibited from applying for a driver’s license pursuant to a court order for placing graffiti on or otherwise defacing the public or private property, real or personal, of another person in violation of NRS 206.330.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96; A by Dep’t of Motor Veh. by R218-03, 2-18-2004)
Licenses Issued to Persons With Medical Hardship in Family or for Transportation to School
NAC 483.265 Application: Form; submission; contents. (NRS 483.220, 483.267, 483.270)
1. An application for a restricted license issued pursuant to NRS 483.267 or 483.270 must be completed on a form provided by the Department and submitted to the Division of Field Services of the Department for the area in which the applicant resides.
2. An application must include:
(a) The name, date of birth and social security number of the applicant;
(b) The applicant’s mailing address and the address of his residence, if that address is different from his mailing address;
(c) The names, driver’s license numbers and signatures of the applicant’s parents or legal guardians;
(d) The names, addresses and telephone numbers of the employers of the parents or legal guardians of the applicant;
(e) A description of the reasons for which the applicant needs to operate a motor vehicle;
(f) A list of the days on which and the hours during which the applicant needs to operate a motor vehicle;
(g) A description of the route along which the applicant will drive if he is issued a restricted license; and
(h) Any other information requested by the Department.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96; A by Dep’t of Motor Veh. by R154-01, 2-12-2002)
NAC 483.266 Application for license for person with medical hardship in family. (NRS 483.220, 483.267) In addition to the information required pursuant to NAC 483.265, an application for a restricted license issued pursuant to NRS 483.267 must include:
1. The name and social security number of the member of the applicant’s household who has a medical condition which renders that member unable to operate a motor vehicle.
2. The following information relating to the medical condition of that member of the applicant’s household:
(a) A description of the medical condition;
(b) A statement verifying that the medical condition renders that member of the applicant’s household unable to operate a motor vehicle;
(c) A statement concerning whether the medical condition is temporary or permanent; and
(d) If the medical condition is temporary, an estimate of the time necessary for recovery from the condition.
Ê The information required by this subsection must be signed and dated by the physician who treated that member of the applicant’s household not more than 30 days before the date on which the Department receives the application.
3. The name, address and telephone number of the physician who treated the member of the applicant’s household who has a medical condition which renders that member unable to operate a motor vehicle.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96)
NAC 483.267 Application for license for transportation to school. (NRS 483.220, 483.270)
1. In addition to the information required pursuant to NAC 483.265, an application for a restricted license issued pursuant to NRS 483.270 must include:
(a) The name, address and telephone number of the school the applicant attends;
(b) The number of miles from the applicant’s residence to the school he attends; and
(c) A written statement signed by the registrar or any other member of the administrative staff of the school the applicant attends which sets forth:
(1) Whether the applicant is authorized to attend a school other than the school to which he was assigned by the school district;
(2) Whether the school district provides transportation between the applicant’s residence and the school he attends;
(3) The dates on which the semesters for which the license will be used begin and end; and
(4) The hours during which the applicant will be in school each day.
2. If the applicant’s residence is not more than 2 miles from the school which he attends or the nearest location where transportation is provided by the school or school district, the applicant must submit with his application a letter from the physician who treated the applicant which includes:
(a) A statement that the applicant’s medical condition prevents him from walking the distance between his residence and the school or the location nearest his residence where transportation is provided by the school or school district;
(b) A statement that the applicant’s medical condition will not adversely affect his ability to operate a motor vehicle safely; and
(c) If the applicant is taking medication for his medical condition, a statement that the medication will not adversely affect the applicant’s ability to operate a motor vehicle safely.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96)
NAC 483.268 Examinations. (NRS 483.220, 483.267, 483.270, 483.330) Before the issuance of a restricted license pursuant to NRS 483.267 or 483.270, an applicant must pass a written examination, vision examination and driving examination administered by the Department.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96)
NAC 483.269 Factors for determining whether to issue license. (NRS 483.220, 483.267, 483.270)
1. Upon receipt of a completed application, the Department will consider the following factors in determining whether to issue a restricted license pursuant to NRS 483.267 or 483.270:
(a) The applicant’s need for the license and the hardship he will experience if his application is denied;
(b) The availability of any licensed drivers who are members of the applicant’s household who are able to transport the person who has a medical condition which renders him unable to operate a motor vehicle or drive the applicant to and from school;
(c) The availability of public transportation or any other means of transportation for the applicant or the person who has a medical condition which renders him unable to operate a motor vehicle; and
(d) Any other information which the Department may require to evaluate the application.
2. In addition to the factors set forth in subsection 1, the Department will consider the following factors in determining whether to issue a restricted license pursuant to NRS 483.270:
(a) The distance from the applicant’s residence to the school or the location where transportation is provided by the school or school district and, if the distance is not more than 2 miles, the applicant’s ability to walk that distance;
(b) Whether the applicant attends the school to complete special studies or a program in alternative education which is not offered at the school to which he was assigned; and
(c) If the applicant is attending a private school:
(1) Whether transportation is provided by the school; and
(2) Whether it is impossible or impracticable to furnish private transportation to and from school.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96; A by R133-97, 11-14-97)
NAC 483.270 Denial of license: Grounds. (NRS 483.220, 483.267, 483.270) The Department will deny an application for a restricted license issued pursuant to NRS 483.267 or 483.270 if:
1. The applicant is prohibited from applying for a driver’s license by a court order issued pursuant to:
(a) Title 5 of NRS for placing graffiti on or otherwise defacing the public or private property, real or personal, of another person, in violation of NRS 206.125 or 206.330; or
(b) Title 5 of NRS for handling or possessing a firearm or having a firearm under his control in violation of NRS 202.300; or
2. A member of the applicant’s household is a licensed driver who is able to provide transportation for the applicant or the member of the household who has a medical condition that renders that member unable to operate a motor vehicle.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96; A by Dep’t of Motor Veh. by R218-03, 2-18-2004)
NAC 483.271 Denial of license: Additional grounds for license for transportation to school. (NRS 483.220, 483.270) The Department will deny an application for a restricted license issued pursuant to NRS 483.270 if:
1. The applicant lives not more than 2 miles from the school or the nearest location where transportation is provided by the school district.
2. The applicant is authorized to attend a school other than the school to which he was assigned by the school district.
3. Public transportation or any other means of transportation is available to the applicant.
4. The restricted license is requested for the purpose of attending:
(a) Extracurricular activities which occur before or after regular school hours; or
(b) Summer school, unless all of the pupils in the school are required to attend school during the summer or it is necessary for the applicant to attend high school during the summer in order to graduate during that summer.
5. The applicant is attending a public school in this State in:
(a) A county whose population is 35,000 or more; or
(b) A city or town whose population is 25,000 or more.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96; A by R133-97, 11-14-97, eff. 10-1-98)
NAC 483.272 Denial of license: Notification by certified mail; appeal. (NRS 483.220, 483.267, 483.270) The Department will notify the applicant by certified mail of a denial of an application for a restricted license issued pursuant to NRS 483.267 or 483.270 and of the reason for the denial. The applicant may appeal the decision to the Department hearing officer within 30 days after receipt of the notice of denial.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96)
NAC 483.273 Contents of license; expiration. (NRS 483.220, 483.267, 483.270)
1. A restricted license issued pursuant to NRS 483.267 or 483.270 will contain the following information:
(a) The full name of the licensee;
(b) The mailing address of the licensee;
(c) The date of birth of the licensee;
(d) A physical description of the licensee;
(e) A unique number assigned by the Department;
(f) The licensee’s social security number, unless he requests that it not appear on the license;
(g) The class of driver’s license;
(h) The expiration date of the restricted license;
(i) Driving restrictions on the license, which will include:
(1) The conditions under which the licensee may drive;
(2) The type of driving privilege authorized;
(3) The days and hours the licensee is permitted to drive; and
(4) The route along which the licensee is permitted to drive; and
(j) Any other applicable instructions.
2. Unless the Department establishes an earlier date of expiration, a restricted license issued pursuant to NRS 483.267 or 483.270 expires on the licensee’s 16th birthday.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96)
NAC 483.274 Restrictions on use of license. (NRS 483.220, 483.267, 483.270)
1. The holder of a restricted license issued pursuant to NRS 483.267 or 483.270 shall not operate a motor vehicle except:
(a) On the days and during the hours stated on his license;
(b) Along the route designated on the license; and
(c) Pursuant to any other restrictions the Department may impose.
2. Except as otherwise provided in paragraph (d) of subsection 3 of NRS 483.270, the holder of a restricted license issued pursuant to NRS 483.270 shall not transport passengers in a motor vehicle operated by him.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96)
NAC 483.275 Renewal of license prohibited; requirements for extension of license; examinations not required under certain circumstances. (NRS 483.220, 483.267, 483.270, 483.330)
1. The Department will not renew a restricted license issued pursuant to NRS 483.267 or 483.270.
2. The Department may extend the expiration date for a restricted license issued pursuant to NRS 483.267 if:
(a) The license was issued to the licensee because a member of his household had a temporary medical condition which rendered that member unable to operate a motor vehicle; and
(b) Because of that medical condition, the member of the licensee’s household is unable to operate a motor vehicle when the restricted license expires.
3. The Department may waive any of the examinations required pursuant to NAC 483.268 if the applicant was the holder of a restricted license issued pursuant to NRS 483.270 which expired not more than 6 months before the Department received the application for a new restricted license.
4. The Department will not require an applicant for an unrestricted driver’s license to pass a written, vision or driving examination administered pursuant to NRS 483.330 if:
(a) He complies with all other requirements for the issuance of a driver’s license; and
(b) He was issued a restricted license pursuant to NRS 483.267 or 483.270 which expired not more than 6 months before the Department received his application for a driver’s license.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96)
NAC 483.276 Cancellation of license. (NRS 483.220, 483.267, 483.270) The Department will cancel a restricted license issued pursuant to NRS 483.267 or 483.270 if:
1. The holder of the license:
(a) Is convicted of a moving violation or has his privilege to drive suspended, revoked or cancelled for any reason;
(b) Does not comply with the conditions of the license;
(c) Falsified any of the information on his application for the license; or
(d) Fails to maintain proof of financial responsibility as required by chapter 485 of NRS;
2. The Department becomes aware that the reason for which the restricted license was issued no longer exists; or
3. The parent or legal guardian of the holder of the license requests that the license be cancelled pursuant to NRS 483.310.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 8-29-96)
PHYSICAL AND MENTAL DISABILITIES AND RESTRICTIONS ON LICENSES
General Provisions
NAC 483.280 Definitions. (NRS 481.051, 483.220, 483.360) As used in NAC 483.280 to 483.415, inclusive, unless the context otherwise requires, the words and terms defined in NAC 483.285, 483.290 and 483.295 have the meanings ascribed to them in those sections.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
NAC 483.285 “Carrier lens” defined. (NRS 481.051, 483.220, 483.360) “Carrier lens” means the corrective lens to which a telescopic device is attached.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
NAC 483.290 “Field of vision” defined. (NRS 481.051, 483.220, 483.360) “Field of vision” means a measurement of the area visible to a person without moving his eyes.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
NAC 483.295 “Telescopic device” defined. (NRS 481.051, 483.220, 483.360) “Telescopic device” means a lens, spectacle, telescope or other magnifier which, when attached to a carrier lens, improves the ability of the person looking through the device to see objects at a distance.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
NAC 483.300 Sources of information regarding disabilities. (NRS 481.051, 483.220, 483.360)
1. The Department has good cause to believe written information which is received from:
(a) Federal, state or local police authorities;
(b) Licensed physicians, psychiatrists, psychologists and optometrists;
(c) The Department of Health and Human Services;
(d) The State Industrial Insurance System;
(e) State and private health institutions or health practitioners;
(f) Federal or state courts; or
(g) Authorized representatives of the Department, or any other information given under oath.
2. Upon receipt of such information, the Department will act upon it as if it were true, unless and until sufficient proof is presented to indicate the original information was untruthful.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § II, eff. 4-29-82]—(NAC A by R015-97, 11-14-97)
NAC 483.310 Examination of applicant or licensee. (NRS 481.051, 483.220, 483.360)
1. If a representative of the Department has good cause to believe that an applicant is afflicted with or suffering from any physical or mental disability or disease which may prevent the applicant from operating a motor vehicle safely or which makes such operation hazardous to public safety, the Department may require physical or mental examinations and reports by a licensed physician, psychiatrist, psychologist, certified drug and alcohol counselor or any other competent authority acceptable to the Department. The cost of the examination must be borne by the person whose fitness to operate a motor vehicle safely is in question. The applicant must submit a medical report to the Department that is completed and signed by his physician. The medical report must indicate whether the condition of the applicant and any medication prescribed for the applicant would affect his ability to operate a motor vehicle safely. The report must be submitted within 30 days after the date of the physical or mental examination.
2. The Department will include, as part of the application for a driver’s license, renewal or permit, questions as to the existence of physical or mental conditions which may impair the ability of the applicant to operate a motor vehicle safely or which make such operation hazardous to the public safety. These questions must be answered by each applicant for a driver’s license or permit and by each licensee seeking renewal of his driver’s license.
3. If the answer to any such question indicates the existence of any physical or mental disability which the Department determines may prevent him from safely operating a motor vehicle, the Department may require an examination of the applicant by a licensed physician or psychiatrist, psychologist, certified drug and alcohol counselor or any other competent authority acceptable to the Department as a prerequisite to the issuance of a license or permit. The examination must be completed on a form furnished by or acceptable to the Department. The cost of the examination must be borne by the person whose fitness to operate a motor vehicle safely is in question. The medical reports are advisory and are not binding on the Department.
4. The Department will not issue a license to an applicant before evaluation of the medical report by the Department or the Medical Advisory Board. If the medical report is received within 30 days after the date of the physical or mental examination, or 90 days after the visual examination, the Department will evaluate the applicant and will issue or deny the license or instruction permit, with or without restrictions.
5. The Department may use the results of any physical or mental examinations or reports only to determine the physical or mental competency of the person for the purpose of revoking, suspending, allowing a voluntary surrender and cancelling, denying or issuing a driver’s license or permit. This information is privileged and may be released only to the person examined, to the attorney of the person examined upon his written release, pursuant to a court order or to the Departmental hearing officer upon the person’s written request for a hearing.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § III, eff. 4-29-82]—(NAC A by R015-97, 11-14-97)
NAC 483.320 Revocation, suspension, cancellation and voluntary surrender of license. (NRS 481.051, 483.220, 483.360)
1. The Department will revoke the driver’s license of any person who fails to submit to an examination within 15 days after it is requested.
2. Except as otherwise provided in subsection 3, if a licensee fails twice within a 3-year period to comply with a restriction placed by the Department on his license, the Department will suspend his license for 3 months.
3. If a licensee fails to comply with Restriction M, N or O, or any combination thereof, as those restrictions are described in NAC 483.350 and 483.365, the Department will cancel his license.
4. If it is determined that a licensee is physically or mentally incompetent to operate a motor vehicle, the Department may afford the licensee the opportunity to surrender his driver’s license voluntarily. Upon receipt of the license, the Department will cancel the driving privilege and issue an identification card at no charge. The licensee may apply for a reinstatement of his driver’s license if he presents medical evidence satisfactory to the Department that he is physically or mentally capable of operating a motor vehicle. If the licensee fails to surrender his license voluntarily to the Department within 15 days after the Department requests the surrender, the Department will suspend his driving privilege. The Department will revoke the suspension of the driving privilege of the licensee, cancel his driver’s license and allow the licensee to apply for a new driver’s license pursuant to the provisions of NRS 483.010 to 483.630, inclusive, if the licensee submits to the Department proof that is satisfactory to the Department that he was physically unable to surrender his driver’s license when requested.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § IV, eff. 4-29-82]—(NAC A by R015-97, 11-14-97; R080-02, 9-10-2002)
NAC 483.330 Persons required to submit medical reports; no fee for imposition of medically related restriction. (NRS 481.051, 483.220, 483.360) A person who has experienced any of the following physical or medical ailments or any related ailments, and who is applying for or renewing a driver’s license or who is requested by the Department to obtain a medical examination, must submit a written medical report describing the ailment and its effect on the person’s ability to operate a motor vehicle safely:
1. Any person who experienced a lapse of consciousness occurring within the last 3 years as a result of a condition which can cause a lapse of consciousness, including, without limitation, epilepsy, diabetes, frequently reoccurring fainting or dizzy spells caused by major medical problems and major head injuries or any other injuries or ailments resulting in lapses of consciousness.
2. Any person having a cardiovascular ailment or related ailment occurring within the last 3 years which may interfere with the ability of the person to operate a motor vehicle safely, including, without limitation, myocardial infarction, angina pectoris, coronary insufficiency, thrombosis or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse or congestive cardiac failure.
3. Any person who has a mental, nervous or functional disease or psychiatric disorder which is likely to interfere with his ability to operate a motor vehicle safely.
4. Any person who has an established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular or vascular disease which may interfere with his ability to control and operate a motor vehicle safely.
5. Any person who has had three convictions of driving under the influence within the last 4 years.
6. Any person who does not have visual acuity of at least 20/40 (Snellen) in both eyes with corrective lenses.
7. Any person who the examiner has good cause to believe has a medical problem not specified herein which may interfere with the safe operation of a motor vehicle.
Ê The Department will not charge a fee to any person who is required to add a restriction to his license as a result of a medical condition.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § V, eff. 4-29-82]—(NAC A by R015-97, 11-14-97)
NAC 483.340 Vision screening standards. (NRS 481.051, 483.220, 483.360)
1. The following summary of vision standards consists of minimum levels of acceptable vision and the restrictions that will be imposed on a driver if he fails to meet those minimum levels:
(a) Vision with no progressive abnormalities or diseases of the eye:
(1) Better than and including 20/40 - full driving privileges.
(2) Worse than 20/40 through and including 20/70 - daylight driving only.
(3) Worse than 20/70 - not eligible to be licensed.
(b) Vision with progressive abnormalities or diseases of the eye:
(1) Better than and including 20/40 - full driving privileges.
(2) Worse than 20/40 through and including 20/60 - daylight driving only and yearly visual examination.
(3) Worse than 20/60 - not eligible to be licensed.
(c) Drivers with vision of 20/100 or worse in one eye and the vision in the other eye is:
(1) Better than and including 20/40 - full driving privileges.
(2) Worse than 20/40 through and including 20/50 - daylight driving only and yearly visual examination.
(3) Worse than 20/50 - not eligible to be licensed.
2. A person who fails to meet the minimum levels of acceptable vision for a license may not be licensed to drive, and the Department shall not administer a driving test to that person. A person who fails to meet minimum standards may submit a medical report by a physician or optometrist licensed to practice in this State for consideration by the Department or the Medical Advisory Board. The Department may request additional opinions or supporting information if a medical report is questionable or unclear. All medical reports are advisory and are not binding on the Department.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § VI, eff. 4-29-82]—(NAC A by R015-97, 11-14-97)
NAC 483.350 Medically related restrictions. (NRS 481.051, 483.220, 483.360, 483.908)
1. The restrictions and compulsory requirements described in subsection 2 may be imposed when licensing persons to drive. A driver’s license will not be issued and a driving test will not be conducted until the applicant complies with the provisions of this section.
|
2. Restriction and Description |
|
Criteria for Restriction |
|
|
|
|
|
Restriction A - Corrective lenses. |
|
This restriction is placed on the driver’s license of a person who meets the minimum levels of acceptable vision set forth in NAC 483.340 only with the aid of corrective lenses. |
|
|
|
|
|
Restriction B - Telescopic device. |
|
This restriction is placed on the driver’s license of a person who meets the minimum levels of acceptable vision set forth in NAC 483.340 only with the aid of a telescopic device. |
|
|
|
|
|
Restriction C - Additional rearview mirrors. |
|
This restriction is placed on the driver’s license of a person who is legally blind (20/200) in the right eye, whose hearing is impaired, who is required to wear a telescopic device while operating a motor vehicle or whose mobility of his head or neck is limited. The restriction may specify the requirement of a right or left outside mirror, outside mirrors on both sides, a wide rearview mirror or a mirror that extends across the entire width of the interior of the windshield. |
|
|
|
|
|
Restriction G - Directional signals. |
|
This restriction is placed on the driver’s license of a person who is physically unable to perform signals with his arms or whose license is restricted to hand controls. |
|
|
|
|
|
Restriction H - Grip on steering wheel or power steering. |
|
This restriction is placed on the driver’s license of a person who has difficulty gripping or turning the steering wheel of the motor vehicle. |
|
|
|
|
|
Restriction I - Hearing aid. |
|
This restriction may be placed on the driver’s license of a person who wears a hearing aid. |
|
|
|
|
|
Restriction J - Seat cushion or automatic seat. |
|
This restriction is placed on the driver’s license of a person who the examiner determines is unable to see adequately out of the windows or reach the control pedals because of his size. This restriction is not limited to a seat cushion or automatic seat if another device is available. |
|
|
|
|
|
Restriction K - Hand controls or pedal extensions. |
|
This restriction is placed on the driver’s license of a person who is physically unable to operate the control pedals of a motor vehicle. |
|
|
|
|
|
Restriction L - Left foot accelerator. |
|
This restriction is placed on the driver’s license of a person who is physically unable to operate the right foot accelerator. |
|
|
|
|
|
Restriction M - Yearly vision examination. |
|
This restriction is placed on the driver’s license of any person who is required to wear a telescopic device while operating a motor vehicle or a person whose vision is 20/50 or worse in both eyes and who is determined by an eye specialist to have a progressive abnormality or disease of the eye or a person whose vision is 20/100 or worse in one eye and whose vision is worse than 20/40 in the other eye. |
|
|
|
|
|
Restriction N - Yearly medical letter. |
|
This restriction is placed on the driver’s license of a person who has had seizures or episodes of altered consciousness within the last 3 years or another physical or mental condition that his physician determines necessitates a yearly medical examination. |
|
|
|
|
|
Restriction P - Physical examination every 2 years. |
|
This restriction is placed on the driver’s license of a person obtaining a commercial driver’s license. |
|
|
|
|
|
Restriction Q - Must wear prosthetic device. |
|
This restriction is placed on the driver’s license of a person who is required to wear a prosthetic device while operating a motor vehicle.
|
|
|
|
|
|
Restriction 7 - Medical waiver. |
|
This restriction is placed on the commercial driver’s license of a person who obtains a waiver pursuant to the provisions of NAC 483.803. |
3. The Department will place any other restriction that is not otherwise described in this section or NAC 483.365 upon the driver’s license of a person if the physician of that person so recommends.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § VII, eff. 4-29-82]—(NAC A 9-13-91; 11-7-95; R015-97, 11-14-97)
NAC 483.360 Restrictions not medically related. (NRS 481.051, 483.220, 483.360, 483.908)
1. The restrictions and compulsory requirements described in subsection 2 may be imposed when licensing persons to drive.
|
2. Restriction and Description |
|
Criteria for Restriction |
|
|
|
|
|
Restriction S - Mail renewal, retest required. |
|
This restriction is placed on the driver’s license of a person who is out of the State at the time of renewal and is required to take a test for the renewal of his license, but is unable to do so until returning to Nevada. |
|
|
|
|
|
Restriction T - To and from school only. |
|
This restriction is placed on the driver’s license of a person between 14 and 18 years of age who is granted a restricted driver’s license to drive to and from school. |
|
|
|
|
|
Restriction U - Motorcycle not to exceed 90 cubic centimeters. |
|
This restriction is placed on the driver’s license of a driver who performs the skill portion of the test on a motorcycle which has 90 cubic centimeters or less. The driver may only operate a motorcycle having 90 cubic centimeters or less. |
|
|
|
|
|
Restriction V - No passengers on motorcycle. |
|
This restriction is placed on a Class M driver’s instruction permit and prohibits the holder from carrying passengers on a motorcycle. |
|
|
|
|
|
Restriction W - Direct visual supervision by a person 21 years of age or older. |
|
This restriction is placed on a Class M driver’s instruction permit and requires the holder, while operating a motorcycle, to be under the direct visual supervision of a person who is licensed to operate a motorcycle and at least 21 years of age. |
|
|
|
|
|
Restriction Y - Ignition Interlock Device. |
|
This restriction is placed on the driver’s license of a person if the Department receives a copy of an order of a court of competent jurisdiction that requires that person to install a device in a motor vehicle which he owns or operates pursuant to the provisions of NRS 484.3943 or if the person is required to install such a device pursuant to the provisions of the laws of another state, the District of Columbia, any territory or possession of the United States or any other country. |
|
|
|
|
|
Restriction Z - Moped. |
|
This restriction is placed on the driver’s license of a driver who performs the skill portion of the test on a moped. The driver may only operate a moped as defined by NRS 483.088. |
|
|
|
|
|
Restriction 1 - No air brakes. |
|
This restriction is placed on the driver’s license of a person who does not pass a knowledge test and a driving skills test in a vehicle which is equipped with air brakes.
|
|
Restriction 2 - Intrastate operation of a commercial motor vehicle only. |
|
This restriction is placed on the commercial driver’s license of a person who does not meet the requirements set forth in 49 C.F.R. §§ 391.41 to 391.49, inclusive, or who is under 21 years of age.
|
|
Restriction 3 - May transport passengers in vehicles falling within Class B or Class C only. |
|
This restriction is placed on the Class A commercial driver’s license of a person who completes the skills test for a passenger endorsement in a vehicle falling within Class B.
|
|
Restriction 4 - May transport passengers in vehicles falling within Class C only. |
|
This restriction is placed on the Class A or Class B commercial driver’s license of a person who completes the skills test for a passenger endorsement in a vehicle falling within Class C.
|
|
Restriction 5 - May tow a vehicle with a gross vehicle weight rating of more than 10,000 pounds only when operating a noncommercial vehicle falling within Class C.
|
|
This restriction is placed on a Class B driver’s license that contains a J endorsement. |
|
Restriction 6 - May tow a combination of vehicles weighing less than 10,000 pounds and not exceeding 70 feet only when operating a noncommercial vehicle. |
|
This restriction is placed on every commercial driver’s license that contains an R endorsement. |
|
|
|
|
|
Restriction 8 - May tow a forklift only. |
|
This restriction is placed on the Class A commercial driver’s license of a person if he completes the driving skills test towing a forklift.
|
|
Restriction 9 - May operate only vehicles falling within Class A that are tow cars. |
|
This restriction is placed on the Class A commercial driver’s license of a person if he completes the driving skills test in a tow car. |
3. As used in this section, “tow car” has the meaning ascribed to it in NRS 484.201.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § VIII, eff. 4-29-82]—(NAC A 9-13-91; 11-7-95; R015-97, 11-14-97; R002-98, 4-2-98)
NAC 483.365 Additional restrictions. (NRS 481.051, 483.220, 483.360, 483.908)
1. The restrictions and compulsory requirements described in subsection 2 may be imposed when licensing persons to drive. A driver’s license will not be issued and a driving test will not be conducted until the applicant complies with the provisions of this section.
|
2. Restriction and Description |
|
Criteria for Restriction |
|
|
|
|
|
Restriction D - Daylight driving only. |
|
This restriction is placed on the driver’s license of a person with visual acuity of 20/50 or worse in both eyes, who is required to wear a telescopic device while operating a motor vehicle or who holds a motorcycle driver’s instruction permit. |
|
|
|
|
|
Restriction E - Speed not to exceed 45 miles per hour. |
|
This restriction is placed on the driver’s license of a person who is required to wear a telescopic device while operating a motor vehicle or upon the recommendation of a physician or the Department after the administration of a driving test to the applicant. |
|
|
|
|
|
Restriction F - Automatic transmission. |
|
This restriction is placed on the driver’s license of a person who is physically unable to operate a motor vehicle that is equipped with a manual transmission or any person who completed the driving skills test for his Class A or Class B noncommercial driver’s license or his commercial driver’s license in a motor vehicle that is equipped with an automatic transmission. |
|
|
|
|
|
Restriction O - Yearly driving test. |
|
This restriction is placed on the driver’s license of a person based on the person’s performance on his driving test or on the driver’s license of a person who is required to wear a telescopic device while operating a motor vehicle. |
|
|
|
|
|
Restriction R - No hazardous cargo that requires placarding or no passengers for hire. |
|
This restriction applies to commercial drivers’ licenses and is placed on the commercial driver’s license of a person who is under 21 years of age, who has impaired vision or who has a clinical diagnosis of epilepsy or any other ailment that is likely to cause a loss of consciousness, unless the person obtains a waiver pursuant to the provisions of NAC 483.803. |
|
|
|
|
|
Restriction X - Other restriction or instruction permit. |
|
This restriction is used for any other restrictions that are not described in this section, NAC 483.350 or 483.360 and is placed on each instruction permit issued by the Department. |
3. The Department will place any other restriction that is not described in this section or NAC 483.350 upon the driver’s license of a person if the physician of that person so recommends.
4. As used in this section, “hazardous cargo that requires placarding” means any substance that requires the motor vehicle that transports that substance to bear a placard pursuant to the provisions of 49 C.F.R. § 397.2, as that regulation existed on November 14, 1997.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R015-97, eff. 11-14-97)
NAC 483.370 Denial of license: Physical or mental conditions. (NRS 481.051, 483.220) If one or more of the following physical or mental conditions exist and there is documented evidence through medical examinations or reports in addition to appropriate departmental evaluations and examinations which indicate the disorder would severely impair the person’s ability to operate safely a motor vehicle, the Department will not issue or renew the license, permit or privilege. The existence of one of these conditions does not automatically preclude the person from obtaining a license if the condition is not severe enough to impair his driving ability:
1. Lapses of consciousness, severe dizziness, fainting spells, head injuries, seizures or any other injuries or ailments resulting in lapses of consciousness, including, without limitation, epilepsy or disorders related to or associated with diabetes. A person suffering from lapses of consciousness or any other disorder as specified above will not be issued a license until he submits to the Department a letter signed by his physician which states that:
(a) He has been free of seizures or has not suffered any fainting or dizzy spells or other such disorders for a period of 3 months; or
(b) The seizure or other ailment resulting in the lapse of consciousness was an isolated incident and is unlikely to reoccur.
Ê The letter must also state whether any medication prescribed for the person will interfere with the ability of the person to operate a motor vehicle safely and the date of the most recent seizure or lapse of consciousness.
2. Any cardiovascular ailment or related ailment such as myocardial infarction, angina pectoris, coronary insufficiency, thrombosis or any other disease of a variety known to be accompanied by syncope, dyspnea, collapse or congestive cardiac failure.
3. High blood pressure.
4. Any physical or mental condition which impairs the ability of the person to operate a motor vehicle safely and which:
(a) Affects perception;
(b) Affects consciousness, including, without limitation, epilepsy;
(c) Alters judgment, including, without limitation, dementia or mental illness; or
(d) Limits motion, including, without limitation, arthritis, paralysis or amputation.
5. Any respiratory dysfunction.
6. Any rheumatic, arthritic, orthopedic, muscular, neuromuscular or vascular diseases.
7. Inability to meet the minimum levels of acceptable vision established by the Department.
8. Visual acuity obtained with the use of bioptic and telescopic lenses.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § IX, eff. 4-29-82]—(NAC A by R015-97, 11-14-1997)
NAC 483.380 Medical Advisory Board. (NRS 481.051, 483.220)
1. The Director of the Department of Motor Vehicles or his authorized representative may request an advisory opinion from the Medical Advisory Board in the case of any person applying for a driver’s license, permit or renewal of them, any person whose license has been suspended, revoked, cancelled or denied for any person being examined under the provisions of NRS 483.330, 483.480 or the regulations of the Department, whenever he has good cause to believe that such person suffers from any physical or mental disability or disease that may prevent such person from safely operating a motor vehicle.
2. The Board shall assist the Department by developing medical and health standards for use in the issuance of driver’s licenses by the Department so as to prevent the issuance of licenses to those persons suffering from physical or mental disabilities or diseases which prevent the safe operation of a motor vehicle.
3. The Board shall meet when the Director of the Department of Motor Vehicles or his authorized representative so requests.
4. The Medical Advisory Board may use medical reports submitted to or made by the Board only to determine the mental or physical condition of an applicant. This information is privileged and may be released only to the person examined, to the attorney of the person examined upon his written release or pursuant to a court order. Reports of the Medical Advisory Board may be admitted in proceedings under chapter 483 of NRS and the regulations of the Department.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § X, eff. 4-29-82]
NAC 483.390 Hearings. (NRS 481.051, 483.220)
1. A licensee has 30 days after the effective date of a suspension, revocation or cancellation of a license or permit, the denial of an application or imposition of a restricted license to request a hearing before the departmental hearing officer. If the licensee does not request a hearing until after the 30-day period, the Department in its discretion, may grant the request.
2. Upon request, the applicant or licensee shall provide the hearing officer all available information which the hearing officer deems necessary to determine the fitness of the applicant or licensee to operate a motor vehicle safely, including the licensee’s or applicant’s statement of his case history and any treating physician’s statement as to the diagnosis, treatment and prospect of recovery from or control of the ailment.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § XI, eff. 4-29-82]
NAC 483.400 Reinstatement of license or issuance after denial; submission of information regarding hazard to public welfare. (NRS 481.051, 483.220, 483.495)
1. If a person who, for medical or physical reasons or because his licensing would be hazardous to public safety, has been denied a license or permit, or has had his license suspended, revoked or cancelled subsequently applies for issuance or reinstatement of the license or permit, he may be required to submit the following information:
(a) A current statement of his case history.
(b) A current statement concerning the ailment by any treating physician or psychiatrist, psychologist, certified drug and alcohol counselor or any other competent authority acceptable to the Department. The statement must include the diagnosis, treatment and prospect of recovery from or control of the ailment.
(c) A current report covering the results of any medical examinations pertinent to the ailment in question.
(d) Evidence of the Medical Advisory Board’s approval, when applicable.
(e) Any other information the Department deems relevant.
Ê The Director or his authorized representative may, in addition, require the applicant or licensee be given a driving test and other examinations which are deemed necessary to effectively evaluate the ability of the applicant or licensee to operate a motor vehicle safely.
2. The Department may require any or all of the information specified in subsection 1, together with any other information deemed relevant in any case in which the issue arises as to whether the driving of a motor vehicle by a person would be hazardous to the public welfare.
[Dep’t of Motor Veh., License for Disabled Persons Reg. § XII, eff. 4-29-82]—(NAC A by R015-97, 11-14-97)
Telescopic Devices
NAC 483.405 License to operate motor vehicle while wearing device: Application; report from physician or optometrist. (NRS 481.051, 483.220, 483.360)
1. Each applicant for a license to operate a motor vehicle who requires the use of a telescopic device must submit to the Department an application approved by the Department and a report from a physician or optometrist which is dated not more than 90 days before the date the Department receives the application and report.
2. The application must include the applicant’s name, date of birth and social security number, if he has obtained one, and any information required by the Department relating to his driving record.
3. The report of the physician or optometrist must include:
(a) The best corrected vision of the applicant when looking through the telescopic device;
(b) The best corrected vision of the applicant when looking through the carrier lens;
(c) The field of vision of the applicant;
(d) A statement describing the nature of the applicant’s visual deficiency, including whether the condition is progressive or stable; and
(e) Any other information which the Department deems appropriate.
4. The application and report may be delivered in person to any office of the Department or may be mailed to the regional manager of the Department for the region in which the applicant resides. The address of the:
(a) Northern regional manager is the Department of Motor Vehicles, 305 Galletti Way, Reno, Nevada 89512, Attention: Northern Regional Manager.
(b) Southern regional manager is the Department of Motor Vehicles, 8250 West Flamingo, Las Vegas, Nevada 89117, Attention: Southern Regional Manager.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
NAC 483.410 License to operate motor vehicle while wearing device: Requirements for eligibility. (NRS 481.051, 483.220, 483.360) To be eligible to receive a driver’s license to operate a motor vehicle while wearing a telescopic device:
1. The best corrected vision of the applicant must be:
(a) At least 20/40 when looking through the telescopic device; and
(b) At least 20/120 when looking through the carrier lens.
2. The field of vision of the applicant must be at least 130 degrees.
3. The condition which is the nature of the applicant’s visual deficiency must be stable.
4. The applicant must pass a comprehensive road test to determine whether he is able to operate a motor vehicle safely while using the telescopic device and the carrier lens.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
NAC 483.415 License to operate motor vehicle while wearing device: Restrictions. (NRS 481.051, 483.220, 483.360) A driver’s license to operate a motor vehicle while wearing a telescopic device must be subject to:
1. Restrictions A, B, C, D, E, M and O as they are described in NAC 483.350 and 483.365; and
2. Any other restriction the Department deems necessary for the applicant to operate a motor vehicle safely.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95; A by R015-97, 11-14-97)
RENEWAL OF LICENSES BY MAIL
Persons Residing in State
NAC 483.420 “Renewal sticker” defined. (NRS 483.220, 483.383) As used in NAC 483.420 to 483.455, inclusive, “renewal sticker” means a sticker issued by the Department to a person who renews his driver’s license by mail pursuant to NAC 483.445.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by R135-97, 11-14-97; A by Dep’t of Motor Veh. by R105-04, 8-2-2004)
NAC 483.423 Applicability of provisions. (NRS 483.220, 483.383) The provisions of NAC 483.420 to 483.455, inclusive, apply to a person who is residing in this State at the time he applies to renew his driver’s license by mail.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)
NAC 483.425 Determination and notification of eligibility. (NRS 483.220, 483.383)
1. The Department shall, not less than 30 days before the date on which the driver’s license of a licensee expires, determine whether the licensee is eligible to apply for the renewal of his driver’s license by mail pursuant to NAC 483.430.
2. If a licensee is eligible to apply for the renewal of his driver’s license by mail, the Department shall include with the expiration notice mailed to that licensee pursuant to NRS 483.382:
(a) A notice stating that the licensee is eligible to apply for the renewal of his driver’s license by mail;
(b) An application for the renewal of his driver’s license by mail which includes the date on which the notice and application were mailed to the licensee by the Department; and
(c) An application to register to vote or to correct information in the registrar of voters’ register.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95)
NAC 483.430 Ineligibility. (NRS 483.220, 483.383)
1. The holder of a driver’s license is not eligible to apply for the renewal of the license by mail if:
(a) The license expires 4 years after the date of expiration stated thereon because a renewal sticker has been issued for the license;
(b) The license is a commercial driver’s license;
(c) At the time the Department mails to the applicant the expiration notice required pursuant to NRS 483.382, an examination of the applicant’s driving record in this State, any other state, the District of Columbia, any territory or possession of the United States or any country indicates that his driver’s license or privilege to drive in that jurisdiction is suspended, revoked or cancelled or that his application for a driver’s license in that jurisdiction has been denied;
(d) The license is subject to Restriction M, N, O or S, or any combination thereof, as those restrictions are described in NAC 483.350, 483.360 and 483.365;
(e) He is less than 25 years of age;
(f) He is 71 years of age or older, unless he submits:
(1) A statement from a licensed physician providing that it is the opinion of the physician that the person is physically able to operate a motor vehicle safely; and
(2) A report from a licensed ophthalmologist, optometrist or physician regarding the vision of the person, including, without limitation, the visual acuity of the person in each eye, with corrective lenses, if applicable;
(g) He has been convicted of three or more traffic violations within the 4 years immediately preceding the date of expiration of the license;
(h) The license is a restricted driver’s license issued pursuant to NRS 483.490;
(i) His name is listed in the records of the Department as a person who must renew his driver’s license in person because the Department believes that the information contained on his driver’s license may be incorrect or that his license may have been issued as a result of fraud or mistake; or
(j) He is an international instructor or an international student; or
(k) He is required to leave the United States on or before the date of expiration of the license.
2. A statement or report submitted pursuant to paragraph (f) of subsection 1 must be:
(a) Completed on a form acceptable to the Department; and
(b) Dated not more than 90 days before the date of its submission to the Department.
3. As used in this section:
(a) “International instructor” has the meaning ascribed to it in NRS 483.081.
(b) “International student” has the meaning ascribed to it in NRS 483.082.
(c) “Traffic violation” has the meaning ascribed to it in NRS 483.473.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by R014-97, R015-97 & R134-97, 11-14-97; A by Dep’t of Motor Veh. by R105-04, 8-2-2004)
NAC 483.435 Application for renewal. (NRS 483.220, 483.383)
1. Each application for the renewal of a driver’s license by mail must:
(a) Be made upon a form furnished by the Department;
(b) Be mailed or otherwise delivered to the Department of Motor Vehicles, Renewal of Drivers’ Licenses By Mail, 555 Wright Way, Carson City, Nevada 89711-0450;
(c) Be accompanied by the fees required pursuant to NRS 483.383;
(d) Include the full legal name, date of birth, driver’s license number, mailing address and residential address of the applicant; and
(e) Include such other information as the Department may require.
2. At the time he applies for the renewal of his driver’s license by mail, an applicant may change his mailing or residential address as it appears on his driver’s license.
3. The Department will include on the application for the renewal of a driver’s license by mail the opportunity for the applicant to indicate on his renewal sticker that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Dep’t of Motor Veh. by R112-03, 10-30-2003; R105-04, 8-2-2004)
NAC 483.440 Denial of application and renewal in person; exemption from certain examinations. (NRS 483.220, 483.383)
1. The Department will deny an application for the renewal of a driver’s license by mail and require the applicant to renew his license in person at an office of the Department if:
(a) The applicant indicates on his application that he suffers from a physical or mental condition which may interfere with his ability to operate a motor vehicle safely;
(b) The applicant wishes to change the information which appears on the front of his driver’s license other than his address;
(c) The applicant wishes to add an endorsement to or change the classification of his driver’s license;
(d) The applicant’s driver’s license has been stolen, lost or destroyed;
(e) The applicant is not eligible to apply for the renewal of his driver’s license by mail pursuant to NAC 483.430; or
(f) The applicant submits his application for the renewal of his driver’s license by mail 30 days or more after the expiration of his driver’s license.
2. Except as otherwise provided in paragraph (f) of subsection 1 of NAC 483.430, to renew his driver’s license by mail, a qualified applicant is not required to complete an examination of his vision, a written examination or a driving examination.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by R014-97, 11-14-97)
NAC 483.445 Renewal sticker: Issuance; use; expiration of license. (NRS 483.220, 483.383)
1. The Department will issue a renewal sticker to each qualified applicant for the renewal of his driver’s license by mail.
2. A person to whom a renewal sticker is issued shall affix the renewal sticker to the back of his driver’s license and have his driver’s license in his possession when he operates a motor vehicle.
3. A driver’s license for which a renewal sticker has been issued expires 4 years after the date of expiration stated on the driver’s license for which the renewal sticker is issued.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Dep’t of Motor Veh. by R105-04, 8-2-2004)
NAC 483.451 Renewal sticker: Failure to receive from Department. (NRS 483.220, 483.383)
1. If, not less than 2 weeks after the Department mails a renewal sticker to an applicant for the renewal of his driver’s license by mail, the applicant notifies the Department that he has not received his renewal sticker and the Department determines that the current mailing address of the applicant is the mailing address that the applicant listed on his application, the Department will mail a duplicate renewal sticker to the applicant at no charge.
2. If the applicant notifies the Department pursuant to subsection 1 that he has not received his renewal sticker and the Department determines that the mailing address of the applicant listed on the application is not the current mailing address of the applicant, the applicant must apply to the Department in person for the renewal of his driver’s license.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Dep’t of Motor Veh. by R105-04, 8-2-2004)
NAC 483.455 Period of validity of license renewed by mail; loss, theft or destruction of renewal sticker. (NRS 483.220, 483.383)
1. A driver’s license for which a renewal sticker has been issued is valid until:
(a) The license expires pursuant to NAC 483.445; or
(b) The renewal sticker is lost, stolen or destroyed.
2. If a renewal sticker is lost, stolen or destroyed, the licensee must apply in person to the Department for a new driver’s license. The new driver’s license expires on the date the driver’s license for which the renewal sticker was issued would have expired if the renewal sticker had not been lost, stolen or destroyed.
3. The Department will charge and collect the fee prescribed for a duplicate license in NRS 483.410 for a driver’s license issued pursuant to subsection 2.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Dep’t of Motor Veh. by R105-04, 8-2-2004)
Persons Temporarily Residing Outside of State
NAC 483.456 Applicability of provisions. (NRS 483.220, 483.383) The provisions of NAC 483.456 to 483.4595, inclusive, apply to a person who is temporarily residing outside of this State at the time he applies for a driver’s license by mail.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)
NAC 483.4565 Application or letter of request for renewal; action by Department. (NRS 483.220, 483.383)
1. A person may apply for a driver’s license by mail by submitting to the Department:
(a) An application provided by the Department; or
(b) A letter of request which must include the following:
(1) His full name.
(2) His date of birth.
(3) His social security number.
(4) Except as otherwise provided in this subparagraph, his mailing address and the address of his residence in this State. If the applicant is an employee of the Federal Government, on active military duty or a dependent of such a person, he is not required to comply with this subparagraph, but he must submit an employment or military record which indicates that this State is the state of his residence.
(5) His mailing address outside the State.
(6) His physical description, including, without limitation, his height and weight and the color of his hair and eyes.
(7) His mother’s maiden name.
(8) His signature.
2. Each application or letter of request must be accompanied by the required fee.
3. If the application or letter of request is for a renewal of a driver’s license, it must be accompanied by:
(a) A report regarding the vision of the applicant from a licensed ophthalmologist, optometrist or physician, or an agency which issues driver’s licenses in another state. The report must:
(1) Be signed by the ophthalmologist, optometrist or physician, or a representative of the agency;
(2) Include the applicant’s name, address, driver’s license number and social security number;
(3) Be dated not earlier than 90 days before its submission to the Department;
(4) Include visual acuity readings acceptable to the Department; and
(5) Indicate whether the test was administered with corrective lenses.
(b) If the applicant is 71 years of age or older, a statement from a licensed physician providing that it is the opinion of the physician that the person is physically able to operate a motor vehicle safely. The statement must be:
(1) Completed on a form acceptable to the Department.
(2) Dated not earlier than 90 days before its submission to the Department.
(c) If the applicant is an employee of the Federal Government, on active military duty or a dependent of such a person, proof that he is:
(1) On active military duty or a dependent of such a person; or
(2) Employed by the Federal Government or a dependent of such a person.
4. If the application or letter of request is to change the:
(a) Name;
(b) Date of birth;
(c) Social security number; or
(d) Sex,
Ê of the applicant, it must be accompanied by proof of the correct information.
5. Each application or letter of request must be submitted to a driver’s license office of this State.
6. Each applicant will be given the opportunity to register to vote or to correct information in the registrar of voters’ register.
7. The Department will, within 10 business days after receiving the application or letter of request:
(a) Mail a driver’s license to the applicant;
(b) Request additional information from the applicant; or
(c) Deny the application or request.
8. Each driver’s license mailed pursuant to this section must have the words “valid without photo” in the place where the photograph of the licensee would appear if the licensee had obtained his driver’s license in person.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)
NAC 483.457 Verification of identity of applicant. (NRS 483.220, 483.383)
1. The Department will attempt to verify the identity of each person who applies for a driver’s license by mail by comparing the applicant’s signature on his application with the signature on the applicant’s current driver’s license.
2. The Department may attempt to verify the identity of each applicant by examining other original documents, including, without limitation, the passport or military identification of the applicant.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)
NAC 483.4575 Determination of eligibility. (NRS 483.220, 483.383)
1. Any person who is a resident of this State, holds a driver’s license from this State and is temporarily residing outside this State is eligible to obtain his license by mail unless:
(a) His license or driving privilege is suspended, revoked, cancelled or denied;
(b) He holds a commercial driver’s license;
(c) Except as otherwise provided in subsection 3, his license has been expired for over 1 year;
(d) Except as otherwise provided in subsection 3, he is applying for a second consecutive renewal by mail; or
(e) Except as otherwise provided in subsection 2 or 3, he is required to take a driving test.
2. The Department may accept proof of the successful completion of a driving test administered by an agency which issues driver’s licenses in another state.
3. The Department may renew the driver’s license of any applicant who is employed by the Federal Government, on active military duty or the dependent of such a person:
(a) Regardless of whether his driver’s license was previously renewed by mail; and
(b) If his driver’s license has been expired for more than 1 year but less than 2 years, if the Department receives proof that the applicant has successfully completed a driving test administered by an agency which issues driver’s licenses in another state.
4. A person whose driving privilege has been suspended, cancelled, revoked or denied may obtain his driver’s license by mail after his driving privilege has been reinstated.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)
NAC 483.458 Requirements for written test. (NRS 483.220, 483.383)
1. The Department will place a restriction on a driver’s license that is renewed by mail designating that a written test is required when the applicant returns to this State if the applicant has been convicted of three or more moving traffic violations within the preceding 4 years.
2. The Department will not issue a driver’s license or renew the driver’s license by mail or in person until the test required pursuant to subsection 1 has been successfully completed by the applicant.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)
NAC 483.4585 Late fee. (NRS 483.220, 483.383) The Department will collect a late fee in addition to the required renewal fee to renew any driver’s license by mail that has been expired for 30 days or more, unless:
1. The application or letter of request was postmarked before the license had been expired for 30 days;
2. The application or letter of request was postmarked before the license had been expired for 30 days and the Department requested additional information from the applicant; or
3. The applicant is on active military duty.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)
NAC 483.459 Requests by Department for additional information. (NRS 483.220, 483.383)
1. An application or letter of request for a driver’s license by mail will not be processed by the Department and a letter requesting additional information will be sent to the applicant within 10 days after receipt of the application or letter of request if:
(a) Proof of residence is required;
(b) No fee or an insufficient fee was submitted with the application or letter of request;
(c) Proof of the applicant’s name change is required;
(d) Proof of the applicant’s military status or employment by the Federal Government is required;
(e) Additional information is needed to locate the driving record of the applicant;
(f) There is a discrepancy between the social security number submitted by the applicant and the social security number on the applicant’s driving record;
(g) The applicant is licensed to drive in another state;
(h) The report required pursuant to paragraph (a) of subsection 3 of NAC 483.4565 was not submitted to the Department or needs to be corrected; or
(i) The applicant’s driver’s license issued by another state has been suspended, cancelled, revoked or denied by that state.
2. The Department may request such additional information as it deems necessary to determine whether an applicant is physically or mentally capable of operating a motor vehicle safely.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)
NAC 483.4595 Failure to receive license from Department; application for duplicate license. (NRS 483.220, 483.383)
1. If a person who applies for his driver’s license by mail notifies the Department that he has not received the driver’s license within 30 days after the driver’s license was mailed and the Department determines that:
(a) The applicant did not change his mailing address, the Department will process and mail another driver’s license at no charge to the applicant.
(b) The applicant has changed his mailing address, the applicant must apply for a duplicate driver’s license and pay the applicable fee for the duplicate driver’s license.
2. If an applicant has lost, mutilated or destroyed his driver’s license, he must apply for a duplicate driver’s license and pay the fee for the duplicate driver’s license.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)
CANCELLATION, SUSPENSION, REVOCATION AND VOLUNTARY SURRENDER OF LICENSES
NAC 483.461 “Withdrawn” defined. (NRS 483.220, 483.495) As used in NAC 483.461 to 483.495, inclusive, unless the context otherwise requires, “withdrawn” means a formal action taken by the Department to remove the driving privileges of a person.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
NAC 483.465 Fee for reinstatement not required under certain circumstances; additional fees for renewal or adding endorsement at time of reinstatement. (NRS 483.220, 483.495)
1. The Department will not charge an additional fee for:
(a) The reinstatement of a driver’s license that was previously withdrawn and reinstated for the same offense;
(b) Any change made to a driver’s license at the time of reinstatement;
(c) The issuance of a duplicate driver’s license after the suspension of the license; or
(d) The reinstatement of a driver’s license that was cancelled because of an error made by the Department.
2. If a person is simultaneously reinstating a suspended license and renewing the license, the Department will charge an additional fee for the renewal of the license and, if appropriate, a penalty for late renewal as provided in NRS 483.386.
3. The Department will charge an additional fee to add an endorsement not on a license before reinstatement.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
NAC 483.471 Reinstatement: Waiver of certain tests. (NRS 483.220, 483.495, 483.908)
1. The Department will waive the knowledge, driving skills and vision tests when reinstating a driver’s license if:
(a) The license was suspended for:
(1) Any violation of law governing financial responsibility;
(2) The failure to make a report of an accident;
(3) The violation of a written promise to appear in court pursuant to a citation;
(4) The violation of a license restriction, other than a restriction that requires an annual vision test, a driving skills test or the submission of a medical letter from a physician;
(5) The use, possession, sale or distribution by a minor of a controlled substance, or the purchase, consumption or possession by a minor of an alcoholic beverage;
(6) A first offense for driving at a time when the license was suspended; or
(7) Pursuant to NRS 483.443, the failure to:
(I) Comply with a subpoena or warrant relating to a proceeding to establish paternity or to establish or enforce an obligation for the support of a child; or
(II) Satisfy an arrearage in the payment for the support of one or more children.
(b) The license was cancelled for:
(1) Insufficient identification at the time of application;
(2) The issuance of a check to the Department with insufficient money or credit to pay the check;
(3) The withdrawal of the license of the driver in another state;
(4) The failure to pay all fees;
(5) The failure to pay a civil penalty relating to the operation of a motor vehicle; or
(6) Incorrect information appearing on the driver’s license, except for a missing or an incorrect license endorsement.
2. An applicant who successfully completes a knowledge test for a commercial driver’s license may not be required to complete a knowledge test for a noncommercial driver’s license.
3. The Department will waive the driving skills test when reinstating a driver’s license if:
(a) The license has been revoked for less than 1 year:
(1) For a conviction for driving under the influence of alcohol or a controlled substance;
(2) For failing to submit to a test of alcohol concentration or the presence of a controlled substance in the system of the driver; or
(3) Pursuant to the provisions of NRS 484.385.
(b) The driver has successfully completed a driving skills test in a commercial vehicle. An additional driving skills test in a noncommercial vehicle will not be required.
(c) The license was cancelled because of an error made by the Department.
(d) The driver is reinstating his license by mail for the purpose of obtaining a license in another state.
4. The Department will waive the vision test when reinstating a driver’s license if:
(a) The expiration date on the reinstated license will not change from the expiration date on the withdrawn license;
(b) The reinstatement is completed by mail to obtain a clearance letter or a license from another state; or
(c) The applicant provides a report from an ophthalmologist, optician or optometrist in lieu of a vision test administered by the Department.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Dep’t of Motor Veh. by R080-02, 9-10-2002)
NAC 483.475 Reinstatement: Administration of certain tests. (NRS 483.220, 483.495, 483.908)
1. The Department will administer an applicable driving skills test to an applicant for reinstatement of his driver’s license in, but not limited to, the following instances:
(a) He has been convicted of six or more moving violations while operating a noncommercial motor vehicle during the 4-year period immediately preceding the date of reinstatement;
(b) He has been convicted of four or more moving violations while operating a commercial motor vehicle during the 4-year period immediately preceding the date of reinstatement;
(c) He has been involved in more than one accident in which he was at fault during the 1-year period immediately preceding the date of reinstatement;
(d) He is applying for an upgrade in the type or classification of his license;
(e) He is applying for an additional endorsement not on the license which was withdrawn that requires a driving skills test;
(f) The license has expired or has been withdrawn for 1 year or more; or
(g) The license was withdrawn because of the failure of the applicant to complete a driving skills test.
2. The Department will administer an applicable knowledge test, or a test more specific to a particular classification or endorsement, to an applicant for reinstatement of his driver’s license in, but not limited to, the following instances:
(a) He has been convicted of three or more moving violations while operating a noncommercial motor vehicle during the 4-year period immediately preceding the date of reinstatement;
(b) He has been convicted of two or more moving violations while operating a commercial motor vehicle during the 4-year period immediately preceding the date of reinstatement;
(c) He is applying for an upgrade in the type or classification of his license;
(d) He is applying for an additional endorsement on his license which was withdrawn that requires a knowledge test;
(e) The license has expired or has been withdrawn for 1 year or more; or
(f) The license was withdrawn because of the failure of the applicant to complete a knowledge test.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95; A by R064-00, 8-14-2000)
NAC 483.478 Reinstatement: Requirements. (NRS 483.220, 483.495, 483.908)
1. Except as otherwise provided in title 5 of NRS, if the Department has revoked or suspended a driver’s license pursuant to title 5 or chapter 483, 484 or 485 of NRS, before the reinstatement of the license, the applicant must, in addition to complying with any other conditions required by law:
(a) Comply with the requirements for the reinstatement of a driver’s license set forth in NAC 483.471 and 483.475;
(b) Provide any additional information requested by the Department for the evaluation of the applicant’s fitness to operate a motor vehicle safely and any other information that the Department deems relevant; and
(c) Pay the required fees.
2. If the Department has withdrawn the privilege to operate both a commercial motor vehicle and a noncommercial motor vehicle, before the reinstatement of the privilege to operate a commercial motor vehicle, in addition to complying with the conditions set forth in subsection 1, an applicant must comply with the requirements for the reinstatement of the privilege to operate a noncommercial motor vehicle before complying with the requirements for reinstatement of the privilege to operate a commercial motor vehicle.
3. If the Department has withdrawn a commercial driver’s license, but an applicant reinstates only a noncommercial driver’s license, his commercial driver’s license remains withdrawn until the applicant satisfies the applicable requirements for reinstatement of his commercial driver’s license.
[Dep’t of Motor Veh., Restricted License Reg. § VIII, eff. 4-29-82]—(NAC A 1-19-84; 3-3-94; 8-29-96; R064-00, 8-14-2000; R218-03, 2-18-2004)
NAC 483.480 Termination or rescission of action to withdraw license or award of credit against period of revocation. (NRS 483.220, 483.495)
1. The Department will terminate or rescind an action to withdraw a driver’s license or award credit against the period of revocation if the action resulted from:
(a) Incorrect information on the driver’s license and the information has been corrected by the Department;
(b) A conviction and the Department has received a notice from the court amending the conviction to an offense which is not cause for the withdrawal of the license;
(c) A statement from a law enforcement officer and the Department has received a corrected statement from the officer amending the information that caused the withdrawal action; or
(d) A statement from a law enforcement officer and the Department has received an amended conviction order from the court finding that the license was incorrectly revoked.
2. If the action to withdraw a driver’s license resulted from a statement of the court that the court seized a person’s driver’s license at the time of a conviction and ordered the person not to operate a motor vehicle, the person must receive credit against the period of revocation from the time of the conviction to the time of withdrawal of the driver’s license by the Department.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Dep’t of Motor Veh. by R218-03, 2-18-2004)
NAC 483.485 Voluntary surrender of license: Contents of form; license deemed surrendered under certain circumstances. (NRS 483.220, 483.505)
1. A person who voluntarily surrenders his driver’s license to the Department shall complete a form, approved by the Department, which contains:
(a) A statement that the license is being voluntarily surrendered to the Department;
(b) A statement setting forth the reasons why the license is being surrendered;
(c) His signature; and
(d) The date the license is being surrendered.
2. A license shall be deemed voluntarily surrendered to the Department because of, but not limited to, the following reasons:
(a) The license is held by a minor and the person who signed the application of the minor for the license dies; or
(b) The communication to the Department of confidential medical reasons that render the driver either physically or mentally incapable of driving.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
NAC 483.490 Voluntary surrender of license: Cancellation of driving privileges; issuance of identification card. (NRS 483.220, 483.505) Driving privileges must be cancelled when a license is voluntarily surrendered for the following reasons:
1. Release from liability by a person pursuant to NRS 483.310; or
2. Confidential medical reasons.
Ê A person who voluntarily surrenders his license to the Department for confidential medical reasons may obtain an identification card at no charge.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
NAC 483.495 Requirements for obtaining new license after cancellation of minor’s license or voluntary surrender of license; reissuance of voluntarily surrendered license. (NRS 483.220, 483.495, 483.505)
1. A minor whose license is cancelled pursuant to NRS 483.310 may obtain a new license upon:
(a) The submission of an application signed and verified by a responsible person pursuant to NRS 483.300; or
(b) Attaining the age of 18 years.
2. A person who surrendered his license for confidential medical reasons and who is seeking to obtain a new license may be required by the Department to:
(a) Pass a knowledge, vision or driving skills test; and
(b) Submit information necessary to determine his physical and mental ability to operate a motor vehicle safely.
Ê A person who voluntarily surrenders his license at the request of the Department because of medical reasons will not be required to pay reinstatement fees.
3. A license that has been voluntarily surrendered to the Department and which is not otherwise subject to cancellation by the Department may be reissued upon:
(a) The filing of a new application; and
(b) The payment of the appropriate fees.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95)
DEMERIT POINTS
NAC 483.500 Use of demerit points. (NRS 483.220, 483.473)
1. The Department will not assign demerit points to a person for violation of a traffic law for which suspension or revocation of license is required by statute.
2. The Department will accumulate demerits for the 12-month period preceding a person’s latest conviction. When 12 months have elapsed from the date of a conviction, the demerits for that violation must be deleted from the total demerits accumulated by that person. The date of conviction rather than the date of the offense is the date on which accumulated demerits will be assessed.
[Dep’t of Motor Veh., Demerit Points Reg. § II, eff. 4-29-82]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 12-15-94)
NAC 483.510 Number of points assessed. (NRS 483.220, 483.473) Demerit points will be assessed upon conviction of traffic violations as follows:
|
1. Accidents: |
|
|
(a) Failing to stop and render aid at the scene of an accident.............................. |
6 demerits |
|
(b) Failing to disclose identity to a peace officer after a fatal accident or an accident causing personal injury................................................................................ |
6 demerits |
|
(c) Leaving the scene of an accident involving property damage before a peace officer arrives............................................................................................................ |
6 demerits |
|
2. Backing and pulling away: |
|
|
(a) Starting improperly from a parked position.................................................... |
2 demerits |
|
(b) Unsafe backing............................................................................................... |
2 demerits |
|
3. Following too closely or failing to leave sufficient distance between vehicles...................................................................................................................... |
4 demerits |
|
4. Inattention to driving: |
|
|
(a) Driving without due care, including, without limitation, failing to decrease speed when necessary............................................................................................... |
4 demerits |
|
(b) Careless driving............................................................................................... |
6 demerits |
|
(c) Imprudent driving, including, without limitation, failing to maintain full attention.................................................................................................................... |
4 demerits |
|
(d) Coasting when prohibited............................................................................... |
4 demerits |
|
5. Miscellaneous: |
|
|
(a) Driving onto or from a controlled access highway where prohibited............. |
2 demerits |
|
(b) Crossing over a fire hose................................................................................. |
2 demerits |
|
(c) Minor moving traffic violations other than those listed in this section........... |
2 demerits |
|
(d) Impeding or blocking traffic........................................................................... |
2 demerits |
|
(e) Failing to drive in the slow lane when required [ |
2 demerits |
|
(f) Unsafe operation, including failing to use headlights when required 2 demerits |
2 demerits |
|
(g) Driving on a sidewalk, ditch or shoulder........................................................ |
1 demerit |
|
(h) Following within 500 feet of an emergency vehicle....................................... |
1 demerit |
|
(i) Driving through a funeral or other procession................................................. |
1 demerit |
|
6. Motorcycle violations: |
|
|
(a) Carrying too many passengers......................................................................... |
1 demerit |
|
(b) Failing to keep one hand on the handlebars.................................................... |
2 demerits |
|
(c) Failing to wear protective headgear................................................................ |
2 demerits |
|
(d) Failing to wear glasses, goggles or face shields when the motorcycle is not equipped with a windscreen...................................................................................... |
2 demerits |
|
(e) Riding between vehicles which occupy adjacent lanes or operating more than two motorcycles abreast in a single lane........................................................... |
2 demerits |
|
7. Overtaking and passing: |
|
|
(a) Cutting in before it is safe in overtaking a vehicle.......................................... |
4 demerits |
|
(b) Passing where prohibited or without sufficient clearance (except in a no-passing zone)............................................................................................................. |
4 demerits |
|
(c) Unsafe passing on the right............................................................................. |
4 demerits |
|
(d) Changing lanes improperly............................................................................. |
4 demerits |
|
8. Passing a stopped school bus when it is displaying a flashing red light signal |
4 demerits |
|
9. Reckless driving.............................................................................................. |
8 demerits |
|
10. Right-of-way: |
|
|
(a) Failing to yield at an open intersection........................................................... |
4 demerits |
|
(b) Failing to yield at a stop sign or at a controlled intersection.......................... |
4 demerits |
|
(c) Failing to yield when entering a highway....................................................... |
4 demerits |
|
(d) Failing to yield to an emergency vehicle........................................................ |
4 demerits |
|
(e) Failing to yield to or to exercise due care to avoid a collision with a pedestrian.................................................................................................................. |
4 demerits |
|
(f) Failing to yield to or to exercise due care to avoid a collision with a person riding a bicycle.......................................................................................................... |
4 demerits |
|
(g) Failing to yield when turning.......................................................................... |
4 demerits |
|
(h) Failing to yield at a private driveway............................................................. |
4 demerits |
|
11. Signaling: |
|
|
(a) Failing to give the appropriate signal when required...................................... |
1 demerit |
|
(b) Failing to sound the horn when required........................................................ |
1 demerit |
|
12. Speeding: |
|
|
(a) Speeding at least 41 miles per hour over the posted speed limit..................... |
5 demerits |
|
(b) Speeding at least 31, but not more than 40, miles per hour over the posted speed limit................................................................................................................. |
4 demerits |
|
(c) Speeding at least 21, but not more than 30, miles per hour over the posted speed limit................................................................................................................. |
3 demerits |
|
(d) Speeding at least 11, but not more than 20, miles per hour over the posted speed limit................................................................................................................. |
2 demerits |
|
(e) Speeding at least 1, but not more than 10, miles per hour over the posted speed limit, unless the person is speeding as set forth in subsection 1 of NRS 484.3685.................................................................................................................... |
1 demerit |
|
(f) Speeding with no actual speed or other relevant information indicated......... |
2 demerits |
|
13. Traffic signs, signals and road markings that regulate, warn or guide traffic: |
|
|
(a) Disobeying a police officer or a flag person.................................................... |
4 demerits |
|
(b) Disregarding an official traffic control device, including, without limitation, signs, signals and markings....................................................................................... |
4 demerits |
|
(c) Disregarding an official traffic control device which exhibits colored lights. |
4 demerits |
|
(d) Disregarding or failing to stop at a railroad signal or marked crossing gate... |
4 demerits |
|
(e) Driving through a safety zone......................................................................... |
4 demerits |
|
(f) Passing in a no-passing zone or over a double yellow line.............................. |
4 demerits |
|
(g) Disregarding a road block sign or control....................................................... |
4 demerits |
|
(h) Disregarding the control signal of a school crossing guard 4 demerits |
4 demerits |
|
14. Turning movements: |
|
|
(a) Unsafe turn using an improper position and method...................................... |
4 demerits |
|
(b) Improper or prohibited U-turn, or U-turn on a curve or a hill......................... |
3 demerits |
|
15. Wrong side or wrong way: |
|
|
(a) Driving the wrong way on a one-way street................................................... |
4 demerits |
|
(b) Driving in the center lane when unnecessary.................................................. |
4 demerits |
|
(c) Failing to drive on the right side when required............................................. |
4 demerits |
|
(d) Driving on the wrong side of a highway........................................................ |
4 demerits |
|
(e) Failing to keep in the proper lane on a mountain highway.............................. |
4 demerits |
|
(f) Driving the wrong way around a rotary traffic island..................................... |
4 demerits |
|
16. Impaired driving: |
|
|
(a) Driving with impaired ability because of alcohol or drugs............................. |
7 demerits |
|
(b) Drinking an alcoholic beverage while driving................................................. |
5 demerits |
[Dep’t of Motor Veh., Demerit Points Reg. § IV, eff. 4-29-82]—(NAC A 9-5-84; A by Dep’t of Motor Veh. & Pub. Safety, 7-16-85, eff. 8-1-85; 12-15-94; R136-97, 11-14-97; A by Dep’t of Motor Veh. by R017-06, 5-4-2006)
NAC 483.530 Release of information. (NRS 483.220)
1. Upon request, the Department will furnish any general information contained in its files, with the exception of medical information. Insurance companies and the general public may obtain information concerning convictions for a 3-year period after the date of conviction and accident reports for a 3-year period after the date of the accident.
2. Law enforcement agencies and courts within the United States, as well as an attorney representing a client in any matter involving his conviction, may receive information concerning convictions for a 7-year period after the date of conviction.
3. A school district may receive information concerning accident reports and convictions for a 9-year period after the date of conviction of or date of the accident involving an employee or potential employee who is or will be transporting pupils.
4. A person may receive any information contained in his file.
5. The Department will only release information under the conditions specified in the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq., as that Act reads on October 29, 1981.
[Dep’t of Motor Veh., Demerit Points Reg. § V, eff. 4-29-82]—(NAC A 9-5-84)
INTERJURISDICTIONAL EXCHANGE OF DRIVING RECORDS
NAC 483.550 Definitions. (NRS 481.051) For the purposes of carrying out the provisions of 23 C.F.R. Part 1327.5, section 205 of the National Driver Register Act of 1982 (Public Law 97-364), as those provisions existed on October 25, 1982, and NAC 483.565:
1. “Denial” means the denial by the Department of the issuance of an original driver’s license or instruction permit to an applicant who is not qualified to receive a license or permit pursuant to the provisions of NAC 483.550 to NAC 483.565, inclusive.
2. “Original driver’s license or instruction permit” means:
(a) The first issuance of a driver’s license or instruction permit to an applicant in this State; or
(b) The issuance of a driver’s license or instruction permit in this State to an applicant who held a driver’s license or instruction permit in this State, but surrendered the driver’s license or instruction permit in another state.
3. “Refusal” means the refusal of the Department to issue a driver’s license or instruction permit, other than an original driver’s license or instruction permit, to a person who is not qualified to receive such a driver’s license or permit pursuant to the provisions of NAC 483.550 to 483.565, inclusive.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R013-97, eff. 11-14-97)
NAC 483.555 Adoption by reference of certain provisions of Code of Federal Regulations; report of certain offenses to National Driver Register. (NRS 481.051)
1. The Department hereby adopts by reference the provisions of 23 C.F.R. Part 1327.5 and Appendix A to Part 1327, “Abridged Listing of the American Association of Motor Vehicle Administrators Violations Exchange Code, Used by the NDR for Recording Driver License Denials and Withdrawals,” as those provisions existed on November 8, 1991. A copy of the provisions of 23 C.F.R. Part 1327.5 and Appendix A to Part 1327 may be obtained from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, for the price of $26.
2. In addition to the offenses listed in Appendix A to Part 1327, the Department will report to the National Driver Register the following offenses if any of those offenses occurred during the operation of a commercial motor vehicle:
(a) Exceeding the speed limit by not less than 15 miles per hour.
(b) Following a motor vehicle too closely.
(c) Changing lanes improperly.
3. As used in 23 C.F.R. Part 1327.5 (a), “for cause” means an adverse action taken by a state against a person which is based on a violation set forth in Appendix A to Part 1327 or any violation set forth in subsection 2.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R013-97, eff. 11-14-97)
NAC 483.560 Adoption by reference of certain provisions of National Driver Register Act of 1982. (NRS 481.051) The Department hereby adopts by reference the provisions of section 205 of the National Driver Register Act of 1982 (Public Law 97-364), as those provisions existed on October 25, 1982. A copy of those provisions may be obtained from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, for the price of $52.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R013-97, eff. 11-14-97)
NAC 483.565 Denial or refusal to issue license under certain circumstances. (NRS 481.051) The Department will deny or refuse to issue a license to any person who, upon an examination of his driving record in this State, any other state, the District of Columbia, any territory or possession of the United States or any country, indicates that his driver’s license or privilege to drive in that jurisdiction is suspended, revoked or cancelled or his application for a driver’s license in that jurisdiction has been denied.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R013-97, eff. 11-14-97)
LICENSES FOR SPECIAL INVESTIGATIONS
NAC 483.700 Return of licenses. (NRS 481.051, 483.340) The holder of a license issued pursuant to subsection 2 of NRS 483.340 must return the license to the Department immediately upon:
1. Completion of the investigation for which it was issued; or
2. Termination of the holder’s participation in the investigation.
(Added to NAC by Dep’t of Motor Veh., eff. 9-5-84)
SCHOOLS FOR DRIVERS
General Provisions
NAC 483.708 Definitions. (NRS 481.051) As used in NAC 483.708 to 483.795, inclusive, unless the context otherwise requires, the words and terms defined in NAC 483.712 to 483.740, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)—(Substituted in revision for NAC 483.580)
NAC 483.712 “Behind-the-wheel training” defined. (NRS 481.051) “Behind-the-wheel training” means the portion of a course of training provided by a school for training drivers which is taught through the operation of a motor vehicle under real conditions and which is characterized by a student driving on a driving range, on the street, or both, while under the direction of a licensed instructor.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R150-98, eff. 9-25-98)
NAC 483.7125 “Branch location” defined. (NRS 481.051) “Branch location” means an established place of business, other than a principal place of business, that has been authorized by the Department to conduct a school for drivers.
(Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002)
NAC 483.713 “Central Repository” defined. (NRS 481.051) “Central Repository” means the Central Repository for Nevada Records of Criminal History.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R150-98, eff. 9-25-98)
NAC 483.714 “Classroom instruction” defined. (NRS 481.051) “Classroom instruction” means the portion of a course of training provided by a school for drivers that is taught in a classroom environment by a licensed instructor, other than the provision of classroom instruction to a person who is under 18 years of age. The term includes instruction provided by a school for training drivers in an interactive course that uses communications technology pursuant to NRS 483.725.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R150-98, eff. 9-25-98; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.7143 “Classroom instruction to a person who is under 18 years of age” defined. (NRS 481.051) “Classroom instruction to a person who is under 18 years of age” means instruction that is provided by a school for training drivers to enable a person who is under 18 years of age to obtain a license to drive pursuant to NRS 483.250.
(Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002)
NAC 483.7146 “Communications technology” defined. (NRS 481.051) “Communications technology” has the meaning ascribed to it in NRS 483.725.
(Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002)
NAC 483.715 “Course” defined. (NRS 481.051) “Course” means a program of instruction offered by a school for drivers which includes instruction in a classroom or motor vehicle, or both.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.717 “Director” defined. (NRS 481.051) “Director” means the Director of the Department of Motor Vehicles.
(Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002)
NAC 483.720 “Established place of business” defined. (NRS 481.051) “Established place of business” means a place where a school for drivers is authorized by the Department to conduct the business of the school. The term includes a principal place of business and a branch location.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.725 “Instructor” defined. (NRS 481.051) “Instructor” means a person who is licensed by the Department to teach a course in a school for drivers.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.727 “Instructor trainee” defined. (NRS 481.051) “Instructor trainee” means a person licensed by the Department to teach a course in a school for drivers so long as a licensed instructor is present in the classroom.
(Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002)
NAC 483.730 “Operator” defined. (NRS 481.051) “Operator” means a person, including an owner of a school for drivers or a person designated by the owner, who is licensed by the Department to direct and manage the operations of a school for drivers.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.733 “School for drivers” defined. (NRS 481.051) “School for drivers” includes:
1. A school for training drivers;
2. A school or other entity that offers a course on the abuse of alcohol and controlled substances; and
3. A school that offers a course on traffic safety, including, without limitation, defensive driving.
(Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002)
NAC 483.735 “School for training drivers” defined. (NRS 481.051) “School for training drivers” means a business conducted by a natural person, association, partnership, corporation or other business entity, for the education of students, in a classroom or by means of communications technology, or in a motor vehicle, in preparation for the examination for a driver’s license or learner’s permit required by the Department to operate a motor vehicle.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.740 “Student” defined. (NRS 481.051) “Student” means a person enrolled in a school for drivers which is licensed by the Department.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
Licensing of Operators and Instructors
NAC 483.745 Required licensing; transferability of license. (NRS 481.051, 483.700)
1. A person shall not operate a school for drivers in this State unless he is licensed by the Department.
2. Except as otherwise provided in NAC 483.777, a person shall not act as an instructor or an instructor trainee in a school for drivers unless he holds a valid license to do so issued by the Department.
3. Any license issued pursuant to the provisions of NRS 483.700 to 483.780, inclusive, is personal to the licensee and is not transferable to any person.
(Added to NAC by Dep’t of Motor Veh., eff. 9-5-84; A 12-27-93; 9-6-96; R157-01, 8-27-2002)—(Substituted in revision for NAC 483.590)
NAC 483.747 Application and fee for license; request for duplicate license. (NRS 481.051)
1. An application for any license issued pursuant to the provisions of NRS 483.700 to 483.780, inclusive, must:
(a) Be completed on a form provided by the Department;
(b) Be signed by the applicant;
(c) Be submitted to the Department:
(1) In person, at any field service office that provides full service; or
(2) By mail, to the Department of Motor Vehicles, OL/BL Alternate Delivery, 555 Wright Way, Carson City, Nevada 89711; and
(d) Except as otherwise provided in subsections 2 and 3 and NAC 483.753, be accompanied by the fee required pursuant to NRS 483.780.
2. A request for a duplicate license must be submitted to the Department in the same manner as an application for a license. No fee is required to obtain a duplicate license.
3. The Department will not impose a fee for an application to operate a branch location of a school for which the applicant already has a license.
[Dep’t of Motor Veh., Traffic Safety School Reg. § III, eff. 4-29-82]—(NAC A 9-5-84; 7-29-86; 12-27-93; 9-6-96; R157-01, 8-27-2002)—(Substituted in revision for NAC 483.600)
NAC 483.750 Licensure as operator: Prerequisites; operation of branch location or multiple schools; surrender of license upon ceasing operation or closing branch location. (NRS 481.051, 483.710)
1. In addition to any applicable statutory requirements, an applicant for a license to operate a school for drivers must:
(a) Submit to the Department:
(1) The name and address of each person who has an ownership interest in the school or who is an officer of the school; and
(2) The proposed days and hours of operation of the school;
(b) Be a licensed instructor for a course, or employ or contract for the services of at least one person who is a licensed instructor;
(c) Within the 2 years immediately preceding the date an applicant submits his application to operate a school, not have a conviction of:
(1) Two or more traffic offenses; or
(2) A gross misdemeanor;
(d) Within the 5 years immediately preceding the date an applicant submits his application to operate a school, not have been convicted of a felony;
(e) Never have been convicted of:
(1) An offense involving fraud, dishonesty or moral turpitude;
(2) A sexual offense as defined in NRS 179D.410; or
(3) A crime that the Department determines is related to the operation of a school for drivers; and
(f) Not be a law enforcement officer whose primary duty assignment includes the enforcement of traffic laws in the jurisdiction in which the school is located.
2. If the applicant is applying for a license to operate a school for training drivers that will provide behind-the-wheel training, he must furnish the Department with:
(a) A list of each vehicle used by the school for training drivers, including the year, make, model and vehicle identification number of each vehicle;
(b) A copy of the certificate of insurance that clearly identifies the vehicle insured for each vehicle used by the school for training drivers;
(c) A copy of the lease agreement for each vehicle which is leased by the school and used for the training of drivers;
(d) The proposed plan of behind-the-wheel training that the school will offer, including copies of detailed training outlines;
(e) Proof of the experience required by subsection 5 of NRS 483.710; and
(f) Any other information concerning the applicant’s honesty and integrity which the Department considers necessary.
3. An operator shall include in the application the address of each place where he conducts business and the name under which he does business at each address. If an operator does business at more than one address, he shall designate one address as his principal place of business and one name as the principal name of his business. He shall designate as branch locations all his other business addresses not otherwise designated as a principal place of business pursuant to this subsection. A branch location must be operated under the same name as the principal place of business.
4. An applicant who makes application to the Department to operate more than one school, in addition to meeting the requirements of subsections 2 and 3, must meet the requirements of NRS 483.710 and:
(a) Submit a separate application and fee for each school he will be operating under a different name; and
(b) Prohibit an instructor employed by the school from instructing at a school or branch location for which he is not licensed.
5. If a school ceases operation as a school for training drivers, it shall immediately surrender to the Department the license issued by the Department.
6. If a school closes a branch location, it shall surrender to the Department the license for that location within 10 calendar days after the date of closure.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; R150-98, 9-25-98; R065-00, 8-21-2000; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.751 Licensure as operator: Filing of surety bond for branch location. (NRS 481.051, 483.710) The Department will interpret the provisions of NRS 483.710 concerning the filing of a surety bond as not requiring a licensed operator of a school for training drivers who has filed such a surety bond to file an additional surety bond if:
1. The operator files an application to operate a branch location of the school; and
2. The branch location will have the identical ownership and be operated under the same name as the school.
(Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002)
NAC 483.752 Licensure as instructor: Prerequisites; interview of applicant; transfer of license; instruction at multiple schools; termination of relationship with school. (NRS 481.051, 483.720, 483.7205, 483.721)
1. Each applicant for licensure as an instructor must, in addition to all applicable statutory requirements, provide to the Department:
(a) Proof acceptable to the Department that the applicant possesses a valid driver’s license issued by this State;
(b) Proof acceptable to the Department that the applicant:
(1) Has received a high school diploma or its equivalent; or
(2) If the application is for licensure as an instructor for a school for training drivers to operate commercial motor vehicles, has accumulated, in the 7 years immediately preceding his application, not less than 5 years’ experience in the operation of commercial vehicles;
(c) The applicant’s:
(1) Name;
(2) Date of birth;
(3) Social security number and driver’s license number; and
(4) Residential address;
(d) The official name of the school at which the applicant will be an instructor;
(e) A resume that summarizes the applicant’s education, experience, certification as an instructor and fitness for the position;
(f) Any certificates which substantiate that the applicant meets the qualifications for licensure as an instructor; and
(g) Any other information concerning the applicant which the Department may consider necessary to determine whether the applicant is qualified for licensure.
2. If the application is for a license as an instructor for a school for training drivers, the applicant, in addition to all applicable statutory requirements and the requirements of subsection 1, must:
(a) Submit to the Department to satisfy the requirements of NRS 483.7205:
(1) Two cards upon which the applicant’s fingerprints, taken by an agent of the Department who has been authorized by the Department to take fingerprints or by a law enforcement agency, are displayed;
(2) Written permission that authorizes the Department to forward those cards to the Central Repository for submission to the Federal Bureau of Investigation for its report; and
(3) A fee for processing the fingerprints of the applicant that is equal to the total amount charged by the Central Repository and the Federal Bureau of Investigation for processing the fingerprints of the applicant.
(b) Obtain a score of at least 80 percent on a practical demonstration of his driving ability over a prescribed course established by the Department in the type of vehicle in which he will be providing instruction.
(c) If the applicant is seeking approval to provide behind-the-wheel training:
(1) Not have, in any jurisdiction:
(I) More than two convictions for a moving traffic violation within the 24 months immediately preceding the date on which the applicant submitted his application;
(II) Any convictions involving alcohol or controlled substances within the 3 years immediately preceding the date on which the applicant submitted his application; or
(III) Had his driver’s license or driving privilege suspended or revoked within the 3 years immediately preceding the date on which the applicant submitted his application;
(2) Be authorized to operate a vehicle of the classification necessary for the type of vehicle in which he will be giving instruction; and
(3) Submit evidence that he has possessed, for at least 5 years, a driver’s license of the classification necessary for the type of vehicle in which he will be giving instruction.
3. An applicant who seeks approval to provide classroom instruction to a person who is under 18 years of age must, except as otherwise provided in this subsection, submit school transcripts or other documentation as proof of completion of at least 40 hours of instruction at the college level, or the equivalent thereof, as evidenced by the accumulation of four credits for continuing education or other training acceptable to the Department that pertains to the development of skills related to driving or providing instruction. An instructor in a school for training commercial vehicle operators and an instructor who is not approved to provide classroom instruction to a person who is under 18 years of age may submit proof of other education and experience that is acceptable to the Department.
4. If the application is for a license as an instructor for a school for traffic safety or a school or other entity that offers a course on the abuse of alcohol or controlled substances, the applicant, in addition to any applicable statutory requirements and the requirements of subsection 1, must:
(a) Have education or experience in a field related directly to the subject matter to be taught, such as:
(1) Traffic safety;
(2) Law enforcement;
(3) Drivers’ education or improvement; or
(4) Some other closely related field approved by the Department.
(b) Present proof to the Department that he has successfully completed a course of instruction in the subject matter to be taught.
(c) Not be a law enforcement officer whose primary duty assignment includes the enforcement of traffic laws in the jurisdiction in which the school is located.
(d) If the application is for a license as an instructor to teach at a school or other entity that offers a course on the abuse of alcohol or controlled substances, have a minimum of 2 years of education or experience in a field related directly to the problems of driving under the influence of intoxicating liquor or controlled substances, such as rehabilitative counseling for abusers of alcohol and controlled substances, or a combination of education and experience acceptable to the Department.
5. A representative of the Department may interview an applicant for any license as an instructor to evaluate his knowledge, skills and abilities, and his fitness for receiving a license.
6. An instructor may transfer his license to another school after notifying the Department.
7. An instructor must obtain a separate license for each school at which he acts as an instructor. An instructor must file a separate application and pay a separate fee for each such license.
8. If an instructor terminates his employment or contractual relationship with a school for drivers, he shall surrender his license to instruct at that school to the operator of the school. The operator shall forward the surrendered license to the Department not later than 10 days after the termination of the employment or relationship. The Department will issue an updated license to authorize the instructor to teach at a different school for the remaining term of the surrendered license if the instructor submits to the Department:
(a) All documentation required by the Department; and
(b) A certificate of employment indicating he has been reemployed by a licensed school.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)—(Substituted in revision for NAC 483.616)
NAC 483.753 Licensure as instructor trainee: Prerequisites; fee; instruction of course; expiration and renewal of license. (NRS 481.051)
1. An applicant for a license as an instructor trainee must, in addition to the requirements of NAC 483.747, submit to the Department:
(a) A resume of the applicant’s education, experience and fitness for the position; and
(b) Any other information concerning the applicant which the Department considers necessary to determine whether the applicant is qualified for licensure.
2. The Department will not charge a fee for the issuance of a license as an instructor trainee.
3. An instructor trainee shall not instruct a course unless an instructor is present while the instructor trainee instructs that course.
4. A license as an instructor trainee issued by the Department is valid for 6 months and may be renewed not more than one time for an additional period of 6 months.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-6-96; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)—(Substituted in revision for NAC 483.618)
NAC 483.754 Action on application for license; temporary licensure of instructor for school for training drivers. (NRS 481.051)
1. A representative of the Department appointed by the Director will review each application for any license issued pursuant to the provisions of NRS 483.700 to 483.780, inclusive.
2. Except as otherwise provided in subsection 4, the representative will approve or reject the application or request additional information within 30 days after the date on which the Department receives the application or additional information.
3. If the application is for a license to operate a school for training drivers, the representative will, before the application is approved or denied:
(a) Inspect the premises of the school for training drivers to ensure that the school has satisfactorily complied with all applicable state and local health and safety codes;
(b) Review all applicable city and county business licenses of the school;
(c) If the application requests approval to offer instruction in a classroom, inspect the premises of the school for training drivers to ensure:
(1) The existence of satisfactory:
(I) Space for each student;
(II) Facilities for persons with disabilities;
(III) Desks or tables, and chairs;
(IV) Restroom facilities; and
(V) Accessibility of the classroom to the area for parking; and
(2) That the cleanliness of the equipment and facilities of the school for training drivers is satisfactory to the Department; and
(d) Evaluate the curriculum and qualifications of each instructor of the school.
4. If the application is for a license as an instructor for a school for training drivers and the Department has not yet received the report of criminal history of the applicant from the Federal Bureau of Investigation after the applicant has submitted the appropriate fingerprint cards, authorization for the report and the fee in accordance with NRS 483.7205 and paragraph (a) of subsection 2 of NAC 483.752, the Department may, before the application is approved or denied, issue a temporary license as an instructor for a school for training drivers. Except as otherwise provided in this subsection, a temporary license issued pursuant to this subsection expires on the date on which the Department approves or denies the application or upon the expiration of 6 months after the temporary license is issued, whichever occurs first. If the Department does not receive the report of criminal history within 6 months after the temporary license is issued, the Department may extend the temporary license until the report is received and the Department approves or denies the application.
5. The Department may, before approving or rejecting an application, request another state or local governmental agency to review the application, curriculum or facility of the school.
[Dep’t of Motor Veh., Traffic Safety School Reg. § II, eff. 4-29-82]—(NAC A 9-5-84; 7-29-86; 12-27-93; 9-6-96; R157-01, 8-27-2002; R145-04, 10-4-2004)
NAC 483.756 Grounds for denial of application. (NRS 481.051) The Department may deny an application for:
1. Any license issued by the Department pursuant to NRS 483.700 to 483.780, inclusive, if the applicant:
(a) Held, at any time, a license issued by the Department that was refused renewal or was cancelled, suspended or revoked; or
(b) Has committed an act that would be grounds for the refusal to renew or the cancellation, suspension or revocation of a license.
2. A license to operate a school for drivers if the name under which the applicant proposes to do business:
(a) Violates the provisions of NAC 483.772; or
(b) May tend to mislead or confuse the public.
(Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002)
NAC 483.757 School for training drivers: Examination of instructors and applicants for licensure as instructor; reexamination of qualifications of operator or instructor. (NRS 481.051, 483.720)
1. The Department may require an instructor at a school for training drivers to submit to a physical and mental examination as the Department finds necessary to determine the applicant’s fitness to instruct a course, if there is reason to believe that he does not have the ability to provide adequate instruction. If the instructor refuses or fails to submit to the physical and mental examination within 30 days after the date on which he was notified of the requirement, the Department may temporarily suspend his license until the instructor submits to the examination. The period of suspension commences 30 days after the date on which the suspension order was mailed.
2. The Department will establish an examination for the licensure of an applicant as an instructor at a school for training drivers. The examination may consist of an actual demonstration or a written examination, or both. If the examination includes an actual demonstration, it will be sufficient in scope to determine if the applicant consistently complies with all traffic laws and consistently practices the safe operation of a motor vehicle. If the examination includes a written examination, it will cover the:
(a) Traffic laws and procedures for licensing in this State;
(b) Practices of safe driving;
(c) Operation of a motor vehicle;
(d) Applicant’s knowledge of teaching methods and techniques; and
(e) Laws and regulations that apply to an instructor.
3. An applicant for a license as an instructor for a school for training drivers who fails to pass the examination established pursuant to subsection 2 must wait at least 24 hours before he may retake the examination.
4. The Department may require a person who has a license to operate a school for training drivers or as an instructor at a school for training drivers to submit to a reexamination of his qualifications if the Department has reason to believe that the licensee does not have the qualifications required for licensure. If the licensee refuses to submit to a reexamination, the Department may suspend his license until he submits to a reexamination.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)—(Substituted in revision for NAC 483.632)
NAC 483.758 Use of license as instructor of school for training drivers; instruction at multiple schools; issuance of duplicate license. (NRS 481.051)
1. A license issued to an instructor of a school for training drivers may be used in the school or any licensed branch location of the school for which the license was issued.
2. A licensed instructor who will be instructing at more than one school must apply to the Department and pay the required license fee for each school in which he will instruct.
3. The Department will issue a duplicate license if a licensee submits a properly signed request in writing. The Department will not impose a charge for a duplicate license.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)—(Substituted in revision for NAC 483.763)
NAC 483.760 Display and contents of license as operator; display of license as instructor. (NRS 481.051)
1. A license to operate a school for drivers issued to the operator of the school must:
(a) Be displayed in a conspicuous place visible to the public within each principal place of business and each branch location; and
(b) Include:
(1) The name of the licensee;
(2) The physical address of the principal place of business or branch location;
(3) The number of the license;
(4) The date of expiration of the license; and
(5) Each activity for which the school for drivers is approved by the Department to provide courses.
2. The holder of a license as an instructor for a school for drivers shall post his license in a conspicuous place on the premises of the school for which the license is issued.
(Added to NAC by Dep’t. of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; R150-98, 9-25-98; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.7605 Renewal of license as operator. (NRS 481.051, 483.730, 483.760)
1. To renew a license to operate a school for drivers, a licensee must submit to the Department:
(a) On a form provided by the Department, a completed application for renewal;
(b) The nonrefundable fee for licensure required by NRS 483.780;
(c) A list of the days and hours of operation of the school, including the hours during which the office of the school is open;
(d) If the licensee is a natural person, the statement prescribed in NRS 483.722;
(e) If the licensee is a school for training drivers that provides behind-the-wheel training, for each vehicle used by the school for training drivers:
(1) A current list of the year, make, model and vehicle identification number of the vehicle;
(2) A copy of the certificate of insurance that clearly identifies the vehicle insured; and
(3) A copy of the lease agreement for each vehicle which is leased by the school; and
(f) Any additional information that the Department determines is necessary to enable it to carry out the provisions of NRS 483.700 to 483.780, inclusive.
2. The Department will accept an application for renewal up to 30 days after the date on which a license expires. If an application is submitted more than 30 days after the date on which a license expires and the license was not suspended or revoked by the Department at the time of expiration, the license shall be deemed permanently lapsed and the licensee must submit an application for initial licensure.
3. A license that is suspended may not be renewed until it has been reinstated by the Department. If a period of suspension or revocation extends beyond the expiration of the license, the license may not be renewed and the licensee who wishes to resume business as a school for drivers must submit an application for initial licensure after the period of suspension or revocation has passed.
4. The Department will not renew a license if:
(a) No course has been presented at the school during the year immediately preceding the application for the renewal of the license; or
(b) The licensee fails to comply with the provisions of NRS 483.700 to 483.780, inclusive, or NAC 483.708 to 483.795, inclusive.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; R065-00, 8-21-2000; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.762 Renewal of license as instructor. (NRS 481.051, 483.730)
1. To renew a license as an instructor, a licensee must submit to the Department:
(a) On a form provided by the Department, a completed application for renewal;
(b) The fee for licensure required by NRS 483.780;
(c) The statement required pursuant to NRS 483.722; and
(d) Evidence satisfactory to the Department of the licensee’s continued professional education, training or experience.
2. A licensee shall, during each 5-year period after the initial issuance of his license, pass a written examination administered by the Department.
3. Except as otherwise provided in this subsection, a licensee approved by the Department to provide classroom instruction to a person who is under 18 years of age must submit evidence with his application for renewal, in the form of a school transcript or other documentation which verifies:
(a) Completion of at least 40 hours of instruction at the college level, or the equivalent thereof, as evidenced by the accumulation of four credits for continuing education or other training acceptable to the Department which pertains to the development of skills related to driving or providing instruction, within the 5 years immediately preceding the date on which the application for renewal is submitted; or
(b) At least 40 hours of other instruction, training or seminars which pertain to the development of skills related to driving or providing instruction in driving, within the 5 years immediately preceding the date on which the application for renewal is submitted.
4. An instructor approved by the Department to provide behind-the-wheel training in a school for training drivers or classroom instruction to commercial vehicle operators must submit evidence with his application for renewal, in the form of a school transcript or other documentation which verifies:
(a) Completion of at least 18 hours of education or training that relates to driving skills or to providing instruction; or
(b) At least 1 year of experience providing instruction that is deemed acceptable by the Department for the purposes of renewing the instructor’s license.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; R065-00, 8-21-2000; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.7625 Grounds for suspension, revocation or refusal to renew license. (NRS 481.051, 483.760) The Department may suspend, revoke or refuse to renew a license to operate a school or as an instructor if:
1. The applicant was previously issued a license by the Department that was suspended or revoked by the Department and was not reissued or reinstated;
2. The applicant has committed an act which would be a ground for the suspension or revocation of a license;
3. The applicant has knowingly made a false statement or concealed a material fact in applying for the license;
4. In the case of an application for a license to operate a school, the name proposed for the school violates the provisions concerning names set forth in NAC 483.772 or could be confusing or misleading to the general public;
5. The licensee fails to comply with the provisions of NRS 483.700 to 483.780, inclusive, or NAC 483.708 to 483.795, inclusive, including, without limitation, failure to:
(a) Apply for approval from the Department for changes in the curriculum, schedule of classes or physical or mailing address of the school as required by NAC 483.768; or
(b) Provide the Department with a current schedule of classes and instructors at least once a month;
6. The applicant has been convicted of:
(a) A felony;
(b) A gross misdemeanor;
(c) An offense involving fraud, dishonesty or moral turpitude;
(d) A sexual offense as defined in NRS 179D.410; or
(e) A crime that the Department determines is related to the license for which the applicant applies; or
7. The Director determines that suspending, revoking or refusing to renew the license of the applicant is in the best interest of the public.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.7631 Additional grounds for suspension, revocation or refusal to renew license; licensing of instructor who is convicted of traffic offense involving alcohol or controlled substance. (NRS 481.051, 483.760)
1. The Department may suspend, revoke or refuse to renew:
(a) Any license issued pursuant to NRS 483.700 to 483.780, inclusive, if, in addition to the grounds set forth in NRS 483.760:
(1) The licensee is convicted of a:
(I) Felony in this State or any other jurisdiction;
(II) Gross misdemeanor;
(III) Misdemeanor for violating any of the provisions of NAC 483.708 to 483.795, inclusive;
(IV) Crime involving fraud, dishonesty or moral turpitude;
(V) Sexual offense as defined in NRS 179D.410; or
(VI) Crime that the Department determines is related to the license in question.
(2) The licensee willfully fails to comply with any:
(I) Statute of this State governing motor vehicles, including, without limitation, NRS 483.700 to 483.780, inclusive, and any regulations adopted pursuant thereto; or
(II) Directive issued by the Director.
(3) The licensee fails or refuses to pay or otherwise discharge any final judgment entered against the licensee arising out of any misrepresentation or fraud committed by the licensee in connection with the license.
(4) The Director determines that:
(I) The licensee knowingly made a false or misleading statement or concealed a material fact in connection with his application for the license;
(II) The licensee is unfit to hold the license;
(III) The licensee no longer satisfies the requirements for the issuance of the license; or
(IV) The suspension or revocation of the license, or the refusal to renew the license, is in the best interest of the public.
(b) A license to operate a school for drivers if the licensee:
(1) Makes any change in the curriculum, schedule of classes or physical or mailing address of the school without having first applied for and obtained the approval of the Department for the change as required by NAC 483.768;
(2) Fails to provide the Department with a current schedule of classes and instructors at least once a month;
(3) Fails to satisfy the Department that the licensee:
(I) Holds a license as an instructor; or
(II) Employs or contracts with a licensed instructor to operate the school;
(4) Permits a class to be taught by:
(I) An unlicensed person; or
(II) An instructor trainee without an instructor being present in the classroom; or
(5) Ceases to maintain an established place of business in this State.
(c) A license to operate a school for training drivers if the licensee fails to maintain the surety bond required by NRS 483.710 or any other bond or license required by any political subdivision of this State.
(d) A license to operate a school for drivers if the licensee has on its staff an instructor who is registered as a third-party certifier pursuant to NAC 483.1224 if:
(1) Such an instructor executes an affidavit certifying the driving ability of a student enrolled at the school and:
(I) The instructor did not administer the driving skills test to the student; or
(II) The instructor also conducted the instruction to the student relating to the test given.
(2) A person other than such an instructor executes an affidavit certifying the driving ability of a student enrolled at the school.
(3) The operator of the school refuses to allow an agent of the Department to inspect, during normal business hours, all books, records and files of the school that relate to such instructors at the school and to the students enrolled at the school whose driving abilities are being certified by those instructors.
(e) A license as an instructor who is registered as a third-party certifier pursuant to NAC 483.1224, if the licensee violates any provision of NAC 483.121 to 483.1236, inclusive.
(f) A license as an instructor or instructor trainee if the licensee is convicted of any traffic offense involving alcohol or a controlled substance.
2. If the Department revokes the license of an instructor upon the revocation of the driver’s license or driving privilege of the instructor following his conviction of any traffic offense involving alcohol or a controlled substance, the Department will not:
(a) Issue to that person a new license as an instructor until 1 year after the date of the reinstatement of his driver’s license or driving privilege; or
(b) Approve that person to provide behind-the-wheel training until 3 years after the date of the reinstatement of his driver’s license or driving privilege.
3. For the purposes of this section, the failure of a licensee to comply with a directive of the Director shall be deemed to be willful if the licensee fails to comply with the directive within 10 days after his receipt of the directive.
(Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002; R107-03, 2-18-2004)
NAC 483.764 Hearing concerning cancellation, suspension or revocation of, or refusal to renew license. (NRS 481.051)
1. The holder of a license issued by the Department pursuant to NRS 483.700 to 483.780, inclusive, may, within 30 days after receipt of a notice of the cancellation, suspension or revocation of, or the refusal to renew, the license, petition the Department in writing for a hearing conducted by a hearing officer of the Department.
2. Upon filing the petition, a date for the hearing must be fixed no later than 30 days after the receipt of the request for hearing or as soon thereafter as practicable.
3. The hearing must be conducted in accordance with the procedures set forth in chapter 233B of NRS and chapter 481 of NAC.
4. Within 30 days after the hearing, the hearing officer of the Department shall make a final determination.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.7645 Surrender of suspended or revoked license; licensing of instructor whose driver’s license is suspended or revoked. (NRS 481.051, 483.760)
1. If the license of a person to operate a school for drivers or as an instructor has been suspended, the license must be surrendered to the Department.
2. If the driver’s license of a person who is licensed as an instructor and approved by the Department to provide behind-the-wheel training has been suspended or revoked for any cause, the Department may suspend or revoke the instructor’s license.
3. A person whose license is suspended or revoked pursuant to subsection 2 may not reapply for a license within 3 years after the date of the reinstatement of his driver’s license or driving privilege.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; R150-98, 9-25-98; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
Administration and Operation
NAC 483.766 Place of business of school: Requirements; inspection. (NRS 481.051, 483.710)
1. An established place of business for a school for drivers, in addition to complying with all applicable statutory requirements:
(a) Must be located within this State;
(b) Must not consist only of a temporary address, mail drop or post office box;
(c) Must be actually occupied continuously or during regular periods;
(d) Must provide for adequate:
(1) Ventilation;
(2) Heating and air-conditioning;
(3) Lighting;
(4) Space per student and space for testing purposes;
(5) Fire exits;
(6) Restrooms;
(7) Facilities for persons with disabilities;
(8) Desks, chairs and audiovisual aids; and
(9) Accessibility to public parking areas or spaces;
(e) Must comply with all applicable state and local zoning, health and safety codes; and
(f) Must not be housed within a:
(1) Facility that dispenses any alcoholic beverage;
(2) Hotel room;
(3) House trailer or mobile home unless, after inspection, a fire or health authority approves the use of the house trailer or mobile home as an established place of business;
(4) Private home, unless the private home is licensed for that use by a business-licensing agency of competent jurisdiction; or
(5) Rooming house.
2. If the established place of business is to be designated a principal place of business, it must be of sufficient size to store safely the books and records of the principal place of business and all branch locations operated under the same name.
3. A representative of the Department may inspect an established place of business at any reasonable time to determine compliance with the requirements of this section.
(Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002)
NAC 483.767 Duties and responsibilities of school; meetings of classes on abuse of alcohol and controlled substances. (NRS 481.051)
1. A school for drivers shall:
(a) Establish written statements of policy which an instructor may use to maintain order in a classroom;
(b) Establish a written policy that describes procedures for:
(1) Visitors who may accompany a student to a class; and
(2) Persons attending the class without a referral from a court or other entity;
(c) Prohibit an instructor from teaching at a school or a branch location of a school for which he is not licensed;
(d) Have available in person or by telephone, during its normal hours of operation, knowledgeable personnel to assist the public, or maintain and monitor a telephone answering service or answering machine; and
(e) Not conduct a class at a particular location if the number of persons present exceeds the occupancy rating for that location.
2. A school licensed to conduct a course on the abuse of alcohol and controlled substances or a course on traffic safety must obtain a signed statement from a student acknowledging that he has been informed of the requirements set forth in NAC 483.708 to 483.795, inclusive.
3. A class in a school licensed to conduct a course on the abuse of alcohol and controlled substances must meet, excluding periods of rest:
(a) For a total of 8 or more hours, including the time for:
(1) Instruction in the subjects of the course; and
(2) Administration of the preliminary and final examinations;
(b) At least twice in successive weeks; and
(c) For not more than 4 hours per session and not more than one session per day.
Ê An hour must contain at least 50 minutes of instruction.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 12-27-93; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)—(Substituted in revision for NAC 483.633)
NAC 483.768 Notification and approval of certain changes concerning school; provision of certain information to Department; insurance for motor vehicle used for training drivers. (NRS 481.051, 483.740)
1. An operator of a school for drivers must apply, on a form provided by the Department, for approval of any proposed change in the curriculum, schedule of classes or physical or mailing address of the school, or any branch thereof, at least 30 days before the day on which the proposed change is to become effective.
2. If an operator of a school for drivers is applying for approval of a change in the curriculum, he must describe the reason for the change and estimate its effect on the students.
3. An operator of a school for drivers shall notify the Department in writing within 10 days after:
(a) Any change in the ownership or corporate structure of the school;
(b) Any change of the location of the school’s principal place of business or branch office;
(c) Any addition or deletion of a branch office of the school;
(d) Any change of the residential address of the operator;
(e) If the school is approved to provide behind-the-wheel training, any change in the list of motor vehicles used by the school to provide such training; or
(f) If the school has any instructors on its staff who are registered as third party certifiers pursuant to NAC 483.1224, any change in any course used to administer the driving skills test.
4. An operator of a school for drivers shall submit to the Department a written schedule of each course which is offered at the school at least 1 week before the course begins. The schedule must include the date, time and location of the course.
5. An operator of a school for drivers shall notify the Department of any cancellation of a course at least 24 hours before the cancelled course is scheduled to begin.
6. Before an operator of a school for training drivers that is approved to provide behind-the-wheel training may use a motor vehicle for training, he must:
(a) Submit a copy of the certificate of insurance for the vehicle; and
(b) Obtain the approval of the Department.
7. The Department may require each person licensed pursuant to the provisions of NRS 483.700 to 483.780, inclusive, to provide any additional information that the Department considers necessary for it to carry out the provisions of NRS 483.700 to 483.780, inclusive, and NAC 483.708 to 483.795, inclusive.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; A by Dep’t of Motor Veh. by R157-01, 8-27-2002; R107-03, 2-18-2004)
NAC 483.769 Periodic inspection and evaluation of school; correction of deficiencies. (NRS 481.051, 483.760)
1. A representative of the Department will periodically inspect and evaluate each school for drivers to determine whether it is being operated in compliance with the provisions of NRS 483.700 to 483.780, inclusive, and NAC 483.708 to 483.795, inclusive. An inspection and evaluation will include the curriculum, faculty, instructional materials, student and other records, training devices and physical facility of the school.
2. The Department may suspend any license issued pursuant to NRS 483.700 to 483.780, inclusive, if the licensee or his agent, officer or employee fails to cooperate fully with a representative in performing an inspection.
3. The Department will provide a written report to the school within 30 days after an inspection. The report must:
(a) Indicate compliance; or
(b) Describe each deficiency and require the school to correct each deficiency.
4. The Department will give the operator of a school written notice of its intent to suspend or revoke the license of the school upon failure of the operator to correct the deficiencies.
5. The operator of the school may appeal in writing from the finding of the inspector to a hearing officer of the Department within 30 days after receiving the Department’s notice of its intent to suspend or revoke the license. The hearing must be held in compliance with the provisions of chapter 233B of NRS and chapter 481 of NAC.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 12-27-93; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)—(Substituted in revision for NAC 483.658)
NAC 483.770 Records; evaluation of training by student. (NRS 481.051, 483.725)
1. The holder of a license to operate a school for drivers shall:
(a) Keep, at his principal place of business, all books and records, including student records, for all locations at which he does business;
(b) Maintain the books and records for not less than 3 years after the books and records are created, even if he ceases to operate any school;
(c) Permit any authorized representative of the Department to inspect and copy the books and records at any reasonable time; and
(d) If requested by the Department, produce, not later than 3 business days after being requested, any books and records or other information identified in the request at the time and place specified in the request.
2. A school for drivers shall require each student enrolled in the school to complete, on a form approved by the Department, an evaluation of the training provided by the school.
3. Each operator of a school for drivers shall keep a record for each student of the school which includes:
(a) The name and address of the student;
(b) The record of attendance of the student at each training session;
(c) The instruction permit number or driver’s license number of the student;
(d) The name and license number of each instructor of each training session attended by the student;
(e) A description of the type of instruction given and the amount of time devoted to each type of instruction;
(f) The date on which each type of instruction was given;
(g) The total number of hours of instruction; and
(h) The evaluation form completed by the student or a notation on the record indicating the reason why the student did not complete the evaluation form.
4. As used in this section, “books and records” includes, without limitation, all electronic records created by a school for drivers providing an interactive course that uses communications technology.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; R150-98, 9-25-98; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)
NAC 483.772 School for training drivers: Restrictions on advertising and solicitation of business. (NRS 481.051)
1. A school for training drivers shall not publish, display or circulate any advertising which is misleading or inaccurate or misrepresents any of the services rendered or furnished to the public. The Director may request that such advertising be withdrawn from circulation.
2. A school for training drivers shall not use in advertising or other publicity for the school:
(a) Any name other than the name in which the license for the school is issued.
(b) Any name that would tend to mislead the general public to believe that the school is affiliated with the Department or any of the divisions of the Department.
(c) Any name which includes the word “State” in the name of the school.
3. A school for training drivers shall not imply in advertising or other publicity for the school that:
(a) A student of the school will receive a driver’s license;
(b) The school has the capacity to influence the Department in the issuance of drivers’ licenses; or
(c) A student will otherwise receive preferential treatment by the Department.
4. A school for training drivers may indicate in advertising or other publicity for the school that the school is licensed by the Department, but must not indicate that the school is otherwise approved, sanctioned or endorsed by the Department.
5. An owner, operator, instructor, employee or agent of a school for training drivers shall not personally solicit any person or otherwise solicit business from the general public within any premises owned, rented or leased by the Department.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; R150-98, 9-25-98; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)—(Substituted in revision for NAC 483.765)
NAC 483.773 School for training drivers: Approval of activities by Department. (NRS 481.051)
1. A school for training drivers may provide courses only in the following activities for which it has received approval from the Department:
(a) Classroom instruction;
(b) Classroom instruction to a person who is under 18 years of age;
(c) Behind-the-wheel training;
(d) Classroom instruction given in an interactive course that uses communications technology;
(e) Classroom instruction given by correspondence; or
(f ) Any combination of paragraphs (a) to (e), inclusive.
2. Before the Department will approve a school for training drivers to provide classroom instruction to a person who is under 18 years of age, the school must satisfy the Department that the school is in compliance with sub-subparagraph (II) of subparagraph (1) of paragraph (d) of subsection 1 of NRS 483.250.
3. An applicant for a license to operate a school for training drivers must request approval for at least one activity set forth in subsection 1 in his application for a license.
4. A school for training drivers that is approved for fewer than all the activities set forth in subsection 1 may request approval for one or more additional activities without filing an application for a new license.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R150-98, 9-25-98, eff. 10-1-98; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)—(Substituted in revision for NAC 483.7894)
NAC 483.774 School for training drivers: Requirements for courses; restrictions on operation of motor vehicle by student. (NRS 481.051, 483.255, 483.725)
1. A course provided by a school for training drivers to enable a person who is under 18 years of age to obtain a license to drive pursuant to NRS 483.250 must consist of the equivalent of not less than 30 hours of instruction, excluding any time taken for meals, rest breaks and any ceremony for the issuance of a certificate upon completion of the course.
2. Each student may receive a maximum of 7.5 hours of instruction per day.
3. Each session of a course must be presented not later than 7 days after the previous session was held.
4. Except as otherwise provided in NRS 483.725, the use of audiovisual aids, personal computers or simulators for course instruction must not exceed 6 hours of the total 30 hours that are allotted for instruction and training.
5. In addition to the requirements of NRS 483.725, each student enrolled in a course at a school for training drivers which includes instruction in the classroom, including instruction by correspondence or with the use of communications technology, must be provided with instruction in at least the following subjects:
(a) The proper attitudes for driving safely and the adverse effects of disturbed emotions;
(b) Use and maintenance of required safety equipment;
(c) Defensive driving;
(d) Established speed laws;
(e) Proper use of lanes;
(f ) Backing up safely;
(g) The proper procedure for driving in a controlled or an uncontrolled intersection;
(h) Passing;
(i) Differentiating between the techniques required for driving:
(1) In a city;
(2) On a freeway;
(3) On an open highway; and
(4) Under adverse conditions;
( j) The meaning of the different colors of a traffic light and the meaning of traffic signs, signals and pavement markings, including signs that designate parking as illegal;
(k) Major causes of accidents and the legal and moral responsibilities in case of an accident;
(l) Driving in a work zone for construction or maintenance;
(m) Licensing control measures, including the grounds for suspension or revocation of a driver’s license;
(n) Sharing the road with other motor vehicles, bicyclists and pedestrians;
(o) The proper procedures for:
(1) The right-of-way in various situations;
(2) Hand signals;
(3) Passing a school bus, including passing when the driver of a school bus must stop;
(4) Starting a vehicle;
(5) Making turns;
(6) Parking;
(7) Moving in reverse; and
(8) Following another car at a proper distance; and
(p) The effects of alcohol and drugs on a person’s ability to drive.
6. In addition to the requirements set forth in subsection 5, each student enrolled in a course at a school for training drivers that includes classroom instruction, including instruction by correspondence or with the use of communications technology, must be provided with instruction in at least the following additional subjects:
(a) Required vehicle equipment;
(b) Vehicle registration;
(c) The different highway systems;
(d) The organizations that supervise the maintenance of and enforce the traffic laws on each system;
(e) The requirements for insurance in this State;
(f ) The types of insurance coverage available;
(g) The procedures for purchasing an automobile;
(h) The sources of credit to finance the purchase of an automobile;
(i) The importance of the maintenance of a vehicle for driving safely, including:
(1) Compilation of a list for the efficient and economical maintenance of a vehicle; and
(2) Identification of the purpose of each instrument, device and control in a vehicle;
( j) The effects of physical handicaps on the ability to drive;
(k) Sharing the road with others, including commercial vehicles, buses, motorcycles, bicycles and pedestrians;
(l) External forces affecting driving, including weather, conditions of the road and driving at night; and
(m) Rules of the road, including state laws and local motor vehicle laws and ordinances.
7. Behind-the-wheel training offered by a school for training drivers must include, but is not limited to:
(a) Familiarization with a motor vehicle;
(b) Basic use of the controls in a motor vehicle;
(c) Development of skills essential to the safe operation of a motor vehicle in traffic; and
(d) Driving a motor vehicle in traffic with the instructor to develop abilities which are necessary to respond logically in a complex traffic situation.
8. A school for training drivers shall not permit a student to operate a motor vehicle on any public street or highway unless the student has in his immediate possession a valid instruction permit issued by the Department.
9. A school for training drivers shall not permit a student under the age of 18 years to operate a motor vehicle in a jurisdiction during any time when the student would be in violation of a curfew in the jurisdiction.
10. For the purposes of this section, 1 hour of behind-the-wheel training is equivalent to 3 hours of instruction.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; A by Dep’t of Motor Veh. by R157-01, 8-27-2002)—(Substituted in revision for NAC 483.789)
NAC 483.777 Course materials; guest speakers. (NRS 481.051, 483.725)
1. All materials for a course, including, without limitation, the syllabus, an outline, a handout, an audiovisual aid, an examination and other related course materials to be used by students must:
(a) Be adequate and accurately cover the subject matter;
(b) Be relevant, current, understandable and consistent with the goals and objectives of the course;
(c) Be effective and suitable in approach, delivery and methodology;
(d) If the school uses the materials in a course on traffic safety or a course on the abuse of alcohol and controlled substances, be consistent with the intent and purposes of NRS 483.475 or 484.3792, respectively; and