CHAPTER 487 - REPAIR, REMOVAL AND DISPOSAL OF VEHICLES

[Rev. 12/4/2006 10:49:00 AM]

GENERAL PROVISIONS

487.001 Definitions.

487.002 “Business day” defined.

487.003 “Department” defined.

487.004 “Director” defined.

487.0044 “Federal identification number” defined.

487.005 “Manufactured Housing Division” defined.

487.006 “Nonrepairable vehicle certificate” defined.

487.007 “Salvage title” defined.

487.0075 “Salvage vehicle” defined.

487.008 “State agency” defined.

487.009 “Vehicle” defined.

AUTOMOBILE WRECKERS

487.010 “Automobile wrecker” defined.

487.013 Application for license: Federal identification number required.

487.015 Dismantling, scrapping or wrecking of vehicles.

487.021 Application for salvage title or nonrepairable vehicle certificate.

487.025 Provision of certain documents to purchaser of salvage vehicle.

487.027 Disclosure of financial records: Form for authorization.

487.030 Fee for towing abandoned vehicle.

SALVAGE POOLS

487.050 Application for license to operate: Federal identification number required

487.060 Disclosure of financial records: Form for authorization.

BODY SHOPS

487.100 Definitions.

487.110 Application for license.

487.120 Display of license and name of business.

487.130 Separate license required for each shop; contents of license.

487.140 Coverage of bond.

487.150 Outdoor signs provided by Department.

487.155 Disclosure of financial records: Form for authorization.

487.160 Restrictions on advertising.

487.170 Prerequisites to use of certain body parts or subcontracting of repairs.

487.180 Hearing on denial, suspension or revocation of license.

GARAGES AND GARAGEMEN

487.205 Definitions.

487.210 “Garage” defined.

487.215 “Garageman” defined.

487.220 “Motor vehicle” defined.

487.225 “Person authorizing repairs” defined.

487.228 Application for registration to operate garage: Federal identification number required

487.230 Display of sign required; contents of sign; penalty.

487.235 Duties of garageman on acceptance of vehicle for repair.

487.240 Estimate of costs required for certain repairs.

487.245 Notice of additional charges over estimate required in certain cases.

487.250 Waiver of estimate of costs or notice of additional charges.

487.255 Duties of person authorizing repairs upon receipt of notice of additional charges; authority of garageman.

487.260 Delivery of replaced parts upon request; exception.

487.265 Statement of charges for repair: Presentation; contents; penalty; prerequisites to enforcement of lien; execution.

487.270 Compliance with certain provisions required when charges made for repair; enforcement of liens and contracts.

487.275 Books and records: Maintenance; inspection; production.

487.280 Violations: Injunctive relief.

487.285 Violations: Civil penalty.

487.290 Grounds for denial, suspension or revocation of registration to operate garage.

REPAIRS

487.300 Replacement of conventional frame of vehicle.

SALVAGE VEHICLES AND NONREPAIRABLE VEHICLES

487.360 Salvage title or nonrepairable vehicle certificate: Submission of application, evidence of ownership and fee; issuance.

487.370 Transfer of ownership of salvage vehicle: Conditions requiring duplicate salvage title or nonrepairable vehicle certificate.

ADMINISTRATIVE FINES

487.900 Imposition and payment of fine; failure to pay fine.

GENERAL PROVISIONS

NAC 487.001 Definitions. (NRS 481.051) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 487.002 to 487.009, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Dep’t of Motor Veh. by R038-04 & R146-04, eff. 10-14-2004; A by R133-06, 9-18-2006)

NAC 487.002 “Business day” defined. (NRS 481.051) “Business day” does not include a Saturday, Sunday or legal holiday.

(Added to NAC by Dep’t of Motor Veh. by R038-04, eff. 11-2-2004)

NAC 487.003 “Department” defined. (NRS 481.051) “Department” means the Department of Motor Vehicles.

(Added to NAC by Dep’t of Motor Veh. by R038-04 & R146-04, eff. 10-14-2004)

NAC 487.004 “Director” defined. (NRS 481.051) “Director” means the Director of the Department.

(Added to NAC by Dep’t of Motor Veh. by R038-04 & R146-04, eff. 10-14-2004)

NAC 487.0044 “Federal identification number” defined. (NRS 481.051) “Federal identification number” means:

1. Federal taxpayer identification number;

2. Federal employer identification number;

3. Social security number; or

4. Any other identification number issued by the Internal Revenue Service.

(Added to NAC by Dep’t of Motor Veh. by R133-06, eff. 9-18-2006)

NAC 487.005 “Manufactured Housing Division” defined. (NRS 481.051) “Manufactured Housing Division” means the Manufactured Housing Division of the Department of Business and Industry.

(Added to NAC by Dep’t of Motor Veh. by R038-04, eff. 11-2-2004)

NAC 487.006 “Nonrepairable vehicle certificate” defined. (NRS 481.051) “Nonrepairable vehicle certificate” means a certificate issued by the state agency pursuant to NRS 487.880.

(Added to NAC by Dep’t of Motor Veh. by R038-04, eff. 11-2-2004)

NAC 487.007 “Salvage title” defined. (NRS 481.051) “Salvage title” means a certificate of title issued by the state agency pursuant to NRS 487.810.

(Added to NAC by Dep’t of Motor Veh. by R038-04, eff. 11-2-2004)

NAC 487.0075 “Salvage vehicle” defined. (NRS 481.051) “Salvage vehicle” has the meaning ascribed to it in NRS 487.770.

(Added to NAC by Dep’t of Motor Veh. by R038-04, eff. 11-2-2004)

NAC 487.008 “State agency” defined. (NRS 481.051) “State agency” has the meaning ascribed to it in NRS 487.007.

(Added to NAC by Dep’t of Motor Veh. by R038-04, eff. 11-2-2004)

NAC 487.009 “Vehicle” defined. (NRS 481.051) “Vehicle” has the meaning ascribed to it in NRS 482.135.

(Added to NAC by Dep’t of Motor Veh. by R038-04, eff. 11-2-2004)

AUTOMOBILE WRECKERS

NAC 487.010 “Automobile wrecker” defined. (NRS 481.051) As used in NAC 487.010 to 487.030, inclusive, unless the context otherwise requires, “automobile wrecker” means any person licensed by the Department pursuant to NRS 487.050 to 487.200, inclusive, who dismantles, scraps, processes or wrecks vehicles that are subject to the registration laws of Nevada.

[Dep’t of Motor Veh., Licensed Dismantlers Reg. § 1, eff. 2-5-68]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 2-27-89; 3-14-89; 6-15-90; R116-99, 12-13-99; A by Dep’t of Motor Veh. by R146-04, 10-14-2004; R038-04, 11-2-2004; A by R133-06, 9-18-2006)

NAC 487.013 Application for license: Federal identification number required. (NRS 481.051, 487.050) In addition to the requirements set forth in NRS 487.050 and 487.060, an application for a license or for the renewal of a license to operate as an automobile wrecker must include the federal identification number of the applicant’s business.

(Added to NAC by Dep’t of Motor Veh. by R133-06, eff. 9-18-2006)

NAC 487.015 Dismantling, scrapping or wrecking of vehicles. (NRS 481.051)

1. Except as otherwise provided in subsection 2 and NRS 487.260, an automobile wrecker shall not dismantle, scrap or wreck any vehicle:

(a) If he is notified by the state agency that the vehicle is not to be dismantled, scrapped or wrecked.

(b) Unless he possesses a salvage title or nonrepairable vehicle certificate for the vehicle.

2. An automobile wrecker who submits an application pursuant to NAC 487.360 may dismantle, scrap or wreck the vehicle if 5 or more business days elapse after the submission of the application and he does not receive from the Department:

(a) A salvage title;

(b) A nonrepairable vehicle certificate; or

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 6-15-90; A by R116-99, 12-13-99; A by Dep’t of Motor Veh. by R038-04, 11-2-2004)

NAC 487.021 Application for salvage title or nonrepairable vehicle certificate. (NRS 481.051) Except as otherwise provided in NRS 487.810, an automobile wrecker who wishes to apply for a salvage title or nonrepairable vehicle certificate must comply with the requirements set forth in NAC 487.360.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 6-15-90; A by R116-99, 12-13-99; A by Dep’t of Motor Veh. by R038-04, 11-2-2004)

NAC 487.025 Provision of certain documents to purchaser of salvage vehicle. (NRS 481.051) An automobile wrecker who sells a salvage vehicle must provide the purchaser with:

1. A salvage title for the vehicle;

2. A nonrepairable vehicle certificate for the vehicle; or

3. If the vehicle has been acquired through the enforcement of a lien obtained pursuant to NRS 108.270 or 487.270:

(a) A certificate of title issued by the Department; or

(b) A certificate of ownership issued by the Manufactured Housing Division.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 6-15-90; A by R116-99, 12-13-99; A by Dep’t of Motor Veh. by R038-04, 11-2-2004)

NAC 487.027 Disclosure of financial records: Form for authorization. (NRS 481.051, 487.160)

1. An authorization for the disclosure of financial records required by the Department pursuant to subsection 7 of NRS 487.160 must be on a form provided by the Department.

2. In addition to the requirements of NRS 239A.090, the form must include, without limitation, a statement that the financial records and any information concerning the financial records:

(a) Will only be used to assist the Division of Compliance Enforcement of the Department to determine the suitability of an applicant or licensee for initial or continued licensure pursuant to NRS 487.050 to 487.200, inclusive; and

(b) Will not be disclosed or disseminated to any person other than an employee of the Department who is authorized to issue a license to an applicant pursuant to NRS 487.050 to 487.200, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R116-99, eff. 12-13-99)

NAC 487.030 Fee for towing abandoned vehicle. (NRS 481.051, 487.095) An automobile wrecker may only charge $55 for towing an abandoned vehicle regardless of the time of day, the distance to the vehicle or the type of equipment used to tow the vehicle.

(Added to NAC A by Dep’t of Motor Veh. & Pub. Safety, eff. 2-27-89)

SALVAGE POOLS

NAC 487.050 Application for license to operate: Federal identification number required. (NRS 481.051, 487.410) In addition to the requirements set forth in NRS 487.410 and 487.420, an application for a license or for the renewal of a license to operate a salvage pool must include the federal identification number of the applicant’s business.

(Added to NAC by Dep’t of Motor Veh. by R133-06, eff. 9-18-2006)

NAC 487.060 Disclosure of financial records: Form for authorization. (NRS 481.051, 487.490)

1. An authorization for the disclosure of financial records required by the Department pursuant to subsection 6 of NRS 487.490 must be on a form provided by the Department.

2. In addition to the requirements of NRS 239A.090, the form must include, without limitation, a statement that the financial records and any information concerning the financial records:

(b) Will not be disclosed or disseminated to any person other than an employee of the Department who is authorized to issue a license to an applicant pursuant to NRS 487.400 to 487.510, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R116-99, eff. 12-13-99)

BODY SHOPS

NAC 487.100 Definitions. (NRS 481.051) As used in NAC 487.100 to 487.180, inclusive, unless the context otherwise requires:

1. “After-market body part” means a sheet metal or plastic part which is used to replace a part on the exterior of a motor vehicle and which:

(a) In nonmechanical; and

(b) Has not been manufactured for or by the original manufacturer of the vehicle being repaired.

Ê The term includes the inner and outer body panels of a motor vehicle.

2. “Body shop” has the meaning ascribed to it in NRS 487.600.

3. “Used body part” means a sheet metal or plastic part which is used to replace a part on the exterior of a motor vehicle and which:

(a) Has been previously used;

(b) Is nonmechanical; and

Ê The term includes the inner and outer body panels of a motor vehicle.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-14-89; A 8-19-92; R116-99, 12-13-99; A by Dept. of Motor Veh. by R038-04, 11-2-2004)

NAC 487.110 Application for license. (NRS 481.051, 487.630, 487.640) An application for a license to operate a body shop must include:

1. A completed DS-237 application form. The form may be obtained from the Department.

2. For each principal in the business:

(a) A completed DS-242 personal history questionnaire. The questionnaire may be obtained from the Department.

(b) A photograph of each principal.

3. A copy of a city or county business license.

4. Documents of incorporation for the business, if applicable.

5. The sales tax number of the business.

6. The federal identification number of the business.

Ê The application must be accompanied by the surety bond or deposit required by NRS 487.640.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-14-89)

NAC 487.120 Display of license and name of business. (NRS 481.051, 487.620, 487.630)

1. A license to operate a body shop must be displayed in a conspicuous place under glass or other transparent material within the body shop.

2. A licensed body shop must display its business name in letters sufficient to be legible from the center of the nearest roadway adjacent to the established place of business.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-14-89)

NAC 487.130 Separate license required for each shop; contents of license. (NRS 481.051, 487.610, 487.630)

1. If the operator of a body shop operates more than one body shop, a license must be obtained for each body shop in addition to the license issued for his principal place of business.

2. The Department will specify on each license it issues:

(a) The name of the licensee;

(b) The location for which the license is issued; and

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-14-89)

NAC 487.140 Coverage of bond. (NRS 481.051, 487.640) The bond or deposit required by NRS 487.640 covers an operator’s principal place of business and all body shops operated by him.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-14-89)

NAC 487.150 Outdoor signs provided by Department. (NRS 481.051)

1. At least one outdoor sign provided by the Department must be displayed at a licensed body shop stating that the body shop is licensed by the Department. The sign must be posted so that it is visible from the center of the nearest roadway adjacent to the body shop.

2. The Department will collect a fee of $15 for each sign posted by the licensed body shop. The fee will be returned when the sign is returned to the Department in a reusable condition.

3. The licensed body shop must pay the costs of repairing and maintaining signs which are in its control.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-14-89)

NAC 487.155 Disclosure of financial records: Form for authorization. (NRS 481.051, 487.650)

1. An authorization for the disclosure of financial records required by the Department pursuant to subsection 2 of NRS 487.650 must be on a form provided by the Department.

2. In addition to the requirements of NRS 239A.090, the form must include, without limitation, a statement that the financial records and any information concerning the financial records:

(b) Will not be disclosed or disseminated to any person other than an employee of the Department who is authorized to issue a license to an applicant pursuant to NRS 487.600 to 487.690, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R116-99, eff. 12-13-99)

NAC 487.160 Restrictions on advertising. (NRS 481.051) The operator of a licensed body shop may not publish, display or circulate advertising which is misleading, inaccurate or misrepresents any of the services rendered, or products sold, manufactured, handled or furnished to the public.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-14-89)

NAC 487.170 Prerequisites to use of certain body parts or subcontracting of repairs. (NRS 481.051)

1. A person engaged in the business of a body shop shall not use an after-market body part in the repair of a motor vehicle unless he first:

(a) Provides to the owner of the motor vehicle a statement in writing identifying each after-market body part and the origin of that part;

(b) Informs the owner of the motor vehicle in writing that any warranties applicable to the after-market body parts are provided by the manufacturer or distributor of the parts rather than the manufacturer of the vehicle; and

2. A person engaged in the business of a body shop shall not use a used body part in the repair of a motor vehicle unless he first:

(a) Provides to the owner of the motor vehicle a statement in writing identifying each used body part; and

(b) Obtains the written consent of the owner of the motor vehicle to the installation of the used body part.

3. A body shop may subcontract with a licensed body shop, garage or other business for the performance of specialized repairs if the body shop first obtains the written consent of the owner.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-14-89; A 8-19-92)

NAC 487.180 Hearing on denial, suspension or revocation of license. (NRS 481.051, 487.650)

1. An applicant for a license or a licensee may, within 30 days after receipt of a notice of the denial, suspension or revocation of a license, petition the Director in writing for a hearing.

2. Hearings conducted pursuant to this section must be conducted in the manner prescribed in NRS 482.353 and 482.354.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-14-89)

GARAGES AND GARAGEMEN

NAC 487.205 Definitions. (NRS 481.051) As used in NAC 487.205 to 487.290, inclusive, unless the context otherwise requires, the words and terms defined in NAC 487.210 to 487.225, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004; A by R133-06, 9-18-2006)

NAC 487.210 “Garage” defined. (NRS 481.051) “Garage” has the meaning ascribed to it in NRS 487.540.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.215 “Garageman” defined. (NRS 481.051) “Garageman” has the meaning ascribed to it in NRS 487.545.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.220 “Motor vehicle” defined. (NRS 481.051) “Motor vehicle” has the meaning ascribed to it in NRS 487.550.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.225 “Person authorizing repairs” defined. (NRS 481.051) “Person authorizing repairs” means a person who uses the services of a garage. The term includes an insurance company, its agents or representatives, authorizing repairs to motor vehicles under a policy of insurance.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.228 Application for registration to operate garage: Federal identification number required. (NRS 481.051, 487.560) In addition to the requirements set forth in NRS 487.560 and 487.563, an application for registration or for the renewal of registration to operate a garage must include the federal identification number of the applicant’s business.

(Added to NAC by Dep’t of Motor Veh. by R133-06, eff. 9-18-2006)

NAC 487.230 Display of sign required; contents of sign; penalty. (NRS 481.051, 487.570)

1. Each garageman shall display conspicuously in those areas of his place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

STATE OF NEVADA

REGISTERED GARAGE

THIS GARAGE IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS

AS A CUSTOMER IN NEVADA:

YOU have the right to receive repairs from a business that is REGISTERED with the Department of Motor Vehicles that will ensure the proper repair of your vehicle. (NRS 597.490)

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (NRS 597.510)

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 597.490)

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 597.550)

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 597.550)

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20 percent of the original estimate or $100, whichever is less. (NRS 597.520)

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle. (NRS 487.035)

YOU have the right to a FAIR RESOLUTION of any dispute that develops concerning the repair of your vehicle. (NRS 597.490)

FOR MORE INFORMATION PLEASE CONTACT:

THE DEPARTMENT OF BUSINESS AND INDUSTRY

CONSUMER AFFAIRS DIVISION

IN CLARK COUNTY: (702) 486-7355

ALL OTHER AREAS TOLL-FREE: 1-800-326-5202

2. The sign required pursuant to the provisions of subsection 1 must include a replica of the Great Seal of the State of Nevada. The Seal must be 2 inches in diameter and be centered on the face of the sign directly above the words “STATE OF NEVADA.”

3. Any person who violates the provisions of this section is subject to prosecution for a misdemeanor in accordance with NRS 597.490.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.235 Duties of garageman on acceptance of vehicle for repair. (NRS 481.051, 487.570) Whenever any garageman accepts or assumes control of a motor vehicle for the purpose of making or completing any repair, he shall comply with the provisions of NAC 487.240 to 487.275, inclusive.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.240 Estimate of costs required for certain repairs. (NRS 481.051, 487.570)

1. Except as otherwise provided in NAC 487.250, a person requesting or authorizing the repair of a motor vehicle that is more than $50 must be furnished a written estimate or statement signed by the person making the estimate or statement on behalf of the garageman, indicating the total charge for the performance of the work necessary to accomplish the repair, including the charge for labor and all parts and accessories necessary to perform the work.

2. If the estimate is for the purpose of diagnosing a malfunction, the estimate must include the cost of:

(a) Diagnosis and disassembly; and

(b) Reassembly, if the person does not authorize the repair.

3. The provisions of this section do not require a garageman to reassemble a motor vehicle if he determines that the reassembly of the motor vehicle would render the vehicle unsafe to operate.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.245 Notice of additional charges over estimate required in certain cases. (NRS 481.051, 487.570) Except as otherwise provided in NAC 487.250, if it is determined that additional charges are required to perform the repair of a motor vehicle which is authorized, and those additional charges exceed, by 20 percent or $100, whichever is less, the amount set forth in the estimate or statement required to be furnished pursuant to the provisions of NAC 487.240, the garageman shall notify in writing the person authorizing repairs of the amount of those additional charges before the garageman may undertake any repair which would involve such additional charges.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.250 Waiver of estimate of costs or notice of additional charges. (NRS 481.051, 487.570)

1. The person requesting or authorizing repairs may waive the estimate or statement required pursuant to the provisions of NAC 487.240 or the notification required pursuant to the provisions of NAC 487.245 by executing a written waiver of the estimate, statement or notification. The waiver must be executed by the person requesting or authorizing the repairs at the time he requests or authorizes those repairs.

2. A written waiver of the estimate or statement required pursuant to the provisions of NAC 487.240 must be:

(a) On a form other than the statement of charges presented pursuant to the provisions of NAC 487.265 to the person requesting or authorizing the repairs; and

(b) Printed in at least 10-point font.

3. A written waiver of the notification required pursuant to the provisions of NAC 487.245:

(a) May be on the original estimate or statement required to be furnished pursuant to the provisions of NAC 487.240; and

(b) Must be:

(1) On a form other than the statement of charges presented pursuant to the provisions of NAC 487.265 to the person requesting or authorizing the repairs;

(2) Printed in at least 10-point font; and

(3) Received by the garageman before the garageman undertakes any repair which would involve additional charges to perform the repair described in the estimate or statement required to be furnished pursuant to the provisions of NAC 487.240.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.255 Duties of person authorizing repairs upon receipt of notice of additional charges; authority of garageman. (NRS 481.051, 487.570)

1. A person authorizing repairs who has been notified of additional charges pursuant to the provisions of NAC 487.245 shall:

(a) Authorize the performance of the repair at the additional expense; or

(b) Without delay, and upon payment of the authorized charges, take possession of the motor vehicle.

2. Until the election provided for in subsection 1 has been made, the garageman shall not undertake any repair which would involve such additional charges.

3. If the person elects to take possession of the motor vehicle but fails to take possession within a 24-hour period after such election, the garageman may charge for storage of the vehicle.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.260 Delivery of replaced parts upon request; exception. (NRS 481.051, 487.570)

1. Whenever the repair work performed on a motor vehicle requires the replacement of any parts or accessories, the garageman shall, at the request of the person authorizing the repairs or any person entitled to possession of the motor vehicle, deliver to such person all parts and accessories replaced as a result of the work done.

2. The provisions of subsection 1 do not apply to parts or accessories which must be returned to a manufacturer or distributor under a warranty arrangement or which are subject to exchange, but the customer on request is entitled to be shown such warranty parts for which a charge is made.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.265 Statement of charges for repair: Presentation; contents; penalty; prerequisites to enforcement of lien; execution. (NRS 481.051, 487.035, 487.570)

1. In accordance with the provisions set forth in NRS 487.035:

(a) If a garageman makes charges for the repair of a motor vehicle, the garageman shall present to the person requesting the repairs or to the person entitled to possession of the motor vehicle a statement of the charges containing the following information:

(1) The name and signature of the person authorizing or requesting the repairs;

(2) A statement of the total charges;

(3) An itemization and description of all parts used to repair the motor vehicle indicating the charges made for each part;

(4) A statement of the charges made for labor; and

(5) A description of all other charges.

(b) A garageman who violates the provisions of this section is subject to prosecution for a misdemeanor.

(c) In the case of a motor vehicle registered in the State of Nevada, no lien for labor or materials provided under NRS 108.265 to 108.360, inclusive, may be enforced by sale or otherwise unless a statement as described in subsection 1 has been given by delivery in person or by certified mail to the last known address of the registered and the legal owner of the motor vehicle. In all other cases, such notice must be made to the last known address of the registered owner and any other person known to have or to claim an interest in the motor vehicle.

2. A garageman may not undertake the repair of the motor vehicle without the signature of the person authorizing or requesting the repairs on the statement of charges.

3. As used in this section, “statement of charges” includes, without limitation:

(a) A work order;

(b) An invoice; and

(c) Any other form or documentation which is used in the normal course of business of a garageman and contains the information required pursuant to paragraph (a) of subsection 1.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.270 Compliance with certain provisions required when charges made for repair; enforcement of liens and contracts. (NRS 481.051, 487.570) In every instance where charges are made for the repair of a motor vehicle, the garageman making the repairs shall comply with the provisions of NAC 487.240 to 487.265, inclusive. He is not entitled to detain a motor vehicle by virtue of any common law or statutory lien, or otherwise enforce such lien, nor shall he have the right to sue on any contract for repairs made by him, unless he has complied with the requirements of NAC 487.240 to 487.265, inclusive.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.275 Books and records: Maintenance; inspection; production. (NRS 481.051, 487.570)

1. Each garageman shall keep his books and records for all locations at which he does business within a county at his principal place of business in that county for at least 1 year after the completion of any work to which the books and records relate.

2. Each garageman shall permit any authorized agent of the Director or the State of Nevada to inspect and copy his books and records during usual business hours.

3. Each garageman shall, not later than 3 business days after receiving a request from any authorized agent of the Director or the State of Nevada to produce books, records or any other information, provide the requested books, records or information to the person at the location specified in the request.

4. Each garageman shall retain his books and records for not less than 1 year after he ceases to be registered to operate a garage.

5. As used in this section, “books and records” means any documentation related to the repair of a motor vehicle which is used in the normal course of business of a garageman, including, without limitation:

(a) A work order;

(b) An estimate or statement of charges required pursuant to the provisions of NAC 487.240;

(d) A waiver authorized and executed pursuant to the provisions of NAC 487.250;

(e) A receipt;

(f) A statement of charges presented pursuant to the provisions of NAC 487.265 to a person requesting or authorizing repairs; and

(g) An invoice.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.280 Violations: Injunctive relief. (NRS 481.051, 487.570) The Attorney General or any district attorney is authorized to bring an action in any court of competent jurisdiction in the name of the State of Nevada on the complaint of the Commissioner of Consumer Affairs or of any person allegedly aggrieved by such violation to enjoin any violation of the provisions of NAC 487.240 to 487.275, inclusive, in accordance with NRS 597.580.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.285 Violations: Civil penalty. (NRS 481.051, 487.570) Any person who knowingly violates any provision of NAC 487.240 to 487.275, inclusive, is subject to liability, in addition to any other penalty or remedy which may be provided by law, for a civil penalty of not more than $500 for each offense, which may be recovered by civil action on complaint of the Commissioner of Consumer Affairs, or the district attorney in accordance with NRS 597.590.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

NAC 487.290 Grounds for denial, suspension or revocation of registration to operate garage. (NRS 481.051, 487.564)

1. The Department may refuse to issue a registration or, after notice and hearing, may suspend, revoke or refuse to renew a registration to operate a garage upon any of the following grounds:

(a) Failure of the applicant to have an established place of business in this State.

(b) Any material misstatement in the application for the certificate of registration.

(c) Conviction of the applicant or registrant or an employee of the applicant or registrant of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter or chapter 487 of NRS.

(d) Willful failure of the applicant or registrant to comply with a provision of the motor vehicle laws of this State, including, without limitation, NRS 487.035, 487.530 to 487.570, inclusive, or 597.480 to 597.590, inclusive.

(e) Willful failure of the applicant or registrant to comply with a directive of the Director. For the purpose of this paragraph, failure to comply with a directive of the Director advising the registrant of his noncompliance with a provision of the motor vehicle laws of this State or a regulation of the Department, within 10 days after the receipt of the directive, is prima facie evidence of willful failure to comply with the directive.

(f) Failure on the part of the registrant to maintain a fixed place of business in this State.

(g) Failure or refusal by the registrant to pay or otherwise discharge any final judgment against the registrant rendered and entered against him, arising out of the repair of a motor vehicle or the operation of a garage.

(h) Failure of the registrant to maintain any other license, registration or bond required by a political subdivision of this State.

(i) An improper, careless or negligent inspection of a salvage vehicle pursuant to NRS 487.800 by the applicant or registrant or an employee of the applicant or registrant.

(j) A false statement of material fact in a certification of a salvage vehicle pursuant to NRS 487.800 or a record regarding a salvage vehicle by the applicant or registrant or an employee of the applicant or registrant.

(k) After the Department has determined that a registrant has failed to comply with a requirement of NAC 487.240 to 487.265, inclusive, and the Department has notified the registrant in writing of such noncompliance, failure or refusal by the registrant to release or return a motor vehicle held by the registrant for payment of repairs to the person requesting or authorizing such repairs if the cost of the repairs are in dispute.

2. The Director may deny the issuance of a registration to an applicant or may revoke a registration already issued if the Department is satisfied that the applicant or registrant is not entitled thereto.

3. As used in this section, “salvage vehicle” has the meaning ascribed to it in NRS 487.770.

(Added to NAC by Dep’t of Motor Veh. by R146-04, eff. 10-14-2004)

REPAIRS

NAC 487.300 Replacement of conventional frame of vehicle. (NRS 481.051)

1. A person licensed by the Department pursuant to chapter 482 or 487 of NRS who replaces the conventional frame of a vehicle shall:

(a) Provide written disclosure that the frame has been replaced to the person who authorized the replacement. The written disclosure must clearly state whether the replacement frame is:

(1) New or used; and

(2) Manufactured for or by the original manufacturer of that vehicle or is an after-market part.

(b) Provide notice to the owner of the vehicle that he may have a duty to obtain a unique vehicle identification number pursuant to NAC 482.505.

2. The owner of the vehicle from which the replacement frame is removed shall obtain a nonrepairable vehicle certificate for that vehicle.

3. A frame that is removed from a vehicle because it is damaged must not be used as a replacement frame in any other vehicle. The person who removes such a frame shall:

(a) Destroy the frame; or

(b) If he obtains written authorization from the Department pursuant to NRS 482.553, destroy the vehicle identification number stamped on or attached to the frame.

4. As used in this section, “conventional frame” means the main longitudinal structural members of the chassis of a vehicle used as the major support in the construction of the vehicle.

(Added to NAC by Dep’t of Motor Veh. by R038-04, eff. 11-2-2004)

SALVAGE VEHICLES AND NONREPAIRABLE VEHICLES

NAC 487.360 Salvage title or nonrepairable vehicle certificate: Submission of application, evidence of ownership and fee; issuance. (NRS 481.051, 487.810, 487.880)

1. A person who wishes to obtain a salvage title or nonrepairable vehicle certificate from the Department must submit:

(a) A completed application, including a description of the vehicle, on the form provided by the Department;

(b) Evidence of the ownership of the vehicle, consisting of any of the following:

(1) A certificate of title issued by the Department, or a comparable document of title issued by a public authority of another state, territory or country;

(2) A salvage title;

(3) Unless the application is for a salvage title, a nonrepairable vehicle certificate;

(4) Proof of compliance with the provisions of NRS 108.265 to 108.360, inclusive, in the form required by the Department, if the vehicle has been acquired through the enforcement of a lien obtained pursuant to NRS 108.270; or

(5) Such other evidence as the Department requires to establish ownership of the vehicle; and

2. The materials required by this section must be submitted to the Department of Motor Vehicles, Central Services and Records Division, Salvage Unit Office, 555 Wright Way, Carson City, Nevada 89711-0750.

3. If an applicant strictly complies with all the requirements of this section, the Department will issue a salvage title or nonrepairable vehicle certificate within 2 business days after all the materials are received by the Salvage Unit.

4. The Director interprets “days,” as that term is used in NRS 487.810, to mean business days.

(Added to NAC by Dep’t of Motor Veh. by R038-04, eff. 11-2-2004)

NAC 487.370 Transfer of ownership of salvage vehicle: Conditions requiring duplicate salvage title or nonrepairable vehicle certificate. (NRS 481.051) If a person transfers the ownership of a salvage vehicle by properly endorsing a salvage title or nonrepairable vehicle certificate, as a result of which all the spaces on the reverse side of the title or certificate are filled in or struck through, the new owner may not transfer ownership of the vehicle until after he obtains a duplicate salvage title or nonrepairable vehicle certificate.

(Added to NAC by Dep’t of Motor Veh. by R038-04, eff. 11-2-2004)

ADMINISTRATIVE FINES

NAC 487.900 Imposition and payment of fine; failure to pay fine. (NRS 481.051, 487.990)

1. Except as otherwise provided in subsection 2 or 3, if the Department imposes administrative fines pursuant to the provisions of NRS 487.990, it will impose such fines for violations occurring within the 3-year period immediately preceding the most recent offense according to the following schedule:

(a) For a first offense, a fine of not less than $100 and not more than $500.

(b) For a second offense, a fine of not less than $500 and not more than $1,000.

(d) For a fourth or subsequent offense, a fine of not less than $1,500 and not more than $2,500.

Ê For the purposes of paragraphs (b), (c) and (d), a cease and desist order issued by the Department shall be deemed to be a first offense.

2. The Department will impose an administrative fine pursuant to the provisions of NRS 487.990 of not less than $100 and not more than $500 for a first offense involving a violation of NRS 487.035 or 487.530 to 487.570, inclusive, which results in substantial harm to a consumer.

3. The Department may impose an administrative fine pursuant to the provisions of NRS 487.990 of not less than $1,500 and not more than $2,500 for any violation of NRS 487.050, 487.410, 487.560 or 487.610.

4. Any person who has been fined pursuant to the provisions of NRS 487.990 shall make payment to the Department not later than the date specified in the notice of the violation, unless he has requested a hearing pursuant to subsection 1 of that section.

5. Upon the failure of a person to pay a fine imposed pursuant to the provisions of this section when it becomes due, the Director may suspend, revoke or refuse to issue any license or registration obtained pursuant to the provisions of this chapter.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-23-92; A by Dep’t of Motor Veh. by R146-04, 10-14-2004; R038-04, 11-2-2004)—(Substituted in revision for NAC 487.200)