[Rev. 6/11/2014 10:31:17 AM]

 

This is a new chapter of NAC for which regulations have been adopted but have not been codified; you can view the following regulations for this chapter on the Nevada Register of Administrative Regulations: R065-12, R140-12, R141-12, R142-12, R028-13

[NAC-483 Revised Date: 6-14]

CHAPTER 483 - DRIVERSí LICENSES; DRIVING SCHOOLS AND DRIVING INSTRUCTORS

GENERAL PROVISIONS

483.010††††††††††† Definitions.

483.011††††††††††† ďAddress of principal residenceĒ defined.

483.012††††††††††† ďFull legal nameĒ defined.

483.013††††††††††† ďGood cause to believeĒ defined.

483.014††††††††††† ďIdentification cardĒ defined.

483.015††††††††††† ďLimited-term driverís licenseĒ defined.

483.016††††††††††† ďLimited-term identification cardĒ defined.

483.017††††††††††† ďSeasonal residentĒ defined.

483.020††††††††††† Information.

483.022††††††††††† Translation of documents: Approval of translator by Department; prohibited activities.

DRIVERSí LICENSES, IDENTIFICATION CARDS, INSTRUCTION PERMITS AND DRIVER AUTHORIZATION CARDS

General Provisions

483.030††††††††††† Designation of veteran status on license, card or permit.

Driversí Licenses and Identification Cards

483.040††††††††††† Contents; validity; prohibited technology.

483.043††††††††††† Expiration. [Effective through December 31, 2017.]

483.043††††††††††† Expiration. [Effective January 1, 2018.]

483.046††††††††††† Storage of information obtained by Department during application and issuance process.

483.050††††††††††† Documentation required for proof of full legal name and age of applicant; unacceptable documents.

483.055††††††††††† Documentation required for change of full legal name; appearance of new full legal name.

483.060††††††††††† Documentation required to correct social security number.

483.065††††††††††† Documentation required to correct date of birth.

483.070††††††††††† Documentation required for change of gender.

483.075††††††††††† Procedures for issuance of changed or corrected driverís license or identification card.

483.077††††††††††† Imprinting of indicator of certain medical conditions; designation of disability which limits or impairs ability to walk.

Instruction Permits and Driver Authorization Cards

483.078††††††††††† Applicability of certain regulations and laws relating to driversí licenses.

483.0783††††††††† Applicability of provisions of chapter that require social security number or full legal name.

483.0785††††††††† Documentation required for proof of residence of applicant.

483.0787††††††††† Documentation required for proof of name and age of applicant.

483.0789††††††††† Documentation required to correct date of birth on driver authorization card.

483.079††††††††††† ďVerified translationĒ interpreted; contents of statement of translator.

RENEWAL OF IDENTIFICATION CARDS BY MAIL

483.081††††††††††† Applicability of provisions.

483.082††††††††††† Notice of expiration of identification card.

483.0825††††††††† Application for renewal; action by Department.

483.0835††††††††† Verification of identity of applicant.

483.084††††††††††† Eligibility for renewal by mail. [Effective through December 31, 2017.]

483.084††††††††††† Eligibility for renewal by mail. [Effective January 1, 2018.]

483.085††††††††††† Denial of application and renewal in person.

483.086††††††††††† Renewed identification card: Failure to receive from Department.

483.087††††††††††† Renewed identification card: Period of validity; loss, theft or destruction; express delivery service.

CLASSIFICATION OF LICENSES AND CERTIFICATION OF DRIVING ABILITY

General Provisions

483.100††††††††††† ďHighwayĒ defined.

483.110††††††††††† Driversí licenses: Classifications; miscellaneous restrictions and endorsements.

483.120††††††††††† Exceptions for eye and written examinations.

Commercial Driversí Licenses: Certification at School for Training Drivers

483.121††††††††††† Definitions.

483.1212††††††††† ďDriving skills testĒ defined.

483.1214††††††††† ďSchool for training driversĒ defined.

483.1216††††††††† ďStudentĒ defined.

483.1218††††††††† ďThird-party certifierĒ 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 Driversí Licenses: Certification at Place of Employment

483.124††††††††††† Definitions.

483.1242††††††††† ďDriving skills testĒ defined.

483.1244††††††††† ďEmployerĒ defined.

483.1246††††††††† ďThird-party certifierĒ 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 Driversí Licenses

483.185††††††††††† ďThird-party certifierĒ 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.

RESTRICTED LICENSES

Licenses Issued During Period of Suspension or Revocation of Driversí 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 driverís 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.

483.269††††††††††† 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††††††††††† ďCarrier lensĒ defined.

483.290††††††††††† ďField of visionĒ defined.

483.295††††††††††† ďTelescopic deviceĒ defined.

483.298††††††††††† ďWink mirrorĒ defined.

483.300††††††††††† Sources of information regarding disabilities.

483.310††††††††††† Examination of applicant or licensee.

483.320††††††††††† 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.

483.370††††††††††† Denial of license: Physical or mental conditions.

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

483.423††††††††††† Applicability of provisions.

483.425††††††††††† Determination and notification of eligibility.

483.430††††††††††† Eligibility. [Effective through December 31, 2017.]

483.430††††††††††† Eligibility. [Effective January 1, 2018.]

483.435††††††††††† Application for renewal.

483.440††††††††††† Denial of application and renewal in person; exemption from certain examinations.

483.445††††††††††† Renewed driverís license: Issuance; express delivery service.

483.451††††††††††† Renewed driverís license: Failure to receive from Department.

483.455††††††††††† Renewed driverís license: Period of validity; loss, theft or destruction.

Persons Temporarily Residing Outside of State

483.456††††††††††† Applicability of provisions.

483.4565††††††††† Application for renewal; action by Department.

483.457††††††††††† Verification of identity of applicant.

483.4575††††††††† Determination of eligibility.

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††††††††††† ďWithdrawnĒ defined.

483.4615††††††††† Interpretation of certain statutory terms.

483.462††††††††††† Submission to Department of certain records of conviction: Method of submission; contents of record.

483.463††††††††††† Notification of Department when certain drivers are released from imprisonment or placed on parole or residential confinement; resumption and setting aside of period of revocation.

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 minorís 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.

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††††††††††† ďBehind-the-wheel trainingĒ defined.

483.7125††††††††† ďBranch locationĒ defined.

483.713††††††††††† ďCentral RepositoryĒ defined.

483.714††††††††††† ďClassroom instructionĒ defined.

483.7143††††††††† ďClassroom instruction to a person who is under 18 years of ageĒ defined.

483.7146††††††††† ďCommunications technologyĒ defined.

483.715††††††††††† ďCourseĒ defined.

483.720††††††††††† ďEstablished place of businessĒ defined.

483.725††††††††††† ďInstructorĒ defined.

483.727††††††††††† ďInstructor traineeĒ defined.

483.730††††††††††† ďOperatorĒ defined.

483.733††††††††††† ďSchool for driversĒ defined.

483.735††††††††††† ďSchool for training driversĒ defined.

483.740††††††††††† ďStudentĒ defined.

Licensing of Operators and Instructors

483.745††††††††††† Required licensing; transferability of license.

483.747††††††††††† Application and fee for license; request for duplicate license.

483.748††††††††††† Application for license as operator: Federal identification number and electronic mail address.

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 driverís license is suspended or revoked.

483.7651††††††††† Administrative fines: Imposition and amount; date due; failure to pay.

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 DRIVERSí LICENSES

483.799††††††††††† Definitions.

483.7992††††††††† ďCommercial motor vehicleĒ defined.

483.7993††††††††† ďExcepted interstate commerceĒ defined.

483.7994††††††††† ďExcepted intrastate commerceĒ defined.

483.7995††††††††† ďMedical examinerís certificateĒ defined.

483.7996††††††††† ďNonexcepted interstate commerceĒ defined.

483.7997††††††††† ďNonexcepted intrastate commerceĒ defined.

483.800††††††††††† Federal regulations: Adoption by reference of certain provisions; compliance required.

483.801††††††††††† Medical examinerís certificate: Generally; exception.

483.8012††††††††† Medical examinerís certificate: Medical examination required; variance or waiver; exception.

483.8013††††††††† Medical examinerís certificate: Notice by Department before expiration.

483.8014††††††††† Medical examinerís certificate: Failure to comply.

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 of license.

483.825††††††††††† Denial of license.

483.830††††††††††† Assignment of number to license.

483.832††††††††††† Expiration and renewal of license. [Effective July 8, 2014, through July 7, 2018.]

483.832††††††††††† Expiration and renewal of license. [Effective July 8, 2018.]

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.

483.8495††††††††† Penalties for certain violations.

483.850††††††††††† Exemptions from requirements.

FEES

483.900††††††††††† Additional fees to cover cost of production of photographs for driversí licenses and identification cards.

 

 

GENERAL PROVISIONS

††††† NAC 483.010  Definitions. (NRS 481.051)  As used in this chapter, unless the context otherwise requires, the words and terms defined in subsection 2 of NRS 481.015, NRS 483.030 to 483.190, inclusive, and NAC 483.011 to 483.017, inclusive, have the meanings ascribed to them in those sections.

†††† [Depít of Motor Veh., Demerit Points Reg. ß I + License for Disabled Persons Reg. ß I + Restricted License Reg. ß I + Suspension of Licenses Reg. ß I + Traffic Safety School Reg. ß I, eff. 4-29-82]ó(NAC A 9-5-84; 8-1-91; R159-01, 5-28-2002; R157-01, 8-27-2002; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.011  ďAddress of principal residenceĒ defined. (NRS 481.051, 481.052)  ďAddress of principal residenceĒ has the meaning ascribed to it in NAC 481.003.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.012  ďFull legal nameĒ defined. (NRS 481.051, 481.052)  ďFull legal nameĒ has the meaning ascribed to it in NAC 481.003.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.013  ďGood cause to believeĒ defined. (NRS 481.051)  ďGood cause to believeĒ means there are facts sufficient to warrant the belief by a reasonable person that the matter in question is true.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.014  ďIdentification cardĒ defined. (NRS 481.051)  ďIdentification cardĒ means an identification card issued by the Department pursuant to this chapter and NRS 483.810 to 483.890, inclusive.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.015  ďLimited-term driverís licenseĒ defined. (NRS 481.051)  ďLimited-term driverís licenseĒ means a driverís license issued pursuant to paragraph (b) of subsection 7 of NRS 483.290.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.016  ďLimited-term identification cardĒ defined. (NRS 481.051)  ďLimited-term identification cardĒ means an identification card issued pursuant to subsection 4 of NRS 483.875.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.017  ďSeasonal residentĒ defined. (NRS 481.051, 481.052)  ďSeasonal residentĒ has the meaning ascribed to it in NAC 481.005.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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.

†††† [Depít of Motor Veh., Classification of Licenses Reg. ß VI + Demerit Points Reg. ß VI + License for Disabled Persons Reg. ß XIII + Restricted License Reg. ß IX + Suspension of Licenses Reg. ß V + Traffic Safety School Reg. ß IX, eff. 4-29-82]

††††† NAC 483.022  Translation of documents: Approval of translator by Department; prohibited activities. (NRS 481.051, 483.220)

†††† 1.  All documents submitted to the Department that are translated from a language other than English must be translated by a translator who is approved by the Department pursuant to subsection 2.

†††† 2.  The Department will approve a natural person as a translator and issue a distinguishing number to the natural person if he or she has submitted an application provided by the Department which affirms his or her previous translation experience in the language of the applicable document with a company, school, religious organization or governmental agency.

†††† 3.  A translator who is approved by the Department pursuant to subsection 2 must not provide translation services for documents submitted to the Department for members of the translatorís family, including, without limitation, those members of the translatorís family to whom the translator is related by blood or marriage.

†††† (Added to NAC by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 1-1-2014)

DRIVERSí LICENSES, IDENTIFICATION CARDS, INSTRUCTION PERMITS AND DRIVER AUTHORIZATION CARDS

General Provisions

††††† NAC 483.030  Designation of veteran status on license, card or permit. (NRS 481.051, 483.220)  The Department will place a designation that the person is a veteran on the personís instruction permit, driverís license, driver authorization card or commercial driverís license if, pursuant to NRS 483.2925, the person:

†††† 1.  Applies for such a designation; and

†††† 2.  Satisfies the requirements of subsection 3 of NRS 483.292.

†††† (Added to NAC by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 1-1-2014)

Driversí Licenses and Identification Cards

††††† NAC 483.040  Contents; validity; prohibited technology. (NRS 481.051, 483.340, 483.840)

†††† 1.  Each driverís license, motorcycle driverís license or identification card issued by the Department must contain:

†††† (a) The full legal name of the licensee or holder of the identification card.

†††† (b) The date of birth of the licensee or holder of the identification card.

†††† (c) The gender of the licensee or holder of the identification card.

†††† (d) A unique license or identification card number assigned to the licensee or holder of the identification card.

†††† (e) A digital photograph of the full face of the licensee or holder of the identification card. The digital photograph of the licensee or holder must, in accordance with 6 C.F.R. ß 37.17(e)(1), meet the following standards:

††††††††† (1) Lighting must be equally distributed across the face of the licensee or holder.

††††††††† (2) The face of the licensee or holder must be clearly visible and free of shadows from the crown to the base of the chin and from one ear to the other.

††††††††† (3) Any veil, scarf or headdress worn by the licensee or holder must not obscure any facial feature and must not generate any shadow.

††††††††† (4) Any eyewear worn by the licensee or holder must not obstruct the iris or pupil of the eye. The iris and pupil of the eye must be clearly visible.

†††† (f) Except as otherwise provided in 6 C.F.R. ß 37.17(f), the address of principal residence of the licensee or holder of the identification card.

†††† (g) A physical description of the licensee or holder of the identification card, including the height, weight, hair color and eye color of the licensee or holder.

†††† (h) The usual signature of the licensee or holder of the identification card.

†††† (i) The date on which the driverís license, motorcycle driverís license or identification card is issued.

†††† (j) The expiration date of the driverís license, motorcycle driverís license or identification card.

†††† (k) A reference to this State as the state in which the driverís license, motorcycle driverís license or identification card is issued.

†††† (l) If the driverís license, motorcycle driverís license or identification card is issued in accordance with 6 C.F.R. Part 37, Subparts A to E, inclusive, a security marking approved by the United States Department of Homeland Security in accordance with 6 C.F.R. ß 37.17.

†††† (m) If applicable, the language and markings required pursuant to subsection 5 of NRS 483.291.

†††† 2.  A driverís license, motorcycle driverís license or identification card is not valid if it does not contain the signature of the licensee or holder of the identification card or if the Department invalidates any part of the driverís license, motorcycle driverís license or identification card.

†††† 3.  The Department will not place in any driverís license, motorcycle driverís license or identification card a radio frequency identification chip, geospatial technology or any other related technology.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013; A by R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.043  Expiration. [Effective through December 31, 2017.] (NRS 481.051, 483.220, 483.380, 483.870, 483.875)

†††† 1.  Except as otherwise provided in subsection 3, NRS 483.283, 483.291 or 483.861 or NAC 483.832, and except for a limited-term driverís license or limited-term identification card, every driverís license, motorcycle driverís license or identification card:

†††† (a) Expires on the eighth anniversary of the birthday of the licensee or holder of the identification card measured, in the case of an original issuance of a driverís license, motorcycle driverís license or identification card, from the birthday of the licensee or holder nearest the date of issuance;

†††† (b) Issued to a licensee or holder of an identification card whose date of birth fell in an odd-numbered year expires on the fourth anniversary of the birthday of the licensee or holder of the identification card measured, in the case of a renewal of a driverís license, motorcycle driverís license or identification card or a renewal of an expired driverís license, motorcycle driverís license or identification card, from the birthday of the licensee or holder nearest the date of renewal; and

†††† (c) Issued to a licensee or holder of an identification card whose date of birth fell in an even-numbered year expires on the eighth anniversary of the birthday of the licensee or holder of the identification card measured, in the case of a renewal of a driverís license, motorcycle driverís license or identification card or a renewal of an expired driverís license, motorcycle driverís license or identification card, from the birthday of the licensee or holder nearest the date of renewal.

†††† 2.  Except as otherwise provided in NAC 483.084 and 483.4575, a licensee or holder of the identification card whose driverís license, motorcycle driverís license or identification card expires on the eighth anniversary of the birthday of the licensee or holder of the identification card must renew his or her driverís license, motorcycle driverís license or identification card in person at an office of the Department.

†††† 3.  A driverís license, motorcycle driverís license or identification card issued to a licensee or holder of an identification card who is 65 years of age or older on the date of issuance or renewal expires on the fourth anniversary of the birthday of the licensee or holder of the identification card measured, in the case of an original issuance, a renewal of a driverís license, motorcycle driverís license or identification card or a renewal of an expired driverís license, motorcycle driverís license or identification card, from the birthday of the licensee or holder nearest the date of issuance or renewal.

†††† 4.  For the purposes of this chapter, any applicant, licensee or holder of an identification card whose date of birth was on February 29 in a leap year shall be deemed to have a birthdate of February 28.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013; A by R028-13, 10-23-2013, eff. 1-1-2014)

REVISERíS NOTE.

††††† The regulation of the Director of the Department of Motor Vehicles filed with the Secretary of State on October 23, 2013 (LCB File No. R028-13), the source of this section, contains the following provision not included in NAC:

††††† ďSec. 26.  1.  Section 24 of this regulation [NAC 483.043] applies to the issuance and renewal of a driverís license, motorcycle driverís license or identification card that occurs on or after the effective date of that section [January 1, 2014], as determined pursuant to subsection 2 of section 28 of this regulation, and before January 1, 2018.

††††† 2.  Section 25 of this regulation [NAC 483.043] applies to the issuance and renewal of a driverís license, motorcycle driverís license or identification card that occurs on or after January 1, 2018.Ē

 

††††† NAC 483.043  Expiration. [Effective January 1, 2018.] (NRS 481.051, 483.220, 483.380, 483.870, 483.875)

†††† 1.  Except as otherwise provided in subsection 3, NRS 483.283, 483.291 or 483.861 or NAC 483.832, and except for a limited-term driverís license or limited-term identification card, every driverís license, motorcycle driverís license or identification card expires on the eighth anniversary of the birthday of the licensee or holder of the identification card measured, in the case of an original issuance, a renewal of a driverís license, motorcycle driverís license or identification card or a renewal of an expired driverís license, motorcycle driverís license or identification card, from the birthday of the licensee or holder nearest the date of issuance or renewal.

†††† 2.  Except as otherwise provided in NAC 483.084 and 483.4575, a licensee or holder of the identification card whose driverís license, motorcycle driverís license or identification card expires on the eighth anniversary of the birthday of the licensee or holder of the identification card must renew his or her driverís license, motorcycle driverís license or identification card in person at an office of the Department.

†††† 3.  A driverís license, motorcycle driverís license or identification card issued to a licensee or holder of an identification card who is 65 years of age or older on the date of issuance or renewal expires on the fourth anniversary of the birthday of the licensee or holder of the identification card measured, in the case of an original issuance, a renewal of a driverís license, motorcycle driverís license or identification card or a renewal of an expired driverís license, motorcycle driverís license or identification card, from the birthday of the licensee or holder nearest the date of issuance or renewal.

†††† 4.  For the purposes of this chapter, any applicant, licensee or holder of an identification card whose date of birth was on February 29 in a leap year shall be deemed to have a birthdate of February 28.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013; A by R028-13, 10-23-2013, eff. 1-1-2014; R028-13, 10-23-2013, eff. 1-1-2018)

††††† NAC 483.046  Storage of information obtained by Department during application and issuance process. (NRS 481.051, 483.220)  Any information obtained by the Department during the application and issuance process for a driverís license, motorcycle driverís license or identification card will be stored on an electronic system maintained by the Department in a manner that prevents unauthorized use of the information and ensures the security and confidentiality of personally identifiable information.

†††† (Added to NAC by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.050  Documentation required for proof of full legal name and age of applicant; unacceptable documents. (NRS 481.051, 483.220, 483.290, 483.860, 486.081)

†††† 1.  Except as otherwise provided in subsections 2 and 3, an applicant for a driverís license, motorcycle driverís license or identification card must present at least one of the following documents as proof of the applicantís full legal name and age as required pursuant to NRS 483.290, 483.860 or 486.081:

†††† (a) A valid, unexpired United States passport or United States passport card;

†††† (b) A certified copy of a birth certificate issued by a state or local office of public health, vital records or vital statistics or an equivalent office in the state of the United States, the District of Columbia or the territory of the United States in which the applicant was born;

†††† (c) A Consular Report of Birth Abroad issued by the United States Department of State;

†††† (d) An unexpired Permanent Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

†††† (e) A Certificate of Naturalization issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

†††† (f) A Certificate of Citizenship issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

†††† (g) An unexpired employment authorization document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

†††† (h) An unexpired Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

†††† (i) An Alien Registration Receipt Card that is issued using Form I-551 by the United States Citizenship and Immigration Services of the Department of Homeland Security;

†††† (j) A Permit to Reenter the United States issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

†††† (k) A Refugee Travel Document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

†††† (l) An unexpired foreign passport with a valid, unexpired United States visa which has affixed to it an unexpired arrival and departure record using Form I-94; or

†††† (m) A driverís license, motorcycle driverís license or identification card from another state which is issued pursuant to the standards established by 6 C.F.R. Part 37, Subparts A to E, inclusive, and which contains a security mark approved by the United States Department of Homeland Security in accordance with 6 C.F.R. ß 37.17.

†††† 2.  An applicant for a driverís license or identification card may, pursuant to NRS 483.290 or 483.860, furnish a photo identification card issued by the Department of Corrections as proof of his or her full legal name and age if the applicant also presents to the Department of Motor Vehicles the documentation that the Department of Corrections used to prove the applicantís name and age for the purpose of issuing the photo identification card.

†††† 3.  An applicant for a driverís license, motorcycle driverís license or identification card may request permission from the Department to prove his or her full legal name and age using alternative documents. The Department may grant such permission if the applicant proves that, for reasons beyond the applicantís control, the applicant is unable to present the documents required pursuant to subsection 1. The Department will make reasonable efforts to establish the authenticity of the alternative documents provided by the applicant and, if permission is granted to the applicant, indicate in the applicantís record that such permission was granted.

†††† 4.  The forms of identification that are unacceptable to the Department as proof of the full legal name and age of an applicant for a driverís license, motorcycle driverís 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 hospital or foreign government;

†††† (c) A Border Crossing Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security; and

†††† (d) A driverís license, motorcycle driverís license or identification card issued by another state, the District of Columbia or any territory of the United States that does not comply with the requirements of 6 C.F.R. Part 37, Subparts A to E, inclusive.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000; A by Depít of Motor Veh. by R112-03, 10-30-2003; R108-05, 10-31-2005; R140-12, 12-20-2012, eff. 1-15-2013; R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.055  Documentation required for change of full legal name; appearance of new full legal 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 full legal name indicated on his or her driverís license, motorcycle driverís license or identification card must submit proof satisfactory to the Department that his or her full legal name was legally changed. The proof may include, without limitation, one of the following documents if that document reflects the change of the personís full legal 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:

†††† (a) A certificate of marriage;

†††† (b) A certificate of domestic partnership issued by the Secretary of State of this State or any authorized agency of another state;

†††† (c) An order of a court changing the name of the person;

†††† (d) A decree of adoption;

†††† (e) A divorce decree; or

†††† (f) Any other document that the Department determines is acceptable as proof of the change of the personís full legal name.

†††† 2.  Except as otherwise provided in subsection 3, the Department shall indicate the full legal name of the person requesting the change of his or her full legal name on a new driverís license, motorcycle driverís license or identification card in a manner that is identical to the manner in which the full legal name appears on the document submitted by the person as proof of the change of the personís full legal name.

†††† 3.  Upon request, the Department shall indicate the full legal name of the person requesting the change of his or her full legal name on a driverís license, motorcycle driverís license or identification card in a manner that combines the maiden name and the married name of the person as a hyphenated last name.

†††† 4.  The maiden name of a person may not be used as a middle name on a driverís license, motorcycle driverís license or identification card unless documented by an original or certified copy of any document of proof of the change of the personís full legal name listed in subsection 1.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.060  Documentation required to correct social security number. (NRS 481.051, 483.220)

†††† 1.  A person who wishes to correct the social security number provided on the application for his or her driverís license, motorcycle driverís license or identification card must submit proof satisfactory to the Department that the social security number indicated on his or her driverís license, motorcycle driverís license or identification card is incorrect. The proof may include, without limitation, any of the documents listed in subsection 2.

†††† 2.  An applicant for a driverís license, motorcycle driverís license or identification card must present at least one of the following documents as proof of the applicantís social security number as required pursuant to NRS 483.290, 483.860 or 486.081:

†††† (a) A social security card;

†††† (b) A Form W-2;

†††† (c) A Social Security Form SSA-1099 benefits statement;

†††† (d) A Form 1099; or

†††† (e) A record of payment from an employer that contains the full legal name and social security number of the applicant.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.065  Documentation required to correct date of birth. (NRS 481.051, 483.220)  A person who wishes to correct the date of birth indicated on his or her driverís license, motorcycle driverís license or identification card must submit proof satisfactory to the Department that the date of birth indicated on his or her driverís license, motorcycle driverís license or identification card is incorrect. The proof may include, without limitation, any document listed in NAC 483.050 as acceptable proof of the full legal name and age of an applicant for a driverís license, motorcycle driverís license or identification card.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 or her driverís license, motorcycle driverís license or identification card must submit proof satisfactory to the Department that the person is living full-time as a person of the identified gender and undergoing treatment to continue to live as a person of that gender. The proof must be prepared by a physician or an osteopathic physician, on a form provided by the Department, indicating that the person is living full-time as a person of the identified gender and undergoing treatment to continue to live as a person of that gender.

†††† 2.  If a person requests that the Department change the full legal name and the gender indicated on his or her driverís license, motorcycle driverís license or identification card, the person must submit proof that his or her full legal name was legally changed as prescribed in NAC 483.055 in addition to the documentation set forth in subsection 1.

†††† 3.  As used in this section:

†††† (a) ďOsteopathic physicianĒ 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) ďPhysicianĒ 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 Depít of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.075  Procedures for issuance of changed or corrected driverís license or identification card. (NRS 481.051, 483.220)  If a person requests that the Department change or correct any information on his or her driverís license, motorcycle driverís license or identification card pursuant to NAC 483.050 to 483.070, inclusive, the Department shall:

†††† 1.  Require the person requesting the change or correction to surrender his or her current driverís license, motorcycle driverís license or identification card;

†††† 2.  Charge and collect the appropriate fee as set forth in NRS 483.410, 483.820 or 483.910 and NAC 483.900; and

†††† 3.  Issue a new driverís license, motorcycle driverís license or identification card to the person.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R063-00, eff. 8-14-2000; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.077  Imprinting of indicator of certain medical conditions; designation of disability which limits or impairs ability to walk. (NRS 481.051, 483.220, 483.3485, 483.349, 483.863, 483.865)

†††† 1.  Upon application for a driverís license or identification card, an applicant may, if eligible, request that an indicator of a medical condition listed in subsection 2 be imprinted on his or her driverís license or identification card.

†††† 2.  The indicator of a medical condition in subsection 1 must conform with the International Classification of Diseases, Ninth Revision, Clinical Modification (ICD-9), or the most recent revision, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services. The following ICD-9 codes may be used on a driverís license or identification card:

†††† (a) Code 250.3, indicating a person with diabetes with other coma;

†††† (b) Code 345.9, indicating a person with epilepsy;

†††† (c) Code 369.00, indicating a person with blindness and low vision;

†††† (d) Code 389.10, indicating a person with deafness;

†††† (e) Code 414.0, indicating a person with coronary atherosclerosis;

†††† (f) Code 496.0, indicating a person with chronic airway obstruction;

†††† (g) Code E934.2, indicating a person on anticoagulants;

†††† (h) Code 995.60, indicating a person with a food allergy; or

†††† (i) Code 995.86, indicating a person with malignant hyperthermia.

†††† 3.  To be eligible to have a medical indicator listed in subsection 2 placed on his or her driverís license or identification card, an applicant, at the time of submitting his or her application for a driverís license or identification card and at the time for each renewal of the driverís license or identification card, must present, in person and on a form provided by the Department, written documentation prepared by a licensed physician indicating that the applicant has been diagnosed with a condition listed in subsection 2. The form must be signed and dated within the immediately preceding 30 days, and include all requested information.

†††† 4.  In addition to the conditions listed in subsection 2, an applicant may request a designation on his or her driverís license or identification card that he or she is a person with a disability which limits or impairs the ability to walk.

†††† (Added to NAC by Depít of Motor Veh. by R107-08, 9-29-2008, eff. 10-1-2008)

Instruction Permits and Driver Authorization Cards

††††† NAC 483.078  Applicability of certain regulations and laws relating to driversí licenses. (NRS 481.051, 483.220, 483.291)  Except as otherwise provided in NAC 483.0785, 483.0787, 483.0789, 483.273, 483.320 and 483.490, any provision of title 43 of NRS or any regulations adopted pursuant thereto that apply to driversí licenses shall be deemed to apply to an instruction permit and a driver authorization card obtained in accordance with NRS 483.291.

†††† (Added to NAC by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.0783  Applicability of provisions of chapter that require social security number or full legal name. (NRS 481.051, 483.220, 483.291)

†††† 1.  Any provision of this chapter that requires a social security number shall be deemed not to require a social security number for an applicant for or a holder of an instruction permit or a driver authorization card obtained in accordance with NRS 483.291.

†††† 2.  Any provision of this chapter that requires the full legal name of the applicant for or a holder of an instruction permit or a driver authorization card obtained in accordance with NRS 483.291 shall be deemed to require the name of the applicant for or holder of the instruction permit or driver authorization card as shown in the documents presented pursuant to subsection 2 of NRS 483.291.

†††† (Added to NAC by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.0785  Documentation required for proof of residence of applicant. (NRS 481.051, 483.220, 483.291)

†††† 1.  Except as otherwise provided in subsections 2 and 3, an applicant for an instruction permit or for a driver authorization card pursuant to NRS 483.291 must prove the applicantís residence in this State by displaying an original or certified copy of any two of the following documents:

†††† (a) A receipt from the rent or lease of a residence located in this State;

†††† (b) A lease of a residence located in this State on which the applicant appears as the lessee during a lease term which includes the previous 60 days;

†††† (c) A record from a public utility for a service address located in this State which is dated within the previous 60 days;

†††† (d) A bank or credit card statement indicating a residential address located in this State which is dated within the previous 60 days;

†††† (e) A stub from an employment check indicating a residential address located in this State;

†††† (f) A document from a state or federal court indicating a residential address located in this State which is dated within the previous 60 days;

†††† (g) A document issued by an insurance company or its agent, including, without limitation, an insurance card, binder or bill, indicating a residential address located in this State;

†††† (h) A record, receipt or bill from a medical provider indicating a residential address located in this State;

†††† (i) Tax records for the most recent tax year, other than the records described in paragraph (k), indicating a residential address located in this State;

†††† (j) A statement or bill requesting payment, other than a bill from a medical provider, indicating a residential address located in this State which is dated within the previous 60 days;

†††† (k) A record of property taxes assessed or paid for the most recent tax year for a residence located in this State;

†††† (l) A deed of trust or other documentation of a current mortgage for a residence located in this State;

†††† (m) A record from an educational institution in this State which establishes that the applicant is currently enrolled in the educational institution or an identification card issued by the educational institution which is dated within the previous 60 days;

†††† (n) A receipt from a hotel, motel, recreational vehicle park or campground located in this State indicating not fewer than 30 days of consecutive residency in this State which is dated within the previous 60 days;

†††† (o) A voter registration card issued to the applicant pursuant to NRS 293.517 within the previous 60 days;

†††† (p) Documentation of receipt of benefits from this State under any state program of public assistance which is dated within the previous 60 days;

†††† (q) A Leave and Earnings Statement, or an equivalent or successor form, indicating residency in this State, of an applicant who is a member of the military and who is deployed outside of this State while serving on active duty which is dated within the previous 60 days;

†††† (r) A notarized statement from the owner of a residence located in this State indicating that the applicant physically resides at the residence which is dated within the previous 60 days;

†††† (s) Documentation indicating that the applicant is a person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive; or

†††† (t) A form approved by the Department as proof of the applicantís residence in this State.

†††† 2.  If an applicant is under the age of 18 years, the applicantís parent or legal guardian may prove the applicantís residence in this State by:

†††† (a) Displaying an original or certified copy of any two of the documents listed in subsection 1 or authorized pursuant to subsection 3 which prove the parent or legal guardianís residence in this State; and

†††† (b) Signing a form approved by the Department verifying that the applicant resides at the same residence as the parent or legal guardian.

†††† 3.  An applicant may request permission from the Department to prove his or her residence in this State using alternative documents. The Department may grant such permission if the applicant proves that, for reasons beyond the applicantís control, the applicant is unable to present the documents required pursuant to subsection 1. The Department will make reasonable efforts to establish the authenticity of the alternative documents provided by the applicant and, if permission is granted to the applicant, indicate in the applicantís record that such permission was granted.

†††† 4.  As used in this section, ďmilitaryĒ means the Armed Forces of the United States, a reserve component thereof or the National Guard.

†††† (Added to NAC by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.0787  Documentation required for proof of name and age of applicant. (NRS 481.051, 483.220, 483.291)

†††† 1.  Except as otherwise provided in subsections 2 and 3, an applicant for an instruction permit or for a driver authorization card pursuant to NRS 483.291, must present as proof of the applicantís name and age, an original or certified copy of:

†††† (a) Any one of the following documents:

††††††††† (1) A birth certificate issued by a state, a political subdivision of a state, the District of Columbia or any territory of the United States;

††††††††† (2) A driverís license, motorcycle driverís license or identification card issued by another state, the District of Columbia or any territory of the United States which is issued pursuant to the standards established by 6 C.F.R. Part 37, Subparts A to E, inclusive, and which contains a security mark approved by the United States Department of Homeland Security in accordance with 6 C.F.R. ß 37.17;

††††††††† (3) A passport or passport card issued by the United States Government;

††††††††† (4) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States;

††††††††† (5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;

††††††††† (6) A Certificate of Degree of Indian Blood issued by the United States Government;

††††††††† (7) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card, Temporary Resident Card, Permit to Reenter the United States, Refugee Travel Document or an employment authorization document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

††††††††† (8) A Consular Report of Birth Abroad issued by the Department of State; or

††††††††† (9) An Alien Registration Receipt Card that is issued using Form I-551 by the United States Citizenship and Immigration Services of the Department of Homeland Security; or

†††† (b) Any two of the following documents:

†††† †††† (1) A driverís license, motorcycle driverís license or identification card issued by another state, the District of Columbia or any territory of the United States other than such a driverís license, motorcycle driverís license or identification card described in subparagraph (2) of paragraph (a);

††††††††† (2) A passport issued by a foreign government;

††††††††† (3) A birth certificate issued by a foreign government; or

††††††††† (4) A consular identification card issued by the Government of Mexico or a document issued by another government that the Department determines is substantially similar.

†††† 2.  Any document presented pursuant to subsection 1 must be valid and unexpired.

†††† 3.  An applicant may request permission from the Department to prove his or her name and age using alternative documents. The Department may grant such permission if the applicant proves that, for reasons beyond the applicantís control, the applicant is unable to present the documents required pursuant to subsection 1. The Department will make reasonable efforts to establish the authenticity of the alternative documents provided by the applicant and, if permission is granted to the applicant, indicate in the applicantís record that such permission was granted.

†††† 4.  The forms of identification that are unacceptable to the Department as proof of the name and age of an applicant for an instruction permit or a driver authorization card pursuant to this section include, without limitation:

†††† (a) A birth certificate issued by a hospital; and

†††† (b) A Border Crossing Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

†††† (Added to NAC by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.0789  Documentation required to correct date of birth on driver authorization card. (NRS 481.051, 483.220, 483.291)  A person who wishes to correct the date of birth indicated on his or her driver authorization card must submit proof satisfactory to the Department that the date of birth indicated on his or her driver authorization card is incorrect. The proof may include, without limitation, any document, or two documents, as appropriate, listed in NAC 483.0787 as acceptable proof of the name and age of an applicant for a driver authorization card.

†††† (Added to NAC by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.079  ďVerified translationĒ interpreted; contents of statement of translator. (NRS 481.051, 483.220, 483.291)

†††† 1.  As used in subsection 2 of NRS 483.291, the Director will interpret ďverified translationĒ to mean a full and complete translation of a document that is electronically printed or typed and accompanied by an electronically printed or typed statement which is signed by the translator.

†††† 2.  The statement required by subsection 1 must contain the following information in substantially the following form:

 

†††† I, [insert translatorís full legal name], certify that the foregoing is a complete and accurate translation from [insert foreign language] to the English language to the best of my ability. I further certify that I am fully competent to translate from [insert foreign language] into the English language and that I am proficient in both languages.

 

The approved translator number issued to me by the Department of Motor Vehicles is: ___________.

 

†††† 3.  For the purposes of the documentation required by subsection 2 of NRS 483.291, the Director will consider the original document and the verified translation of that document as one document.

†††† 4.  As used in this section, ďfull and complete translationĒ does not include an abstract of the document translated.

†††† (Added to NAC by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 1-1-2014)

RENEWAL OF IDENTIFICATION CARDS BY MAIL

††††† NAC 483.081  Applicability of provisions. (NRS 481.051, 483.875)  The provisions of NAC 483.081 to 483.087, inclusive, apply to a person who is applying to renew his or her identification card by mail.

†††† (Added to NAC by Depít of Motor Veh. by R113-03, eff. 10-30-2003; A by R107-08, 9-29-2008, eff. 10-1-2008)

††††† 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 the 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 or her identification card by mail; and

†††† (b) An application for the renewal of the 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 Depít of Motor Veh. by R113-03, eff. 10-30-2003)

††††† NAC 483.0825  Application for renewal; action by Department. (NRS 481.051, 483.220, 483.875)

†††† 1.  A person who is determined pursuant to NAC 483.084 to be eligible may apply for the renewal of his or her identification card by mail by submitting to the Department an application provided by the Department. The application must include the applicantís:

†††† (a) Except as otherwise provided in this paragraph, mailing address and address of principal 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 or she is not required to comply with this paragraph, but the applicant must submit an employment or military record which indicates that this State is the state of his or her residence.

†††† (b) Mailing address outside the State.

†††† (c) Physical description, including, without limitation, the applicantís height and weight and the color of his or her hair and eyes.

†††† (d) Motherís maiden name.

†††† (e) Signature.

†††† 2.  Each application must be accompanied by the fees required by NRS 483.820 and NAC 483.900.

†††† 3.  Each application 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.

†††† 4.  Each applicant may register to vote or correct any information relating to the applicant set forth in the registrar of votersí register.

†††† 5.  The Department will, within 30 business days after receiving the application:

†††† (a) Mail a new identification card to the applicant;

†††† (b) Request additional information from the applicant; or

†††† (c) Deny the application.

†††† (Added to NAC by Depít of Motor Veh. by R113-03, eff. 10-30-2003; A by R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013)ó(Substituted in revision for NAC 483.091)

††††† NAC 483.0835  Verification of identity of applicant. (NRS 481.051, 483.875)

†††† 1.  The Department may verify the identity of each person who applies for the renewal of his or her identification card by mail by comparing the applicantís signature on his or her application or letter of request with the signature on the applicantís 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 Depít of Motor Veh. by R113-03, eff. 10-30-2003)ó(Substituted in revision for NAC 483.092)

††††† NAC 483.084  Eligibility for renewal by mail. [Effective through December 31, 2017.] (NRS 481.051, 483.220, 483.875)

†††† 1.  The Department will, by mail, issue a renewed identification card to each eligible applicant upon the renewal of his or her identification card.

†††† 2.  Except as otherwise provided in subsection 3 or 4, a holder of an identification card is eligible to apply, by mail, for the renewal of his or her identification card only if the holder of the identification card:

†††† (a) Is 65 years of age or older; or

†††† (b) Will be issued an identification card for a 4-year period.

†††† 3.  Except as otherwise provided in subsection 5, the holder of an identification card is not eligible to apply for the renewal of the identification card by mail if:

†††† (a) The holder previously renewed the identification card and the immediately preceding time that it was renewed the renewal was completed by mail;

†††† (b) The holder is a seasonal resident;

†††† (c) The holder wishes to change or correct any information on the identification card pursuant to NAC 483.055 to 483.070, inclusive, or 483.0789;

†††† (d) The identification card is a limited-term identification card; or

†††† (e) The identification card of the holder has been stolen, lost or destroyed.

†††† 4.  The Department may renew, by mail, the identification card of any applicant who is employed by the Federal Government, is on active military duty or is the dependent of such a person if:

†††† (a) The applicant has not requested to change or correct any information on the identification card pursuant to NAC 483.055 to 483.070, inclusive, or 483.0789; and

†††† (b) The applicant has renewed the identification card in person at least once during the 16 years immediately preceding the request for renewal by mail.

†††† 5.  The Department may renew the identification card of an applicant by mail regardless of whether it was previously renewed by mail if the Department considers renewal by mail appropriate because of the special circumstances of the applicant.

†††† (Added to NAC by Depít of Motor Veh. by R113-03, eff. 10-30-2003; A by R124-07, 1-30-2008; R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013; R140-12, 12-20-2012, eff. 10-1-2013; R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.084  Eligibility for renewal by mail. [Effective January 1, 2018.] (NRS 481.051, 483.220, 483.875)

†††† 1.  The Department will, by mail, issue a renewed identification card to each eligible applicant upon the renewal of his or her identification card.

†††† 2.  Except as otherwise provided in subsection 3 or 4, a holder of an identification card is eligible to apply, by mail, for the renewal of his or her identification card only if the holder of the identification card is 65 years of age or older.

†††† 3.  Except as otherwise provided in subsection 5, the holder of an identification card is not eligible to apply for the renewal of the identification card by mail if:

†††† (a) The holder previously renewed the identification card and the immediately preceding time that it was renewed the renewal was completed by mail;

†††† (b) The holder is a seasonal resident;

†††† (c) The holder wishes to change or correct any information on the identification card pursuant to NAC 483.055 to 483.070, inclusive, or 483.0789;

†††† (d) The identification card is a limited-term identification card; or

†††† (e) The identification card of the holder has been stolen, lost or destroyed.

†††† 4.  The Department may renew, by mail, the identification card of any applicant who is employed by the Federal Government, is on active military duty or is the dependent of such a person if:

†††† (a) The applicant has not requested to change or correct any information on the identification card pursuant to NAC 483.055 to 483.070, inclusive, or 483.0789; and

†††† (b) The applicant has renewed the identification card in person at least once during the 16 years immediately preceding the request for renewal by mail.

†††† 5.  The Department may renew the identification card of an applicant by mail regardless of whether it was previously renewed by mail if the Department considers renewal by mail appropriate because of the special circumstances of the applicant.

†††† (Added to NAC by Depít of Motor Veh. by R113-03, eff. 10-30-2003; A by R124-07, 1-30-2008; R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013; R140-12, 12-20-2012, eff. 10-1-2013; R028-13, 10-23-2013, eff. 1-1-2014; R028-13, 10-23-2013, eff. 1-1-2018)

††††† NAC 483.085  Denial of application and renewal in person. (NRS 481.051, 483.220, 483.875)  The Department will deny an application for the renewal of an identification card by mail and require the applicant to renew his or her identification card in person at an office of the Department if:

†††† 1.  The applicant wishes to change or correct any information on the identification card pursuant to NAC 483.055 to 483.070, inclusive;

†††† 2.  The applicantís identification card has been stolen, lost or destroyed; or

†††† 3.  The Department has not obtained the applicantís digital image and signature required for the production of a renewed identification card.

†††† (Added to NAC by Depít of Motor Veh. by R113-03, eff. 10-30-2003; A by R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.086  Renewed identification card: Failure to receive from Department. (NRS 481.051, 483.220, 483.875)

†††† 1.  If, not less than 30 days after the Department issues a renewed identification card by mail to an applicant, the applicant notifies the Department that he or she has not received the renewed identification card and the Department determines that the current mailing address of the applicant is the mailing address that the applicant listed on his or her application, the Department will mail a duplicate identification card to the applicant free of charge.

†††† 2.  If the applicant notifies the Department pursuant to subsection 1 that he or she has not received his or her renewed identification card 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 for a change of address by completing the required application, submitting any necessary documentation to the Department and paying the fees required by NRS 483.820 and NAC 483.900.

†††† (Added to NAC by Depít of Motor Veh. by R113-03, eff. 10-30-2003; A by R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.087  Renewed identification card: Period of validity; loss, theft or destruction; express delivery service. (NRS 481.051, 483.220, 483.875)

†††† 1.  An identification card which is renewed by mail is valid until the date on which the identification card is set to expire as determined pursuant to NAC 483.043.

†††† 2.  If a renewed identification card is lost, stolen or destroyed, the holder of the renewed identification card must apply to the Department for a new identification card. The new identification card expires on the same date as the renewed identification card.

†††† 3.  The Department will charge and collect the fee prescribed for a duplicate identification card set forth in NRS 483.820 and NAC 483.900 for an identification card that is issued pursuant to subsection 2.

†††† 4.  A person who applies for a renewal of his or her identification card by mail and who requests express delivery service of the identification card must pay to the Department the actual costs of that service.

†††† (Added to NAC by Depít of Motor Veh. by R113-03, eff. 10-30-2003; A by R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013)

CLASSIFICATION OF LICENSES AND CERTIFICATION OF DRIVING ABILITY

General Provisions

††††† NAC 483.100  ďHighwayĒ defined. (NRS 481.051, 483.220, 483.908)  As used in NAC 483.100 to 483.197, inclusive, unless the context otherwise requires, ďhighwayĒ has the meaning ascribed to it in NRS 486.031.

†††† [Depít of Motor Veh., Classification of Licenses Reg. ß I, eff. 4-29-82]ó(NAC A 8-1-91; 9-13-91; R159-01, 5-28-2002; R107-03, 2-18-2004)

††††† NAC 483.110  Driversí licenses: Classifications; miscellaneous restrictions and endorsements. (NRS 481.051, 482A.100, 483.220, 483.235, 483.908)

†††† 1.  The holder of a Class A noncommercial driverís license may drive:

†††† (a) Any combination of vehicles with:

††††††††† (1) A gross combination weight rating of 26,001 pounds or more, which includes one or more towed vehicles with:

†††††††††††††† (I) A gross vehicle weight rating of more than 10,000 pounds; or

†††††††††††††† (II) A gross vehicle weight of more than 10,000 pounds; or

††††††††† (2) A gross combination weight of 26,001 pounds or more, which includes one or more towed vehicles with:

†††††††††††††† (I) A gross vehicle weight rating of more than 10,000 pounds; or

†††††††††††††† (II) A gross vehicle weight of 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 or an autonomous vehicle in autonomous mode unless the holder obtains an appropriate endorsement.

†††† 2.  The holder of a Class B noncommercial driverís license may drive any single vehicle with a gross vehicle weight rating or gross vehicle weight, whichever is greater, of 26,001 pounds or more, or any such 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 or an autonomous vehicle in autonomous mode unless the holder obtains an appropriate endorsement.

†††† 3.  The holder of a Class C noncommercial driverís 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 driverís license is required, including, without limitation, a moped or a low-speed vehicle, but the holder of a Class C driverís license may not:

†††† (a) Drive a motorcycle, unless the holder obtains an appropriate endorsement;

†††† (b) Tow a vehicle or a combination of vehicles with a gross vehicle weight rating or gross combination weight rating, as appropriate, of more than 10,000 pounds, unless the holder obtains a J endorsement;

†††† (c) Drive a combination of vehicles exceeding 70 feet in length; or

†††† (d) Drive an autonomous vehicle in autonomous mode unless the holder obtains a G endorsement.

†††† 4.  The Department may place a restriction on a Class A, Class B or Class C driverís license if the holder of the driverís 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 driverís 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 driverís license who is exempt from the requirements of NRS 483.900 to 483.940, inclusive, and NAC 483.799 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 the holder obtains an F endorsement on his or her driverís license.

†††† 7.  The holder of a Class M driverís license may drive a motorcycle, trimobile or moped. The holder of a Class A, Class B or Class C driverís license may drive a motorcycle only if the holder obtains a Class M endorsement on his or her driverís license.

†††† 8.  An applicant who is administered a test of 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 driverís license with a restriction indicating that the license does not authorize the operation of a motorcycle which exceeds a displacement of 90 cubic centimeters.

†††† 9.  An applicant who is administered a test of driving ability on a motorcycle which has three wheels in contact with the ground will be issued a Class M driverís license with a restriction.

†††† 10.  An applicant who is administered a test of driving ability on a moped will be issued a Class M driverís license with a moped restriction. A Class M driverís license with a moped restriction does not authorize the operation of any other motor vehicle.

†††† 11.  An applicant who is administered a test of driving ability in a low-speed vehicle will be issued a Class C driverís license with a restriction. The Department will indicate on the back of such a driverís 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.  The holder of a Class A, Class B or Class C driverís license may operate an autonomous vehicle in autonomous mode only if the holder obtains a G endorsement on his or her driverís license as required pursuant to NAC 482A.040.

†††† 13.  As used in this section, unless the context otherwise requires:

†††† (a) ďAutonomous vehicleĒ has the meaning ascribed to it in NRS 482A.030.

†††† (b) ďGross combination weight ratingĒ 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.

†††† (c) ďGross vehicle weight ratingĒ means the weight specified by the manufacturer as the loaded weight of a single vehicle.

†††† (d) ďLow-speed vehicleĒ has the meaning ascribed to it in NRS 484B.637.

†††† (e) ďMopedĒ has the meaning ascribed to it in NRS 486.038.

†††† (f) ďMotorcycleĒ has the meaning ascribed to it in NRS 486.041.

†††† (g) ďTrimobileĒ has the meaning ascribed to it in NRS 486.057.

†††† [Depít of Motor Veh., Classification of Licenses Reg. ß II, eff. 4-29-82]ó(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; R084-11, 2-15-2012, eff. 3-1-2012; R141-12, 11-1-2012, eff. 1-28-2013)

††††† 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 driverís 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.

†††† [Depít of Motor Veh., Classification of Licenses Reg. ß III, eff. 4-29-82]

Commercial Driversí 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 Depít of Motor Veh. by R107-03, eff. 2-18-2004)

††††† NAC 483.1212  ďDriving skills testĒ defined. (NRS 483.908, 483.912)  ďDriving skills testĒ means a driving skills test for a commercial driverís license which includes, without limitation, a pretrip test, basic skills test and road test.

†††† (Added to NAC by Depít of Motor Veh. by R107-03, eff. 2-18-2004)

††††† NAC 483.1214  ďSchool for training driversĒ defined. (NRS 483.908, 483.912)  ďSchool for training driversĒ 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 driverís license is required.

†††† (Added to NAC by Depít of Motor Veh. by R107-03, eff. 2-18-2004)

††††† NAC 483.1216  ďStudentĒ defined. (NRS 483.908, 483.912)  ďStudentĒ means a person who is enrolled at a school for training drivers.

†††† (Added to NAC by Depít of Motor Veh. by R107-03, eff. 2-18-2004)

††††† NAC 483.1218  ďThird-party certifierĒ defined. (NRS 483.908, 483.912)

†††† 1.  ďThird-party certifierĒ 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 driverís 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. ß 383.75.

†††† (Added to NAC by Depít 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 driversí 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 Depít 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 Depít 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 driverís 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 driverís license and may sign an affidavit of certification to that effect. The instructor may not sign such an affidavit with respect to the instructorís 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 or her disposal at least one vehicle requiring the same class of driverís license as the class of driverís license for which the studentís driving ability is being certified; or

†††† (b) Sign an affidavit of certification for the operation of a vehicle for which a particular class of driverís license is required unless the instructor has at his or her disposal at least one vehicle requiring the same class of driverís 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 driverís license of the class and type for which the instructor 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 driverís license as the class and type of driverís license for which the studentís 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 Depít 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 or her application all the branch locations of the school for training drivers at which the applicant 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 the applicantís driverís license, his or her driving history and any additional information which the Department deems pertinent to his or her 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 Depít 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 driverís license of the class for which the third-party certifier is authorized to certify, he or she 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 or her 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 or her registration as a third-party certifier expires and he or she 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 Depít 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 instructorís license issued to the third-party certifier, the Department may revoke, suspend or refuse to renew, as appropriate, his or her 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 Depít 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 driverís 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 or she 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 driverís 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 or her 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 or she determined the qualifications of the student to operate the vehicles for which a Class A, Class B or Class C driverís 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 full legal 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 driverís license issued to the student;

†††† (d) The full legal 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 Depít of Motor Veh. by R107-03, eff. 2-18-2004; A by R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 driverís license because the third-party certifier is administering any part of the driving skills test to a student.

†††† (Added to NAC by Depít 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 driverís license issued to the third-party certifier under a full legal name other than his or her own, or issued to him or her 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 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 instructorís 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 or her 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 or she 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 or her registration pursuant to this section, request a hearing on the question of whether the third-party certifier 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 Depít of Motor Veh. by R107-03, eff. 2-18-2004; A by R140-12, 12-20-2012, eff. 1-15-2013)

Commercial Driversí 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 Depít of Motor Veh. by R107-03, eff. 2-18-2004)

††††† NAC 483.1242  ďDriving skills testĒ defined. (NRS 483.908, 483.912)  ďDriving skills testĒ means a driving skills test for a commercial driverís license which includes, without limitation, a pretrip test, basic skills test and road test.

†††† (Added to NAC by Depít of Motor Veh. by R107-03, eff. 2-18-2004)

††††† NAC 483.1244  ďEmployerĒ defined. (NRS 483.908, 483.912)  ďEmployerĒ means any person who owns or leases a commercial motor vehicle or assigns his or her employees to operate such a vehicle.

†††† (Added to NAC by Depít of Motor Veh. by R107-03, eff. 2-18-2004)

††††† NAC 483.1246  ďThird-party certifierĒ defined. (NRS 483.908, 483.912)  ďThird-party certifierĒ 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. ß 383.75.

†††† (Added to NAC by Depít 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 driversí 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 Depít of Motor Veh. & Pub. Safety, eff. 9-13-91; A by R001-98, 4-2-98; A by Depít 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.

†††† [Depít of Motor Veh., Classification of Licenses Reg. ß IV subsec. 1, eff. 4-29-82]ó(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 driverís 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 driverís license and may sign an affidavit of certification to that effect. The third-party certifier may not sign such an affidavit with respect to the third-party certifierís 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 or her disposal at least one vehicle requiring the same class of driverís license as the class of driverís license for which the employeeís driving ability is being certified; or

†††† (b) Sign an affidavit of certification for the operation of a vehicle for which a particular class of driverís license is required unless the third-party certifier has at his or her disposal at least one vehicle requiring the same class of driverís 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 driverís license of the class and type for which he or she 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 driverís license as the class and type of driverís license for which the employeeís 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.

†††† [Depít of Motor Veh., Classification of Licenses Reg. ß IV subsec. 2, eff. 4-29-82]ó(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 the applicantís driverís license, his or her driving history and any additional information which the Department deems pertinent to his or her eligibility.

†††† 3.  The evaluation of an application for registration as a third-party certifier will include an inspection of the site of the applicantís 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 the applicant has taken to correct the deficiency that caused the denial of the original application.

†††† [Depít of Motor Veh., Classification of Licenses Reg. ß V subsecs. 7, 8 & 11, eff. 4-29-82]ó(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 driverís 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,

  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 or her 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 driverís license of the class for which he or she is authorized to certify, he or she 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 or her 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, the registration as a third-party certifier expires and he or she 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.

†††† [Depít of Motor Veh., Classification of Licenses Reg. ß V subsecs. 5, 6, 10 & 14, eff. 4-29-82]ó(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.

†††† [Depít of Motor Veh., Classification of License Reg. ß V subsecs. 9, 12 & 13, eff. 4-29-82]ó(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 driverís 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 or she is learning to drive; and

†††† (b) Shall ensure that the third-party certifierís 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 driverís 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 or her 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 the third-party certifier determined the qualifications of the employee to operate the vehicles for which a Class A, Class B or Class C driverís 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 or her. 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.

†††† [Depít of Motor Veh., Classification of Licenses Reg. ß V subsecs. 1-4, eff. 4-29-82]ó(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 driverís license issued to the third-party certifier under a full legal name other than his or her own, or issued to him or her 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 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 or her 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 or she 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 or her registration pursuant to this section, request a hearing on the question of whether the third-party certifier 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 Depít of Motor Veh. & Pub. Safety, eff. 8-1-91; A by Depít of Motor Veh. by R159-01, 5-28-2002; R107-03, 2-18-2004; R140-12, 12-20-2012, eff. 1-15-2013)

Noncommercial Driversí Licenses

††††† NAC 483.185  ďThird-party certifierĒ defined. (NRS 481.051, 483.220)  As used in NAC 483.185 to 483.197, inclusive, unless the context otherwise requires, ďthird-party certifierĒ means a person registered with the Department pursuant to NAC 483.190 to certify the driving ability of a person.

†††† (Added to NAC by Depít 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 driversí licenses.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Depít 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 driverís 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 Depít of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Depít 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 driverís 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 driverís 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 or her disposal at least one vehicle requiring the same class of driverís license as the class of driverís license for which the personís driving ability is being certified; or

†††† (b) Sign an affidavit of certification for the operation of a vehicle for which a particular class of driverís license is required unless the third-party certifier has at his or her disposal at least one vehicle requiring the same class of driverís 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 driverís license;

†††† (b) Hold a valid license of the class and type for which the third-party certifier is certifying the driving ability of a person and signing an affidavit of certification, but may not sign for himself or herself; 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 personís 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 Depít of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Depít 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 or her driverís license, his or her driving history and any additional information which the Department deems pertinent to the applicantís eligibility.

†††† 3.  The evaluation of an application for registration as a third-party certifier may include an inspection of the site of the applicantís 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 or she has taken to correct the deficiency that caused the denial of the original application.

†††† (Added to NAC by Depít 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 driverís license of the class for which the third-party certifier is authorized to certify, he or she 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 or her registration on a form furnished by the Department. If the third-party certifier fails to renew the registration within 30 days after notification, the registration as a third-party certifier expires and he or she 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 Depít of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Depít 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,

  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 Depít of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Depít 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 the person is learning to drive. The third-party certifier must ensure that his or her 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 driverís 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 driverís 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 the third-party certifier determined the personís qualifications to operate the vehicles for which a Class A or Class B driverís license is required.

†††† 4.  A third-party certifier shall maintain records of all persons applying for certification and subsequently certified by him or her. 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 Depít of Motor Veh. & Pub. Safety, eff. 9-13-91; A by Depít 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 driverís license issued to the third-party certifier under a full legal name other than his or her own, or issued to him or her 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 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 or she reapplies for registration as a third-party certifier.

†††† 3.  Within 30 days after revocation of his or her registration pursuant to this section, a third-party certifier may request a hearing on the question of whether the third-party certifier 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 Depít of Motor Veh. by R159-01, eff. 5-28-2002; A by R140-12, 12-20-2012, eff. 1-15-2013)

RESTRICTED LICENSES

Licenses Issued During Period of Suspension or Revocation of Driversí 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 or her employer.

†††† 3.  If the applicant is self-employed, the applicant must provide the Department with a copy of his or her business license or other documents which are satisfactory to the Department verifying that the applicant is self-employed.

†††† 4.  If the applicant is unemployed, he or she must provide the Department with:

†††† (a) Documentation which may include, but is not limited to, a notarized letter from any person familiar with the applicantís need for such a restricted license. The letter must include:

††††††††† (1) If applicable, a description of the applicantís 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 the applicantís fitness and eligibility to drive safely on the highways.

†††† [Depít of Motor Veh., Restricted License Reg. ß 11, eff. 4-29-82]ó(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 applicantís complete driving history.

†††† 2.  The applicantís need for the license and the hardship to the applicant if his or her application is denied.

†††† 3.  The applicantís need to drive on the job or to and from work.

†††† 4.  The distance from the applicantís address of principal residence to his or her 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 484C.330, the applicantís need to drive to and from the treatment facility.

†††† 7.  Any other information which is pertinent to evaluating the application.

†††† [Depít of Motor Veh., Restricted License Reg. ß III, eff. 4-29-82]ó(NAC A 1-19-84; 8-29-96; R154-01, 2-12-2002; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.220  Restrictions on issuance of license. (NRS 483.220, 483.490)  A resident of Nevada who has had his or her driverís license suspended or revoked will not be issued a restricted license pursuant to subsection 1 or 2 of NRS 483.490 if:

†††† 1.  The resident lives within 2 miles of his or her place of employment unless the resident meets all other requirements for granting the license and presents satisfactory evidence that he or she is physically unable to walk the distance.

†††† 2.  The resident 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 484B.653.

††††††††† (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 484B.550.

††††††††† (3) Failing to stop at the scene of an accident in violation of NRS 484E.010 or 484E.020.

††††††††† (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 484E.030.

††††††††† (5) Violating a condition of a restricted license.

†††† 3.  The resident 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 or her 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.  The residentís license has been suspended pursuant to NRS 483.465 or chapter 485 of NRS.

†††† 5.  The resident gives false information when applying for a restricted license.

†††† 6.  The residentís driving privilege is currently suspended, revoked or cancelled in another state.

†††† 7.  The resident is 18 years of age or older and his or her driverís 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.

†††† [Depít of Motor Veh., Restricted License Reg. ß V, eff. 4-29-82]ó(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 holderís driverís 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 or her driverís license or has not completed an approved course in traffic safety since the suspension of the driverís 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 or her 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 or her 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 Depít 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 or her driverís license set forth in NAC 483.478, except that a person who is exempt from the requirements for a commercial driverís license pursuant to federal regulations and who is applying for a restricted Class A or Class B driverís 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) The applicant is convicted of a traffic violation which has been assigned four or more demerit points;

††††††††† (2) The applicantís privilege to drive is suspended, revoked or cancelled for any reason other than the reason for which his or her license was suspended, revoked or cancelled when he or she applied for the restricted license;

††††††††† (3) The applicant fails to maintain proof of financial responsibility as required by chapter 485 of NRS; or

††††††††† (4) The applicant fails to notify the Department in writing of any change of his or her address of principal residence or employment, or any other information included in his or her 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 or her 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 the applicant has completed an approved course in traffic safety within the 6 months immediately preceding the submission of the application; or

†††† (b) A notice of the applicantís 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 applicantís driverís license will end.

†††† 3.  Before the Department will issue a restricted license to an applicant whose driverís 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 information set forth in NAC 483.040 and:

†††† (a) 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.

†††† (b) Other applicable instructions.

†††† 5.  A restricted license is not transferrable and may be used only for the purpose stated on the license.

†††† [Depít of Motor Veh., Restricted License Reg. ß VI, eff. 4-29-82]ó(NAC A 1-19-84; 4-16-85; 9-13-91; 3-3-94; 8-29-96; R154-01, 2-12-2002; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.245  Satisfaction of conditions for reinstatement of revoked or suspended driverís license. (NRS 483.220, 483.490)  Except as otherwise provided in title 5 of NRS, if the Department has revoked or suspended a driverís license pursuant to title 5 or chapter 483, 484A to 484E, inclusive, 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 driverís license.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 3-3-94; A 8-29-96; A by Depít 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.

†††† [Depít of Motor Veh., Restricted License Reg. ß 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 the 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 or her right to visit a child.

†††† 4.  An applicant for a restricted license which authorizes him or her 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 Depít 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 driverís 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 or her control in violation of NRS 202.300; or

†††† 2.  Is 18 years of age or older and has been prohibited from applying for a driverís 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 Depít of Motor Veh. & Pub. Safety, eff. 8-29-96; A by Depít 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 full legal name, date of birth and social security number of the applicant;

†††† (b) The applicantís mailing address and address of principal residence, if that address is different from the mailing address;

†††† (c) The full legal names, driverís license numbers and signatures of the applicantís parents or legal guardians;

†††† (d) The full legal names, addresses of principal residence 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 issued a restricted license; and

†††† (h) Any other information requested by the Department.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 8-29-96; A by Depít of Motor Veh. by R154-01, 2-12-2002; R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 full legal name and social security number of the member of the applicantís 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 applicantís household:

†††† (a) A description of the medical condition;

†††† (b) A statement verifying that the medical condition renders that member of the applicantís 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.

  The information required by this subsection must be signed and dated by the physician who treated that member of the applicantís 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 applicantís household who has a medical condition which renders that member unable to operate a motor vehicle.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 8-29-96; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 applicantís address of principal residence to the school the applicant 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 or she was assigned by the school district;

††††††††† (2) Whether the school district provides transportation between the applicantís address of principal residence and the school he or she 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 applicantís address of principal residence is not more than 2 miles from the school which the applicant attends or the nearest location where transportation is provided by the school or school district, the applicant must submit with his or her application a letter from the physician who treated the applicant which includes:

†††† (a) A statement that the applicantís medical condition prevents the applicant from walking the distance between his or her address of principal residence and the school or the location nearest his or her address of principal residence where transportation is provided by the school or school district;

†††† (b) A statement that the applicantís medical condition will not adversely affect his or her ability to operate a motor vehicle safely; and

†††† (c) If the applicant is taking medication for the medical condition, a statement that the medication will not adversely affect the applicantís ability to operate a motor vehicle safely.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 8-29-96; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 applicantís need for the license and the hardship the applicant will experience if the application is denied;

†††† (b) The availability of any licensed drivers who are members of the applicantís household who are able to transport the person who has a medical condition which renders him or her 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 or her 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 applicantís address of principal 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 applicantís 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 the applicant 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 Depít of Motor Veh. & Pub. Safety, eff. 8-29-96; A by R133-97, 11-14-97; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 driverís 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 or her control in violation of NRS 202.300; or

†††† 2.  A member of the applicantís 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 Depít of Motor Veh. & Pub. Safety, eff. 8-29-96; A by Depít 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 or she 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 Depít 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 Depít of Motor Veh. & Pub. Safety, eff. 8-29-96)

††††† NAC 483.273  Contents of license; expiration. (NRS 483.220, 483.267, 483.270, 483.291)

†††† 1.  A restricted license issued pursuant to NRS 483.267 or 483.270 will contain the information set forth in NAC 483.040 and:

†††† (a) 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

†††† (b) Any other applicable instructions.

†††† 2.  Except as otherwise provided in NRS 483.291, unless the Department establishes an earlier date of expiration, a restricted license issued pursuant to NRS 483.267 or 483.270 expires on the licenseeís 18th birthday.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 8-29-96; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013; R028-13, 10-23-2013, eff. 1-1-2014)

††††† 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 the 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 or her.

†††† (Added to NAC by Depít 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 or her 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 licenseeís 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 NRS 483.330 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 driverís license to pass a written, vision or driving examination administered pursuant to NRS 483.330 if:

†††† (a) The applicant complies with all other requirements for the issuance of a driverís license; and

†††† (b) The applicant 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 or her application for a driverís license.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 8-29-96; A by Depít of Motor Veh. by R065-12, 11-1-2012)

††††† 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 or her 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 or her 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 Depít 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 to 483.298, inclusive, have the meanings ascribed to them in those sections.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95)

††††† NAC 483.285  ďCarrier lensĒ defined. (NRS 481.051, 483.220, 483.360)  ďCarrier lensĒ means the corrective lens to which a telescopic device is attached.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95)

††††† NAC 483.290  ďField of visionĒ defined. (NRS 481.051, 483.220, 483.360)  ďField of visionĒ means a measurement of the area visible to a person without moving the eyes.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95)

††††† NAC 483.295  ďTelescopic deviceĒ defined. (NRS 481.051, 483.220, 483.360)  ďTelescopic deviceĒ 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 Depít of Motor Veh. & Pub. Safety, eff. 11-7-95)

††††† NAC 483.298  ďWink mirrorĒ defined. (NRS 481.051, 483.220, 483.360)  ďWink mirrorĒ means a mirror or a series of mirrors that extends across the top of the interior of the windshield of a motor vehicle.

†††† (Added to NAC by Depít of Motor Veh. by R141-12, 11-1-2012, eff. 1-28-2013)

††††† 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.

†††† [Depít of Motor Veh., License for Disabled Persons Reg. ß II, eff. 4-29-82]ó(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 the applicantís physician. The medical report must indicate whether the condition of the applicant and any medication prescribed for the applicant would affect his or her 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 driverís 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 driverís license or permit and by each licensee seeking renewal of his or her driverís license.

†††† 3.  If the answer to any such question indicates the existence of any physical or mental disability which the Department determines may prevent the applicant 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. 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 driverís 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 or her written release, pursuant to a court order or to the Departmental hearing officer upon the personís written request for a hearing.

†††† [Depít of Motor Veh., License for Disabled Persons Reg. ß III, eff. 4-29-82]ó(NAC A by R015-97, 11-14-97; R065-12, 11-1-2012)

††††† NAC 483.320  Suspension, cancellation and voluntary surrender of license. (NRS 481.051, 483.220, 483.360)

†††† 1.  The Department will suspend the driverís 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 or her license, the Department will suspend the license for 3 months.

†††† 3.  If a licensee fails to comply with any restriction requiring a yearly vision examination, medical examination or driving test, or any combination thereof, the Department will cancel his or her 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 or her driverís license voluntarily. Except as otherwise provided in subsection 5, upon receipt of the license, the Department will cancel the driving privilege and issue an identification card without charging a fee pursuant to NRS 483.820 and NAC 483.900. The licensee may apply for a reinstatement of the driverís license if the licensee presents medical evidence satisfactory to the Department that he or she is physically or mentally capable of operating a motor vehicle. If the licensee fails to surrender his or her license voluntarily to the Department within 15 days after the Department requests the surrender, the Department will suspend the licenseeís driving privilege. The Department will rescind the suspension of the driving privilege of the licensee, cancel his or her driverís license and allow the licensee to apply for a new driverís 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 the licensee was physically unable to surrender his or her driverís license when requested.

†††† 5.  Before the Department will issue an identification card pursuant to subsection 4, a person who voluntarily surrenders his or her driver authorization card to the Department must submit the documentation required pursuant to NAC 483.050.

†††† [Depít of Motor Veh., License for Disabled Persons Reg. ß IV, eff. 4-29-82]ó(NAC A by R015-97, 11-14-97; R080-02, 9-10-2002; R141-12, 11-1-2012, eff. 1-28-2013; R028-13, 10-23-2013, eff. 1-1-2014)

††††† 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 driverís 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 personís 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 the 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 the 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.

  The Department will not charge a fee to any person who is required to add a restriction to his or her license as a result of a medical condition.

†††† [Depít of Motor Veh., License for Disabled Persons Reg. ß V, eff. 4-29-82]ó(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 or she 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. 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.

†††† [Depít of Motor Veh., License for Disabled Persons Reg. ß VI, eff. 4-29-82]ó(NAC A by R015-97, 11-14-97; R065-12, 11-1-2012)

††††† 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 driverís 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 (and text placed on an affected license)

 

Criteria for Restriction

 

 

 

Restriction B - Corrective lenses.

(Restriction B - Corrective Lenses)

 

This restriction is placed on the driverís 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 C - Mechanical or adaptive device.

(Restriction C - Mechanical/Adaptive Device)

 

This restriction is placed on the driverís license of a person who is physically unable to operate a motor vehicle without the aid of a mechanical or other adaptive device.

 

 

 

Restriction D - Prosthetic aid.

(Restriction D - Prosthetic Aid)

 

This restriction is placed on the driverís license of a person who is required to wear a prosthetic device while operating a motor vehicle.

 

 

 

Restriction F - Outside mirrors.

(Restriction F - Outside Mirrors)

 

This restriction is placed on the driverís 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 or her head or neck is limited.

 

 

 

Restriction G - Daylight driving only.

(Restriction G - Daylight Driving Only)

 

This restriction is placed on the driverís license of a person, upon a recommendation from a physician, optometrist or ophthalmologist, 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 driverís instruction permit.

 

 

 

Restriction JB - Driving test every 6 months.

(Restriction JB - Drive Test Every 6 Months)

 

This restriction is placed on the driverís license of a person whose physician requests more frequent driving tests.

 

 

 

Restriction JC - Vision examination every 6 months.

(Restriction JC - Eye Test Every 6 Months)

 

This restriction is placed on the driverís license of a person who is required to have a vision examination every 6 months.

 

 

 

Restriction JF - Must have wink mirrors.

(Restriction JF - Must Have Wink Mirrors)

 

This restriction may be placed on the driverís 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 or her head or neck is limited.

 

 

 

Restriction JK - Left foot accelerator.

(Restriction JK - Left Foot Accelerator)

 

This restriction is placed on the driverís license of a person who is physically unable to operate the right foot accelerator.

 

 

 

Restriction JT - Speed not to exceed 45 miles per hour.

(Restriction JT - Speed 45 MPH Or Less)

 

This restriction is placed on the driverís 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 JV - Nevada medical waiver.

(Restriction JV - NV Med Waiver)

 

This restriction is placed on the commercial driverís license of a person who obtains a waiver pursuant to the provisions of NAC 483.803.

 

 

 

Restriction V - Federal medical waiver.

(Restriction V - Med Variance Docs Reqd)

 

This restriction is placed on the commercial driverís license of a person who has been issued a federal medical waiver.

 

 

 

Restriction 1 - Telescopic device.

(Restriction 1 - Telescopic Device)

 

This restriction is placed on the driverís 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 2 - Hearing aid.

(Restriction 2 - Hearing Aid)

 

This restriction may be placed on the driverís license of a person who wears a hearing aid.

 

 

 

Restriction 4 - Grip on steering wheel or power steering.

(Restriction 4 - Grip/Power Steering Wheel)

 

This restriction is placed on the driverís license of a person who has difficulty gripping or turning the steering wheel of the motor vehicle.

 

 

 

Restriction 5 - Directional signals.

(Restriction 5 - Directional Signals)

 

This restriction is placed on the driverís license of a person who is physically unable to perform signals with his or her arms or whose driverís license is restricted to hand controls.

 

 

 

Restriction 6 - Yearly vision examination.

(Restriction 6 - Yearly Vision Exam)

 

This restriction is placed on the driverís license of a 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 7 - Yearly medical letter.

(Restriction 7 - Yearly Medical Letter)

 

This restriction is placed on the driverís 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 or her physician determines necessitates a yearly medical examination.

 

 

 

Restriction 8 - Yearly driving test.

(Restriction 8 - Yearly Drive Test)

 

This restriction is placed on the driverís license of a person based on the personís performance on his or her driving test or on the driverís license of a person who is required to wear a telescopic device while operating a motor vehicle.

 

 

 

Restriction 9 - Seat cushion or automatic seat.

(Restriction 9 - Seat Cushion/Auto Seat)

 

This restriction is placed on the driverís 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 or her size. This restriction is not limited to a seat cushion or automatic seat if another device is available.

 

†††† 3.  The Department will place any other restriction that is not otherwise described in this section upon the driverís license of a person if the physician of that person so recommends.

†††† [Depít of Motor Veh., License for Disabled Persons Reg. ß VII, eff. 4-29-82]ó(NAC A 9-13-91; 11-7-95; R015-97, 11-14-97; R141-12, 11-1-2012, eff. 1-28-2013)

††††† 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 (and text placed on an affected license)

 

Criteria for Restriction

 

 

 

Restriction A - Automatic transmission.

(Restriction A - Auto Trans)

 

This restriction is placed on the driverís license of a person who is physically unable to operate a motor vehicle that is equipped with a manual transmission.

 

 

 

Restriction E - Automatic transmission for noncommercial or commercial driverís license.

(Restriction E - Auto Trans CMV Wgt Only)

 

This restriction is placed on the driverís license of a person who is physically unable to operate a motor vehicle that is equipped with a manual transmission, who completed the driving skills test for his or her commercial driverís license in a motor vehicle that is equipped with an automatic transmission or who completed the driving skills test for his or her Class A or Class B noncommercial driverís license in a motor vehicle that is equipped with an automatic transmission.

 

 

 

Restriction JA - Must carry detail form.

(Restriction JA - Must Carry Detail Form)

 

This restriction is placed on the driverís license of a person who requires a restriction that is not described in this section or NAC 483.350 or whose driverís license requires more restrictions than can be shown on the license. The person must carry the detail form with his or her driverís license at all times.

 

 

 

Restriction JD - Authorization to operate an emergency vehicle falling within Class A.

(Restriction JD - Drive Fire Equip NCMV A)

 

This restriction is placed on the driverís license of a person who holds a Class B or Class C commercial driverís license and is authorized to operate an emergency vehicle falling within Class A.

 

 

 

Restriction JE - Authorization to operate an emergency vehicle falling within Class B.

(Restriction JE - Drive Fire Equip NCMV B)

 

This restriction is placed on the driverís license of a person who holds a Class C commercial driverís license and is authorized to operate an emergency vehicle falling within Class B.

 

 

 

Restriction JG - Motorcycle with sidecar.

(Restriction JG - Motorcycle w-Sidecar)

 

This restriction is placed on the driverís license of a person who has demonstrated proficiency in operating a motorcycle equipped with a sidecar.

 

 

 

Restriction JH - Medical hardship.

(Restriction JH - Trnsprt Handicapped Only)

 

This restriction is placed on a restricted driverís license issued pursuant to NRS 483.267 permitting a person to transport a member of his or her household who has a medical condition that renders the member of the household unable to drive.

 

 

 

Restriction JI - Authorization to operate a recreational vehicle falling within Class A.

(Restriction JI - Drive NCMV A Rec Veh)

 

This restriction is placed on the driverís license of a person who holds a Class B or Class C commercial driverís license and has demonstrated proficiency in operating a noncommercial recreational vehicle falling within Class A.

 

 

 

Restriction JJ - Authorization to operate a recreational vehicle falling within Class B.

(Restriction JJ - Drive NCMV B Rec Veh)

 

This restriction is placed on the driverís license of a person who holds a Class C commercial driverís license and has demonstrated proficiency in operating a noncommercial recreational vehicle falling within Class B.

 

 

 

Restriction JL - Trimobile.

(Restriction JL - Trimobile)

 

This restriction is placed on the driverís license of a person who holds a Class C noncommercial driverís license and who has demonstrated proficiency in operating a trimobile.

 

 

 

Restriction JM - Authorization to operate only motor vehicles falling within Class A that are tow cars.

(Restriction JM - Class A Tow Car Only)

 

This restriction is placed on the driverís license of a person who holds a Class A commercial driverís license if he or she completes the driving skills test in a tow car.

 

 

 

Restriction JN - Instruction permit.

(Restriction JN - Instruction Permit)

 

This restriction is placed on each instruction permit issued by the Department.

 

 

 

Restriction JO - Instruction permit for driverís education only.

(Restriction JO - Driver Educ Only)

 

This restriction is placed on an instruction permit granted pursuant to subsection 3 of NRS 483.280 that is valid for a school year or a more restricted period and authorizes the permittee to drive a motor vehicle only on a designated highway or within a designated area and only when an approved instructor is occupying a seat beside the permittee.

 

 

 

Restriction JP - Authorization to 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.

(Restriction JP - Tow >10000 lb Class C Only)

 

This restriction is placed on the driverís license of a person who holds a Class B commercial driverís license that contains a J endorsement.

 

 

 

Restriction JR - Authorization to operate a three-wheeled motorcycle with a single power driven rear wheel.

(Restriction JR - 3 Wheel MC w/1 Rear Pwr Wheel)

 

This restriction is placed on the driverís license of a person who has demonstrated proficiency in operating a three-wheeled motorcycle with a single power driven rear wheel.

 

 

 

Restriction JS - Low-speed vehicles only.

(Restriction JS - Low-Speed Vehicles Only)

 

This restriction is placed on the driverís license of a person who completes the driving skills test in a low-speed vehicle and restricts the person to driving only on specially designated roadways at a speed of 35 miles per hour or less.

 

 

 

Restriction JU - Physical examination required.

(Restriction JU - Phys Exam)

 

This restriction is placed on the driverís license of a person who is obtaining a commercial driverís license.

 

 

 

Restriction JW - Direct visual supervision by a person 21 years of age or older.

(Restriction JW - Dir Visual Sup 21+ Yrs)

 

This restriction is placed on a Class M driverís instruction permit and requires the holder of the permit, while operating a motorcycle, to be under the direct visual supervision of a person who is licensed to operate a motorcycle and is at least 21 years of age.

 

 

 

Restriction K - Intrastate operation of a commercial motor vehicle only.

(Restriction K - CMV Intrastate Only)

 

This restriction is placed on the commercial driverís license of a person who does not meet the requirements set forth in 49 C.F.R. ßß 391.41 to 391.49, inclusive, or who is less than 21 years of age.

 

 

 

Restriction L - No air brakes.

(Restriction L - No Air Brakes)

 

This restriction is placed on the driverís license of a person who does not pass a knowledge test and a driving skills test in a motor vehicle which is equipped with air brakes.

 

 

 

Restriction M - Authorization to transport passengers in motor vehicles falling within Class B or Class C only.

(Restriction M - No Class A Psngr Veh)

 

This restriction is placed on the driverís license of a person who holds a Class A commercial driverís license and who completes the skills test for a passenger endorsement in a motor vehicle falling within Class B.

 

 

 

Restriction N - Authorization to transport passengers in motor vehicles falling within Class C only.

(Restriction N - No Class A/B Psngr Veh)

 

This restriction is placed on the driverís license of a person who holds a Class A or Class B commercial driverís license and who completes the skills test for a passenger endorsement in a motor vehicle falling within Class C.

 

 

 

Restriction O - No tractor-trailer combination connected by a fifth wheel.

(Restriction O - No Tractor Trailer CMV Wgt Only)

 

This restriction is placed on the driverís license of a person who holds a Class A commercial driverís license and who completes the skills test in a combination vehicle for a Class A commercial driverís license with the power unit and towed unit connected by a connection other than a fifth wheel, such as a pintle hook.

 

 

 

Restriction P - No passengers in a commercial motor vehicle.

(Restriction P - No Psngr in CMV Bus)

 

This restriction is placed on a commercial driverís license instruction permit with a P endorsement and indicates that the holder of the permit is prohibited from operating a commercial motor vehicle carrying passengers other than federal or state auditors and inspectors, test examiners, other trainees and the holder of a commercial driverís license accompanying the permit holder as prescribed by 49 C.F.R. ß 383.25.

 

 

 

Restriction Q - Moped.

(Restriction Q - Moped)

 

This restriction is placed on the driverís license of a person who performs the skills portion of the test on a moped. The driver may only operate a moped as defined in NRS 483.088.

 

 

 

Restriction R - No hazardous materials or passengers.

(Restriction R - No Plac HazMat or Psngrs)

 

This restriction is placed on the commercial driverís license of a person who is less than 21 years of age.

 

 

 

Restriction S - No passengers on a motorcycle.

(Restriction S - No Psngrs)

 

This restriction is placed on a Class M driverís instruction permit and prohibits the holder of the permit from carrying passengers on a motorcycle.

 

 

 

Restriction T - To and from school only.

(Restriction T - To/From School Only)

 

This restriction is placed on the driverís license of a person between 14 and 18 years of age who is granted a restricted driverís license to drive to and from school.

 

 

 

Restriction U - Motorcycle not to exceed 90 cubic centimeters.

(Restriction U - MC Not To Exceed 90cc)

 

This restriction is placed on the driverís 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 W - Farm waiver.

(Restriction W - Farm Waiver)

 

This restriction is placed on the driverís license of a farmer or an employee or family member of a farmer and allows the person to operate a farm vehicle to transport agricultural products, farm machinery or farm supplies to or from a farm within Nevada and within 150 miles of the personís farm. The person shall not operate a motor vehicle in the operation of a common or contract motor carrier with a Class A or Class B noncommercial driverís license.

 

 

 

Restriction X - Operation of tank vehicle only if empty.

(Restriction X - No Cargo in CMV Tank Veh)

 

This restriction is placed on a commercial driverís license instruction permit with an N endorsement and indicates that the holder of the permit may only operate an empty tank vehicle and is prohibited from operating any tank vehicle which previously contained hazardous materials that has not been purged of any residue.

 

 

 

Restriction Y - Ignition Interlock Device.

(Restriction Y - Ignition Interlock)

 

This restriction is placed on the driverís 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 or she owns or operates pursuant to the provisions of NRS 484C.460 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 - No full air brakes.

(Restriction Z - No Full Air Brake Equip CMV)

 

This restriction is placed on the commercial driverís license of a driver who performs the skills test in a motor vehicle equipped with air over hydraulic brakes.

 

 

 

Restriction 3 - No freeway driving.

(Restriction 3 - No Fwy Driving)

 

This restriction is placed on a motorcycle instruction permit.

 

†††† 3.  As used in this section:

†††† (a) ďCommercial motor vehicleĒ has the meaning ascribed to it in NRS 484C.120.

†††† (b) ďLow-speed vehicleĒ has the meaning ascribed to it in NRS 484B.637.

†††† (c) ďTrimobileĒ has the meaning ascribed to it in NRS 486.057.

†††† (d) ďTow carĒ has the meaning ascribed to it in NRS 484A.280.

†††† [Depít of Motor Veh., License for Disabled Persons Reg. ß VIII, eff. 4-29-82]ó(NAC A 9-13-91; 11-7-95; R015-97, 11-14-97; R002-98, 4-2-98; A by Depít of Motor Veh. by R141-12, 11-1-2012, eff. 1-28-2013; R028-13, 10-23-2013, eff. 1-1-2014)

††††† 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 personís 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 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 the person submits to the Department a letter signed by his or her physician which states that:

†††† (a) The person 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.

  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.

†††† [Depít of Motor Veh., License for Disabled Persons Reg. ß IX, eff. 4-29-82]ó(NAC A by R015-97, 11-14-1997)

††††† 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 licenseeís or applicantís statement of his or her case history and any treating physicianís statement as to the diagnosis, treatment and prospect of recovery from or control of the ailment.

†††† [Depít of Motor Veh., License for Disabled Persons Reg. ß 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 or her licensing would be hazardous to public safety, has been denied a license or permit, or has had his or her license suspended, revoked or cancelled subsequently applies for issuance or reinstatement of the license or permit, the person may be required to submit the following information:

†††† (a) A current statement of his or her 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 Boardís approval, when applicable.

†††† (e) Any other information the Department deems relevant.

  The Director or the Directorís 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.

†††† [Depít of Motor Veh., License for Disabled Persons Reg. ß XII, eff. 4-29-82]ó(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 applicantís full legal name, date of birth and social security number, if the applicant has obtained one, and any information required by the Department relating to his or her 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 applicantís 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 Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 driverís 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 applicantís visual deficiency must be stable.

†††† 4.  The applicant must pass a comprehensive road test to determine whether he or she is able to operate a motor vehicle safely while using the telescopic device and the carrier lens.

†††† (Added to NAC by Depít 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 driverís license to operate a motor vehicle while wearing a telescopic device must be subject to:

†††† 1.  Restrictions for corrective lenses, telescopic devices, outside mirrors, daylight driving only, speed not to exceed 45 miles per hour, yearly vision examinations and yearly driving tests as they are described in NAC 483.350 and 483.360; and

†††† 2.  Any other restriction the Department deems necessary for the applicant to operate a motor vehicle safely.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by R015-97, 11-14-97; A by Depít of Motor Veh. by R141-12, 11-1-2012, eff. 1-28-2013)

RENEWAL OF LICENSES BY MAIL

Persons Residing in State

††††† NAC 483.423  Applicability of provisions. (NRS 483.220, 483.383)  The provisions of NAC 483.423 to 483.455, inclusive, apply to a person who is residing in this State at the time the person applies to renew his or her driverís license by mail.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97; A by R107-08, 9-29-2008, eff. 10-1-2008)

††††† 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 driverís license of a licensee expires, determine whether the licensee is eligible to apply for the renewal of the driverís license by mail pursuant to NAC 483.430.

†††† 2.  If a licensee is eligible to apply for the renewal of the driverís 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 or her driverís license by mail;

†††† (b) An application for the renewal of his or her driverís 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 votersí register.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-29-95)

††††† NAC 483.430  Eligibility. [Effective through December 31, 2017.] (NRS 483.220, 483.383)

†††† 1.  Except as otherwise provided in subsection 2, a holder of a driverís license is eligible to apply for the renewal of the license by mail if the holder of the driverís license:

†††† (a) Is 65 years of age or older; or

†††† (b) Will be issued a driverís license for a 4-year period.

†††† 2.  A holder of a driverís license is not eligible to apply for the renewal of the license by mail if:

†††† (a) Except as otherwise provided in subsection 2 of NAC 483.4575, the holder previously renewed the license and the immediately preceding time that it was renewed the renewal was completed by mail;

†††† (b) The license is a commercial driverís license;

†††† (c) At the time the Department mails to the applicant the expiration notice required pursuant to NRS 483.382, an examination of the applicantís 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 or her driverís license or privilege to drive in that jurisdiction is suspended, revoked or cancelled or that his or her application for a driverís license in that jurisdiction has been denied;

†††† (d) The license is subject to any restriction requiring a yearly vision examination, medical examination, knowledge test or driving test, or any combination thereof, or flagged for a written test pursuant to NAC 483.458;

†††† (e) The holder is 71 years of age or older, unless he or she 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;

†††† (f) The holder has been convicted of three or more traffic violations within the 4 years immediately preceding the date of expiration of the license;

†††† (g) The license is a restricted driverís license issued pursuant to NRS 483.490;

†††† (h) The holderís full legal name is listed in the records of the Department as a person who must renew his or her driverís license in person because the Department believes that the information contained on the driverís license may be incorrect or that the license may have been issued as a result of fraud or mistake;

†††† (i) The license is a limited-term driverís license; or

†††† (j) The holder wishes to change or correct any information on his or her driverís license pursuant to NAC 483.055 to 483.070, inclusive, or 483.0789.

†††† 3.  A statement or report submitted pursuant to paragraph (e) of subsection 2 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.

†††† 4.  As used in this section, ďtraffic violationĒ has the meaning ascribed to it in NRS 483.473.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-29-95; A by R014-97, R015-97 & R134-97, 11-14-97; A by Depít of Motor Veh. by R105-04, 8-2-2004; R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013; R141-12, 11-1-2012, eff. 1-28-2013; R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.430  Eligibility. [Effective January 1, 2018.] (NRS 483.220, 483.383)

†††† 1.  Except as otherwise provided in subsection 2, a holder of a driverís license is eligible to apply for the renewal of the license by mail if the holder of the driverís license is 65 years of age or older.

†††† 2.  A holder of a driverís license is not eligible to apply for the renewal of the license by mail if:

†††† (a) Except as otherwise provided in subsection 2 of NAC 483.4575, the holder previously renewed the license and the immediately preceding time that it was renewed the renewal was completed by mail;

†††† (b) The license is a commercial driverís license;

†††† (c) At the time the Department mails to the applicant the expiration notice required pursuant to NRS 483.382, an examination of the applicantís 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 or her driverís license or privilege to drive in that jurisdiction is suspended, revoked or cancelled or that his or her application for a driverís license in that jurisdiction has been denied;

†††† (d) The license is subject to any restriction requiring a yearly vision examination, medical examination, knowledge test or driving test, or any combination thereof, or flagged for a written test pursuant to NAC 483.458;

†††† (e) The holder is 71 years of age or older, unless he or she 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;

†††† (f) The holder has been convicted of three or more traffic violations within the 4 years immediately preceding the date of expiration of the license;

†††† (g) The license is a restricted driverís license issued pursuant to NRS 483.490;

†††† (h) The holderís full legal name is listed in the records of the Department as a person who must renew his or her driverís license in person because the Department believes that the information contained on the driverís license may be incorrect or that the license may have been issued as a result of fraud or mistake;

†††† (i) The license is a limited-term driverís license; or

†††† (j) The holder wishes to change or correct any information on his or her driverís license pursuant to NAC 483.055 to 483.070, inclusive, or 483.0789.

†††† 3.  A statement or report submitted pursuant to paragraph (e) of subsection 2 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.

†††† 4.  As used in this section, ďtraffic violationĒ has the meaning ascribed to it in NRS 483.473.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-29-95; A by R014-97, R015-97 & R134-97, 11-14-97; A by Depít of Motor Veh. by R105-04, 8-2-2004; R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013; R141-12, 11-1-2012, eff. 1-28-2013; R028-13, 10-23-2013, eff. 1-1-2014; R028-13, 10-23-2013, eff. 1-1-2018)

††††† NAC 483.435  Application for renewal. (NRS 483.220, 483.383)

†††† 1.  Each application for the renewal of a driverís 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 Driversí Licenses By Mail, 555 Wright Way, Carson City, Nevada 89711-0450;

†††† (c) Be accompanied by the fees required pursuant to NRS 483.410 and NAC 483.900;

†††† (d) Include the full legal name, date of birth, driverís license number, mailing address and address of principal residence of the applicant; and

†††† (e) Include such other information as the Department may require.

†††† 2.  At the time he or she applies for the renewal of his or her driverís license by mail, an applicant may change his or her mailing address or address of principal residence as it appears on the driverís license.

†††† 3.  The Department will include on the application for the renewal of a driverís license by mail the opportunity for the applicant to indicate on his or her renewed driverís license that the applicant wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, or that the applicant refuses to make an anatomical gift of his or her body or part of his or her body.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Depít of Motor Veh. by R112-03, 10-30-2003; R105-04, 8-2-2004; R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 driverís license by mail and require the applicant to renew the license in person at an office of the Department if:

†††† (a) The applicant indicates on his or her application that he or she suffers from a physical or mental condition which may interfere with the applicantís ability to operate a motor vehicle safely;

†††† (b) The applicant wishes to change or correct any information on the driverís license pursuant to NAC 483.055 to 483.070, inclusive, or 483.0789;

†††† (c) The applicant wishes to add an endorsement to or change the classification of the driverís license;

†††† (d) The applicantís driverís license has been stolen, lost or destroyed;

†††† (e) The applicant is not eligible to apply for the renewal of his or her driverís license by mail pursuant to NAC 483.430;

†††† (f) The applicant submits his or her application for the renewal of his or her driverís license by mail 30 days or more after the expiration of the driverís license; or

†††† (g) The Department has not obtained the applicantís digital image and signature required for the production of a renewed driverís license.

†††† 2.  Except as otherwise provided in paragraph (e) of subsection 2 of NAC 483.430, to renew his or her driverís license by mail, a qualified applicant is not required to complete an examination of his or her vision, a written examination or a driving examination.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-29-95; A by R014-97, 11-14-97; A by Depít of Motor Veh. by R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013; R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.445  Renewed driverís license: Issuance; express delivery service. (NRS 483.220, 483.383)

†††† 1.  The Department will issue a renewed driverís license, by mail, to each qualified applicant upon the renewal of the driverís license.

†††† 2.  An applicant who applies to renew his or her driverís license by mail and who requests express delivery service of the driverís license must pay to the Department the actual costs of that service.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Depít of Motor Veh. by R105-04, 8-2-2004; R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.451  Renewed driverís license: Failure to receive from Department. (NRS 483.220, 483.383)

†††† 1.  If, not less than 30 days after the Department issues a renewed driverís license by mail, the applicant notifies the Department that he or she has not received the renewed driverís license and the Department determines that the current mailing address of the applicant is the mailing address that the applicant listed on his or her application, the Department will mail a duplicate driverís license to the applicant at no charge.

†††† 2.  If the applicant notifies the Department pursuant to subsection 1 that he or she has not received the renewed driverís license 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 for the renewal of his or her driverís license.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Depít of Motor Veh. by R105-04, 8-2-2004; R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.455  Renewed driverís license: Period of validity; loss, theft or destruction. (NRS 483.220, 483.383)

†††† 1.  A driverís license which is renewed by mail is valid until the date on which the license is set to expire as determined pursuant to NAC 483.043.

†††† 2.  If a renewed driverís license is lost, stolen or destroyed, the licensee must apply to the Department for a duplicate driverís license. The duplicate driverís license expires on the same date as the renewed driverís license.

†††† 3.  The Department will charge and collect the fee prescribed for a duplicate license in NRS 483.410 and NAC 483.900 for a driverís license issued pursuant to subsection 2.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Depít of Motor Veh. by R105-04, 8-2-2004; R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013)

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 or she applies for a driverís license by mail.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)

††††† NAC 483.4565  Application for renewal; action by Department. (NRS 483.220, 483.383)

†††† 1.  A person may apply for a driverís license by mail by submitting to the Department an application provided by the Department.

†††† 2.  Each application must be accompanied by the required fees.

†††† 3.  If the application is for a renewal of a driverís 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 driverís 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 applicantís full legal name, address of principal residence and driverís license 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 the applicant 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.  Each application must be submitted to a driverís license office of this State.

†††† 5.  Each applicant will be given the opportunity to register to vote or to correct information in the registrar of votersí register.

†††† 6.  The Department will, within 10 business days after receiving the application:

†††† (a) Mail a driverís license to the applicant;

†††† (b) Request additional information from the applicant; or

†††† (c) Deny the application.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97; A by Depít of Motor Veh. by R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 driverís license by mail by comparing the applicantís signature on his or her application with the signature on the applicantís current driverís 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 Depít 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 driverís license from this State and is temporarily residing outside this State is eligible to obtain his or her license by mail unless:

†††† (a) The personís license or driving privilege is suspended, revoked, cancelled or denied;

†††† (b) The person holds a commercial driverís license;

†††† (c) Except as otherwise provided in subsection 2, the personís license has been expired for over 1 year;

†††† (d) Except as otherwise provided in subsection 2, the person previously renewed the license and the immediately preceding time that it was renewed the renewal was completed by mail;

†††† (e) Except as otherwise provided in subsection 2, the person is required to take a driving test;

†††† (f) The person wishes to change or correct any information on the license pursuant to NAC 483.055 to 483.070, inclusive; or

†††† (g) The license is a limited-term driverís license.

†††† 2.  The Department may renew, by mail, the driverís license of any applicant who is employed by the Federal Government, is on active military duty or is the dependent of such a person and will place a notation in the applicantís record indicating that when the applicant returns to this State he or she must be tested if:

†††† (a) The applicant has not requested to change or correct any information on the driverís license pursuant to NAC 483.055 to 483.070, inclusive; and

†††† (b) The applicant has renewed the driverís license in person at least once during the 16 years immediately preceding the request for renewal by mail.

†††† 3.  A person whose driving privilege has been suspended, cancelled, revoked or denied may obtain his or her driverís license by mail after the personís driving privilege has been reinstated.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97; A by Depít of Motor Veh. by R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 driverís license by mail that has been expired for 30 days or more, unless:

†††† 1.  The application was postmarked before the license had been expired for 30 days;

†††† 2.  The application 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 Depít of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97; A by Depít of Motor Veh. by R107-08, 9-29-2008, eff. 10-1-2008)

††††† NAC 483.459  Requests by Department for additional information. (NRS 483.220, 483.383)

†††† 1.  An application for a driverís 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 if:

†††† (a) Proof of residence is required;

†††† (b) No fee or an insufficient fee was submitted with the application;

†††† (c) Proof of the applicantís military status or employment by the Federal Government is required;

†††† (d) Additional information is needed to locate the driving record of the applicant;

†††† (e) There is a discrepancy between the social security number submitted by the applicant and the social security number on the applicantís driving record;

†††† (f) The applicant is licensed to drive in another state;

†††† (g) 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

†††† (h) The applicantís driverís 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 Depít of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97; A by Depít of Motor Veh. by R107-08, 9-29-2008, eff. 10-1-2008; R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 or her driverís license by mail notifies the Department that the person has not received the driverís license within 30 days after the driverís license was mailed and the Department determines that:

†††† (a) The applicant did not change his or her mailing address, the Department will process and mail another driverís license at no charge to the applicant.

†††† (b) The applicant has changed his or her mailing address, the applicant must apply for a duplicate driverís license and pay the applicable fee for the duplicate driverís license.

†††† 2.  If an applicant has lost, mutilated or destroyed his or her driverís license, the applicant must apply for a duplicate driverís license and pay the fee for the duplicate driverís license.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R135-97, eff. 11-14-97)

CANCELLATION, SUSPENSION, REVOCATION AND VOLUNTARY SURRENDER OF LICENSES

††††† NAC 483.461  ďWithdrawnĒ defined. (NRS 483.220)  As used in NAC 483.461 to 483.495, inclusive, unless the context otherwise requires, ďwithdrawnĒ means a formal action taken by the Department to remove the driving privileges of a person.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R124-07, 1-30-2008)

††††† NAC 483.4615  Interpretation of certain statutory terms. (NRS 481.051, 483.220)  As used in NRS 483.480, the Department interprets:

†††† 1.  ďArises out of the same offenseĒ to mean an offense for which a license was previously revoked or suspended and subsequently reinstated or any offense that is the natural result of such an offense.

†††† 2.  ďOffenseĒ to mean a violation of any state or local law.

†††† (Added to NAC by Depít of Motor Veh. by R141-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.462  Submission to Department of certain records of conviction: Method of submission; contents of record. (NRS 483.220, 483.450)  A record of conviction required by NRS 483.450 must be submitted to the Department in written or electronic format by the court in which the person is convicted. The record must contain, in a form prescribed by the Department, at least the following information unless it is not available:

†††† 1.  The name and address of the court;

†††† 2.  The number of the case;

†††† 3.  The number of the citation;

†††† 4.  The date and time the citation was issued or the arrest was made;

†††† 5.  The full legal name and last known address of principal residence of the person convicted;

†††† 6.  The driverís license number of the person convicted;

†††† 7.  The date of the conviction;

†††† 8.  A description of the violation and a reference to the statute under which the person is convicted;

†††† 9.  Whether or not the person was the holder of a commercial driverís license at the time of the issuance of the citation;

†††† 10.  Whether or not the person was operating a commercial motor vehicle or transporting hazardous materials at the time of the issuance of the citation; and

†††† 11.  If the conviction is for a violation of a vehicle registration requirement, the license plate number or vehicle identification number of the vehicle that is registered to or owned by the person which is in violation of the vehicle registration requirement.

†††† (Added to NAC by Depít of Motor Veh. by R124-07, eff. 1-30-2008; A by R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.463  Notification of Department when certain drivers are released from imprisonment or placed on parole or residential confinement; resumption and setting aside of period of revocation. (NRS 209.517, 213.12185, 481.051, 483.220, 483.460)

†††† 1.  The notice required by NRS 209.517 and 213.12185 must be submitted to the Department within 10 days after the driverís release from imprisonment or the date on which the driver is placed on parole or residential confinement. The notice must be submitted in written or electronic format and must contain, in a form prescribed by the Department, at least the following information:

†††† (a) The name and contact information of the agency submitting the notice;

†††† (b) The full legal name and address of principal residence of the person convicted;

†††† (c) The date of birth of the person convicted;

†††† (d) The date of the driverís completion of a sentence of imprisonment or the date on which the driver is placed on parole or residential confinement;

†††† (e) The number of the case;

†††† (f) The date the citation was issued or the arrest was made; and

†††† (g) The name and address of the court in which the person was convicted.

†††† 2.  The period of revocation during which a driver is not eligible for a license, permit or privilege to drive pursuant to NRS 483.460 resumes upon the receipt by the Department of the notice described in subsection 1.

†††† 3.  Upon receipt of a notice informing the Department that a driver has had his or her parole revoked or a term of residential confinement rescinded, the Department will set aside the period of revocation during which the driver is not eligible for a license, permit or privilege to drive. The notice must contain the date of incarceration and comply with the requirements of subsection 1.

†††† (Added to NAC by Depít of Motor Veh. by R124-07, 1-30-2008, eff. 3-1-2008; A by R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 driverís license that was previously withdrawn and reinstated for the same offense;

†††† (b) Any change made to a driverís license at the time of reinstatement;

†††† (c) The issuance of a duplicate driverís license after the suspension of the license; or

†††† (d) The reinstatement of a driverís 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 Depít 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 driverís 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 driverís license, except for a missing or an incorrect license endorsement.

†††† 2.  An applicant who successfully completes a knowledge test for a commercial driverís license may not be required to complete a knowledge test for a noncommercial driverís license.

†††† 3.  The Department will waive the driving skills test when reinstating a driverís 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 484C.220.

†††† (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 or her license by mail for the purpose of obtaining a license in another state.

†††† 4.  The Department will waive the vision test when reinstating a driverís 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 Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít 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 or her driverís license in, but not limited to, the following instances:

†††† (a) The applicant 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) The applicant 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) The applicant has been involved in more than one accident in which he or she was at fault during the 1-year period immediately preceding the date of reinstatement;

†††† (d) The applicant is applying for an upgrade in the type or classification of his or her license;

†††† (e) The applicant is applying for an additional endorsement not on the license which was withdrawn that requires a driving skills test;

†††† (f) The license has been expired for 1 year or more;

†††† (g) The license has been withdrawn for 1 year or more; or

†††† (h) 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 or her driverís license in, but not limited to, the following instances:

†††† (a) The applicant 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) The applicant 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) The applicant is applying for an upgrade in the type or classification of his or her license;

†††† (d) The applicant is applying for an additional endorsement on his or her license which was withdrawn that requires a knowledge test;

†††† (e) The license has been expired for 1 year or more;

†††† (f) The license has been withdrawn for 1 year or more; or

†††† (g) The license was withdrawn because of the failure of the applicant to complete a knowledge test.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by R064-00, 8-14-2000; A by Depít of Motor Veh. by R216-08, 12-17-2008)

††††† 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 driverís license pursuant to title 5 or chapter 483, 484A to 484E, inclusive, 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 driverís license set forth in NAC 483.471 and 483.475;

†††† (b) Provide any additional information requested by the Department for the evaluation of the applicantís 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 driverís license, but an applicant reinstates only a noncommercial driverís license, the commercial driverís license remains withdrawn until the applicant satisfies the applicable requirements for reinstatement of his or her commercial driverís license.

†††† [Depít of Motor Veh., Restricted License Reg. ß VIII, eff. 4-29-82]ó(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 driverís license or award credit against the period of revocation if the action resulted from:

†††† (a) Incorrect information on the driverís 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 driverís license resulted from a statement of the court that the court seized a personís driverís 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 driverís license by the Department.

†††† 3.  If an investigation conducted by the Division of Compliance Enforcement of the Department indicates that a conviction has been recorded on the driving record of a person who is the victim of identity theft, or the subject of an action to withdraw a driverís license is a victim of identity theft, and is not the actual person identified on the report of conviction or by a law enforcement agency at the time of the report, the Department will remove the conviction and terminate or rescind the action to withdraw a driverís license.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R218-03, 2-18-2004; R216-08, 12-17-2008)

††††† 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 or her driverís 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) The personís 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 Depít 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)

†††† 1.  Driving privileges must be cancelled when a license is voluntarily surrendered for the following reasons:

†††† (a) Release from liability by a person pursuant to NRS 483.310; or

†††† (b) Confidential medical reasons.

†††† 2.  Except as otherwise provided in subsection 3, a person who voluntarily surrenders his or her license to the Department for confidential medical reasons may obtain an identification card at no charge.

†††† 3.  Before obtaining an identification card pursuant to subsection 2, a person who voluntarily surrenders his or her driver authorization card to the Department must submit the documentation required pursuant to NAC 483.050.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 1-1-2014)

††††† NAC 483.495  Requirements for obtaining new license after cancellation of minorís 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 or her 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 the personís physical and mental ability to operate a motor vehicle safely.

  A person who voluntarily surrenders his or her 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 Depít 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 personís 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.

†††† [Depít of Motor Veh., Demerit Points Reg. ß II, eff. 4-29-82]ó(NAC A by Depít 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 484B.617...................................................................................................................

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

†††† [Depít of Motor Veh., Demerit Points Reg. ß IV, eff. 4-29-82]ó(NAC A 9-5-84; A by Depít of Motor Veh. & Pub. Safety, 7-16-85, eff. 8-1-85; 12-15-94; R136-97, 11-14-97; A by Depít 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 or her 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 or her file.

†††† 5.  The Department will only release information under the conditions specified in the Fair Credit Reporting Act, 15 U.S.C. ßß 1681 et seq., as that Act reads on October 29, 1981.

†††† [Depít of Motor Veh., Demerit Points Reg. ß V, eff. 4-29-82]ó(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.  ďDenialĒ means the denial by the Department of the issuance of an original driverís 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.  ďOriginal driverís license or instruction permitĒ means:

†††† (a) The first issuance of a driverís license or instruction permit to an applicant in this State; or

†††† (b) The issuance of a driverís license or instruction permit in this State to an applicant who held a driverís license or instruction permit in this State, but surrendered the driverís license or instruction permit in another state.

†††† 3.  ďRefusalĒ means the refusal of the Department to issue a driverís license or instruction permit, other than an original driverís license or instruction permit, to a person who is not qualified to receive such a driverís license or permit pursuant to the provisions of NAC 483.550 to 483.565, inclusive.

†††† (Added to NAC by Depít 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. (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, ďAbridged Listing of the American Association of Motor Vehicle Administrators Violations Exchange Code, Used by the NDR for Recording Driver License Denials, Withdrawals, and Convictions of Motor Vehicle-Related Offenses,Ē as those provisions existed on April 1, 2007, and any subsequent amendments to those provisions. A copy of the provisions of 23 C.F.R. Part 1327.5 and Appendix A to Part 1327 may be obtained by mail from the Superintendent of Documents, United States Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by telephone at (866) 512-1800, for the price of $45.

†††† 2.  As used in 23 C.F.R. Part 1327.5 (a), ďfor causeĒ 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.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R013-97, eff. 11-14-97; A by Depít of Motor Veh. by R216-08, 12-17-2008)

††††† 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 by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by telephone at (866) 512-1800, for the price of $52.

†††† (Added to NAC by Depít 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 the personís 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 or her driverís license or privilege to drive in that jurisdiction is suspended, revoked or cancelled or his or her application for a driverís license in that jurisdiction has been denied.

†††† (Added to NAC by Depít 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 holderís participation in the investigation.

†††† (Added to NAC by Depít 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 Depít of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; A by Depít of Motor Veh. by R157-01, 8-27-2002; R009-08, 6-17-2008)

††††† NAC 483.712  ďBehind-the-wheel trainingĒ defined. (NRS 481.051)  ďBehind-the-wheel trainingĒ 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 Depít of Motor Veh. & Pub. Safety by R150-98, eff. 9-25-98)

††††† NAC 483.7125  ďBranch locationĒ defined. (NRS 481.051)  ďBranch locationĒ 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 Depít of Motor Veh. by R157-01, eff. 8-27-2002)

††††† NAC 483.713  ďCentral RepositoryĒ defined. (NRS 481.051)  ďCentral RepositoryĒ means the Central Repository for Nevada Records of Criminal History.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R150-98, eff. 9-25-98)

††††† NAC 483.714  ďClassroom instructionĒ defined. (NRS 481.051)  ďClassroom instructionĒ 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 Depít of Motor Veh. & Pub. Safety by R150-98, eff. 9-25-98; A by Depít of Motor Veh. by R157-01, 8-27-2002)

††††† NAC 483.7143  ďClassroom instruction to a person who is under 18 years of ageĒ defined. (NRS 481.051)  ďClassroom instruction to a person who is under 18 years of ageĒ 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 Depít of Motor Veh. by R157-01, eff. 8-27-2002)

††††† NAC 483.7146  ďCommunications technologyĒ defined. (NRS 481.051)  ďCommunications technologyĒ has the meaning ascribed to it in NRS 483.725.

†††† (Added to NAC by Depít of Motor Veh. by R157-01, eff. 8-27-2002)

††††† NAC 483.715  ďCourseĒ defined. (NRS 481.051)  ďCourseĒ 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 Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by Depít of Motor Veh. by R157-01, 8-27-2002)

††††† NAC 483.720  ďEstablished place of businessĒ defined. (NRS 481.051)  ďEstablished place of businessĒ 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 Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by Depít of Motor Veh. by R157-01, 8-27-2002)

††††† NAC 483.725  ďInstructorĒ defined. (NRS 481.051)  ďInstructorĒ means a person who is licensed by the Department to teach a course in a school for drivers.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; A by Depít of Motor Veh. by R157-01, 8-27-2002)

††††† NAC 483.727  ďInstructor traineeĒ defined. (NRS 481.051)  ďInstructor traineeĒ 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 Depít of Motor Veh. by R157-01, eff. 8-27-2002)

††††† NAC 483.730  ďOperatorĒ defined. (NRS 481.051)  ďOperatorĒ 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 Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by Depít of Motor Veh. by R157-01, 8-27-2002)

††††† NAC 483.733  ďSchool for driversĒ defined. (NRS 481.051)  ďSchool for driversĒ 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 Depít of Motor Veh. by R157-01, eff. 8-27-2002)

††††† NAC 483.735  ďSchool for training driversĒ defined. (NRS 481.051)  ďSchool for training driversĒ 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 driverís license or learnerís permit required by the Department to operate a motor vehicle.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by Depít of Motor Veh. by R157-01, 8-27-2002)

††††† NAC 483.740  ďStudentĒ defined. (NRS 481.051)  ďStudentĒ means a person enrolled in a school for drivers which is licensed by the Department.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by Depít 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 or she 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 the person 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 Depít of Motor Veh., eff. 9-5-84; A 12-27-93; 9-6-96; R157-01, 8-27-2002)ó(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.

†††† [Depít of Motor Veh., Traffic Safety School Reg. ß III, eff. 4-29-82]ó(NAC A 9-5-84; 7-29-86; 12-27-93; 9-6-96; R157-01, 8-27-2002)ó(Substituted in revision for NAC 483.600)

††††† NAC 483.748  Application for license as operator: Federal identification number and electronic mail address. (NRS 481.051)  An application for a license or the renewal of a license to operate a school for drivers must include the federal identification number and an electronic mail address of the applicantís business.

†††† (Added to NAC by Depít of Motor Veh. by R009-08, eff. 6-17-2008)

††††† 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 full legal name and address of principal residence 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 or her 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 or her 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.097; 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, the applicant 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 applicantís honesty and integrity which the Department considers necessary.

†††† 3.  An operator shall include in the application the address of each place where the operator conducts business and the name under which he or she does business at each address. If an operator does business at more than one address, the operator shall designate one address as his or her principal place of business and one name as the principal name of the business. The operator shall designate as branch locations all his or her 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 the applicant 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 or she 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 Depít 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 Depít of Motor Veh. by R157-01, 8-27-2002; R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 Depít 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 driverís 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 or her application, not less than 5 yearsí experience in the operation of commercial vehicles;

†††† (c) The applicantís:

††††††††† (1) Full legal name;

††††††††† (2) Date of birth;

††††††††† (3) Social security number and driverís license number; and

††††††††† (4) Address of principal residence;

†††† (d) The official name of the school at which the applicant will be an instructor;

†††† (e) A resume that summarizes the applicantís 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 applicantís 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 driving ability over a prescribed course established by the Department in the type of vehicle in which the applicant 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 or her application;

†††††††††††††† (II) Any convictions involving alcohol or controlled substances within the 3 years immediately preceding the date on which the applicant submitted his or her application; or

†††††††††††††† (III) Had the applicantís driverís license or driving privilege suspended or revoked within the 3 years immediately preceding the date on which the applicant submitted his or her application;

††††††††† (2) Be authorized to operate a vehicle of the classification necessary for the type of vehicle in which the applicant will be giving instruction; and

††††††††† (3) Submit evidence that the applicant has possessed, for at least 5 years, a driverís license of the classification necessary for the type of vehicle in which he or she 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) Driversí education or improvement; or

††††††††† (4) Some other closely related field approved by the Department.

†††† (b) Present proof to the Department that the applicant 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 or her knowledge, skills and abilities, and fitness for receiving a license.

†††† 6.  An instructor may transfer his or her license to another school after notifying the Department.

†††† 7.  An instructor must obtain a separate license for each school at which he or she 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 or her employment or contractual relationship with a school for drivers, the instructor shall surrender his or her 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 the instructor has been reemployed by a licensed school.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; A by Depít of Motor Veh. by R157-01, 8-27-2002; R140-12, 12-20-2012, eff. 1-15-2013)ó(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 applicantís 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 Depít of Motor Veh. & Pub. Safety, eff. 9-6-96; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(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.

†††† [Depít of Motor Veh., Traffic Safety School Reg. ß II, eff. 4-29-82]ó(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 Depít 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 applicantís fitness to instruct a course, if there is reason to believe that he or she 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 the instructor was notified of the requirement, the Department may temporarily suspend his or her 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) Applicantís 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 the applicant 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 the personís 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 or her license until he or she submits to a reexamination.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(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 or she 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 Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(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 full legal 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 the license in a conspicuous place on the premises of the school for which the license is issued.

†††† (Added to NAC by Depít. of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; R150-98, 9-25-98; A by Depít of Motor Veh. by R157-01, 8-27-2002; R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; R065-00, 8-21-2000; A by Depít 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 licenseeís continued professional education, training or experience.

†††† 2.  A licensee shall, during each 5-year period after the initial issuance of his or her 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 or her 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 the instructorís 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 instructorís license.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; R065-00, 8-21-2000; A by Depít 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.097; 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 Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; A by Depít 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.097; 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 or her 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 driverís license or driving privilege of the instructor following the instructorís 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 or her driverís 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 or her driverís 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 the licenseeís receipt of the directive.

†††† (Added to NAC by Depít 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 Depít of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; A by Depít of Motor Veh. by R157-01, 8-27-2002)

††††† NAC 483.7645  Surrender of suspended or revoked license; licensing of instructor whose driverís 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 driverís 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 instructorís 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 or her driverís license or driving privilege.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; R150-98, 9-25-98; A by Depít of Motor Veh. by R157-01, 8-27-2002)

††††† NAC 483.7651  Administrative fines: Imposition and amount; date due; failure to pay. (NRS 481.051, 483.767)

†††† 1.  The Department may impose an administrative fine of not less than $1,500 or more than $2,500 for any violation of NRS 483.700.

†††† 2.  For any other violation of NRS 483.700 to 483.780, inclusive, or any rule, regulation or order adopted or issued pursuant thereto, the Department may impose:

†††† (a) For a first offense, an administrative fine of not less than $100 or more than $500.

†††† (b) For a second offense, an administrative fine of not less than $500 or more than $1,000.

†††† (c) For a third offense, an administrative fine of not less than $1,000 or more than $1,500.

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

†††† 3.  For the purposes of determining whether an offense is a second or subsequent offense, a cease and desist order issued by the Department shall be deemed to be a first offense.

†††† 4.  A person against whom the Department has imposed an administrative fine shall pay the amount of the fine to the Department not later than the date specified in the notice of the violation, unless the person has requested a hearing pursuant to NRS 483.767.

†††† 5.  If a person fails to pay an administrative fine when due, the Director may:

†††† (a) Refuse to issue any license to the person pursuant to this chapter and chapter 483 of NRS; and

†††† (b) Suspend or revoke any license issued to the person pursuant to the provisions of this chapter and chapter 483 of NRS.

†††† (Added to NAC by Depít of Motor Veh. by R009-08, eff. 6-17-2008)

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 Depít 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 or she 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 or she 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.

  An hour must contain at least 50 minutes of instruction.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 12-27-93; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(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 or she 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 schoolís 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 or she 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 Depít of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; A by Depít 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 or her 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 Departmentís 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 Depít of Motor Veh. & Pub. Safety, eff. 12-27-93; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(Substituted in revision for NAC 483.658)

††††† NAC 483.770  Records; evaluation of training by student. (NRS 481.051)

†††† 1.  The holder of a license to operate a school for drivers shall:

†††† (a) Keep, at his or her principal place of business, all books and records, including student records, for all locations at which the holder does business;

†††† (b) Maintain the books and records for not less than 3 years after the books and records are created, even if he or she 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 full legal name and address of principal residence of the student;

†††† (b) The record of attendance of the student at each training session;

†††† (c) The instruction permit number or driverís license number of the student;

†††† (d) The full legal 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, ďbooks and recordsĒ includes, without limitation, all electronic records created by a school for drivers providing an interactive course that uses communications technology.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; R150-98, 9-25-98; A by Depít of Motor Veh. by R157-01, 8-27-2002; R140-12, 12-20-2012, eff. 1-15-2013)

††††† 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 ďStateĒ 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 driverís license;

†††† (b) The school has the capacity to influence the Department in the issuance of driversí 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 Depít of Motor Veh. & Pub. Safety, eff. 9-13-85; A 11-9-95; R150-98, 9-25-98; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(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 or her 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 Depít of Motor Veh. & Pub. Safety by R150-98, 9-25-98, eff. 10-1-98; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(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 driverís 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 personís 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 or her 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 Depít of Motor Veh. & Pub. Safety, eff. 11-9-95; A by R150-98, 9-25-98; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(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 484C.400, respectively; and

†††† (e) Be submitted to the Department for approval before their use in any course, including a course provided by correspondence or an interactive course that uses communications technology. All materials for a course, whether written or audio or visual, must relate directly to the syllabus of the course.

†††† 2.  An instructor of a course may use:

†††† (a) Audio and visual aids;

†††† (b) Motion pictures and printed materials if they relate directly to the curriculum; and

†††† (c) Speakers who are guests.

†††† 3.  The operator of a school must obtain the written approval of the Department before allowing a speaker who is a guest to present any part of the course. A presentation by an approved speaker who is a guest may be no more than one-half of any session of a class and no more than 1 1/2 hours of the total length of the course. The presentations of all speakers who are guests may not exceed 4 hours of the total time allotted for the entire course. A guest speaker need not be licensed as an instructor by the Department.

†††† 4.  An applicant for approval of a guest as a speaker for a course must:

†††† (a) Apply for and obtain written approval from the Department; and

†††† (b) Provide the school with a written statement signed by the speaker acknowledging that he or she agrees to comply with the provisions of this chapter.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(Substituted in revision for NAC 483.635)

††††† NAC 483.778  Courses taught by correspondence; interactive courses that use communications technology. (NRS 481.051, 483.725)

†††† 1.  A school for drivers may teach a course by correspondence only if the school is approved by the Department for teaching the course in the classroom.

†††† 2.  A school for training drivers may teach an interactive course that uses communications technology only if:

†††† (a) The school for training drivers is approved by the Department for teaching the course in the classroom; and

†††† (b) The communications technology system is approved by the Department.

†††† 3.  A course given by correspondence or an interactive course that uses communications technology must have the same content as the course given in the classroom and:

†††† (a) If given by correspondence, must entail at least 8 hours of study for its completion by an average student; or

†††† (b) If given by communications technology, must consist of a sequence of units of instruction, each of which entails at least as many hours of study for its completion by an average student as such a student would require to complete that unit in a classroom.

†††† 4.  Before the Department will approve any specific communications technology for use in a school for training drivers, the school for training drivers must satisfy the Department that:

†††† (a) The communications technology accurately measures and records the amount of time spent by a student to complete a unit of instruction, and that the student will be required to take the final examination for the course in person at the place of business of the school for training drivers; or

†††† (b) The communications technology:

††††††††† (1) Accurately measures and records the amount of time spent by a student to complete a unit of instruction;

††††††††† (2) Prevents a student working on one unit of instruction of a course from advancing to a subsequent unit of instruction if the student:

†††††††††††††† (I) Fails to complete the current unit; or

†††††††††††††† (II) Completes the current unit in less time than required in the course syllabus;

††††††††† (3) Includes a system of validation criteria that:

†††††††††††††† (I) Establishes the identity of the student working on each unit of instruction; and

†††††††††††††† (II) Prevents a student who fails to satisfy 10 percent or more of the validation criteria from:

†††††††††††††††††† (i) Performing any additional work on that unit; and

†††††††††††††††††† (ii) Receiving a certificate of completion for the course; and

††††††††† (4) Generates a report that includes, without limitation, for each student:

†††††††††††††† (I) The full legal name of the student;

†††††††††††††† (II) The date and time that the student begins and ends each work session; and

†††††††††††††† (III) The total actual time spent by a student to complete each unit.

†††† 5.  The operator of a school for drivers must submit a report to the Department whenever a student enrolls in a course taught by correspondence or an interactive course that uses communications technology at the referral of the Department, a court or other entity. The report must include the full legal name of the student, his or her social security number, date of birth and address of principal residence and the name of the entity that referred the student to the school.

†††† 6.  Each student enrolled in a course taught by correspondence or an interactive course that uses communications technology must take a final examination and, except as otherwise provided in this section, sign a notarized statement, under penalty of perjury, that the student took the examination. If the student is under 18 years of age, a parent or legal guardian must sign the statement. The examination and the signed statement must be maintained in the schoolís file for the student and be made available for inspection by the Department.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 12-27-93; A by Depít of Motor Veh. by R157-01, 8-27-2002; R140-12, 12-20-2012, eff. 1-15-2013)ó(Substituted in revision for NAC 483.636)

††††† NAC 483.782  Courses on abuse of alcohol and controlled substances: Required subjects of instruction; examinations. (NRS 481.051)

†††† 1.  A course on the abuse of alcohol and controlled substances must include instruction in the following subjects:

†††† (a) The problem of driving under the influence of intoxicating liquor or controlled substances as it exists in this State and the United States, including relevant statistics;

†††† (b) The law against driving under the influence of intoxicating liquor or controlled substances in this State, including penalties, the specific prohibition against driving with a concentration of 0.08 grams or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath, implied consent to a test of a driverís breath, blood or urine, summary revocation of driversí licenses and related matters;

†††† (c) The responsibilities and procedures of law enforcement agencies, the courts and the Department regarding driving under the influence of intoxicating liquor or controlled substances;

†††† (d) The adverse effects of alcohol and controlled substances on bodily organs and the central nervous system, including the effects of abuse and addiction;

†††† (e) The adverse effects of alcohol and controlled substances on a personís ability to drive;

†††† (f) The possible effects of a conviction for driving under the influence of intoxicating liquor or controlled substances on a personís employment and personal life; and

†††† (g) The types of treatment that are available for abusers of alcohol and controlled substances.

†††† 2.  The time of instruction in a course on the abuse of alcohol and controlled substances must include subjects relating to:

†††† (a) The abuse of alcohol and controlled substances; and

†††† (b) Traffic safety and traffic laws that are primarily applicable to driving under the influence of intoxicating liquor or controlled substances.

†††† 3.  The instructor of a course on the abuse of alcohol and controlled substances:

†††† (a) May administer a preliminary written examination at the first meeting of the class to determine the knowledge of each student regarding driving under the influence of intoxicating liquor or controlled substances and the abuse of alcohol, controlled substances and other chemicals; and

†††† (b) Shall administer a final written or oral examination, at least half of which is directly related to driving under the influence of intoxicating liquor or controlled substances.

†††† (Added to NAC by Depít of Motor Veh. by R157-01, eff. 8-27-2002; A by R069-03, 9-12-2003, eff. 9-23-2003)

††††† NAC 483.783  Courses on traffic safety: Required subjects of instruction. (NRS 481.051)  A course on traffic safety must include instruction in the following subjects:

†††† 1.  The common sense of driving;

†††† 2.  Use and maintenance of required safety equipment;

†††† 3.  Defensive driving;

†††† 4.  Established speed laws;

†††† 5.  Proper use of lanes;

†††† 6.  Backing up safely;

†††† 7.  Intersection etiquette;

†††† 8.  Passing;

†††† 9.  The various demands of driving in the city, country or on the highway;

†††† 10.  Hazardous conditions;

†††† 11.  The effect of alcohol and controlled substances on the ability to drive;

†††† 12.  Driver responsibility;

†††† 13.  Traffic signs, signals and pavement markings;

†††† 14.  Licensing control measures; and

†††† 15.  Driving as a privilege rather than a right.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; R210-99, 12-13-99; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(Substituted in revision for NAC 483.634)

††††† NAC 483.786  Courses on abuse of alcohol and controlled substances and on traffic safety: Attendance and completion. (NRS 481.051, 483.725)

†††† 1.  A student enrolled in a course on the abuse of alcohol and controlled substances or a course on traffic safety may:

†††† (a) Be considered absent if late for a class and be reassigned to another class or course;

†††† (b) Leave the class only during designated periods of rest, except in an emergency;

†††† (c) Not arrive late or leave early from a class;

†††† (d) Be excluded or expelled from any class by an instructor for disruptive behavior and not receive credit for attendance at that class; and

†††† (e) Be admitted to another course, with such conditions of reenrollment, attendance and additional costs as may be determined by the school.

†††† 2.  A student enrolled in a course on the abuse of alcohol and controlled substances:

†††† (a) Shall complete the course within the time ordered by the court and attend all classes in a course;

†††† (b) Must be reassigned to a subsequent session upon any failure to complete a session within a course; and

†††† (c) Must be excluded without credit for attendance in any class if, in the instructorís best judgment, the student is, during a class, impaired as a result of the use of alcohol, a controlled substance or other chemical.

†††† 3.  A student enrolled in a course on traffic safety must receive classroom instruction, including, without limitation, instruction using communications technology, for not less than:

†††† (a) Five hours, if the student has been convicted of two or fewer violations within a 12-month period; and

†††† (b) Eight hours, if the student has been convicted of three or more violations within a 12-month period.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 12-27-93; A 9-6-96; A by Depít of Motor Veh. by R157-01, 8-27-2002)ó(Substituted in revision for NAC 483.643)

††††† NAC 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. (NRS 481.051, 483.220, 483.475)

†††† 1.  After a course on traffic safety is completed, the operator of the school conducting the course shall submit to the Department, on a form approved by the Department, the following information concerning each student who completed the course:

†††† (a) Full legal name;

†††† (b) Address of principal residence;

†††† (c) Driverís license number;

†††† (d) Date of birth;

†††† (e) Course;

†††† (f) The date on which the student completed the course;

†††† (g) Test score;

†††† (h) License number of the school;

†††† (i) Whether the student had any traffic violations pending at any time during his or her enrollment in the course;

†††† (j) Whether the studentís enrollment in the course was in conjunction with any type of plea agreement or a condition of sentencing;

†††† (k) Information concerning previous courses the student has enrolled in and completed within the 12-month period immediately preceding the studentís enrollment in this course, including the name and location of the schools attended and the dates of enrollment and completion; and

†††† (l) The instructorís printed name and signature.

†††† 2.  The form must be mailed to the Department of Motor Vehicles, Central Services and Records Division, 555 Wright Way, Carson City, Nevada 89711, Attention: Data Integrity.

†††† 3.  Except as otherwise provided in subsections 4 and 5, upon receipt of the form by the Department, three demerit points will be deleted from, credited to or not credited to the driverís demerit record pursuant to NRS 483.475.

†††† 4.  Three demerit points will not be deleted from, credited to or not credited to the demerit record of a student who:

†††† (a) Attended the course pursuant to a plea agreement;

†††† (b) Missed one or more class sessions; or

†††† (c) Failed to obtain a score of 70 percent or greater on the final examination.

†††† 5.  The Department may, in its discretion, decide that no demerit points will be deleted from or not credited to the driverís demerit record if the studentís enrollment was a condition of sentencing.

†††† 6.  A person is not eligible for the deletion of demerit points and may not otherwise receive credit for completing a traffic safety course more than once in any 12-month period.

†††† 7.  The operator of a school or other entity that offers a course on the abuse of alcohol and controlled substances shall submit a written report to the referring court for each student who enrolls in such a course at the referral of the court. The report must include:

†††† (a) The name and department of the court having jurisdiction of the student;

†††† (b) Whether the student successfully completed the course within the time ordered by the court; and

†††† (c) Any additional information required by order of the court.

†††† 8.  The operator of a school or other entity that offers a course on the abuse of alcohol and controlled substances or a course on traffic safety shall retain:

†††† (a) A copy of the reports and forms required pursuant to this section for each student;

†††† (b) Each studentís preliminary examination, if one is administered, and final examination, or the score on those examinations if administered orally;

†††† (c) Each studentís record of attendance in class;

†††† (d) Each studentís evaluation of the course and teacher; and

†††† (e) The agreement signed by any speaker who is a guest pursuant to NAC 483.777,

  for 3 years after the date on which the final class was held for the course to which it pertains.

†††† 9.  The documents which must be retained pursuant to subsection 8 are not public records but must be made available to a representative of the Department or Judicial System during any inspection of the school.

†††† 10.  The operator of a school or other entity that offers a course on the abuse of alcohol and controlled substances shall submit to the Department a written report that includes the:

†††† (a) Full legal name;

†††† (b) Address of principal residence;

†††† (c) Date of birth; and

†††† (d) Driverís license number, if available,

  of each student who enrolls in a course on the abuse of alcohol and controlled substances. The report must be submitted by the 10th day of the month immediately following the month in which the student enrolls in the course.

†††† 11.  A student enrolled in a course on traffic safety who fails to pass the final examination must wait at least 4 hours before he or she may retake the examination.

†††† [Depít of Motor Veh., Traffic Safety School Reg. ß VII, eff. 4-29-82]ó(NAC A 12-27-93; 9-6-96; R157-01, 8-27-2002; R140-12, 12-20-2012, eff. 1-15-2013)ó(Substituted in revision for NAC 483.650)

††††† NAC 483.7898  Courses in automobile driver education: Proof of and prerequisites for completion; retention of records by school. (NRS 481.051, 483.220, 483.250)

†††† 1.  The Department may accept the following as proof of successful completion of a course in automobile driver education offered by a public or private college, university or high school located in the United States that is subject to regulation by its respective state educational agency or governing board:

†††† (a) A written statement which indicates that the student has successfully completed a course in automobile driver education which includes the:

††††††††† (1) Full legal name of the student;

††††††††† (2) Date of birth of the student; and

††††††††† (3) Signature of the registrar or other member of the administrative staff of the school;

†††† (b) A school transcript; or

†††† (c) Any other form acceptable to the Department.

†††† 2.  The Department may accept a certificate of completion on a form approved by the Department as proof of successful completion of a course in automobile driver education that is offered by a school for training drivers which is licensed or approved by the Department and which includes the:

†††† (a) Official name of the school;

†††† (b) License number of the school;

†††† (c) Full legal name of the student;

†††† (d) Date of birth of the student;

†††† (e) Date that the course was completed;

†††† (f) Amount and type of training that was completed; and

†††† (g) Name and signature of the instructor who provided the training.

†††† 3.  For a person under the age of 18 years to receive credit for completion of classroom instruction of a course in automobile driver education:

†††† (a) The student must attend every session; or

†††† (b) If a student is absent, the absence must be marked on the attendance record and the student must make up the session that is missed.

†††† 4.  A school for training drivers that provides training to students as described in this section shall retain a copy or transcript of the record of each student under the age of 18 years for 3 years after the date of the completion of the course as evidence of the total hours of training the student has received.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R150-98, 9-25-98, eff. 10-1-98; A by R065-00, 8-21-2000; A by Depít of Motor Veh. by R157-01, 8-27-2002; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.7906  Courses in automobile driver education: Exceptions to requirement for proof of completion. (NRS 481.051, 483.220, 483.250)

†††† 1.  If an applicant for a driverís license who is under the age of 18 years attends a school that:

†††† (a) Is located in a county whose population is less than 50,000 or located in a city or town whose population is less than 25,000; and

†††† (b) Does not offer a course in automobile driver education,

  the applicant must submit to the Department a form provided by the Department and signed by an officer or a member of the administrative staff of a public or private high school which attests that the school does not offer a course in automobile driver education as part of the school curriculum.

†††† 2.  Except as otherwise provided in subsection 3, an applicant for a driverís license who is under the age of 18 years and who surrenders a valid driverís license that is issued by another state or jurisdiction is exempt from the requirement to submit proof of completion of a course in automobile driver education to obtain a driverís license from this State.

†††† 3.  An applicant for a driverís license who is under the age of 18 years and who surrenders a valid instruction permit or a valid restricted driverís license that is issued by another state or jurisdiction must comply with the provisions of NRS 483.250 before the Department will issue a driverís license from this State.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety by R150-98, 9-25-98, eff. 10-1-98; A by Depít of Motor Veh. by R157-01, 8-27-2002)

††††† NAC 483.793  Behind-the-wheel training: Ability of instructor to take physical control of vehicle. (NRS 481.051)  An instructor providing behind-the-wheel training in a motor vehicle shall, at all times while the instructor is in the motor vehicle, be alert and in a physical and mental state that renders him or her capable of taking physical control of the motor vehicle if necessary.

†††† (Added to NAC by Depít of Motor Veh. by R157-01, eff. 8-27-2002)

††††† NAC 483.795  Vehicles used for training drivers: Inspection; requirements. (NRS 481.051, 483.745, 483.750, 483.908)

†††† 1.  The annual inspection of vehicles used for training drivers and operated on a highway that is required pursuant to NRS 483.745 must be performed by a registered garage or licensed body shop or an inspector meeting the qualifications of 49 C.F.R. ß 396.19 and be reported to the Department on an inspection form provided by the Department.

†††† 2.  The annual inspection of:

†††† (a) A vehicle for which a Class C driverís license is required must include, as applicable, an inspection of the vehicleís windshield, side glass, rear glass, horn, muffler, air bag indicator light, fenders, tires and tread, headlights, taillights, turn signals, parking lights, brake lights, brakes, dual brakes, rearview mirror, second rearview mirror, steering, windshield wipers, emergency brake, safety belts, shoulder harness and dual clutch.

†††† (b) A motorcycle must include an inspection of the motorcycleís horn, headlight, turn signals, reflectors, taillight, mufflers, brake light, fenders and mirrors.

†††† 3.  Each vehicle which is not a commercial motor vehicle and is used by a school for behind-the-wheel training must be maintained in a clean and safe operating condition at all times and have at least the following equipment:

†††† (a) If the vehicle is equipped with an automatic transmission, a dual braking device which enables an instructor in the front passenger seat to bring the vehicle under control in an emergency;

†††† (b) If the vehicle is equipped with a standard transmission, a dual clutch device and braking device which enables an instructor in the front passenger seat to bring the car under control in an emergency;

†††† (c) A separate mirror which enables the instructor to view traffic behind the vehicle; and

†††† (d) A safety belt for the driver and each passenger of the vehicle.

†††† 4.  If a school for training drivers purchases or leases a motor vehicle for the training of drivers, the school shall have the vehicle inspected by a registered garage or a licensed body shop not later than 30 days after the purchase or lease and before providing any training in the vehicle.

†††† 5.  Each vehicle which is a commercial motor vehicle and is used by a school for behind-the-wheel training must meet all the requirements of the Federal Motor Carrier Safety Regulations as set forth in 49 C.F.R. Part 396.

†††† 6.  While being used for behind-the-wheel training on a public road, a vehicle must display conspicuously a sign which states ďStudent DriverĒ or the name of the school. The sign must:

†††† (a) Be securely mounted on the vehicle;

†††† (b) Not be constructed of paper; and

†††† (c) Have a background and letters of contrasting colors and be visible at least 100 feet from both the front and rear of the vehicle while operating in traffic.

†††† 7.  As used in this section, unless the context otherwise requires:

†††† (a) ďLicensed body shopĒ means a body shop licensed by the Department pursuant to NRS 487.630.

†††† (b) ďRegistered garageĒ means a garage registered with the Department pursuant to NRS 487.560.

†††† (Added to NAC by Depít 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 Depít of Motor Veh. by R157-01, 8-27-2002; R009-08, 6-17-2008; R142-12, 11-1-2012, eff. 1-28-2013)

COMMERCIAL DRIVERSí LICENSES

††††† NAC 483.799  Definitions. (NRS 483.908)  As used in NAC 483.799 to 483.850, inclusive, unless the context otherwise requires, the words and terms defined in NAC 483.7992 to 483.7997, inclusive, have the meanings ascribed to them in those sections.

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.7992  ďCommercial motor vehicleĒ defined. (NRS 483.908)  ďCommercial motor vehicleĒ means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

†††† 1.  Has a gross combination weight rating of 26,001 or more pounds and which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

†††† 2.  Has a gross vehicle weight rating of 26,001 or more pounds;

†††† 3.  Is designed to transport 16 or more passengers, including the driver; or

†††† 4.  Regardless of size, is used in the transportation of materials which are considered to be ďhazardousĒ for the purposes of the federal Hazardous Materials Transportation Act and for which the display of identifying placards is required pursuant to the Hazardous Materials Regulations, 49 C.F.R. Part 172, Subpart F.

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.7993  ďExcepted interstate commerceĒ defined. (NRS 483.908)  ďExcepted interstate commerceĒ means the operation of a commercial motor vehicle exclusively in interstate commerce excepted under 49 C.F.R. ß 390.3(f), 391.2 or 391.68 from all or parts of the qualification requirements of 49 C.F.R. Part 391 or under 49 C.F.R. ß 398.2 from all or parts of the qualification requirements of 49 C.F.R. Part 398, including, without limitation, by a driver who:

†††† 1.  Operates a school bus pursuant to 49 C.F.R. ß 390.5 when transporting only school children or school personnel from home to school and from school to home;

†††† 2.  Is a federal, state or local government employee;

†††† 3.  Operates a fire truck or rescue vehicles during emergencies and other related activities;

†††† 4.  Primarily transports propane winter heating fuel when responding to an emergency condition requiring immediate response such as damage to a propane gas system after a storm or flooding;

†††† 5.  Responds to a pipeline emergency condition requiring immediate response such as a pipeline leak or rupture;

†††† 6.  Operates a commercial motor vehicle in custom harvesting on a farm, to transport farm machinery and supplies used in the custom harvesting operation to and from a farm or to transport custom-harvested crops to storage or market;

†††† 7.  Operates a commercial motor vehicle as a beekeeper in the seasonal transportation of bees;

†††† 8.  Is a farmer who controls and operates a commercial motor vehicle to transport agricultural products to and from a farm and within 150 air miles of the farm that is not a combination vehicle including a power unit and a towed unit, farm machinery or farm supplies and contains no hazardous material of a type or quantity which would require the vehicle to be placarded in accordance with 49 C.F.R. ß 177.823;

†††† 9.  Operates a commercial motor vehicle as a private motor carrier of passengers for nonbusiness purposes;

†††† 10.  Transports migrant workers; or

†††† 11.  Transports human corpses or sick or injured persons.

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.7994  ďExcepted intrastate commerceĒ defined. (NRS 483.908)

†††† 1.  ďExcepted intrastate commerceĒ means the operation of a commercial motor vehicle:

†††† (a) Solely within the borders of this State; and

†††† (b) Exclusively in transportation or operations that would have been excepted under 49 C.F.R. ß 390.3(f), 391.2 or 391.68 from all or parts of the qualification requirements of 49 C.F.R. Part 391 or under 49 C.F.R. ß 398.2 from all or parts of the qualification requirements of 49 C.F.R. Part 398 if the transportation or operations had occurred in interstate commerce, including, without limitation, by a driver who:

††††††††† (1) Operates a school bus pursuant to 49 C.F.R. ß 390.5 when transporting only school children or school personnel from home to school and from school to home;

††††††††† (2) Is a federal, state or local government employee;

††††††††† (3) Operates a fire truck or rescue vehicles during emergencies and other related activities;

††††††††† (4) Primarily transports propane winter heating fuel when responding to an emergency condition requiring immediate response such as damage to a propane gas system after a storm or flooding;

††††††††† (5) Responds to a pipeline emergency condition requiring immediate response such as a pipeline leak or rupture;

††††††††† (6) Operates a commercial motor vehicle in custom harvesting on a farm, to transport farm machinery and supplies used in the custom harvesting operation to and from a farm or to transport custom harvested crops to storage or market;

††††††††† (7) Operates a commercial motor vehicle as a beekeeper in the seasonal transportation of bees;

††††††††† (8) Is a farmer who controls and operates a commercial motor vehicle to transport agricultural products to and from a farm and within 150 air miles of the farm that is not a combination vehicle including a power unit and a towed unit, farm machinery or farm supplies and contains no hazardous material of a type or quantity which would require the vehicle to be placarded in accordance with 49 C.F.R. ß 177.823;

††††††††† (9) Operates a commercial motor vehicle as a private motor carrier of passengers for nonbusiness purposes;

††††††††† (10) Transports migrant workers; or

††††††††† (11) Transports human corpses or sick or injured persons.

†††† 2.  The term does not include the operation of a commercial motor vehicle to cross any state or national border.

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.7995  ďMedical examinerís certificateĒ defined. (NRS 483.908)  ďMedical examinerís certificateĒ means a certificate issued pursuant to 49 C.F.R. ß 391.43(g).

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.7996  ďNonexcepted interstate commerceĒ defined. (NRS 483.908)  ďNonexcepted interstate commerceĒ means the operation of a commercial motor vehicle in interstate commerce by a driver who is subject to and meets the qualification requirements of 49 C.F.R. Part 391, including, without limitation, a driver who operates a school bus outside of the definition of ďschool bus operationĒ set forth in 49 C.F.R. ß 390.5.

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.7997  ďNonexcepted intrastate commerceĒ defined. (NRS 483.908)  ďNonexcepted intrastate commerceĒ means the operation of a commercial motor vehicle solely within the borders of this State, including, without limitation, by a driver who operates a school bus outside of the definition of ďschool bus operationĒ set forth in 49 C.F.R. ß 390.5. The term does not include the operation of a commercial motor vehicle:

†††† 1.  To cross any state or national border; or

†††† 2.  As described in paragraph (b) of subsection 1 of NAC 483.7994.

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.800  Federal regulations: Adoption by reference of certain provisions; compliance required. (NRS 483.908, 483.924)

†††† 1.  The Department hereby adopts by reference the provisions of 49 C.F.R. Parts 383 and 384 as they existed on October 1, 2004, and any subsequent amendments. Each amendment shall be deemed approved by the Department unless it disapproves the amendment within 60 days after the United States Department of Transportation has adopted such an amendment.

†††† 2.  A copy of the volume containing the provisions described in this section is available at a cost of $37 by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by telephone at (866) 512-1800. These provisions are also available, free of charge, at the Internet address http://www.gpoaccess.gov/cfr/.

†††† 3.  A licensee shall comply with the requirements of the provisions adopted by reference in subsection 1.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 2-14-91; A 5-27-92; A by Depít of Motor Veh. by R062-02, 9-20-2002; R105-04, 8-2-2004; R108-05, 10-31-2005; R034-10, 8-13-2010)

††††† NAC 483.801  Medical examinerís certificate: Generally; exception. (NRS 483.908)

†††† 1.  Except as otherwise provided in subsection 2, every person who applies for, or currently holds, a commercial driverís license or instruction permit must:

†††† (a) Provide a current medical examinerís certificate and, if applicable, a document showing that the person was issued a variance by the Federal Motor Carrier Safety Administration of the United States Department of Transportation from the requirement to maintain a medical examinerís certificate or a waiver pursuant to NAC 483.8031; and

†††† (b) On or before January 30, 2014, self-certify on a form prescribed by the Department that he or she intends to drive in only one of the following types of commerce:

††††††††† (1) Excepted interstate commerce;

††††††††† (2) Nonexcepted interstate commerce;

††††††††† (3) Excepted intrastate commerce; or

††††††††† (4) Nonexcepted intrastate commerce.

†††† 2.  A person who applies for, or currently holds, a commercial driverís license or instruction permit and who operates a commercial motor vehicle only in excepted interstate commerce or excepted intrastate commerce is not required to comply with the provisions of paragraph (a) of subsection 1.

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.8012  Medical examinerís certificate: Medical examination required; variance or waiver; exception. (NRS 483.908)

†††† 1.  Except as otherwise provided in subsection 5, every person who applies for, or currently holds, a commercial driverís license or instruction permit shall undergo a medical examination that meets the requirements of 49 C.F.R. ß 391.43.

†††† 2.  If the applicant or holder obtains a medical examinerís certificate that requires a variance or waiver, he or she may apply:

†††† (a) To the Federal Motor Carrier Safety Administration of the United States Department of Transportation for a variance.

†††† (b) To the Department for a waiver pursuant to NAC 483.8031 if the applicant or holder:

††††††††† (1) Is unable to obtain a variance from the Federal Motor Carrier Safety Administration;

††††††††† (2) Operates a commercial motor vehicle solely within the borders of this State; and

††††††††† (3) Does not hold an endorsement obtained pursuant to 49 C.F.R. ß 383.93 to operate a passenger vehicle, a school bus or a vehicle used to transport hazardous materials.

†††† 3.  A holder of a commercial driverís license that contains an endorsement to operate a passenger vehicle, a school bus or a vehicle used to transport hazardous materials who is unable to obtain a medical examinerís certificate and operates a commercial motor vehicle solely within the borders of this State must:

†††† (a) Remove the endorsement and apply for a waiver pursuant to NAC 483.8031;

†††† (b) Self-certify pursuant to NAC 483.801 that he or she intends to operate a commercial motor vehicle only in nonexcepted intrastate commerce and apply for a waiver pursuant to NAC 483.8031;

†††† (c) Self-certify pursuant to NAC 483.801 that he or she intends to operate a commercial motor vehicle only in excepted interstate commerce or excepted intrastate commerce; or

†††† (d) Apply to the Department for a noncommercial driverís license pursuant to NRS 483.010 to 483.630, inclusive.

†††† 4.  A holder of a commercial driverís license whose variance issued by the Federal Motor Carrier Safety Administration has been removed or rescinded must:

†††† (a) If he or she wishes to continue operating a commercial motor vehicle:

††††††††† (1) Provide a current medical examinerís certificate indicating that the health of the holder is such that he or she does not require, or no longer requires, a waiver or variance to operate a commercial motor vehicle;

††††††††† (2) Self-certify pursuant to NAC 483.801 that he or she intends to operate a commercial motor vehicle only in nonexcepted intrastate commerce and apply for a waiver pursuant to NAC 483.8031; or

††††††††† (3) Self-certify pursuant to NAC 483.801 that he or she intends to operate a commercial motor vehicle only in excepted interstate commerce or excepted intrastate commerce; or

†††† (b) If he or she wishes to operate only a noncommercial motor vehicle, apply to the Department for a noncommercial driverís license pursuant to NRS 483.010 to 483.630, inclusive.

†††† 5.  A person who applies for, or currently holds, a commercial driverís license or instruction permit and who operates a commercial motor vehicle only in excepted interstate commerce or excepted intrastate commerce is not required to comply with the provisions of subsection 1.

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.8013  Medical examinerís certificate: Notice by Department before expiration. (NRS 483.908)  Before a medical examinerís certificate issued to a holder of a commercial driverís license or instruction permit expires, the Department may provide to the holder a notice that:

†††† 1.  His or her medical examinerís certificate is due to expire;

†††† 2.  He or she must:

†††† (a) Undergo a new medical examination and provide to the Department a copy of the new medical examinerís certificate;

†††† (b) Change his or her self-certification pursuant to NAC 483.801 to a type of commerce that does not require a medical examinerís certificate; or

†††† (c) Appear in person at an office of the Department and apply for a noncommercial driverís license pursuant to NRS 483.010 to 483.630, inclusive, removing the commercial driving privilege; and

†††† 3.  He or she may be subject to the cancellation of his or her commercial driverís license or instruction permit for failing to perform one of the actions described in subsection 2.

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.8014  Medical examinerís certificate: Failure to comply.

†††† 1.  A person who fails to comply with:

†††† (a) The requirements of paragraph (a) of subsection 1 of NAC 483.801 is subject to a cancellation of his or her commercial driverís license or instruction permit.

†††† (b) The requirements of paragraph (b) of subsection 1 of NAC 483.801 on or before January 30, 2014, or who operates a commercial motor vehicle outside of the type of commerce for which the person, on or after January 30, 2014, self-certified pursuant to NAC 483.801, is subject to a cancellation of his or her commercial driverís license or instruction permit.

†††† (c) The provisions of subsection 3 or 4 of NAC 483.8012 is subject to a cancellation of his or her commercial driverís license or instruction permit.

†††† 2.  In addition to any penalty provided in the provisions adopted by reference in NAC 483.800, a person who holds a commercial driverís license or instruction permit with an expired medical examinerís certificate is subject to cancellation of his or her commercial driverís license or instruction permit.

†††† 3.  A person whose commercial driverís license or instruction permit is cancelled pursuant to this section shall surrender his or her commercial driverís license or instruction permit to the Department.

†††† 4.  To reinstate a commercial driverís license or instruction permit after cancellation, a person must pay the reinstatement fees established in NRS 483.910 and:

†††† (a) Present a current medical examinerís certificate to the Department; or

†††† (b) Self-certify pursuant to NAC 483.801 that he or she intends to operate a commercial motor vehicle only in excepted interstate commerce or excepted intrastate commerce.

†††† (Added to NAC by Depít of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.803  Waiver of certain physical requirements: Submission and contents of application. (NRS 483.908)

†††† 1.  A person who is not physically qualified to operate a commercial motor vehicle pursuant to 49 C.F.R. ß 391.41, but who is otherwise qualified to operate a commercial motor vehicle, may apply to the Department for a waiver of the physical requirements with which the person does not comply.

†††† 2.  An applicant for a waiver of one or more of the physical requirements described in subsection 1 must submit to the Department an application on a form prescribed by the Department. The application must include:

†††† (a) The applicantís full legal name, date of birth, address of principal residence, telephone number, social security number and driverís license number;

†††† (b) The type of vehicle the applicant will operate;

†††† (c) The type of commodities or cargo the applicant will transport;

†††† (d) The type of transmission, braking system and steering system of the vehicle which the applicant will operate;

†††† (e) Whether the applicant is self-employed, employed by a motor carrier or unemployed as a commercial driver;

†††† (f) Information relating to the driving history of the applicant, including, without limitation, the number of years the applicant has been licensed to drive a commercial motor vehicle and the number of years he or she has operated the type of vehicle for the operation of which he or she is requesting a license;

†††† (g) If the applicant is or will be employed by a motor carrier, the name and address of the motor carrier; and

†††† (h) A description of any modifications made to the vehicle for the driver.

†††† 3.  The application must be submitted to the Department of Motor Vehicles, 810 East Greg Street, Sparks, Nevada 89431.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R105-04, 8-2-2004; R103-06, 6-28-2006; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.8031  Prerequisites for waiver of certain physical requirements; confidentiality of information submitted to Department. (NRS 483.908)

†††† 1.  An applicant for a waiver of one or more of the physical requirements described in 49 C.F.R. ß 391.41 must submit to the Department with his or her application:

†††† (a) A copy of a medical examination required pursuant to paragraph (e) of 49 C.F.R. ß 391.43;

†††† (b) A copy of a medical certificate required pursuant to 49 C.F.R. ß 391.43; and

†††† (c) A medical evaluation signed by a physician on a form prescribed by the Department if the applicant suffers from a physical impairment or by a physician or optometrist if the applicant suffers from a visual impairment. The medical evaluation must:

††††††††† (1) Identify and describe the visual or physical impairment of the applicant;

††††††††† (2) Indicate whether the applicantís condition is stable or progressive;

††††††††† (3) Certify that the applicant is able to operate a commercial motor vehicle;

††††††††† (4) Certify that the vision of the applicant is at least 20/40, corrected or uncorrected, in at least one eye if the applicant suffers from a visual deficiency;

††††††††† (5) If a limb of the applicant has been amputated or otherwise impaired, assess the physical capabilities of the applicant as they relate to his or her ability to perform the tasks specified in the description of the applicantís job which the applicant must provide to the physician;

††††††††† (6) If the applicant wears a prosthetic or orthotic device, include a description of the manner in which the prosthetic or orthotic device operates; and

††††††††† (7) If the applicant suffers from epilepsy or any other condition which is likely to cause loss of consciousness or any loss of the ability to control a commercial motor vehicle safely or if the applicant is diabetic and dependent upon insulin, indicate the date of his or her most recent seizure and whether:

†††††††††††††† (I) The seizure was an isolated incident;

†††††††††††††† (II) Additional seizures are likely to occur; and

†††††††††††††† (III) The prescribed medication will interfere with the personís ability to operate a motor vehicle.

†††† 2.  An applicant who suffers epilepsy or any other condition which is likely to cause loss of consciousness or any loss of the ability to control a commercial motor vehicle safely, or is diabetic and dependent upon insulin, will not be issued a waiver unless:

†††† (a) The applicant has not suffered any fainting or dizzy spells, seizures or other similar disorders for at least 1 year immediately preceding the date the Department receives the application; and

†††† (b) A physicianís diagnosis of the applicantís condition and its effect on the personís ability to operate a motor vehicle safely has been submitted to the Department.

†††† 3.  An applicant for a waiver who wears a prosthetic or orthotic device must demonstrate his or her ability to operate safely the type of motor vehicle the applicant intends to operate. The Department may require any other applicant to demonstrate his or her ability to operate safely the type of motor vehicle the applicant intends to operate if the Department determines that such a demonstration is necessary.

†††† 4.  Any information that is submitted to the Department pursuant to NAC 483.799 to 483.850, inclusive, is privileged and may be released only upon the written consent of the applicant or pursuant to a court order.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R103-06, 6-28-2006)

††††† NAC 483.8032  Waiver of certain physical requirements: Approval or denial of application. (NRS 483.908)

†††† 1.  The Department will, based upon the recommendation of the physician who conducted a medical evaluation of the applicant, deny an application for a waiver of one or more of the physical requirements described in 49 C.F.R. ß 391.41 or grant the waiver.

†††† 2.  The Department will notify the applicant whether his or her application is approved or denied within 30 days after the receipt of the documents submitted by the applicant pursuant to NAC 483.803 and 483.8031.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R103-06, 6-28-2006)

††††† NAC 483.8033  Waiver of certain physical requirements: Deadline for submission of application for license; requirements upon issuance of waiver; revocation of license and waiver. (NRS 483.908)

†††† 1.  A person to whom a waiver of one or more of the physical requirements described in 49 C.F.R. ß 391.41 is issued must apply for a Nevada commercial driverís license within 30 days after the date on which the waiver is approved or must submit revised versions of the documents required pursuant to NAC 483.8031.

†††† 2.  Any driver to whom a waiver is issued:

†††† (a) Shall, if the driver is employed by a motor carrier, submit to the motor carrier a copy of the waiver.

†††† (b) Shall have the waiver and a commercial driverís license in his or her possession while operating a commercial motor vehicle.

†††† (c) Shall not operate a commercial motor vehicle outside this State.

†††† (d) Shall not transport passengers for compensation or transport hazardous materials of a type or quantity for which the vehicle in which the materials are transported must be placarded pursuant to 49 C.F.R. Part 172 if:

††††††††† (1) The driver has experienced fainting or dizzy spells, seizures or other similar disorders within the 3 years immediately preceding the submission of his or her application to the Department; or

††††††††† (2) A physician determines that the driver is not physically or mentally able to operate a commercial motor vehicle safely.

†††† (e) Shall submit a written report to the Department, on a form approved by the Department, within 15 days after the driver is:

††††††††† (1) Convicted of a moving violation involving the operation of a commercial motor vehicle; or

††††††††† (2) Involved in an accident while operating a commercial motor vehicle. The driver shall also submit all accident reports completed by a federal or state agency concerning the accident.

†††† 3.  The Department will revoke the commercial driverís license and waiver of any driver who violates any provision of this section.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R103-06, 6-28-2006)

††††† NAC 483.8034  Waiver of certain physical requirements: Contents; expiration. (NRS 483.908)

†††† 1.  A waiver of one or more of the physical requirements described in 49 C.F.R. ß 391.41 must contain:

†††† (a) The driverís full legal name, date of birth and social security number;

†††† (b) The number assigned to the waiver by the Department;

†††† (c) The effective date and expiration date of the waiver; and

†††† (d) Any conditions or restrictions pursuant to which the waiver is issued.

†††† 2.  A waiver expires 2 years after the medical examination of the applicant required by paragraph (e) of 49 C.F.R. ß 391.43 is conducted, or earlier, if so determined by a physician.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R103-06, 6-28-2006)

††††† NAC 483.8035  Waiver of certain physical requirements: Prerequisites for renewal of waiver and license. (NRS 483.908)

†††† 1.  Each person who wishes to renew a waiver of one or more of the physical requirements described in 49 C.F.R. ß 391.41 must submit an application for renewal on a form provided by the Department.

†††† 2.  An application for renewal must be accompanied by revised versions of the documents required pursuant to NAC 483.8031 for the original waiver.

†††† 3.  A person to whom a waiver is issued may not renew a license to operate a commercial motor vehicle until the waiver is renewed by the Department.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R103-06, 6-28-2006)

††††† NAC 483.8036  Waiver of certain physical requirements: Revocation or refusal to renew. (NRS 483.908)  The Department may revoke or refuse to renew a waiver of one or more of the physical requirements described in 49 C.F.R. ß 391.41 if the Department determines that:

†††† 1.  The information on the original application or the application for renewal was falsified by the applicant;

†††† 2.  The applicant failed to comply with the conditions or restrictions of the waiver;

†††† 3.  The applicant does not qualify for the issuance of the waiver; or

†††† 4.  The applicant is no longer physically or mentally able to operate a commercial motor vehicle safely as certified by a physician.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R103-06, 6-28-2006)

††††† NAC 483.805  Instruction permit: Eligibility; effect. (NRS 483.908)

†††† 1.  A person who is at least 21 years of age and has a valid Nevada driverís license or who has passed the tests that would qualify the person to be issued a Class C Nevada driverís license may apply to the Department for a commercial driverís license instruction permit.

†††† 2.  An instruction permit entitles the applicant, while having the permit in his or her immediate possession, to drive a designated class of commercial vehicle upon the highways. The permit is valid for 1 year and allows the holder of the permit to operate a commercial motor vehicle when accompanied by a licensed driver who:

†††† (a) Is at least 25 years of age;

†††† (b) Has been issued a license for the class and type of vehicle being operated;

†††† (c) Has had at least 1 year of licensed commercial driving experience in the class and type of vehicle for which the instruction permit was issued; and

†††† (d) Is actually occupying a seat adjacent to the driver.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 2-14-91)

††††† NAC 483.807  Waiver of certain physical requirements for instruction permit: Requirements for application; conditions and restrictions. (NRS 483.908)

†††† 1.  A person who wishes to apply to the Department for a commercial driverís license instruction permit may apply to the Department for a waiver of the physical requirements described in 49 C.F.R. ß 391.41 in the same manner as prescribed for a person who wishes to apply for a commercial driverís license.

†††† 2.  A waiver issued to a person who wishes to obtain a commercial driverís license instruction permit is subject to the same conditions and restrictions as a waiver issued to an applicant who wishes to obtain a commercial driverís license.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Depít of Motor Veh. by R103-06, 6-28-2006)

††††† NAC 483.810  Requirements for application for instruction permit or license. (NRS 483.908)  In addition to complying with the requirements of NRS 483.290, an application for a commercial driverís instruction permit or a commercial driverís license must comply with the requirements of 49 C.F.R. ß 383.23.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 2-14-91; A by Depít of Motor Veh. by R105-04, 8-2-2004)

††††† NAC 483.815  Requirements for application received by person previously licensed in another state. (NRS 483.908)  If an application for a commercial driverís instruction permit or a commercial driverís license is received from a person previously licensed in another state, the application is subject to the requirements of NRS 483.295.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 2-14-91)

††††† NAC 483.820  Issuance of license. (NRS 483.908)

†††† 1.  On or after July 1, 1990, the Department will, upon the payment of the required fee, issue to every qualified applicant a commercial driverís license containing the information set forth in NAC 483.040 and also containing any restriction placed on the licensee by the Department.

†††† 2.  A person may attach to his or her driverís license a document which identifies the person as a donor of all or any part of his or her body pursuant to NRS 451.500 to 451.590, inclusive.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 2-14-91; A by Depít of Motor Veh. by R017-06, 5-4-2006; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.825  Denial of license. (NRS 483.908)  The Department will not issue a license pursuant to NRS 483.900 to 483.940, inclusive, to a person:

†††† 1.  Who is under 21 years of age;

†††† 2.  Who does not meet the requirements of 49 C.F.R. ßß 391.41 to 391.49, inclusive, for operating a commercial motor vehicle;

†††† 3.  Whose driverís license is revoked, suspended or subject to disqualification;

†††† 4.  Who has not passed the required examinations;

†††† 5.  Who fails to comply with the requirements of NAC 483.801; or

†††† 6.  Who, in the opinion of the Administrator upon good cause and belief, would not be able to drive safely a commercial motor vehicle on the highways.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 2-14-91; A 11-7-95; 8-29-96; A by Depít of Motor Veh. by R105-04, 8-2-2004; R012-05, 11-17-2005; R142-12, 11-1-2012, eff. 1-28-2013)

††††† NAC 483.830  Assignment of number to license. (NRS 483.908)  A commercial driverís license will be assigned a number in a manner consistent with the requirements of NRS 483.345.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 2-14-91)

††††† NAC 483.832  Expiration and renewal of license. [Effective July 8, 2014, through July 7, 2018.] (NRS 481.051, 483.220, 483.908)

†††† 1.  Except as otherwise provided in subsection 3 or NRS 483.929, and except for a limited-term driverís license, every commercial driverís license:

†††† (a) Expires on the eighth anniversary of the date of issuance of the commercial driverís license, in the case of an original issuance of a commercial driverís license;

†††† (b) Issued to a licensee whose date of birth fell in an odd-numbered year expires on the fourth anniversary of the birthday of the licensee measured, in the case of a renewal of a commercial driverís license, or a renewal of an expired commercial driverís license, from the birthday of the licensee nearest the date of renewal; and

†††† (c) Issued to a licensee whose date of birth fell in an even-numbered year expires on the eighth anniversary of the date of issuance of the commercial driverís license, in the case of a renewal of a commercial driverís license or a renewal of an expired commercial driverís license.

†††† 2.  A licensee must renew his or her commercial driverís license in person at an office of the Department.

†††† 3.  A commercial driverís license issued to a licensee who is 65 years of age or older on the date of issuance or renewal expires on the fourth anniversary of the birthday of the licensee measured, in the case of an original issuance, a renewal of a commercial driverís license or a renewal of an expired commercial driverís license, from the birthday of the licensee or holder nearest the date of issuance or renewal.

†††† (Added to NAC by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 7-8-2014)

REVISERíS NOTE.

††††† The regulation of the Director of the Department of Motor Vehicles filed with the Secretary of State on October 23, 2013 (LCB File No. R028-13), the source of this section, contains the following provision not included in NAC:

††††† ďSec. 27.  1.  Section 9 of this regulation [NAC 483.832] applies to the issuance and renewal of a commercial driverís license that occurs on or after July 8, 2014, and before July 8, 2018.

††††† 2.  Section 22 of this regulation [NAC 483.832] applies to the issuance and renewal of a commercial driverís license that occurs on or after July 8, 2018.Ē

 

††††† NAC 483.832  Expiration and renewal of license. [Effective July 8, 2018.] (NRS 481.051, 483.220, 483.908)

†††† 1.  Except as otherwise provided in subsection 3 or NRS 483.929, and except for a limited-term driverís license, every commercial driverís license expires on the eighth anniversary of the date of issuance of the commercial driverís license, in the case of an original issuance, a renewal of a commercial driverís license or a renewal of an expired commercial driverís license.

†††† 2.  A licensee must renew his or her commercial driverís license in person at an office of the Department.

†††† 3.  A commercial driverís license issued to a licensee who is 65 years of age or older on the date of issuance or renewal expires on the fourth anniversary of the birthday of the licensee measured, in the case of an original issuance, a renewal of a commercial driverís license or a renewal of an expired commercial driverís license, from the birthday of the licensee or holder nearest the date of issuance or renewal.

†††† (Added to NAC by Depít of Motor Veh. by R028-13, 10-23-2013, eff. 7-8-2014; A by R028-13, 10-23-2013, eff. 7-8-2018)

††††† NAC 483.835  Possession and surrender of license. (NRS 483.908)  The holder of a commercial driverís license shall keep the license in his or her immediate possession at all times while driving a class of motor vehicle that requires a commercial driverís license and shall manually surrender the license for examination upon demand by any peace officer, any officer of a court or any employee of the Department.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 2-14-91)

††††† NAC 483.847  Cancellation, suspension and revocation of license. (NRS 483.908)  In accordance with the regulatory authority vested with the Department in NRS 483.908, the provisions of NRS 483.420 to 483.670, inclusive, apply in an analogous manner to commercial driversí licenses and commercial vehicles with these modifications:

†††† 1.  If, pursuant to NRS 483.420, the Department cancels a commercial driverís license held by a nonresident, the Department will forward a copy of the record of that action to the motor vehicle administrator in the state where the driver resides.

†††† 2.  The provisions of NRS 483.445 and 483.490 do not apply to the cancellation, suspension or revocation of a commercial driverís license.

†††† 3.  The Department will assign demerit points to the holder of a commercial driverís license or any other person operating a commercial vehicle for every conviction of a traffic violation committed on a single occasion without regard to the point value. Multiple instances of the same traffic violation committed on a single occasion will be assessed as a single conviction.

†††† 4.  The provisions of NRS 483.500 which require the Department to return a license which has been suspended if the driver completes the examination required by NRS 483.480 do not apply to the suspension of a commercial driverís license.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 3-27-92; A 8-29-96; A by Depít of Motor Veh. by R105-04, 8-2-2004; R012-05, 11-17-2005; R124-07, 1-30-2008)

††††† NAC 483.8475  Cancellation of license or permit for falsification of application: Restriction on reapplication. (NRS 483.908)  If the Department cancels a commercial driverís license or permit pursuant to subsection 1 of NRS 483.420 because the licensee knowingly falsified any information or certification on an application filed with the Department, the licensee may not apply for a new commercial driverís license or permit until at least 60 days after the date on which the original commercial driverís license or permit was cancelled.

†††† (Added to NAC by Depít of Motor Veh. by R105-04, eff. 8-2-2004)

††††† NAC 483.848  Test to determine concentration of alcohol: Suspension of license for certain concentration. (NRS 483.908)

†††† 1.  If the result of a test given pursuant to NRS 484C.150 or 484C.160 shows that a person who, while in control of a commercial motor vehicle, had a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath at the time of the test, the personís driverís license, permit or privilege to drive must be suspended for a period of 90 days.

†††† 2.  If a revocation or suspension of a personís driverís license or permit for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430 or 484C.440 follows a suspension ordered pursuant to subsection 1, the Department will:

†††† (a) Cancel the suspension ordered pursuant to subsection 1; and

†††† (b) Give the person credit towards the period of revocation or suspension ordered pursuant to NRS 484C.110, 484C.120, 484C.130, 484C.430 or 484C.440, whichever is applicable, for any period during which the personís driverís license, permit or privilege to drive was suspended pursuant to subsection 1.

†††† 3.  This section does not preclude:

†††† (a) The prosecution of a person for a violation of any other provision of law; or

†††† (b) The suspension or revocation of a personís driverís license, permit or privilege to drive pursuant to any other provision of law.

†††† (Added to NAC by Depít of Motor Veh. by R062-02, eff. 9-20-2002; A by R069-03, 9-12-2003, eff. 9-23-2003; R123-07, 1-30-2008)

††††† NAC 483.8485  Test to determine concentration of alcohol: Duties of peace officer; review by Department; contents and mailing of order for suspension of license. (NRS 483.908)

†††† 1.  A peace officer who has received the result of a test given pursuant to NRS 484C.150 or 484C.160 which indicates that a person who, while in control of a commercial motor vehicle, had a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath shall prepare a written certificate indicating whether the peace officer:

†††† (a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;

†††† (b) Served an order of suspension on the person pursuant to subsection 2; and

†††† (c) Issued the person a temporary driverís license of the same type and class as the license which was seized pursuant to subsection 2.

†††† 2.  If a person who was in control of a commercial motor vehicle and to whom a test is given pursuant to NRS 484C.150 or 484C.160 is present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath, the peace officer shall:

†††† (a) Serve an order of suspension of the driverís license, permit or privilege to drive;

†††† (b) Seize any driverís license or permit of the person;

†††† (c) Advise the person of his or her right to:

††††††††† (1) Administrative and judicial review of the suspension; and

††††††††† (2) Obtain a temporary driverís license of the same type and class as the license which was seized, if his or her driverís license is seized pursuant to paragraph (b);

†††† (d) If the person requests a temporary driverís license, and his or her driverís license is seized pursuant to paragraph (b), issue the person a temporary driverís license of the same type and class as the license which was seized on a form approved by the Department which becomes effective 24 hours after the person receives the temporary driverís license and expires 168 hours after it becomes effective; and

†††† (e) Transmit to the Department:

††††††††† (1) Any driverís license or permit seized pursuant to paragraph (b); and

††††††††† (2) The written certificate that the peace officer is required to prepare pursuant to subsection 1.

†††† 3.  If a person who was in control of a commercial motor vehicle and to whom a test is given pursuant to NRS 484C.150 or 484C.160 is not present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath, the peace officer shall transmit to the Department a copy of the result of the test and the written certificate that the peace officer is required to prepare pursuant to subsection 1.

†††† 4.  The Department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, will:

†††† (a) Review the result of the test and the written certificate; and

†††† (b) If the Department determines that it is appropriate, issue an order to suspend the driverís license, permit or privilege to drive of the person by mailing the order to the person at his or her last known mailing address.

†††† 5.  An order for suspension issued by the Department pursuant to subsection 4 must:

†††† (a) Explain the grounds for the suspension;

†††† (b) Indicate the period of the suspension;

†††† (c) Require the person to transmit to the Department any driverís license or permit held by the person; and

†††† (d) Explain that the person has a right to administrative and judicial review of the suspension.

†††† 6.  An order for suspension issued by the Department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited by the Department, postage prepaid, in the United States mail. The date of mailing of the order may be shown by a certificate specifying the date of mailing that is prepared by an officer or employee of the Department.

†††† (Added to NAC by Depít of Motor Veh. by R062-02, eff. 9-20-2002; A by R069-03, 9-12-2003, eff. 9-23-2003; R123-07, 1-30-2008; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.849  Suspension of license as result of certain concentration of alcohol: Hearing; temporary license; judicial review. (NRS 483.908)

†††† 1.  At any time during which the driverís license, permit or privilege to drive is suspended pursuant to NAC 483.8485, the person may request in writing an administrative hearing by the Department to review the order of suspension. A person is entitled to only one administrative hearing pursuant to this section.

†††† 2.  Unless the parties agree otherwise, the hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county in which the requester resides.

†††† 3.  The Director of the Department or his or her agent may:

†††† (a) Issue subpoenas for:

††††††††† (1) The attendance of witnesses at the hearing; and

††††††††† (2) The production of relevant books and papers; and

†††† (b) Require a reexamination of the requester.

†††† 4.  The scope of the hearing must be limited to the issues of whether the person, at the time of the test:

†††† (a) Was in control of a commercial motor vehicle; and

†††† (b) Had a concentration of alcohol of 0.04 or more but less than 0.08 in the personís blood or breath.

†††† 5.  The Department will issue to the person a temporary driverís license of the same type and class as the license which was seized, if he or she holds a driverís license for a period that is sufficient to complete the administrative hearing.

†††† 6.  Upon an affirmative finding on the issues listed in subsection 4, the Department will affirm the order of suspension. Otherwise, the order of suspension must be rescinded.

†††† 7.  If the order of suspension is affirmed by the Department, the person is entitled to judicial review of the issues listed in subsection 4 in the manner provided in chapter 233B of NRS.

†††† 8.  Upon receiving a notice from a court of competent jurisdiction that the court has issued a stay, the Department will issue an additional temporary driverís license if the person holds a driverís license for a period that is sufficient to complete the judicial review.

†††† 9.  Upon receiving a notice from:

†††† (a) A hearing officer that he or she has granted a continuance of the administrative hearing; or

†††† (b) A court of competent jurisdiction that the court has granted a continuance after issuing a stay of the suspension,

  the Department will cancel any temporary driverís license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known mailing address of the holder.

†††† (Added to NAC by Depít of Motor Veh. by R062-02, eff. 9-20-2002; A by R069-03, 9-12-2003, eff. 9-23-2003; R123-07, 1-30-2008; R140-12, 12-20-2012, eff. 1-15-2013)

††††† NAC 483.8495  Penalties for certain violations. (NRS 483.908, 483.924)

†††† 1.  In addition to the penalties provided in those provisions adopted by reference in NAC 483.800, a person who operates a commercial motor vehicle while his or her commercial driverís license is suspended, revoked or cancelled, or while the person is otherwise disqualified from operating a commercial motor vehicle, is subject to the provisions and penalties specified in NRS 483.560.

†††† 2.  A person who knowingly falsifies any information or certification on an application filed with the Department for a commercial driverís license or permit is subject to the provisions specified in NRS 483.420.

†††† 3.  A person who holds a commercial driverís license with an expired hazardous materials endorsement is subject to a suspension of his or her commercial driverís license for not less than 30 days.

†††† 4.  At least 90 days before the expiration of a personís hazardous materials endorsement, the Department will provide the person a notice which informs the person that he or she:

†††† (a) Must apply for a security threat assessment required pursuant to 49 C.F.R. ß 383.141 at least 60 days before his or her hazardous materials endorsement expires and must pass the security threat assessment before his or her hazardous materials endorsement may be renewed;

†††† (b) May be subject to suspension of his or her commercial driverís license as described in subsection 3; and

†††† (c) May avoid such suspension of his or her commercial driverís license by:

††††††††† (1) Complying with the requirements for renewing a hazardous materials endorsement, including, without limitation, passing the security threat assessment required pursuant to 49 C.F.R. ß 383.141;

††††††††† (2) Requesting that the Department remove the hazardous materials endorsement from his or her commercial driverís license; or

††††††††† (3) Requesting that the Department issue a noncommercial driverís license in place of the commercial driverís license.

†††† 5.  The Department will require a person to obtain a new driverís license that reflects the renewal of a hazardous materials endorsement, the removal of such an endorsement, or the change to a noncommercial license described in paragraph (c) of subsection 4 in person at an office of the Department.

†††† 6.  A person who is disqualified from driving a commercial motor vehicle under this section shall surrender his or her commercial driverís license or permit to the Department.

†††† 7.  To reinstate a commercial driverís license or permit after disqualification, a person must, in addition to any other conditions required by law:

†††† (a) Complete an application;

†††† (b) Pass a vision test, knowledge tests and, if applicable, driving skills tests;

†††† (c) Provide any additional information requested by the Department to determine his or her fitness to operate a commercial motor vehicle safely; and

†††† (d) Pay the reinstatement fees established in NRS 483.910.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 5-27-92; A 12-2-96; A by Depít of Motor Veh. by R062-02, 9-20-2002; R105-04, 8-2-2004; R108-05, 10-31-2005; R034-10, 8-13-2010; R142-12, 11-1-2012, eff. 1-28-2013)ó(Substituted in revision for NAC 483.802)

††††† NAC 483.850  Exemptions from requirements. (NRS 483.908)  The following persons are exempt from the requirements of NRS 483.900 to 483.940, inclusive, and NAC 483.799 to 483.850, inclusive:

†††† 1.  An operator of a farm vehicle that is:

†††† (a) Controlled and operated by a farmer as a private motor carrier of property;

†††† (b) Being used to transport either:

††††††††† (1) Agricultural products; or

††††††††† (2) Farm machinery or farm supplies, or both,

  to or from a farm;

†††† (c) Not being used in the operation of a motor carrier for hire;

†††† (d) Being used within 150 miles of the operatorís farm; and

†††† (e) Not carrying a hazardous material of a type or quantity which would require the vehicle to be placarded in accordance with 49 C.F.R. ß 177.823.

†††† 2.  A firefighter or any other person who operates a commercial motor vehicle, including, without limitation, a fire truck, hook and ladder truck, foam or water transport truck, police SWAT team vehicle, ambulance or other vehicle that is used in response to emergencies, which is:

†††† (a) Necessary to the preservation of life or property or the execution of emergency governmental functions;

†††† (b) Equipped with audible and visual signals; and

†††† (c) Not subject to normal traffic regulation.

†††† 3.  A person who:

†††† (a) Is exempt from the provisions of 49 C.F.R. Part 383 pursuant to subsection (c) of 49 C.F.R. ß 383.3; and

†††† (b) Is operating a commercial motor vehicle for military purposes.

†††† 4.  A person who is driving a recreational vehicle that is being used solely for recreational purposes.

†††† (Added to NAC by Depít of Motor Veh. & Pub. Safety, eff. 2-14-91; A 1-24-96; A by Depít of Motor Veh. by R062-02, 9-20-2002; R082-03, 10-30-2003; R105-04, 8-2-2004; R141-12, 11-1-2012, eff. 1-28-2013)

FEES

††††† NAC 483.900  Additional fees to cover cost of production of photographs for driversí licenses and identification cards. (NRS 483.347)

†††† 1.  To cover the actual cost of production of photographs for driversí licenses and identification cards, the Department will charge and collect, in addition to the fees charged pursuant to NRS 483.410, 483.820 and 483.910, $3.25 for the issuance of an original, renewed, duplicate or changed driverís license or identification card.

†††† 2.  The money collected pursuant to subsection 1 must be deposited in the State Treasury for credit to the Motor Vehicle Fund and must be allocated to the Department to defray the increased costs of producing driversí licenses and identification cards pursuant to NRS 483.347.

†††† 3.  As used in this section, ďphotographĒ has the meaning ascribed to it in NRS 483.125.

†††† (Added to NAC by Depít of Motor Veh. by R152-01, eff. 2-12-2002; A by R107-08, 9-29-2008, eff. 10-1-2008; R028-13, 10-23-2013, eff. 1-1-2014)