NRS: CHAPTER 490 - OFF-HIGHWAY VEHICLES

[Rev. 1/17/2009 7:03:51 PM]

CHAPTER 490 - OFF-HIGHWAY VEHICLES

GENERAL PROVISIONS

NRS 490.010 Definitions.

NRS 490.020 “Authorized dealer” defined.

NRS 490.030 “Department” defined.

NRS 490.040 “Highway” defined.

NRS 490.050 “Motor vehicle” defined.

NRS 490.060 “Off-highway vehicle” defined.

CERTIFICATES OF OPERATION

NRS 490.070 Authority of dealer to issue; form; duties of authorized dealer; authorized dealer not to receive compensation or charge or collect fee for services; regulations.

NRS 490.080 Prerequisite to operation of vehicle on highway; attachment to vehicle; replacement; transferability; exceptions.

RULES OF OPERATION

NRS 490.090 Operation on undesignated paved highways generally prohibited; exceptions; operation on public land, trails, ways or unpaved county roads authorized unless prohibited by governmental entity having jurisdiction; authority of governmental entities having jurisdiction to distribute information concerning prohibited areas and to erect signs designating prohibited areas.

NRS 490.100 Authority of city or county to designate portion of highway for vehicle use; approval of Department of Transportation regarding state highways; interstate highways excluded; supervision of certain minors; limitation on purpose of use.

NRS 490.110 Authorized and unauthorized operation on highway.

NRS 490.120 Required equipment for operation on highway.

NRS 490.130 Duties of operator when operating vehicle on highway.

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GENERAL PROVISIONS

NRS 490.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 490.020 to 490.060, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2005, 2025)

NRS 490.020 “Authorized dealer” defined. “Authorized dealer” means a dealer authorized by the Department to issue certificates of operation for off-highway vehicles pursuant to NRS 490.070.

(Added to NRS by 2005, 2025)

NRS 490.030 “Department” defined. “Department” means the Department of Taxation.

(Supplied in revision)

NRS 490.040 “Highway” defined. “Highway” has the meaning ascribed to it in NRS 482.045.

(Added to NRS by 2005, 2025)

NRS 490.050 “Motor vehicle” defined. “Motor vehicle” has the meaning ascribed to it in NRS 482.075.

(Added to NRS by 2005, 2025)

NRS 490.060 “Off-highway vehicle” defined.

1. “Off-highway vehicle” means a motor vehicle that is designed primarily for off-highway and all-terrain use. The term includes, but is not limited to:

(a) An all-terrain vehicle;

(b) An all-terrain motorcycle;

(d) A snowmobile; and

(e) Any motor vehicle used on public lands for the purpose of recreation.

2. The term does not include:

(a) A motor vehicle designed primarily for use in water;

(b) A motor vehicle that is registered by the Department of Motor Vehicles; or

(Added to NRS by 2005, 2025)

CERTIFICATES OF OPERATION

NRS 490.070 Authority of dealer to issue; form; duties of authorized dealer; authorized dealer not to receive compensation or charge or collect fee for services; regulations.

1. Upon the request of a dealer of off-highway vehicles, the Department may authorize the dealer to issue certificates of operation for off-highway vehicles pursuant to subsection 3.

2. Each certificate of operation for an off-highway vehicle issued by an authorized dealer must be in the form of a sticker approved by the Department.

3. An authorized dealer shall:

(a) Upon the sale of an off-highway vehicle, issue to the purchaser of the off-highway vehicle a certificate of operation for the off-highway vehicle;

(b) Upon request, issue a certificate of operation to a person who purchased the off-highway vehicle before January 1, 2006;

(c) Issue a certificate of operation to the owner of an off-highway vehicle that was purchased outside this State on or after January 1, 2006, if the owner:

(1) Requests the certificate of operation; and

(2) Pays or submits evidence satisfactory to the authorized dealer that he has paid all taxes applicable in this State to the purchase of the off-highway vehicle or submits an affidavit indicating that he purchased the vehicle through a private party sale and no tax is due relating to the purchase of the off-highway vehicle;

(d) Comply with the regulations adopted pursuant to subsection 6; and

(e) Bear any cost of equipment which is required to issue certificates of operation, including any computer software or hardware.

4. An authorized dealer is not entitled to receive compensation from the Department for the performance of those services.

5. An authorized dealer shall not charge or collect a fee for issuing a certificate of operation.

6. The Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, provisions for:

(a) The expedient and secure issuance of certificates of operation by the Department to authorized dealers; and

(b) The revocation of the authorization granted to a dealer pursuant to subsection 1 if the authorized dealer fails to comply with the regulations.

(Added to NRS by 2005, 2026)

NRS 490.080 Prerequisite to operation of vehicle on highway; attachment to vehicle; replacement; transferability; exceptions.

1. Except as otherwise provided in subsection 4, a person shall not operate an off-highway vehicle on a highway pursuant to NRS 490.090 to 490.130, inclusive, unless he has:

(a) Obtained a certificate of operation for the off-highway vehicle; and

(b) Attached the certificate to the off-highway vehicle in the manner specified by the Department.

2. If a certificate of operation for an off-highway vehicle is lost or destroyed, the owner of the off-highway vehicle may request a new certificate of operation from an authorized dealer.

3. If the owner of an off-highway vehicle sells or otherwise transfers ownership of the off-highway vehicle, the certificate of operation remains valid.

4. A certificate of operation is not required for an off-highway vehicle which:

(a) Is owned and operated by:

(1) A federal agency;

(2) An agency of this State; or

(3) A county, incorporated city or unincorporated town in this State;

(b) Is part of the inventory of a dealer of off-highway vehicles;

(d) Is used solely for husbandry on private land or on public land that is leased to the owner or operator of the off-highway vehicle; or

(e) Is used for work conducted by or at the direction of a public or private utility.

(Added to NRS by 2005, 2026)

RULES OF OPERATION

1. A person shall not, except as otherwise provided in subsection 2 or 3, operate an off-highway vehicle on a paved highway that is not otherwise designated for use by off-highway vehicles.

2. A person may operate an off-highway vehicle on a paved highway that is not otherwise designated for use by off-highway vehicles:

(a) If the off-highway vehicle is operated on the highway for the purpose of crossing the highway, comes to a complete stop before crossing and crosses as close as practicable to perpendicular to the direction of travel on the highway;

(b) If the off-highway vehicle is operated on the highway for the purpose of loading or unloading the off-highway vehicle onto or off of another vehicle or trailer, if the loading or unloading is as close as practicable to the place of operation of the off-highway vehicle;

(c) During an emergency if it is impossible or impracticable to use another vehicle or if a peace officer directs the operation of the off-highway vehicle; or

(d) If the off-highway vehicle is operated on a portion of a highway that is designated as a trail connector for a trail authorized for use by off-highway vehicles for not more than 2 miles.

3. A person may operate an off-highway vehicle on any public land, trail, way or unpaved county road unless prohibited by the governmental entity which has jurisdiction over the public land, trail, way or unpaved county road.

4. A governmental entity specified in subsection 3 may:

(a) Prepare and distribute upon request a map or other document setting forth each area of public land, trail, way or unpaved county road that is prohibited for the operation off-highway vehicles; and

(b) Erect and maintain signs designating each area of public land, trail, way or unpaved county road that is prohibited for the operation off-highway vehicles.

(Added to NRS by 2005, 2027)

1. Except as otherwise provided in subsection 2, a city or county may designate any portion of a highway within the city or county as permissible for the operation of off-highway vehicles for the purpose of allowing off-highway vehicles to reach a private or public area that is open for use by off-highway vehicles. If a city or county designates any portion a state highway as permissible for the operation of off-highway vehicles pursuant to this subsection, the city or county must obtain approval for the designation from the Department of Transportation. The Department of Transportation shall issue a timely decision concerning the request for approval and must not unreasonably deny the request.

2. The highway designated for operation of off-highway vehicles pursuant to subsection 1 may not consist of any portion of an interstate highway.

3. If a city or county designates a highway for the operation of off-highway vehicles, the city or county may adopt an ordinance requiring a person who is less than 16 years of age and who is operating the off-highway vehicle on a designated highway to be under the direct visual supervision of a person who is at least 18 years of age.

4. A person operating an off-highway vehicle on a highway designated for operation of off-highway vehicles pursuant to subsection 1 may not operate the off-highway vehicle on the highway for any purpose other than to travel to or from the private or public area as described in subsection 1.

(Added to NRS by 2005, 2027)

NRS 490.110 Authorized and unauthorized operation on highway.

1. Except as otherwise provided in subsection 2, if an off-highway vehicle meets the requirements of this chapter and the operator holds a valid driver’s license and operates the off-highway vehicle in accordance with the requirements of those sections, the off-highway vehicle may be operated on a highway in accordance with NRS 490.090 to 490.130, inclusive.

2. An off-highway vehicle may not be operated pursuant to this section:

(a) On an interstate highway;

(b) On a paved highway in this State for more than 2 miles; or

(c) Unless the highway is specifically designated for use by off-highway vehicles in a city whose population is 100,000 or more.

(Added to NRS by 2005, 2028)

NRS 490.120 Required equipment for operation on highway. In addition to the requirements set forth in NRS 490.070, a person shall not operate an off-highway vehicle on a highway pursuant to NRS 490.090 to 490.130, inclusive, unless the off-highway vehicle has:

1. At least one headlamp that illuminates objects at least 500 feet ahead of the vehicle;

2. At least one tail lamp that is visible from at least 500 feet behind the vehicle;

3. At least one red reflector on the rear of the vehicle, unless the tail lamp is red and reflective;

4. A stop lamp on the rear of the vehicle; and

5. A muffler which is in working order and which is in constant operation when the vehicle is running.

(Added to NRS by 2005, 2028)

NRS 490.130 Duties of operator when operating vehicle on highway. The operator of an off-highway vehicle that is being driven on a highway in this State in accordance with NRS 490.090 to 490.130, inclusive, shall:

1. Comply with all traffic laws of this State;

2. Ensure that the certificate of operation for the off-highway vehicle is attached to the vehicle in accordance with NRS 490.080; and

3. Wear a helmet.

(Added to NRS by 2005, 2028)