[Rev. 2/18/2010 10:38:01 AM]

CHAPTER 482 - MOTOR VEHICLES AND TRAILERS: LICENSING, REGISTRATION, SALES AND LEASES

GENERAL PROVISIONS

NRS 482.010            Definitions.

NRS 482.0105          “Assembly” defined.

NRS 482.011            “Based” defined.

NRS 482.012            “Border state employee” defined.

NRS 482.0125          “Branch” defined.

NRS 482.0127          “Broker” defined.

NRS 482.013            “Bus” defined.

NRS 482.014            “Calendar year” defined.

NRS 482.0145          “Charitable organization” defined.

NRS 482.0151          “Chassis-mount camper” defined.

NRS 482.0153          “Combined gross vehicle weight rating” defined.

NRS 482.0154          “Complete front inner structure for a unibody” defined.

NRS 482.0157          “Conventional frame” defined.

NRS 482.016            “Converter dolly” defined.

NRS 482.018            “Cowl assembly” defined.

NRS 482.020            “Dealer” and “vehicle dealer” defined.

NRS 482.023            “Declared gross weight” defined.

NRS 482.028            “Distributor” defined; exception.

NRS 482.0285          “Duplicate number plate” defined.

NRS 482.0287          “Electric bicycle” defined.

NRS 482.029            “Electric personal assistive mobility device” defined.

NRS 482.030            “Essential parts” defined.

NRS 482.035            “Farm tractor” defined.

NRS 482.036            “Farm vehicle” defined.

NRS 482.037            “Fiscal year” defined.

NRS 482.0385          “Floor pan assembly” defined.

NRS 482.040            “Foreign vehicle” defined.

NRS 482.043            “Franchise” defined.

NRS 482.044            “Golf cart” defined.

NRS 482.0445          “Gross vehicle weight rating” defined.

NRS 482.045            “Highway” defined.

NRS 482.050            “Identification” and “permanent identifying” defined.

NRS 482.0515          “Kit trailer” defined.

NRS 482.053            “Lease,” “long-term lessee,” “long-term lessor,” “short-term lessee” and “short-term lessor” defined.

NRS 482.055            “Lienholder” defined.

NRS 482.0555          “Local authority” defined.

NRS 482.060            “Manufacturer” defined.

NRS 482.065            “Metal tires” defined.

NRS 482.066            “Mini motor home” defined.

NRS 482.067            “Mobile home” defined.

NRS 482.069            “Moped” defined.

NRS 482.070            “Motorcycle” defined.

NRS 482.071            “Motor home” defined.

NRS 482.073            “Motortruck” defined.

NRS 482.075            “Motor vehicle” defined.

NRS 482.076            “New vehicle” defined.

NRS 482.078            “New vehicle dealer” defined.

NRS 482.080            “Nonresident” defined.

NRS 482.084            “Out-of-state student” defined.

NRS 482.085            “Owner” defined.

NRS 482.087            “Passenger car” defined.

NRS 482.091            “Passenger compartment” defined.

NRS 482.095            “Pneumatic tires” defined.

NRS 482.096            “Purchase price” defined.

NRS 482.0965          “Rear clip assembly” defined.

NRS 482.097            “Rebuilder” defined.

NRS 482.098            “Rebuilt vehicle” defined.

NRS 482.100            “Reconstructed vehicle” defined.

NRS 482.1005          “Recreational park trailer” defined.

NRS 482.101            “Recreational vehicle” defined.

NRS 482.1015          “Registered dealer” defined.

NRS 482.102            “Registered owner” defined.

NRS 482.103            “Resident” defined.

NRS 482.106            “Roof assembly” defined.

NRS 482.107            “Salesperson” defined.

NRS 482.109            “Security interest” defined.

NRS 482.110            “Semitrailer” defined.

NRS 482.1115          “Service vehicle” and “work vehicle” defined.

NRS 482.113            “Slide-in camper” defined.

NRS 482.115            “Solid rubber tires” defined.

NRS 482.120            “Specially constructed vehicle” defined.

NRS 482.123            “Special mobile equipment” defined.

NRS 482.124            “Substitute number plate” defined.

NRS 482.125            “Trailer” defined.

NRS 482.127            “Travel trailer” defined.

NRS 482.129            “Trimobile” defined.

NRS 482.1295          “Truck cab assembly” defined.

NRS 482.130            “Truck-tractor” defined.

NRS 482.132            “Used vehicle” defined.

NRS 482.133            “Used vehicle dealer” defined.

NRS 482.134            “Utility trailer” defined.

NRS 482.1345          “Van conversion” defined.

NRS 482.135            “Vehicle” defined.

NRS 482.137            “Vehicle transporter” defined.

ADMINISTRATION

NRS 482.155            Enforcement of provisions of chapter by Department, its officers and peace officers.

NRS 482.160            Administrative regulations; branch offices; appointment of agents and designation of county assessor as agent; compensation of certain agents.

NRS 482.162            Department to adopt regulations setting forth criteria for determination of whether person is farmer or rancher; presentation of evidence to Department.

NRS 482.165            Director to provide forms.

NRS 482.170            Records of Department concerning registration and licensing.

NRS 482.171            List of registered owners to be provided for selection of jury; reimbursement of Department.

NRS 482.173            Schedule for retention and disposition of certain records of Department.

NRS 482.175            Validity of registration: Powers and duties of Department and registered dealers.

NRS 482.180            Motor Vehicle Fund: Creation; deposits; interest and income; dishonored payments; distribution of money collected for basic governmental services tax; transfers.

NRS 482.1805          Revolving Account for Issuance of Special License Plates: Creation; deposit of certain fees; use of money in Account; transfer of excess balance to State Highway Fund.

NRS 482.181            Governmental services taxes: Certification of amount collected each month; distribution. [Effective through June 30, 2013.]

NRS 482.181            Governmental services taxes: Certification of amount collected each month; distribution. [Effective July 1, 2013.]

NRS 482.182            Governmental services taxes: Transfer of certain amount from proceeds to State General Fund. [Effective through June 30, 2013.]

NRS 482.182            Governmental services taxes: Transfer of certain amount from proceeds to State Highway Fund. [Effective July 1, 2013.]

NRS 482.183            Motor Vehicle Revolving Account: Creation; use; deposits.

NRS 482.186            Certain odometers deemed to register mileage reflected on odometer plus 100,000 miles.

NRS 482.187            Department authorized to enter into written agreements for periodic payment of delinquent taxes or fees; regulations.

NRS 482.188            Waiver of penalty or interest for failure timely to file return or pay tax, penalty or fee in certain circumstances.

REGISTRATION; TITLING; REGULAR LICENSE PLATES

NRS 482.205            Registration required for certain vehicles.

NRS 482.206            Periods of registration for motor vehicles; exceptions.

NRS 482.208            Registration of leased vehicles by long-term lessor or long-term lessee.

NRS 482.210            Exemptions from registration.

NRS 482.215            Application for registration.

NRS 482.216            Department may authorize new vehicle dealer to accept applications for registration and transfer of registration of new motor vehicles and to issue certificates of registration; duties of dealer; prohibited acts; regulations.

NRS 482.217            Department authorized to enter into agreement with certain motor carriers and service providers to register, transfer or renew registration of vehicles; conditions of such agreement; regulations.

NRS 482.218            Owners of certain motortrucks, truck-tractors and buses required to maintain certain books, papers and records; penalty for failure to comply.

NRS 482.220            Application for registration of specially constructed, reconstructed, rebuilt or foreign vehicle; certificate of inspection; charge for inspection.

NRS 482.223            Application for title for rebuilt, reconstructed or specially constructed vehicle; inspection; certificate of inspection; affidavit.

NRS 482.224            Replica vehicles: Limitation on number of vehicles for which Department may issue certificate of registration; application for registration to state certain facts.

NRS 482.225            Collection of sales or use tax upon application for registration of certain vehicles purchased outside this State; payment of all applicable taxes and fees required for registration; refund of tax erroneously or illegally collected.

NRS 482.230            Grounds requiring refusal of registration.

NRS 482.235            Registration indexes and records; assignment of registration number by registered dealer.

NRS 482.240            Issuance of certificates of registration and title by Department or registered dealer; period of validity of certificate.

NRS 482.245            Contents of certificates of registration and title.

NRS 482.247            Certificate of title in beneficiary form: Request; application; fee; restriction upon issuance; contents; signatures and transactions; interest; duties of Department.

NRS 482.255            Placement of certificate of registration; surrender upon demand of certain persons; limitation on conviction.

NRS 482.260            Duties of Department and its agents relative to registration of vehicle; issuance of certificate of title; fees and taxes.

NRS 482.265            License plates issued upon registration; stickers, tabs or other devices issued upon renewal of registration; return of plates; fee for and limitations on issuance of special license plates.

NRS 482.266            Manufacture of license plates substantially similar to license plates issued before January 1, 1982: Written request; fee; delivery; duties of Department; retention of old plates authorized if requested plates contain same letters and numbers.

NRS 482.267            License plates: Production at facility of Department of Corrections.

NRS 482.268            License plates: Additional fee for issuance; deposit of fee.

NRS 482.270            License plates: General specifications; redesign; configuration of special license plates designed, prepared and issued pursuant to process of direct application and petition.

NRS 482.2703          License plates: Samples; form; fee; penalty.

NRS 482.2705          License plates: Passenger cars and trucks; duties of Director.

NRS 482.271            License plates: Decals; fees.

NRS 482.2715          License plates: Registrant entitled to maintain code if continuously renewed; exceptions; issuance of replacement plates with same code after expiration of registration; fee.

NRS 482.2717          License plates to be issued to automobile wreckers and operators of salvage pools.

NRS 482.272            License plates: Motorcycles.

NRS 482.274            License plates: Trailers; duties of Director.

NRS 482.275            License plates: Display.

NRS 482.280            Expiration and renewal of registration.

NRS 482.2805          Department not to renew registration if local authority has filed notice of nonpayment pursuant to NRS 484B.527; fee for service performed by Department.

NRS 482.2807          Requirements for registration if local government has filed notice of nonpayment pursuant to NRS 484B.527.

NRS 482.281            Authority of Department of Motor Vehicles to allow authorized inspection station or authorized station to renew certificates of registration; adoption of regulations.

NRS 482.283            Change of name or place of residence: Notice to Department required; timing and contents of notice.

NRS 482.285            Certificates, decals and number plates: Illegibility, loss, mutilation or theft; obtaining of duplicates or substitutes; fees and taxes.

NRS 482.290            Assignment and recording of new vehicle identification number if old number has been falsely attached, removed, defaced, altered or obliterated; authority of Department; fee; penalty for certain acts committed with intent to defraud.

ELECTRONIC SUBMISSION AND STORAGE OF DOCUMENTS

NRS 482.292            “Document” defined.

NRS 482.293            Authority of Department of Motor Vehicles to establish program; validity of electronic submission or storage; persons allowed to apply for participation; adoption of regulations; required content of regulations; acceptance of gifts and grants.

NRS 482.294            Approval by Department of Motor Vehicles for person to participate in program; waiver of requirement of signature of natural person; document submitted by electronic means deemed to be original document.

VEHICLES LEASED FOR SHORT TERM

NRS 482.295            Registration by short-term lessor: Proof of financial ability to respond to damages.

NRS 482.300            Short-term lessor must be licensed.

NRS 482.305            Short-term lessor not providing coverage jointly and severally liable with short-term lessee for certain damages; notice to lessee of extent of coverage; dismissal of action against lessor if coverage provided.

NRS 482.308            Discrimination by short-term lessor against member of Armed Forces prohibited; penalty.

NRS 482.310            Type of license plate for leased vehicle.

NRS 482.313            Charging, collecting, reporting and remitting of certain fees in connection with lease of passenger car by short-term lessor; deposit of money into State General Fund and State Highway Fund; certain amounts excluded from calculation of fees; duties of Executive Director of Department of Taxation.

NRS 482.315            Records of short-term lessor: Maintenance; inspection; form; penalty; duties of Executive Director of Department of Taxation.

NRS 482.3151          Definitions.

NRS 482.31515        “Authorized driver” defined.

NRS 482.3152          “Estimated time for repair” defined.

NRS 482.31525        “Estimated time for replacement” defined.

NRS 482.31527        “Vehicle licensing costs” defined.

NRS 482.3153          “Waiver of damages” defined.

NRS 482.31535        Permissible agreements between lessor and lessee as to responsibility for damage to or loss of passenger car leased for short term; determination of fair market value.

NRS 482.3154          Limitation on liability of short-term lessee concerning damage to or loss of leased passenger car; limitation of short-term lessor’s loss under certain circumstances; limitation or exclusion of administrative charge.

NRS 482.31545        Liability of authorized driver for damage occurring during operation of passenger car: Limitations.

NRS 482.3155          Waiver of damages: Required provisions; limitation is void; exception.

NRS 482.31555        Short-term lessor authorized to restrict applicability of waiver of damages under certain circumstances.

NRS 482.3156          Waiver of damages: Disclosure of certain information required.

NRS 482.31565        Waiver of damages and optional insurance: Purchase as condition for lease prohibited; maximum charge; adjustment to reflect Consumer Price Index; advertisements; other prohibited practices.

NRS 482.3157          Restrictions on recovery for damages to leased car by placing block or processing charge on lessee’s credit card; unfair, deceptive or coercive conduct prohibited.

NRS 482.31575        Advertisement of lease: Disclosure of certain information required; exception.

NRS 482.3158          Certain additional charges permissible under certain circumstances; disclosure of certain additional charges required; certain additional fees prohibited; further prohibitions.

NRS 482.31583        Conditions for imposing additional charge; authorized and required actions relating to recovery of vehicle licensing costs; annual report to Department of Taxation.

NRS 482.31585        Action for damages and equitable relief; attorney’s fees and costs.

NRS 482.3159          Waiver of provisions is void.

VEHICLE TRANSPORTERS

NRS 482.316            Legislative declaration; license issued to vehicle transporter revocable privilege.

NRS 482.3161          Licensing required; applicability of NRS 482.316 to 482.3175, inclusive.

NRS 482.3163          License: Application; fees; renewal. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.3163          License: Application; fees; renewal. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.31632        Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Department. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.3165          Fee for issuance of special license plate.

NRS 482.3167          Bond: Filing; form; deposit in lieu of bond.

NRS 482.3169          Issuance of certificates of registration and special license plates to vehicle transporter.

NRS 482.3171          Movement of vehicle with special license plate authorized.

NRS 482.3173          Movement of vehicle without special license plate prohibited; restrictions on use of plates.

NRS 482.3174          Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.3175          Grounds for denial, suspension or revocation of license; hearing.

CONSIGNMENT OF VEHICLES

NRS 482.31771        Definitions.

NRS 482.31772        “Consignee” defined.

NRS 482.31773        “Consignment” defined.

NRS 482.31774        “Consignment contract” defined.

NRS 482.31775        Consignment contract: Required contents.

NRS 482.31776        Duties of consignee; trust account; disclosure statement; applicability of section; operation of vehicle subject to consignment contract; written log; prohibited acts; penalties.

MANUFACTURERS, REBUILDERS, DISTRIBUTORS, DEALERS, BROKERS, SALESPERSONS AND LESSORS

Licensing and Regulation

NRS 482.318            Legislative declaration.

NRS 482.319            Statement regarding payment of child support by applicant for license; grounds for denial of license; duty of Department. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.3195          Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.320            Manufacturers, distributors, dealers and rebuilders: Special plates required for movement of new and used vehicles; exceptions.

NRS 482.322            Vehicle dealers, manufacturers, distributors and rebuilders: Licenses required; additional restriction upon activities of new vehicle dealer; license does not extend to mobile homes; Department to investigate applicant; penalties for violations.

NRS 482.3225          Conditions under which charitable organization not required to obtain certain licensure.

NRS 482.323            Established place of business required for dealers, short-term lessors and brokers; notification of Department of branches by short-term lessors.

NRS 482.325            Manufacturers, distributors, dealers and rebuilders: Application for license; fees; issuance of certificate; renewal of license. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.325            Manufacturers, distributors, dealers and rebuilders: Application for license; fees; issuance of certificate; renewal of license. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.3253          Factors Director must consider before renewing license of manufacturer, distributor, rebuilder or dealer; authority of Director to require bond.

NRS 482.3255          Denial or revocation of license: Evidence of unfitness of applicant or licensee.

NRS 482.3256          Licensees to post licenses in conspicuous place visible to public.

NRS 482.3257          Dealers: Activities constituting prima facie evidence that person is acting as dealer.

NRS 482.326            Dealers: Location and name of business; designation of principal place of business and branches; branches may be operated under authority of license for principal place of business under certain conditions; change of name or location.

NRS 482.3263          Books and records of dealers and brokers: Location; inspection and copying; retention.

NRS 482.327            Dealers: License for each branch; exception; contents of license; posting of license; temporary license.

NRS 482.3275          Dealers: Signatures not required to be acknowledged on documents required to be filed with Department or other state agencies; exception.

NRS 482.3277          Dealers: Certain purchasers and prospective purchasers to be allowed to view certain documents in Spanish language.

NRS 482.328            Vehicle taken in trade: Satisfaction of outstanding security interest.

NRS 482.330            Manufacturers, distributors, dealers and rebuilders: Certificates of registration and special plates for vehicles provided by Department upon licensing; special plates for loaned vehicles; limitation.

NRS 482.332            Dealers, manufacturers, lessors, rebuilders and brokers: Duty to affix legible sign containing name of business; exception.

NRS 482.333            Brokers: Licensing; fees; disclosure of financial records; penalty. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.333            Brokers: Licensing; fees; disclosure of financial records; penalty. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.3331          Director to consider certain matters before renewing license of broker; authority of Director to require bond.

NRS 482.3333          Brokers: Duty to procure and file bond with Department; amount of bond; use of bond to cover multiple categories of vehicles; requirements for bond; recourse for persons injured by broker or employee.

NRS 482.3335          Brokers: Prohibition against advertising as vehicle dealer without appropriate license; prohibition against displaying or advertising vehicle not licensed to sell.

NRS 482.3337          Brokers: Insured trust account required.

NRS 482.334            Brokers: Written brokerage agreement with prospective buyer required; form of agreement; notice to be included within agreement; form and contents of notice; retention of copies of brokerage agreement.

NRS 482.3345          Dealers: Prohibited and authorized acts if prospective buyer enters into exclusive written brokerage agreement with broker.

NRS 482.335            Manufacturers, distributors, dealers and rebuilders: Display of license plate or plates.

NRS 482.345            Manufacturers, distributors, dealers and rebuilders: Application; proof of place of business; bonding requirements; remedies of injured person; judgment; prohibition upon issuance of license or plate to certain persons not having an established place of business in State.

NRS 482.346            Deposit in lieu of bond: Specifications; conditions for release; liability; refund; deposit in Motor Vehicle Fund.

NRS 482.347            Dealers: Principal and branch places of business to be covered by vehicle dealer’s bond; dealer to procure certain other separate bonds.

NRS 482.350            Dealers: New vehicle dealer’s license not to be issued unless dealer first furnishes to Department instrument indicating dealer is franchised dealer of manufacturer; additional functions in which used vehicle dealers may engage.

NRS 482.351            “Bait and switch,” misleading or inaccurate advertising by dealer or rebuilder prohibited; regulations.

NRS 482.3515          Vehicle dealer required to disclose information concerning emission of carbon dioxide of certain new vehicles; exception.

NRS 482.352            Manufacturers, distributors, dealers and rebuilders: Grounds for denial, suspension or revocation of license; disclosure of financial records; regulations.

NRS 482.353            Ability of applicant or licensee to petition for hearing after notice of denial, suspension or revocation; duties and powers of Director; exception from applicability of section.

NRS 482.354            Trial de novo.

NRS 482.362            Salespersons: Licensing; fees; grounds for denial, suspension or revocation of license; reemployment; notice of change of address or termination; penalty. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.362            Salespersons: Licensing; fees; grounds for denial, suspension or revocation of license; reemployment; notice of change of address or termination; penalty. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.363            Lessors and certain employees: Licensing; renewal; fees; denial, suspension, revocation or transfer of license; applicability of provisions. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.363            Lessors and certain employees: Licensing; renewal; fees; denial, suspension, revocation or transfer of license; applicability of provisions. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 482.363105      Long-term lessors also holding licenses as vehicle dealers: Authorized acts.

 

Franchises for Sales of Motor Vehicles

NRS 482.36311        Definitions.

NRS 482.36318        “Distributor” defined.

NRS 482.36319        “Distributor branch” defined.

NRS 482.3632          “Factory branch” defined.

NRS 482.3634          “Relevant market area” defined.

NRS 482.36345        “Representative” defined.

NRS 482.36348        “Vehicle” defined.

NRS 482.36352        Termination or discontinuation of franchise: Notice; grounds; protest by dealer; hearing.

NRS 482.363521      Termination or discontinuation of franchise: Compensation of dealer.

NRS 482.363523      Termination or discontinuation of franchise: Duties of dealer.

NRS 482.36354        Modification or replacement of franchise: Notice; protest by dealer; hearing; change of area of primary responsibility of dealer.

NRS 482.36355        Considerations for determining good cause for termination, discontinuation, modification or replacement of franchise.

NRS 482.36356        Additional criteria for determining existence of good cause for termination, discontinuation, modification or replacement of franchise or for establishing additional dealership or relocating existing dealership.

NRS 482.36357        Establishment or relocation of dealership in marketing area of dealer in same line and make of vehicles: Notice; protest of dealer; hearing; exemptions.

NRS 482.363575      Director to adopt regulations for conduct of discovery preliminary to hearings required for termination, discontinuation, modification or replacement of franchises or for establishment or relocation of dealership in marketing area of another dealer in same line and make of vehicles.

NRS 482.36358        Considerations for determining good cause for establishing or relocating dealership in marketing area of dealer in same line and make of vehicles.

NRS 482.36361        Written protests: Notice; manufacturer or distributor not to take further action pending determination; hearing; consolidation of hearings.

NRS 482.36363        Hearings: Burden of proof; consideration of economic effect.

NRS 482.36366        Hearings: Fees for witness; assessment of costs; attorney’s fees.

NRS 482.36368        Decision of Director: Judicial review; notice.

NRS 482.36371        Unfair practices: Change in capital structure, executive management, ownership or control; compensation for value of dealership; consent not to be unreasonably withheld; time period for complying with request for consent; effect of failure to grant or deny request.

NRS 482.3638          Unfair practices: Release from liability; limitations on settlement of controversies; unlawful terms or conditions of franchise agreements; price increases; participation in ownership; unlawful acts against franchise; preventing dealer from selling or servicing another line or make of new vehicles.

NRS 482.36385        Unfair practices: Competition by manufacturer, distributor or branch of factory; discrimination; compensation of dealer; sale to unlicensed person; deceptive advertising or acts; audits performed more than 12 months after date of transaction; acts relating to appeals of results of audits.

NRS 482.36386        Unfair practices: Selling or offering to sell new vehicle, parts or accessories at lower actual price than offered or charged another dealer; exceptions.

NRS 482.36387        Unfair practices: Ownership or operation of facility for repair or maintenance of vehicles by manufacturer or distributor or certain persons or entities under common control therewith; exception.

NRS 482.36388        Unfair practices: Putting into effect unfair, unreasonable or inequitable method for allocation, scheduling or delivery of new vehicles, parts or accessories; refusal or failure to deliver new vehicles, parts or accessories; exception.

NRS 482.36389        Unfair practices: Requiring dealer to disclose information concerning customer to manufacturer or third party.

NRS 482.36391        Unfair practices: Inducing dealer by coercion to order or accept vehicle, parts, accessories or other commodities.

NRS 482.36395        Unfair practices: Encouraging dealer to sell or lease vehicles through deceptive practices; refusal to deliver order; requiring payment of costs for promotion or advertising; requiring compliance with standards exceeding commonly accepted business practices; taking certain actions against dealer based solely on survey of dealer’s customers.

NRS 482.36396        Death of dealer: Termination of franchise prohibited if dealer designates successor in interest; primary and alternate successors in interest.

NRS 482.36397        Death of dealer: Notice of assumption and commencement of operation of franchise by designated successor; deposit by dealer; arrangements for discharge of terms of franchise agreement for period after death.

NRS 482.36398        Death of dealer: Operation of business and accounting to heirs or estate by manufacturer or distributor pending assumption by designated successor; accounting to heirs or estate by successor.

NRS 482.36399        Assumption of provisions of franchise agreement by successor required.

NRS 482.36412        Franchise assumable by successor same as existed at death of dealer.

NRS 482.36413        Termination of franchise upon divorce prohibited; award of franchise to either party in divorce action.

NRS 482.36414        License as dealer required for assumption of operation of franchise.

NRS 482.36419        Exercise of right of first refusal by manufacturer or distributor if transfer of all or substantially all assets of dealership is proposed: Requirements; prohibited acts.

NRS 482.36423        Action for injunctive relief or civil damages; service of process; time to answer or plead.

NRS 482.36425        Civil penalty; civil suit by Attorney General.

 

Restrictions on Monopolistic Financing

NRS 482.3643          “Sell,” “sold,” “buy” and “purchase” defined.

NRS 482.3645          Agreement to finance through designated source which lessens competition or creates monopoly unlawful; agreement declared void.

NRS 482.3647          Threat by manufacturer or distributor to discontinue sales to retail seller prima facie evidence of violation.

NRS 482.3649          Threat by person engaged in business of financing who is affiliated with manufacturer or distributor to discontinue sales prima facie evidence of violation.

NRS 482.3651          Giving of gratuity by manufacturer or wholesaler to person financing sales which lessens competition or creates monopoly unlawful.

NRS 482.3653          Acceptance of gratuity by person financing sales unlawful.

NRS 482.3655          Acceptance of gratuity: Unlawful financing of sales thereafter.

NRS 482.3657          Violation by corporation; penalty.

NRS 482.3659          Violation by foreign corporation; penalty.

NRS 482.366            Agreements in violation of law void.

NRS 482.3661          Provisions cumulative.

NRS 482.3663          Action for damages; additional parties defendant.

NRS 482.3665          Penalty.

 

Sale of Certain Used Vehicles

NRS 482.36655        Definitions.

NRS 482.3666          “Drivetrain” defined.

NRS 482.366605      “Used vehicle” defined.

NRS 482.36661        Inspection of engine and drivetrain of vehicle; written disclosure of defects.

NRS 482.36662        Written warranty required under certain circumstances; contents of warranty.

NRS 482.36663        Duration of warranty.

NRS 482.36664        Complaint regarding dealer: Submission; contents; investigation; resolution; appeal.

NRS 482.36665        Record of complaints: Maintenance; contents.

NRS 482.36666        Administrative fines; opportunity for hearing; deposit of fines; injunctions and other remedies.

NRS 482.36667        Regulations.

SPECIAL LICENSE PLATES

Personalized Prestige License Plates

NRS 482.3667          Preparation for issuance; procedures for application and issuance; persons qualified for issuance; period of validity; renewal; priority; powers and duties of Department.

NRS 482.3669          Regulations.

NRS 482.367            Fees; deposit of fees to credit of Motor Vehicle Fund.

 

Special License Plates Issued to Certain Nonprofit Organizations That Operate a Museum for Motor Vehicles

NRS 482.367001      Application; limitation on number of sets; interchangeable use; identification number; fee; expiration; renewal.

 

Applications for Design, Preparation and Issuance: Commission on Special License Plates; Department of Motor Vehicles

NRS 482.367002      Submission of application; qualifications of certain organizations that will receive financial support by way of special license plate; contents of application; authority of Department; surety bonds and release thereof; retention or return of plates upon disposal of vehicle.

NRS 482.367004      Commission on Special License Plates: Creation; membership; term; service without salary or compensation; administrative support; duties.

NRS 482.367006      Fees.

NRS 482.367008      Limitation on number of separate designs of special license plates that may be in issuance at any one time; issuance of additional designs of special license plates in order of authorization or approval; annual assessment of viability of current designs; notice of declining circulation; cessation of issuance of plates whose circulation falls below certain levels.

 

Pledge of Legislature

NRS 482.36705        Special license plates authorized by act of Legislature: Minimum number of applications; compliance with limitation on issuance of more than certain number of separate designs of special license plates; approval by Commission on Special License Plates.

 

Special License Plates Associated With Military or Public Service, or Membership in or Affiliation With Certain Groups

NRS 482.3672          Member of the press.

NRS 482.3675          Honorary consul of foreign country.

NRS 482.368            Distinguishing plates for exempt vehicles: Issuance; fees; interstate agreements; application; regulations.

NRS 482.369            Distinguishing plates for exempt vehicles: Specifications.

NRS 482.370            United States Senators and Representatives.

NRS 482.372            Secretary of State, State Treasurer, State Controller and Attorney General.

NRS 482.373            Governor and Lieutenant Governor.

NRS 482.374            Legislators and Supreme Court justices.

NRS 482.3745          Fees for license plates for congressional delegates and public officers.

NRS 482.3747          Collegiate license plates.

NRS 482.3748          Grand Lodge of Free and Accepted Masons.

NRS 482.3749          Hall of fame athletes.

NRS 482.375            Holder of license for amateur radio station.

NRS 482.3753          Professional full-time salaried firefighters.

NRS 482.3754          Volunteer firefighters.

NRS 482.3755          Member of Nevada Wing of Civil Air Patrol.

NRS 482.376            Member of Nevada National Guard.

NRS 482.3763          Support of outreach programs and services for veterans and their families: Preparation; issuance; required inscriptions; retention or return of plates upon disposal of vehicle; fees; replacement plates.

NRS 482.37635        Support of veterans’ homes: Decals indicating service in specific military unit; design; application; compliance with federal law; regulations.

NRS 482.3764          Support of outreach programs and services for veterans and their families: Collection of special fee for such support; affixment of certain decals upon request of eligible applicant; disposition of money collected.

NRS 482.3765          Veteran of Armed Forces of United States who survived attack on Pearl Harbor: Choice of inscription; eligibility for not more than two sets of plates; application; evidence of status; retention or return of plates upon disposal of vehicle; fees.

NRS 482.377            “Disabled Veteran” or “Veteran Who Is Disabled” and “Ex-Prisoner of War”: Choice of inscription as to disability; eligibility for not more than two sets of plates; application; evidence of status; retention or return of plates upon disposal of vehicle.

NRS 482.3775          Veteran of Armed Forces of United States awarded Purple Heart: Eligibility for not more than two sets of plates; application; evidence of status; retention or return of plates upon disposal of vehicle; replacement plates.

NRS 482.378            Recipient of Congressional Medal of Honor.

NRS 482.3785          Family member of person killed in line of duty while on active duty in Armed Forces of United States.

 

Special License Plates Associated With Recognition of or Support for Certain Charitable Causes

NRS 482.379            Commemorating 125th anniversary of Nevada’s admission into Union.

NRS 482.37903        Commemorating 100th anniversary of founding of City of Las Vegas.

NRS 482.37905        Encouraging donation of human organs.

NRS 482.37917        Support of agriculture.

NRS 482.379175      Appreciation of animals.

NRS 482.37918        Support of preservation of history of atomic testing in Nevada.

NRS 482.379185      Support of conservation of wetlands. [By order of the Director of the Department pursuant to NRS 482.367008, new issuances of this special plate have been discontinued as the result of an insufficient number of active registrations.]

NRS 482.37919        Support of desert preserve established by Las Vegas Valley Water District.

NRS 482.3792          Support of education of children in arts.

NRS 482.3793          Support of missing or exploited children.

NRS 482.37933        Support of preservation and restoration of Lake Tahoe Basin.

NRS 482.37934        Support of preservation of federal lands surrounding Las Vegas.

NRS 482.37935        Support of natural environment of Mount Charleston area.

NRS 482.379355      Support of naturalized citizenship.

NRS 482.379365      Reflect public solidarity after acts of terrorism committed on September 11, 2001.

NRS 482.37937        Support of preservation and restoration of natural environment of Lower Truckee River and Pyramid Lake.

NRS 482.379375      Support and enhancement of parks, recreation facilities and programs in City of Reno.

NRS 482.37938        Support of rodeos.

NRS 482.37945        Support of reconstruction, maintenance, improvement and promotion of Virginia & Truckee Railroad.

 

Special License Plates Associated With Certain Classes and Types of Vehicles

NRS 482.3795          Fire trucks.

NRS 482.380            Antique vehicle: “Horseless Carriage.”

NRS 482.381            Antique vehicle: “Old Timer.”

NRS 482.3811          Antique vehicle: Trucks and truck-tractors.

NRS 482.3812          Street Rods.

NRS 482.3814          Classic Rods.

NRS 482.3816          Classic Vehicles.

NRS 482.3818          Vintage license plates: Production; issuance; fee; retention or return upon disposal of vehicle.

NRS 482.3823          Vehicle used for course of instruction in automobile repair.

 

Souvenir and Other Smaller License Plates

NRS 482.3824          Special license plates to generate financial support for charitable organization: Director required to issue souvenir license plate at request of charitable organization; resale by charitable organization; issuance of special license plate for trailers and certain other vehicles. [Effective through June 30, 2010.]

NRS 482.3824          Special license plates to generate financial support for charitable organization: Director required to issue souvenir license plate at request of charitable organization; resale by charitable organization; issuance of special license plate for trailers, motorcycles and certain other vehicles. [Effective July 1, 2010.]

NRS 482.3825          Director authorized to issue souvenir license plates; “issuance” does not include resale of plates by charitable organization.

 

Investigations Relating to Finances of Charitable Organizations that Receive Additional Fees From Special License Plates

NRS 482.38272        Definitions.

NRS 482.38273        “Additional fees” defined.

NRS 482.38274        “Charitable organization” defined.

NRS 482.38275        “Intended recipient” defined.

NRS 482.38276        “Special license plate” defined.

NRS 482.38277        Certain charitable organizations to prepare and file balance sheet and bank statement with Commission on Special License Plates; certain information concerning persons responsible for such organizations to be provided to Commission and Department; duties of Legislative Auditor with respect to forms and information.

NRS 482.38278        Legislative Auditor to present final written report to Commission on Special License Plates; distribution of report; contents of report.

NRS 482.38279        Determination that charitable organization failed to comply with certain provisions or standards; organization may request hearing; Commission on Special License Plates to issue decision; authority of Commission to order Department to suspend collection of additional fees or production of design of special license plate.

SPECIAL USE PERMITS FOR SPECIAL EVENTS

NRS 482.383            Conditions for issuance; fee.

SPECIAL LICENSE PLATES AND PARKING PLACARDS FOR PERSONS WITH DISABILITIES

NRS 482.3831          Definitions.

NRS 482.3833          “Person with a disability of moderate duration” defined.

NRS 482.3835          “Person with a disability which limits or impairs the ability to walk” defined.

NRS 482.3837          “Person with a permanent disability” defined.

NRS 482.3839          “Person with a temporary disability” defined.

NRS 482.384            Special license plates and special and temporary parking placards and stickers: Application; issuance; renewal; fees; design; display; letter of verification; prohibited acts; regulations.

PLACARDS FOR VOLUNTEER FIREFIGHTERS AND ASSOCIATED EMERGENCY MEDICAL TECHNICIANS

NRS 482.3843          Application; issuance; use; surrender; no fee to be charged by Department.

PERMITS FOR UNREGISTERED MOTOR VEHICLES

NRS 482.385            Registration of vehicle of nonresident owner not required; exceptions; registration of vehicle by person upon becoming resident of this State; penalty; taxes and fees; surrender of nonresident license plates and registration certificate; citation for violation.

NRS 482.390            Commercial vehicle of nonresident owner: Applicability of provisions; conditions for exemption from registration.

NRS 482.395            Reciprocal agreements and arrangements.

NRS 482.3955          Special permits for movement of vehicles by dealers, distributors, rebuilders or other persons; permits for operation of vehicle by charitable organizations.

NRS 482.396            Permit to operate certain unregistered vehicles.

NRS 482.3963          Temporary permit for owner-lessor to operate certain unregistered vehicles.

NRS 482.3965          Temporary permit for short-term lessor to operate certain unregistered vehicles.

PERMITS FOR GOLF CARTS

NRS 482.398            Issuance in county whose population is 400,000 or more; conditions under which permit not necessary.

TRANSFER OF TITLE OR INTEREST

NRS 482.399            Expiration of registration on transfer of ownership or destruction of vehicle; transfer of registration to another vehicle; reuse of license plates; refund.

NRS 482.400            Endorsement of certificate of title upon transfer; electronic submission of notice of transfer; form for transfer of ownership for use by dealer; registration by transferee; exceptions.

NRS 482.410            Transferee to apply for certificate of registration and pay governmental services tax.

NRS 482.415            Registration if transferee unable to produce certificate of registration or title.

NRS 482.420            Transfer other than voluntary transfer: Expiration of registration; operation of vehicle.

LEASE OF MOTOR VEHICLE OR TRAILER FOR USE PRIMARILY IN TRADE OR BUSINESS

NRS 482.4215          Circumstances in which lease does not constitute sale or create security interest.

SECURITY INTERESTS IN VEHICLES

NRS 482.423            Sale of new vehicle: Duties of seller; information concerning secured party or assignee; temporary placards; dealer to execute and furnish copy of dealer’s report of sale; applicability of section.

NRS 482.4235          Lease of new vehicle pursuant to long-term lease: Duties of long-term lessor; temporary placards; execution and furnishing of copy of long-term lessor’s report of lease.

NRS 482.424            Sale of used or rebuilt vehicle: Duties of seller; exception; information concerning secured party; temporary placards; execution and furnishing of copy of dealer’s or rebuilder’s report of sale.

NRS 482.4245          Lease of used or rebuilt vehicle pursuant to long-term lease: Duties of long-term lessor; temporary placards; execution and furnishing of copy of long-term lessor’s report of lease.

NRS 482.4247          Temporary placards issued by Department; fee; disposition of proceeds.

NRS 482.426            Sale of used or rebuilt vehicle by person not dealer or rebuilder: Duties; documents and statement to be submitted to Department; remittance of fee.

NRS 482.427            Issuance of certificate of title to buyer, secured party or assignee.

NRS 482.428            Issuance of certificates of title to certain secured parties.

NRS 482.429            Fees.

NRS 482.431            Delivery of certificate of title following performance of terms of contract or security agreement; complaint; investigation; administrative fine; opportunity for hearing; deposit of fines.

NRS 482.432            Applicable statutory provisions for perfection and release of security interest.

NRS 482.433            Inapplicability of certain provisions to security interests in certain vehicles.

NRS 482.434            Effect of action or failure to act by Department or its officers or employees.

NRS 482.436            Unlawful acts; penalty.

NRS 482.438            Obtaining duplicate certificate of title to use as security with intent to defraud prohibited; penalties.

IDENTIFICATION OF TRIMOBILES

NRS 482.441            Certificates of title and registration.

SUSPENSION OF REGISTRATION: DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR CONTROLLED SUBSTANCE

NRS 482.451            Suspension upon court order; return of license plates and registration to Department; reinstatement; sale or transfer of motor vehicle.

NRS 482.456            Penalties related to operation of motor vehicle for which registration is suspended or failure to return certificate of registration or license plates; service of term of imprisonment; consecutive sentences.

CANCELLATION OF REGISTRATION

NRS 482.460            Unsafe or improperly equipped vehicle.

NRS 482.461            Failure of mandatory test of emissions from engines; notification; cost of inspection.

NRS 482.463            Surrender or proof of loss of certificate of registration and license plates of vehicle with declared gross weight in excess of 26,000 pounds: Refund or credit for excise taxes.

NRS 482.465            Unlawful use of certificate of registration or license plates; cancellation of certificate of title or registration and license plates improperly issued or obtained; revocation of certificate of title or registration and license plates for vehicle with declared gross weight in excess of 26,000 pounds.

NRS 482.470            Disposition of certificates of registration and title and license plates if vehicle dismantled, junked or rendered inoperative; issuance of salvage title; destruction of returned plates.

NRS 482.475            Vehicle used for short-term leasing.

NRS 482.478            No refund of registration fees or governmental services taxes upon rescission or cancellation of registration or surrender of license plates; exception.

FEES

NRS 482.480            Fees for registration; exceptions; account for verification of insurance.

NRS 482.4805          Transfer of money from Account for Verification of Insurance to State Highway Fund.

NRS 482.481            Proration of fee for registration of certain vehicles.

NRS 482.482            Additional fees for registration of motortruck, truck-tractor or bus; payment by installment for fleets authorized; penalty for failure to pay fee or tax; registration of vehicle after conviction or plea for operating vehicle which exceeded its declared gross weight.

NRS 482.483            Additional fees for registration of trailer or semitrailer.

NRS 482.485            Weighing of motor vehicles by public weighmasters; alternative for farm vehicles.

NRS 482.490            Manufacturer’s, distributor’s, dealer’s or rebuilder’s license plate.

NRS 482.500            Fees for duplicate or substitute certificates of registration, decals and number plates; fees for replacement plates or sets of plates issued for special license plates; fees for souvenir and sample license plates; exceptions.

NRS 482.503            Exemptions from fees for registration.

NRS 482.515            Delinquent fees; penalties.

REPOSSESSION OF VEHICLES AND CONSTRUCTION EQUIPMENT

NRS 482.516            Sale or lease of repossessed vehicle: Persons liable on security agreement to be given written notice of intent in advance; required manner of provision and contents of notice; rights of persons liable on security agreement.

NRS 482.5161          Sale of repossessed construction equipment.

NRS 482.5163          Sale of repossessed vehicle in commercially reasonable manner; application of proceeds; injunctive relief; damages.

NRS 482.518            Reports of repossession to peace officer and Department.

SPECIAL ANTITHEFT LAWS

NRS 482.520            Action by Department on reports of stolen, embezzled and recovered vehicles.

NRS 482.540            Authority of police officer, without warrant, to seize and take possession of certain vehicles; inspection and written report concerning certain falsely attached, removed, defaced, altered or obliterated numbers and marks; authority of court to declare vehicle forfeited under certain circumstances; charging of criminal act must not precede completion of report.

NRS 482.542            Disposition of seized vehicle.

OFFENSES CONCERNING DELIVERY, DISPLAY, OPERATION, POSSESSION, REGISTRATION OR SALE OF CERTAIN VEHICLES; IDENTIFICATION NUMBERS AND MARKS; DECEPTIVE TRADE PRACTICES

NRS 482.543            Definitions.

NRS 482.5432          “Automobile wrecker” defined.

NRS 482.5434          “Body shop” defined.

NRS 482.5436          “Garage operator” defined.

NRS 482.544            “Identification number or mark” defined.

NRS 482.5445          “Salvage pool” defined.

NRS 482.545            Certain unlawful acts.

NRS 482.547            Unlawful sale, offer of sale or display for sale of motor vehicle; penalty.

NRS 482.548            Unlawful display of vehicle for sale or lease.

NRS 482.550            Unlawful sale or delivery of used vehicle within State if vehicle not registered in this State; disposition of plates; penalty.

NRS 482.5505          Unlawful taking of possession of motor vehicle or part thereof with knowledge that identification number or mark has been falsely attached, removed, defaced, altered or obliterated; exception; penalty.

NRS 482.551            Unlawful purchase, disposal, sale or transfer of motor vehicle or parts with falsely attached, removed, defaced, altered or obliterated identification number or mark; applicability; penalty.

NRS 482.553            Unlawful removal, defacement, alteration or obliteration of identification number or mark of motor vehicle or part thereof; restoration of number or mark; homemade vehicles; penalty.

NRS 482.5533          Unlawful failure of certain persons to notify Department or local law enforcement agency within certain period of discovery of motor vehicle or part thereof having identification number or mark that has been falsely attached, removed, defaced, altered or obliterated; penalty.

NRS 482.5536          Court proceedings: Disclosure of certain information prohibited; exception; in camera review.

NRS 482.554            Deceptive trade practices: Acts constituting; administrative fines; certain disclosures required; remedy not exclusive.

PENALTIES

NRS 482.555            Criminal penalties for certain violations of chapter.

NRS 482.565            Administrative fines for violations other than deceptive trade practices; injunction or other appropriate remedy; enforcement proceedings.

_________

 

GENERAL PROVISIONS

      NRS 482.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.0105 to 482.137, inclusive, have the meanings ascribed to them in those sections.

      [Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A 1961, 128; 1967, 704; 1969, 684; 1973, 230, 399, 1568; 1975, 444, 1075; 1979, 854; 1985, 1836; 1987, 1592, 2079; 1991, 2330, 2353; 1993, 620; 1995, 1861, 2355, 2359, 2365; 1997, 624, 625; 2001, 1725; 2003, 374; 2005, 1240; 2007, 3200; 2009, 466)

      NRS 482.0105  “Assembly” defined.  “Assembly” means a combination of parts assembled together in such a way as to create a complete part.

      (Added to NRS by 2005, 1239)

      NRS 482.011  “Based” defined.  “Based” means the place or domicile where a vehicle is primarily used, or if a vehicle is often used in more than one county, then it means the place or domicile where the vehicle is primarily stored or kept. A vehicle registered for intercounty or interstate operation under the provisions of chapter 706 of NRS shall be deemed to have no base.

      (Added to NRS by 1973, 399; A 2007, 3200)

      NRS 482.012  “Border state employee” defined.  “Border state employee” means a person whose legal residence is not in this State, who resides outside of the State of Nevada and who commutes on a daily basis into the State of Nevada solely for the purpose of employment at a place of employment which is less than 35 air miles from the state border.

      (Added to NRS by 1973, 1567; A 1989, 703; 1991, 1988)

      NRS 482.0125  “Branch” defined.  “Branch” means an established place of business of a vehicle dealer or long-term or short-term lessor at which the dealer or long-term or short-term lessor conducts business simultaneously with, and physically separated from, his or her principal established place of business.

      (Added to NRS by 1979, 1023; A 2007, 3200)

      NRS 482.0127  “Broker” defined.  “Broker” means a person who, for a fee or any other consideration, offers to provide to another person the service of arranging, negotiating or assisting in the purchase of a new or used vehicle which has not been registered or for which an ownership interest has not been taken by the broker.

      (Added to NRS by 1995, 2362; A 2007, 3200)

      NRS 482.013  “Bus” defined.  “Bus” means any motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for transportation of persons for compensation.

      (Added to NRS by 1965, 316)

      NRS 482.014  “Calendar year” defined.  “Calendar year” means a year commencing at 12 p.m. December 31 and ending at 12 p.m. the following December 31.

      (Added to NRS by 1969, 683)

      NRS 482.0145  “Charitable organization” defined.  “Charitable organization” means an organization which:

      1.  The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and

      2.  For not less than 2 years, has held a certificate of organization or has been qualified by the Secretary of State to conduct business in this State.

      (Added to NRS by 1995, 2354)

      NRS 482.0151  “Chassis-mount camper” defined.  “Chassis-mount camper” means a portable unit designed to be permanently affixed to a truck chassis and cab, and so constructed as to provide temporary living quarters for travel, camping or recreational use.

      (Added to NRS by 1973, 229)

      NRS 482.0153  “Combined gross vehicle weight rating” defined.  “Combined gross vehicle weight rating” means the maximum gross weight, as designated by the manufacturer, that a vehicle is capable of towing in combination with its own gross vehicle weight rating.

      (Added to NRS by 2009, 466)

      NRS 482.0154  “Complete front inner structure for a unibody” defined.  “Complete front inner structure for a unibody” means the weld-on structure of a vehicle, including, without limitation, the radiator support, left and right aprons, upper and lower rails and strut towers, designed and intended to be located forward of the cowl assembly.

      (Added to NRS by 2005, 1239)

      NRS 482.0157  “Conventional frame” defined.  “Conventional frame” means the main longitudinal structural members of the chassis of a vehicle used as the major support in the construction of the vehicle.

      (Added to NRS by 2005, 1239)

      NRS 482.016  “Converter dolly” defined.  “Converter dolly” means a vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which converts a semitrailer to a full trailer.

      (Added to NRS by 1969, 683)

      NRS 482.018  “Cowl assembly” defined.  “Cowl assembly” means the forward structural portion of a vehicle to which are intended to be attached all or a part of the windshield frame, fire wall, housing of the instrument panel and hinges for the front doors.

      (Added to NRS by 2005, 1239)

      NRS 482.020  “Dealer” and “vehicle dealer” defined.

      1.  “Dealer” or “vehicle dealer” means any person who:

      (a) For compensation, money or other thing of value sells, exchanges, buys, offers or displays for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a vehicle subject to registration under this chapter or induces or attempts to induce any person to buy or exchange an interest in a vehicle;

      (b) Represents that he or she has the ability to sell, exchange, buy or negotiate the sale or exchange of an interest in a vehicle subject to registration under this chapter or in any other state or territory of the United States;

      (c) Receives or expects to receive a commission, money, brokerage fee, profit or any other thing of value from the seller or purchaser of a vehicle; or

      (d) Is engaged wholly or in part in the business of selling vehicles or buying or taking in trade vehicles for the purpose of resale, selling or offering for sale or consignment to be sold or otherwise dealing in vehicles, whether or not he or she owns the vehicles.

      2.  “Dealer” or “vehicle dealer” does not include:

      (a) An insurance company, bank, finance company, government agency or any other person coming into possession of a vehicle, acquiring a contractual right to a vehicle or incurring an obligation with respect to a vehicle in the performance of official duties or under the authority of any court of law, if the sale of the vehicle is for the purpose of saving the seller from loss or pursuant to the authority of a court of competent jurisdiction;

      (b) A person, other than a long-term or short-term lessor, who is not engaged in the purchase or sale of vehicles as a business, but is disposing of vehicles acquired by the owner for his or her use and not for the purpose of avoiding the provisions of this chapter, or a person who sells not more than three personally owned vehicles in any 12-month period;

      (c) Persons regularly employed as salespersons by dealers, licensed under this chapter, while those persons are acting within the scope of their employment;

      (d) Persons who are incidentally engaged in the business of soliciting orders for the sale and delivery of vehicles outside the territorial limits of the United States if their sales of such vehicles produce less than 5 percent of their total gross revenue; or

      (e) Persons who sell kit trailers but no other vehicle defined by this chapter.

      [Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A 1975, 1069; 1993, 2339; 2007, 3201)

      NRS 482.023  “Declared gross weight” defined.  “Declared gross weight” means the maximum gross weight at which a motor vehicle or combination of vehicles will be operated, except the term does not include the weight of:

      1.  Another vehicle which is being carried or towed by a tow car, as that term is defined in NRS 706.131;

      2.  Implements of husbandry;

      3.  A trailer or other towed vehicle which is not used for a commercial enterprise;

      4.  Towable tools or equipment, as that term is defined in NRS 484D.055; or

      5.  The load on a farm vehicle which has an unladen weight of 10,000 pounds or more.

      (Added to NRS by 1985, 1835; A 1987, 144; 1991, 2353)

      NRS 482.028  “Distributor” defined; exception.  Except as otherwise provided in NRS 482.36318, “distributor” means a person, other than a manufacturer, who is engaged in the business of selling new motor vehicles to dealers.

      (Added to NRS by 1981, 189; A 2003, 20th Special Session, 299)

      NRS 482.0285  “Duplicate number plate” defined.  “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeats the code of a plate or set of plates previously issued to the owner to maintain the registration using the same code.

      (Added to NRS by 2003, 373)

      NRS 482.0287  “Electric bicycle” defined.  “Electric bicycle” means a device upon which a person may ride, having two or three wheels, or every such device generally recognized as a bicycle that has fully operable pedals and is propelled by a small electric engine which produces not more than 1 gross brake horsepower and which produces not more than 750 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Powered solely by such a small electric engine, is capable of a maximum speed of not more than 20 miles per hour on a flat surface while carrying an operator who weighs 170 pounds.

Ê The term does not include a moped.

      (Added to NRS by 2009, 394)

      NRS 482.029  “Electric personal assistive mobility device” defined.  “Electric personal assistive mobility device” means a self-balancing, two nontandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.

      (Added to NRS by 2003, 1205)

      NRS 482.030  “Essential parts” defined.  “Essential parts” means all integral parts and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.035  “Farm tractor” defined.  “Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.036  “Farm vehicle” defined.  “Farm vehicle” means any vehicle or combination of vehicles which is:

      1.  Controlled and operated by a farmer or rancher;

      2.  Used to transport his or her own livestock, agricultural products, or ranch or farm machinery or supplies to or from a ranch or farm; and

      3.  Not used in the operation of a common or contract carrier.

      (Added to NRS by 1991, 2353)

      NRS 482.037  “Fiscal year” defined.  “Fiscal year” means a year commencing at 12 p.m. June 30 and ending at 12 p.m. the following June 30.

      (Added to NRS by 1969, 684)

      NRS 482.0385  “Floor pan assembly” defined.  “Floor pan assembly” means the pans designed and intended to form the floor of the passenger compartment of a vehicle.

      (Added to NRS by 2005, 1239)

      NRS 482.040  “Foreign vehicle” defined.  “Foreign vehicle” means every motor vehicle, trailer or semitrailer which has been brought into this State otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in this State.

      [Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A 1969, 186)

      NRS 482.043  “Franchise” defined.  “Franchise” means a written agreement between a manufacturer or distributor and a dealer by which:

      1.  A commercial relationship of definite duration or continuing indefinite duration is established.

      2.  The dealer is granted the right to offer and sell at retail new vehicles, other than mopeds, farm tractors or special mobile equipment.

      3.  The dealer constitutes a component of a distribution system for new vehicles.

      4.  The operation of the dealer’s business is substantially associated with the trademark, trade name, advertising or other commercial symbol designating a manufacturer or distributor.

      5.  The operation of a portion of the dealer’s business is substantially reliant on the manufacturer or distributor for a continued supply of new vehicles, parts and accessories.

      (Added to NRS by 1981, 189; A 1983, 838; 2003, 20th Special Session, 299)

      NRS 482.044  “Golf cart” defined.  “Golf cart” means a motor vehicle which:

      1.  Has no fewer than three wheels in contact with the ground; and

      2.  Is designed to carry golf equipment and no more than four persons, including the driver.

      (Added to NRS by 1991, 2329; A 1995, 18)

      NRS 482.0445  “Gross vehicle weight rating” defined.  “Gross vehicle weight rating” means the maximum gross weight, as designated by the manufacturer, at which a vehicle is capable of being operated, including any load the vehicle is capable of carrying but excluding any weight the vehicle is capable of towing.

      (Added to NRS by 2009, 466)

      NRS 482.045  “Highway” defined.  “Highway” means the entire width between the boundary lines of every way maintained by a public authority when any part of such way is open to the use of the public for purposes of vehicular traffic.

      [Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A 1973, 230)

      NRS 482.050  “Identification” and “permanent identifying” defined.  “Identification” or “permanent identifying” as used in this chapter with respect to the number of a vehicle subject to registration under this chapter shall, for the purpose of the registration or departmental record thereof, or any evidence of such registration, be construed to mean such identification, or permanent identifying number of any vehicle which the manufacturer thereof may, in its discretion, adopt or has adopted as an identification or permanent identifying number of the vehicles manufactured by it, or which the Director may approve as the identification number, in lieu of or in addition to a motor number or serial number or a motor and serial number.

      [1.5:202:1931; added 1949, 511; 1943 NCL § 4435a]—(NRS A 1961, 128)

      NRS 482.0515  “Kit trailer” defined.  “Kit trailer” means a vehicle without motive power which:

      1.  Is designed to carry property on its own structure and to be drawn or towed by a motor vehicle;

      2.  Is sold new in an unassembled, prepackaged condition;

      3.  Does not exceed 6 feet in width and 8 feet in length once assembled; and

      4.  Does not weigh more than 250 pounds unladen.

      (Added to NRS by 2007, 3199)

      NRS 482.053  “Lease,” “long-term lessee,” “long-term lessor,” “short-term lessee” and “short-term lessor” defined.  For the purposes of regulation under this chapter and of imposing tort liability under NRS 41.440, and for no other purpose:

      1.  “Lease” means a contract by which the lienholder or owner of a vehicle transfers to another person, for compensation, the right to use such vehicle.

      2.  “Long-term lessee” means a person who has leased a vehicle from another person for a fixed period of more than 31 days.

      3.  “Long-term lessor” means a person who has leased a vehicle to another person for a fixed period of more than 31 days.

      4.  “Short-term lessee” means a person who has leased a vehicle from another person for a period of 31 days or less, or by the day, or by the trip.

      5.  “Short-term lessor” means a person who has leased a vehicle to another person for a period of 31 days or less, or by the day, or by the trip.

      (Added to NRS by 1967, 704; A 1975, 1070)

      NRS 482.055  “Lienholder” defined.  “Lienholder” means a person who holds a security interest in a vehicle and whose name appears on the certificate of title as legal owner.

      [Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A 1965, 1472; 1975, 1071)

      NRS 482.0555  “Local authority” defined.  “Local authority” has the meaning ascribed to it in NRS 484A.115.

      (Added to NRS by 1995, 2358)

      NRS 482.060  “Manufacturer” defined.  “Manufacturer” means every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.065  “Metal tires” defined.  “Metal tires” means all tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.066  “Mini motor home” defined.  “Mini motor home” means a vehicular-type unit designed for temporary living quarters for travel, camping or recreational use which is:

      1.  A structure attached permanently on a self-propelled chassis; or

      2.  A portable unit designed to be affixed permanently to a truck chassis with cab,

Ê which is designated as a mini motor home by the manufacturer.

      (Added to NRS by 1973, 229)

      NRS 482.067  “Mobile home” defined.  “Mobile home” means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. It may be used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services. The term does not include a recreational park trailer.

      (Added to NRS by 1963, 348; A 1973, 230; 2001, 1725)

      NRS 482.069  “Moped” defined.  “Moped” means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

Ê The term does not include an electric bicycle.

      (Added to NRS by 1975, 1075; A 1983, 895; 2009, 394)

      NRS 482.070  “Motorcycle” defined.  “Motorcycle” means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “electric bicycle,” “tractor” or “moped” as defined in this chapter.

      [Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A 1975, 1075; 2009, 394)

      NRS 482.071  “Motor home” defined.  “Motor home” means a structure:

      1.  Attached permanently to a self-propelled motor vehicle chassis;

      2.  Designed as a temporary dwelling for travel, recreational or camping use; and

      3.  When assembled for the road, has a maximum body width of 102 inches.

      (Added to NRS by 1973, 229; A 2001, 1725)

      NRS 482.073  “Motortruck” defined.  “Motortruck” means every motor vehicle designed, used or maintained primarily for the transportation of property.

      (Added to NRS by 1969, 689)

      NRS 482.075  “Motor vehicle” defined.  “Motor vehicle” means every vehicle as defined in NRS 482.135 which is self-propelled.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.076  “New vehicle” defined.  Except as otherwise provided in NRS 482.363521, “new vehicle” means a vehicle:

      1.  That has never been registered with the Department and has never been registered with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country;

      2.  For which a certificate of title has never been issued by the Department or by the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country; or

      3.  That has been so registered or for which a certificate of title has been so issued, if the vehicle is equipped with an odometer that registers 2,500 miles or less.

      (Added to NRS by 1965, 1471; A 1995, 776; 2007, 3201)

      NRS 482.078  “New vehicle dealer” defined.  “New vehicle dealer” means any vehicle dealer licensed under the provisions of this chapter as a new vehicle dealer who has a franchise from a manufacturer of vehicles to sell new vehicles and who acquires new or new and used vehicles for resale.

      (Added to NRS by 1965, 1471; A 1975, 1071)

      NRS 482.080  “Nonresident” defined.  “Nonresident” means every person who is not a resident of this State, and who does not use his or her motor vehicle for a gainful purpose.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.084  “Out-of-state student” defined.  “Out-of-state student” means a student whose legal residence is not in this State and who comes into Nevada for the purpose of attending an educational institution.

      (Added to NRS by 1973, 1567)

      NRS 482.085  “Owner” defined.  “Owner” means a person who holds the legal title of a vehicle and whose name appears on the certificate of title, and any lienholder whose name appears on the certificate of title. If a vehicle is the subject of an agreement for the conditional sale or lease thereof with or without the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

      [Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A 1973, 230; 1987, 1144; 2003, 457)

      NRS 482.087  “Passenger car” defined.  “Passenger car” means a motor vehicle designed for carrying 10 persons or less, except a motorcycle or motor-driven cycle.

      (Added to NRS by 1969, 684; A 2009, 394)

      NRS 482.091  “Passenger compartment” defined.  “Passenger compartment” means the area of a vehicle designed and intended for the seating of the driver and passengers.

      (Added to NRS by 2005, 1239)

      NRS 482.095  “Pneumatic tires” defined.  “Pneumatic tires” means all tires inflated with compressed air.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.096  “Purchase price” defined.  “Purchase price” means:

      1.  If no security interest is taken, retained, created or in existence by virtue of a sale of a vehicle in this State, the price of the vehicle plus any additional included amounts for taxes, official fees, registration fees, transfer of title fees, delivery charges, installation charges, servicing charges, repair charges, alteration charges and improvement charges, or any of them.

      2.  If a security interest is taken, retained, created or in existence by virtue of a sale of a vehicle in this State, the amounts specified in subsection 1 plus any time price differential included in the security agreement or the obligation which it secures.

      (Added to NRS by 1975, 443)

      NRS 482.0965  “Rear clip assembly” defined.  “Rear clip assembly” means the entire rear structural portion of a vehicle designed and intended to be located behind the rear seat of the vehicle.

      (Added to NRS by 2005, 1239)

      NRS 482.097  “Rebuilder” defined.

      1.  “Rebuilder” means a person engaged in the:

      (a) Business of reconstructing motor vehicles by the alteration, addition or substitution of substantial or essential parts; or

      (b) Assembling of replica or specially constructed vehicles from unassembled parts.

      2.  Nothing in this section shall be construed to require any licensed new or used vehicle dealer to secure a license as a rebuilder in conjunction with rebuilding in his or her own facilities.

      (Added to NRS by 1971, 1302; A 2007, 3202)

      NRS 482.098  “Rebuilt vehicle” defined.

      1.  “Rebuilt vehicle” means a vehicle:

      (a) That is a salvage vehicle as that term is defined in NRS 487.770, excluding a nonrepairable vehicle; or

      (b) One or more major components of which have been replaced as set forth in this subsection. For the purposes of this subsection, the requisite major components of a vehicle which must be replaced for a vehicle to be considered rebuilt are the:

             (1) Cowl assembly;

             (2) Rear clip assembly;

             (3) Roof assembly;

             (4) Floor pan assembly;

             (5) Conventional frame coupled with one additional major component; or

             (6) Complete front inner structure for a unibody.

      2.  The term does not include a vehicle for which the only change is the installation of a truck cab assembly.

      3.  For the purposes of this section, “replaced” means the substitution, or change in whole, of a new, used or after-market part of a vehicle.

      (Added to NRS by 1987, 1591; A 1997, 2861; 2003, 515, 1907; 2005, 1240)

      NRS 482.100  “Reconstructed vehicle” defined.  “Reconstructed vehicle” means any vehicle which shall have been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models or types, or which, if originally otherwise constructed, shall have been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.1005  “Recreational park trailer” defined.

      1.  “Recreational park trailer” means a vehicle which is primarily designed to provide temporary living quarters for recreational, camping or seasonal use and which:

      (a) Is built on a single chassis mounted on wheels;

      (b) Has a gross trailer area not exceeding 400 square feet in the set-up mode; and

      (c) Is certified by the manufacturer as complying with Standard No. A119.5 of the American National Standards Institute.

      2.  Nothing in this section shall be construed to mean that a recreational park trailer is a vehicle which must be registered pursuant to the provisions of this chapter.

      (Added to NRS by 2001, 1725; A 2007, 3202)

      NRS 482.101  “Recreational vehicle” defined.  “Recreational vehicle” means a vehicular-type unit primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled, mounted upon, or drawn by, a motor vehicle. The term includes a recreational park trailer.

      (Added to NRS by 1973, 229, 1585; A 2001, 1726)

      NRS 482.1015  “Registered dealer” defined.  “Registered dealer” means a new vehicle dealer who is authorized to issue certificates of registration pursuant to NRS 482.216.

      (Added to NRS by 1995, 1860)

      NRS 482.102  “Registered owner” defined.  “Registered owner” means a natural person, firm, corporation or association whose name appears in the files of the Department as the person to whom the vehicle is registered.

      (Added to NRS by 1973, 229; A 1999, 3576)

      NRS 482.103  “Resident” defined.

      1.  “Resident” includes, but is not limited to, a person:

      (a) Whose legal residence is in the State of Nevada.

      (b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or any person maintaining such vehicles in this State, as the home state of such vehicles.

      (c) Who physically resides in this State and engages in a trade, profession, occupation or accepts gainful employment in this State.

      (d) Who declares that he or she is a resident of Nevada for purposes of obtaining privileges not ordinarily extended to nonresidents of this State.

      2.  The term does not include a person who is an actual tourist, an out-of-state student, a border state employee or a seasonal resident.

      3.  The provisions of this section do not apply to persons who operate vehicles in this State under the provisions of NRS 482.385, 482.390, 482.395 or 706.801 to 706.861, inclusive.

      (Added to NRS by 1973, 1567; A 1989, 703)

      NRS 482.106  “Roof assembly” defined.  “Roof assembly” means the structural parts of a vehicle, including, without limitation, more than one-half of the vertical roof supports, the framework of the roof and the exterior metal skin, that together are designed and intended to be located over the passenger compartment to form the roof of the vehicle.

      (Added to NRS by 2005, 1239)

      NRS 482.107  “Salesperson” defined.  “Salesperson” means:

      1.  A person employed by a vehicle dealer, under any form of contract or arrangement to sell, exchange, buy, or offer for sale, or exchange an interest in a vehicle to any person, who receives or expects to receive a commission, fee or any other consideration from the seller or purchaser of the vehicle; or

      2.  A person who exercises managerial control within the business of a dealer or a long-term or short-term lessor, or who supervises salespersons employed by a dealer or a long-term or short-term lessor, whether compensated by salary or by commission, or who negotiates with or induces a customer to enter into a security agreement on behalf of a dealer or a long-term or short-term lessor.

      (Added to NRS by 1957, 508; A 1993, 2340)

      NRS 482.109  “Security interest” defined.  “Security interest” means an interest in a vehicle, including a mobile home whether or not permanently attached to the land, reserved or created by agreement, which secures payment or performance of an obligation. “Security interest” includes the interest of a lessor under a lease intended as security. Whether a lease is intended as security is to be determined by the facts of each case, but:

      1.  The inclusion of an option to purchase does not of itself make the lease one intended for security; and

      2.  An agreement that upon compliance with the terms of the lease the lessee shall become or has the option to become the owner of the vehicle for no additional consideration does make the lease one intended for security.

      (Added to NRS by 1975, 443)

      NRS 482.110  “Semitrailer” defined.  “Semitrailer” means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.1115  “Service vehicle” and “work vehicle” defined.  “Service vehicle” or “work vehicle” means a vehicle owned and operated by a licensed dealer, manufacturer, distributor, long-term or short-term lessor, rebuilder or broker in the furtherance of his or her business. Such vehicles include, without limitation, a passenger shuttle bus, a tow car, a delivery vehicle or any other vehicle used to transport customers or property to or from the place of business of the dealer, manufacturer, distributor, long-term or short-term lessor, rebuilder or broker.

      (Added to NRS by 2007, 3199)

      NRS 482.113  “Slide-in camper” defined.  “Slide-in camper” means a portable unit designed to be loaded and unloaded from the bed of a pickup truck, and so constructed as to provide temporary living quarters for travel, camping or recreational use.

      (Added to NRS by 1973, 230)

      NRS 482.115  “Solid rubber tires” defined.  “Solid rubber tires” means every tire made of rubber other than a pneumatic tire.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.120  “Specially constructed vehicle” defined.  “Specially constructed vehicle” means any vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.123  “Special mobile equipment” defined.

      1.  “Special mobile equipment” means every motor vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a highway, including, but not limited to, scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and earth-moving equipment.

      2.  “Special mobile equipment” does not include house trailers, dump trucks, truck-mounted transit mixers, concrete pumpers, cranes or drill rigs with highway-rated tires or other vehicles designed for the transportation of persons or property to which machinery has been attached.

      3.  The Director may make the final determination as to whether a vehicle not specifically enumerated in subsection 1 or 2 falls within this definition.

      4.  The Department shall, by regulation, define “incidentally operated or moved upon a highway” for purposes of this section.

      (Added to NRS by 1971, 1302; A 1973, 221; 2007, 229)

      NRS 482.124  “Substitute number plate” defined.  “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

      (Added to NRS by 2003, 374)

      NRS 482.125  “Trailer” defined.  “Trailer” means every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.127  “Travel trailer” defined.  “Travel trailer” means a portable structure mounted on wheels, constructed on a vehicular-type chassis primarily designed as temporary living quarters for recreational, camping or travel use and designed to be drawn by another vehicle and designated by the manufacturer as a travel trailer. A vehicle is not a travel trailer if, when equipped for highway use, it is more than 8 feet wide.

      (Added to NRS by 1973, 230; A 1979, 1222)

      NRS 482.129  “Trimobile” defined.  “Trimobile” means every motor vehicle designed to travel with three wheels in contact with the ground, two of which are power driven.

      (Added to NRS by 1979, 854)

      NRS 482.1295  “Truck cab assembly” defined.  “Truck cab assembly” means a removable portion of a truck that uses a conventional frame assembly consisting of a cab that may be bolted and unbolted which includes a floor assembly, cowl assembly, roof assembly and rear panel and may also include front, side or rear glass and front or rear left or right doors.

      (Added to NRS by 2005, 1239)

      NRS 482.130  “Truck-tractor” defined.  “Truck-tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

      [Part 1:202:1931; A 1951, 165; 1953, 280]

      NRS 482.132  “Used vehicle” defined.  Except as otherwise provided in NRS 482.366605, “used vehicle” means a vehicle that:

      1.  Has been registered with the Department or with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country and, if equipped with an odometer, registers more than 2,500 miles on the odometer; or

      2.  Regardless of mileage, is at least 1 model year old, as determined by the vehicle manufacturer, and has been registered with the Department or with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country for 30 days or more, if no exemptions for registration exist under the laws of this State or the laws of the jurisdiction in which the vehicle was registered.

      (Added to NRS by 1965, 1472; A 1995, 776; 1999, 1163; 2007, 3202)

      NRS 482.133  “Used vehicle dealer” defined.  “Used vehicle dealer” means any vehicle dealer who is licensed in accordance with the provisions of this chapter as a used vehicle dealer and who acquires used vehicles for resale.

      (Added to NRS by 1965, 1472; A 1971, 1302; 1973, 231; 1975, 1071; 1995, 776)

      NRS 482.134  “Utility trailer” defined.  “Utility trailer” means a vehicle, without motive power, designed to carry property or passengers wholly on its own structure, and to be drawn by a motor vehicle. It may not exceed 8 feet in width nor 3,500 pounds in weight.

      (Added to NRS by 1973, 230)

      NRS 482.1345  “Van conversion” defined.  “Van conversion” means a vehicular-type unit originally designed and manufactured as a van or enclosed truck, which is modified to be used for travel, camping or recreational use, but which retains the basic silhouette of a van.

      (Added to NRS by 1973, 230)

      NRS 482.135  “Vehicle” defined.  Except as otherwise provided in NRS 482.36348, “vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway. The term does not include:

      1.  Devices moved by human power or used exclusively upon stationary rails or tracks;

      2.  Mobile homes or commercial coaches as defined in chapter 489 of NRS; or

      3.  Electric personal assistive mobility devices.

      [Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A 1979, 1222; 2003, 1205; 2003, 20th Special Session, 299)

      NRS 482.137  “Vehicle transporter” defined.  “Vehicle transporter” means a person who engages in the business of transporting motor vehicles in which he or she has no ownership interest and which are otherwise required to be registered pursuant to this chapter by operating them, singly or in combination, upon the highway under their own motive power.

      (Added to NRS by 1987, 2077)

ADMINISTRATION

      NRS 482.155  Enforcement of provisions of chapter by Department, its officers and peace officers.  The Department, all officers thereof and all peace officers in this State shall enforce the provisions of this chapter.

      [Part 3:202:1931; A 1953, 105]

      NRS 482.160  Administrative regulations; branch offices; appointment of agents and designation of county assessor as agent; compensation of certain agents.

      1.  The Director may adopt and enforce such administrative regulations as are necessary to carry out the provisions of this chapter.

      2.  The Director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the Department pursuant to this chapter. The Director may designate the county assessor of any county as agent to assist in carrying out the duties of the Department in that county. The county assessor may, under an agreement with the Department made pursuant to this subsection, transfer his or her duties as agent to the Department where the Department has established a branch office, consisting of full-time employees, in the county.

      3.  Except as otherwise provided in this subsection, the contract with each agent appointed by the Department in connection with the registration of motor vehicles and issuance of license plates must provide for compensation based upon the reasonable value of the services of the agent but must not exceed $2 for each registration. An authorized inspection station or authorized station that issues certificates of registration pursuant to NRS 482.281 is not entitled to receive compensation from the Department pursuant to this subsection.

      [Part 3:202:1931; A 1953, 105]—(NRS A 1959, 909; 1961, 128; 1969, 1544; 1979, 552; 1981, 242; 1983, 1618; 1985, 732; 1989, 505, 703; 1991, 1914, 1988; 1993, 586, 2860)

      NRS 482.162  Department to adopt regulations setting forth criteria for determination of whether person is farmer or rancher; presentation of evidence to Department.  The Department shall adopt regulations establishing the criteria to be used to determine whether a person is a farmer or rancher for the purposes of NRS 482.036 and 706.071. A person must present appropriate evidence to allow the Department to make the determination that the person satisfies the criteria set forth in the regulations.

      (Added to NRS by 1991, 2353)

      NRS 482.165  Director to provide forms.  The Director shall provide suitable forms for applications, registration cards, license number plates, and all other forms requisite for the purposes of this chapter, and shall prepay all transportation charges thereon.

      [Part 3:202:1931; A 1953, 105]—(NRS A 1961, 129)

      NRS 482.170  Records of Department concerning registration and licensing.  Except as otherwise provided in NRS 239.0115, 481.063 and 485.316, all personal information in the records of registration and licensing in the offices of the Department is confidential and must not knowingly be disclosed by the Department.

      [4:202:1931; 1931 NCL § 4435.03]—(NRS A 1991, 487; 1993, 2479; 1995, 1929; 2007, 2114)

      NRS 482.171  List of registered owners to be provided for selection of jury; reimbursement of Department.

      1.  The Department shall provide a list of registered owners of motor vehicles in any county upon the request of a district judge of the judicial district in which the county lies for use by the district judge for purposes of jury selection.

      2.  The court which requests the list shall reimburse the Department for the reasonable cost of the list.

      (Added to NRS by 1977, 739)

      NRS 482.173  Schedule for retention and disposition of certain records of Department.

      1.  Notwithstanding the provisions of any schedule for the retention and disposition of official state records to the contrary, the Director shall ensure that the Department retains the originals of:

      (a) Certificates of title that are submitted to the Department for the registration of a vehicle which has been sold or transferred; and

      (b) Forms for a power of attorney that are submitted to the Department pursuant to subsection 2 of NRS 482.415,

Ê for at least 1 year after the date on which such documents are received by the Department.

      2.  Notwithstanding the provisions of NRS 239.080, the Director may order the destruction of certificates of title and forms for a power of attorney which are retained pursuant to subsection 1 after the expiration of the 1-year period set forth in that subsection.

      3.  The Department shall keep a record showing when certificates of title and forms for a power of attorney are destroyed.

      (Added to NRS by 1965, 168; A 2001, 1888; 2003, 457)

      NRS 482.175  Validity of registration: Powers and duties of Department and registered dealers.  The Department and the officers and deputies thereof and registered dealers shall examine, and to the best of their ability determine the genuineness and regularity of, every registration and transfer of registration of a vehicle as provided in this chapter, in order that every certificate issued for a vehicle must contain true statements of the ownership thereof, and to prevent the registration of a vehicle by any person not entitled thereto. The Department or a registered dealer may require any applicant to furnish such information in addition to that contained in the application as may be necessary to satisfy the Department of the truth and regularity of the application.

      [Part 7:202:1931; 1931 NCL § 4435.06]—(NRS A 1995, 1861)

      NRS 482.180  Motor Vehicle Fund: Creation; deposits; interest and income; dishonored payments; distribution of money collected for basic governmental services tax; transfers.

      1.  The Motor Vehicle Fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the Department must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      2.  The interest and income on the money in the Motor Vehicle Fund, after deducting any applicable charges, must be credited to the State Highway Fund.

      3.  Any check accepted by the Department in payment of the governmental services tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the Motor Vehicle Fund or the county to which the payment was credited pursuant to this section or NRS 482.181, in the proper proportion.

      4.  Except as otherwise provided in subsection 6, all money received or collected by the Department for the basic governmental services tax must be distributed in the manner set forth in NRS 482.181 and 482.182.

      5.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the State Highway Fund or other legislative authorization, upon the presentation of budgets in the manner required by law. Out of the appropriation or authorization, the Department shall pay every item of expense.

      6.  The Department shall withhold 6 percent from the amount of the governmental services tax collected by the Department as a commission. From the amount of the governmental services tax collected by a county assessor, the State Controller shall credit 1 percent to the Department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor. All money withheld by or credited to the Department pursuant to this subsection must be used only for the administration of this chapter as authorized by the Legislature pursuant to subsection 5.

      7.  When the requirements of this section and NRS 482.181 and 482.182 have been met, and when directed by the Department, the State Controller shall transfer monthly to the State Highway Fund any balance in the Motor Vehicle Fund.

      8.  If a statute requires that any money in the Motor Vehicle Fund be transferred to another fund or account, the Department shall direct the State Controller to transfer the money in accordance with the statute.

      [Part 30:202:1931; A 1931, 339; 1937, 330; 1941, 19; 1949, 410; 1951, 177; 1953, 280]—(NRS A 1957, 769; 1959, 910, 917; 1960, 99; 1963, 1124; 1965, 683, 1230; 1969, 339; 1971, 2090; 1973, 220; 1975, 210, 440; 1977, 393; 1979, 110, 553, 1119, 1121, 1247, 1248; 1981, 242, 811, 1545, 1547; 1983, 1586; 1985, 732; 1987, 2272; 1989, 1149; 1991, 42; 1993, 2648; 1995, 990; 1997, 3298; 1999, 22, 2777; 2001, 306, 1832, 1834; 2001 Special Session, 144, 159; 2003, 274; 2009, 2194)

      NRS 482.1805  Revolving Account for Issuance of Special License Plates: Creation; deposit of certain fees; use of money in Account; transfer of excess balance to State Highway Fund.

      1.  The Revolving Account for the Issuance of Special License Plates is hereby created as a special account in the State Highway Fund. An amount equal to $35 of the fee received by the Department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the State Highway Fund for credit to the Account.

      2.  The Department shall use the money in the Account to:

      (a) Pay the expenses involved in issuing special license plates; and

      (b) Purchase improved and upgraded technology, including, without limitation, digital technology for the production of special license plates, to ensure that special license plates are produced in the most efficient manner possible.

      3.  Money in the Account must be used only for the purposes specified in subsection 2.

      4.  At the end of each fiscal year, the State Controller shall transfer from the Account to the State Highway Fund an amount of money equal to the balance in the Account which exceeds $50,000.

      (Added to NRS by 1999, 779; A 2001, 1837; 2003, 3067, 3346; 2009, 1029)

      NRS 482.181  Governmental services taxes: Certification of amount collected each month; distribution. [Effective through June 30, 2013.]

      1.  Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State General Fund pursuant to NRS 482.182, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.043, 371.045 and 371.047.

      3.  The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

      5.  An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

      6.  The Department shall make distributions of the basic governmental services tax directly to county school districts.

      7.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Received or collected for each county” means:

             (1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 

Carson City.................. 1.07 percent                    Lincoln................... 3.12 percent

Churchill........................ 5.21 percent                    Lyon....................... 2.90 percent

Clark............................ 22.54 percent                    Mineral................... 2.40 percent

Douglas......................... 2.52 percent                    Nye......................... 4.09 percent

Elko............................. 13.31 percent                    Pershing.................. 7.00 percent

Esmeralda..................... 2.52 percent                    Storey..................... 0.19 percent

Eureka........................... 3.10 percent                    Washoe................ 12.24 percent

Humboldt..................... 8.25 percent                    White Pine............. 5.66 percent

Lander........................... 3.88 percent

 

             (2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

      (d) “Special district” has the meaning ascribed to it in NRS 360.650.

      (Added to NRS by 1985, 731; A 1987, 1693, 1724; 1989, 1882; 1991, 43; 1995, 180, 2183, 2747; 1997, 604, 1587, 1589, 2565, 2566, 2567, 3301, 3299; 1999, 664, 1216; 2001, 307, 1001; 2001 Special Session, 145, 160; 2003, 18, 1313; 2009, 2080, 2194)

      NRS 482.181  Governmental services taxes: Certification of amount collected each month; distribution. [Effective July 1, 2013.]

      1.  Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State Highway Fund pursuant to NRS 482.182, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.043, 371.045 and 371.047.

      3.  The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

      5.  An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

      6.  The Department shall make distributions of the basic governmental services tax directly to county school districts.

      7.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Received or collected for each county” means:

             (1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 

Carson City.................. 1.07 percent                    Lincoln................... 3.12 percent

Churchill........................ 5.21 percent                    Lyon....................... 2.90 percent

Clark............................ 22.54 percent                    Mineral................... 2.40 percent

Douglas......................... 2.52 percent                    Nye......................... 4.09 percent

Elko............................. 13.31 percent                    Pershing.................. 7.00 percent

Esmeralda..................... 2.52 percent                    Storey..................... 0.19 percent

Eureka........................... 3.10 percent                    Washoe................ 12.24 percent

Humboldt..................... 8.25 percent                    White Pine............. 5.66 percent

Lander........................... 3.88 percent

 

             (2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

      (d) “Special district” has the meaning ascribed to it in NRS 360.650.

      (Added to NRS by 1985, 731; A 1987, 1693, 1724; 1989, 1882; 1991, 43; 1995, 180, 2183, 2747; 1997, 604, 1587, 1589, 2565, 2566, 2567, 3301, 3299; 1999, 664, 1216; 2001, 307, 1001; 2001 Special Session, 145, 160; 2003, 18, 1313; 2009, 2080, 2194, 2196, effective July 1, 2013)

      NRS 482.182  Governmental services taxes: Transfer of certain amount from proceeds to State General Fund. [Effective through June 30, 2013.]

      1.  After deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180 and before carrying out the provisions of NRS 482.181 each month, the Department shall direct the State Controller to transfer to the State General Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month the amounts indicated pursuant to this section.

      2.  Except as otherwise provided in subsection 3, the amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles depreciated in accordance with:

      (a) Subsection 1 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 11 percent of those proceeds;

             (2) Two years, is a sum equal to 12 percent of those proceeds;

             (3) Three years, is a sum equal to 13 percent of those proceeds;

             (4) Four years, is a sum equal to 15 percent of those proceeds;

             (5) Five years, is a sum equal to 18 percent of those proceeds;

             (6) Six years, is a sum equal to 22 percent of those proceeds;

             (7) Seven years, is a sum equal to 29 percent of those proceeds;

             (8) Eight years, is a sum equal to 40 percent of those proceeds; and

             (9) Nine years or more, is a sum equal to 67 percent of those proceeds; and

      (b) Subsection 2 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 12 percent of those proceeds;

             (2) Two years, is a sum equal to 14 percent of those proceeds;

             (3) Three years, is a sum equal to 18 percent of those proceeds;

             (4) Four years, is a sum equal to 21 percent of those proceeds;

             (5) Five years, is a sum equal to 26 percent of those proceeds;

             (6) Six years, is a sum equal to 30 percent of those proceeds;

             (7) Seven years, is a sum equal to 33 percent of those proceeds;

             (8) Eight years, is a sum equal to 37 percent of those proceeds;

             (9) Nine years, is a sum equal to 40 percent of those proceeds; and

             (10) Ten years or more, is a sum equal to 43 percent of those proceeds.

      3.  The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles to which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.

      (Added to NRS by 2009, 2193)

      NRS 482.182  Governmental services taxes: Transfer of certain amount from proceeds to State Highway Fund. [Effective July 1, 2013.]

      1.  After deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180 and before carrying out the provisions of NRS 482.181 each month, the Department shall direct the State Controller to transfer to the State Highway Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month the amounts indicated pursuant to this section.

      2.  Except as otherwise provided in subsection 3, the amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles depreciated in accordance with:

      (a) Subsection 1 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 11 percent of those proceeds;

             (2) Two years, is a sum equal to 12 percent of those proceeds;

             (3) Three years, is a sum equal to 13 percent of those proceeds;

             (4) Four years, is a sum equal to 15 percent of those proceeds;

             (5) Five years, is a sum equal to 18 percent of those proceeds;

             (6) Six years, is a sum equal to 22 percent of those proceeds;

             (7) Seven years, is a sum equal to 29 percent of those proceeds;

             (8) Eight years, is a sum equal to 40 percent of those proceeds; and

             (9) Nine years or more, is a sum equal to 67 percent of those proceeds; and

      (b) Subsection 2 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 12 percent of those proceeds;

             (2) Two years, is a sum equal to 14 percent of those proceeds;

             (3) Three years, is a sum equal to 18 percent of those proceeds;

             (4) Four years, is a sum equal to 21 percent of those proceeds;

             (5) Five years, is a sum equal to 26 percent of those proceeds;

             (6) Six years, is a sum equal to 30 percent of those proceeds;

             (7) Seven years, is a sum equal to 33 percent of those proceeds;

             (8) Eight years, is a sum equal to 37 percent of those proceeds;

             (9) Nine years, is a sum equal to 40 percent of those proceeds; and

             (10) Ten years or more, is a sum equal to 43 percent of those proceeds.

      3.  The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles to which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.

      (Added to NRS by 2009, 2193; A 2009, 2198, effective July 1, 2013)

      NRS 482.183  Motor Vehicle Revolving Account: Creation; use; deposits.  The Motor Vehicle Revolving Account is hereby created and must be used for making change in the main and branch offices of the Department. The State Board of Examiners shall determine the amount of money to be deposited in the Account, within the limits of money available for that purpose.

      (Added to NRS by 1963, 174; A 1973, 221; 1975, 211; 1979, 112; 1983, 1242; 1987, 1144; 1995, 100; 2001, 380)

      NRS 482.186  Certain odometers deemed to register mileage reflected on odometer plus 100,000 miles.  For the purposes of this chapter, if an odometer that is connected to a motor vehicle is not capable of registering 100,000 miles or more, the odometer shall be deemed to register the actual mileage the vehicle has traveled while in operation.

      (Added to NRS by 1997, 2214)

      NRS 482.187  Department authorized to enter into written agreements for periodic payment of delinquent taxes or fees; regulations.  The Department may:

      1.  Enter into written agreements providing for the periodic payment of delinquent taxes or fees imposed pursuant to this chapter.

      2.  Adopt regulations:

      (a) Setting forth the permissible terms of those agreements; and

      (b) Providing for the cancellation of such an agreement if the person with whom the Department has contracted becomes delinquent in his or her payments pursuant to the agreement or in payment of other taxes or fees owed to the Department pursuant to the provisions of chapter 365, 366, 371, 373 or 482 of NRS.

      (Added to NRS by 1997, 319; A 1999, 1021)

      NRS 482.188  Waiver of penalty or interest for failure timely to file return or pay tax, penalty or fee in certain circumstances.

      1.  The Department may waive payment of a penalty or interest for a person’s failure timely to file a return or pay a tax, penalty or fee imposed by the Department pursuant to this chapter or any other provision of law, if the Department determines that the failure:

      (a) Was caused by circumstances beyond the person’s control;

      (b) Occurred despite the person’s exercise of ordinary care; and

      (c) Was not a result of the person’s willful neglect.

      2.  A person requesting relief from payment of a penalty or interest must file with the Department a sworn statement specifying the facts supporting the person’s claim for relief.

      (Added to NRS by 1997, 318; A 2003, 457)

REGISTRATION; TITLING; REGULAR LICENSE PLATES

      NRS 482.205  Registration required for certain vehicles.  Except as otherwise provided in this chapter and NRS 706.188, every owner of a motor vehicle, trailer or semitrailer intended to be operated upon any highway in this State shall, before the motor vehicle, trailer or semitrailer can be operated, apply to the Department or a registered dealer for and obtain the registration thereof.

      [Part 6:202:1931; A 1941, 51; 1949, 511; 1953, 52]—(NRS A 1963, 1276; 1995, 1861; 2009, 390)

      NRS 482.206  Periods of registration for motor vehicles; exceptions.

      1.  Except as otherwise provided in this section, every motor vehicle, except for a motor vehicle that is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this State.

      2.  Every vehicle registered by an agent of the Department or a registered dealer must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this State.

      3.  A vehicle which must be registered through the Motor Carrier Division of the Department, or a motor vehicle which has a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning on the date established by the Department by regulation.

      4.  Upon the application of the owner of a fleet of vehicles, the Director may permit the owner to register the fleet on the basis of a calendar year.

      5.  When the registration of any vehicle is transferred pursuant to NRS 482.399, the expiration date of each regular license plate, special license plate or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

      (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the Department; or

      (b) The day after the transfer in all other cases,

Ê and a credit on the portion of the fee for registration and the governmental services tax attributable to the remainder of the current period of registration must be allowed pursuant to the applicable provisions of NRS 482.399.

      (Added to NRS by 1969, 684; A 1971, 1553; 1973, 260; 1975, 156, 333; 1979, 89; 1983, 1618; 1985, 679; 1989, 1150, 1421; 1993, 1345; 1995, 1861; 1997, 567, 568, 1618; 2001, 308; 2003, 3375; 2007, 54)

      NRS 482.208  Registration of leased vehicles by long-term lessor or long-term lessee.  Any vehicle which is leased by a long-term lessor to a long-term lessee having a place of business or residence in this State, for use on the public highways of this State, is subject to registration in this State either by the long-term lessor or the long-term lessee.

      (Added to NRS by 1965, 1472; A 1967, 705; 1989, 1422)

      NRS 482.210  Exemptions from registration.

      1.  The provisions of this chapter requiring the registration of certain vehicles do not apply to:

      (a) Special mobile equipment.

      (b) Implements of husbandry temporarily drawn, moved or otherwise propelled upon the highways.

      (c) Any mobile home or commercial coach subject to the provisions of chapter 489 of NRS.

      (d) Electric bicycles.

      (e) Golf carts which are:

             (1) Traveling upon highways properly designated by the appropriate city or county as permissible for the operation of golf carts; and

             (2) Operating pursuant to a permit issued pursuant to this chapter.

      (f) Mopeds.

      (g) Towable tools or equipment as defined in NRS 484D.055.

      (h) Any motorized conveyance for a wheelchair, whose operator is a person with a disability who is unable to walk about.

      2.  For the purposes of this section, “motorized conveyance for a wheelchair” means a vehicle which:

      (a) Can carry a wheelchair;

      (b) Is propelled by an engine which produces not more than 3 gross brake horsepower has a displacement of not more than 50 cubic centimeters or produces not more than 2250 watts final output;

      (c) Is designed to travel on not more than three wheels; and

      (d) Can reach a speed of not more than 30 miles per hour on a flat surface with not more than a grade of 1 percent in any direction.

Ê The term does not include a tractor.

      [Part 6:202:1931; A 1941, 51; 1949, 511; 1953, 52]—(NRS A 1963, 348; 1973, 470; 1975, 1075; 1979, 1223; 1981, 620; 1983, 436; 1991, 2330; 2009, 394)

      NRS 482.215  Application for registration.

      1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

      2.  Except as otherwise provided in NRS 482.294, applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the Department or to a registered dealer.

      3.  Each application must be made upon the appropriate form furnished by the Department and contain:

      (a) The signature of the owner, except as otherwise provided in subsection 2 of NRS 482.294, if applicable.

      (b) The owner’s residential address.

      (c) The owner’s declaration of the county where he or she intends the vehicle to be based, unless the vehicle is deemed to have no base. The Department shall use this declaration to determine the county to which the governmental services tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the vehicle.

      (e) Except as otherwise provided in this paragraph, if the applicant is not an owner of a fleet of vehicles or a person described in subsection 5:

             (1) Proof satisfactory to the Department or registered dealer that the applicant carries insurance on the vehicle provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185; and

             (2) A declaration signed by the applicant that he or she will maintain the insurance required by NRS 485.185 during the period of registration. If the application is submitted by electronic means pursuant to NRS 482.294, the applicant is not required to sign the declaration required by this paragraph.

      (f) If the applicant is an owner of a fleet of vehicles or a person described in subsection 5, evidence of insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185:

             (1) In the form of a certificate of insurance on a form approved by the Commissioner of Insurance;

             (2) In the form of a card issued pursuant to NRS 690B.023 which identifies the vehicle; or

             (3) In another form satisfactory to the Department.

Ê The Department may file that evidence, return it to the applicant or otherwise dispose of it.

      (g) If required, evidence of the applicant’s compliance with controls over emission.

      4.  The application must contain such other information as is required by the Department or registered dealer and must be accompanied by proof of ownership satisfactory to the Department.

      5.  For purposes of the evidence required by paragraph (f) of subsection 3:

      (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this State, may be declared as a fleet by the registered owner thereof on his or her original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of 10 or more vehicles based in this State or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his or her original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his or her certificate of self-insurance.

      (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

      [Part 6:202:1931; A 1941, 51; 1949, 511; 1953, 52]—(NRS A 1957, 506; 1959, 911; 1960, 126; 1963, 1126; 1973, 399; 1975, 1792; 1977, 923; 1979, 1818; 1981, 1692, 1693; 1983, 1131; 1987, 1084, 2144; 1989, 704, 1871, 1874; 1991, 1989; 1993, 2200, 2480; 1995, 700, 1862, 2729; 1997, 567; 2001, 308, 2780; 2003, 374; 2007, 2043; 2009, 2204)

      NRS 482.216  Department may authorize new vehicle dealer to accept applications for registration and transfer of registration of new motor vehicles and to issue certificates of registration; duties of dealer; prohibited acts; regulations.

      1.  Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications received to the Department within the period prescribed by the Department;

      (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 4; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive; or

             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      (Added to NRS by 1995, 1860; A 1997, 173, 1359, 1548, 3052; 1999, 1166; 2001, 309, 578, 585, 1467, 1509, 1675, 1677, 1860; 2003, 89, 92, 361, 3068, 3347; 2007, 573; 2009, 492)

      NRS 482.217  Department authorized to enter into agreement with certain motor carriers and service providers to register, transfer or renew registration of vehicles; conditions of such agreement; regulations.

      1.  Upon the request of a motor carrier or a service provider, the Department may enter into an agreement with the motor carrier or service provider which authorizes the motor carrier or service provider:

      (a) Without applying to the Department, to register or transfer or renew the registration of any vehicle:

             (1) Owned solely by the motor carrier or service provider; or

             (2) Leased solely by the motor carrier or service provider, if the lease is a long-term lease; and

      (b) To issue registration credentials on behalf of the Motor Carrier Division of the Department for any vehicle registered pursuant to paragraph (a) and for any vehicle with a registration that has been renewed or transferred pursuant to paragraph (a).

      2.  Before registering or transferring or renewing the registration of any vehicle pursuant to subsection 1:

      (a) A motor carrier who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $25,000; and

      (b) A service provider who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $50,000.

      3.  If a motor carrier or service provider provides a savings certificate, certificate of deposit or investment certificate pursuant to NRS 100.065 in lieu of the bond required pursuant to subsection 2, the certificate must state that the amount is not available for withdrawal except upon the approval of the Director.

      4.  If at any time a motor carrier or service provider is unable to account for an unissued license plate or decal, the motor carrier or service provider must immediately pay to the Department an amount established by the Department.

      5.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section.

      6.  As used in this section:

      (a) “Long-term lease” means a lease for a fixed period of more than 31 days.

      (b) “Motor carrier” means a common, contract or private motor carrier registered through the Motor Carrier Division of the Department.

      (c) “Registration credentials” includes, without limitation, license plates, registration cab cards, decals and temporary authority permits.

      (d) “Service provider” means a business or organization authorized by the Department to register or transfer or renew the registration of vehicles on behalf of motor carriers.

      (Added to NRS by 2009, 389)

      NRS 482.218  Owners of certain motortrucks, truck-tractors and buses required to maintain certain books, papers and records; penalty for failure to comply.

      1.  Any person who is the owner of a vehicle described in subsection 1 of NRS 482.482 shall maintain books, papers and records as required by the Department for the 36 months following the year for which the vehicle is registered. The books, papers and records must be made available for inspection by the Department during normal business hours.

      2.  For any person who fails to maintain books, papers or records as required pursuant to subsection 1, the Department may:

      (a) Revoke or refuse to grant the authority to register or transfer or renew registrations granted pursuant to NRS 482.217; and

      (b) Revoke any license of the person issued by the Department pursuant to this chapter.

      (Added to NRS by 2009, 390)

      NRS 482.220  Application for registration of specially constructed, reconstructed, rebuilt or foreign vehicle; certificate of inspection; charge for inspection.

      1.  If the vehicle to be registered is a specially constructed, reconstructed, rebuilt or foreign vehicle, that fact must be stated in the application. If the vehicle is a foreign vehicle which has been registered theretofore outside of this State, the owner shall exhibit to the Department the certificate of title and registration card or other evidence of such former registration as may be in the applicant’s possession or control or such other evidence as will satisfy the Department that the applicant is the lawful owner or possessor of the vehicle.

      2.  The application must be accompanied by a motor vehicle inspection certificate signed by a representative of the Department or, as one of the Department’s authorized agents, by:

      (a) A peace officer;

      (b) A dealer;

      (c) A rebuilder;

      (d) An automobile wrecker; or

      (e) A garage operator or a service station operator or attendant, so designated in writing by the Director.

      3.  Except for a peace officer acting in his or her official capacity, the Department or any of its authorized inspection agents are entitled to charge $1 for inspection of any vehicle described in subsection 1.

      4.  For the purposes of this section, “peace officer” means any employee, volunteer or designee of a law enforcement agency acting in an official capacity.

      [Part 6:202:1931; A 1941, 51; 1949, 511; 1953, 52]—(NRS A 1960, 127; 1963, 136; 1973, 140; 2005, 1241; 2007, 3202)

      NRS 482.223  Application for title for rebuilt, reconstructed or specially constructed vehicle; inspection; certificate of inspection; affidavit.

      1.  Before an application for a title for a rebuilt, reconstructed or specially constructed vehicle may be submitted, the vehicle must be inspected and a certificate of inspection must be completed on a form prescribed by the Department which attests that:

      (a) The work performed on the vehicle meets the standards of the manufacturer for mechanical fitness and safety;

      (b) The vehicle has been repaired to the standards of the manufacturer; and

      (c) Any safety equipment, including, without limitation, occupant restraint devices, which was present in the vehicle at the time the vehicle was manufactured is present and operational to the standards of the manufacturer.

      2.  An application for a title for a rebuilt, reconstructed or specially constructed vehicle must include an affidavit which states that the vehicle:

      (a) Has been inspected pursuant to subsection 1;

      (b) Is in a condition to be operated safely on the highways of this State; and

      (c) Has all safety equipment required by the manufacturer.

      3.  Any of the following persons may complete the inspection and sign the certificate of inspection and the affidavit required by subsections 1 and 2:

      (a) A garage operator who operates a garage that is registered pursuant to NRS 487.560;

      (b) The owner of a body shop licensed pursuant to NRS 487.630;

      (c) A rebuilder licensed pursuant to NRS 482.325; or

      (d) Any employee of a garage operator, owner of a body shop or rebuilder who is authorized by his or her employer to inspect the vehicle and attest that the repairs have been completed in accordance with the standards of the manufacturer.

      (Added to NRS by 2007, 3199)

      NRS 482.224  Replica vehicles: Limitation on number of vehicles for which Department may issue certificate of registration; application for registration to state certain facts.

      1.  The Department may not issue a certificate of registration for more than 100 replica vehicles each year. The fact that the vehicle is to be registered as a replica vehicle must be stated in the application for registration.

      2.  For purposes of this section, “replica vehicle” has the meaning ascribed to it in NRS 445B.759.

      (Added to NRS by 2007, 1243)

      NRS 482.225  Collection of sales or use tax upon application for registration of certain vehicles purchased outside this State; payment of all applicable taxes and fees required for registration; refund of tax erroneously or illegally collected.

      1.  When application is made to the Department for registration of a vehicle purchased outside this State and not previously registered within this State where the registrant or owner at the time of purchase was not a resident of or employed in this State, the Department or its agent shall determine and collect any sales or use tax due and shall remit the tax to the Department of Taxation except as otherwise provided in NRS 482.260.

      2.  If the registrant or owner of the vehicle was a resident of the State, or employed within the State, at the time of the purchase of that vehicle, it is presumed that the vehicle was purchased for use within the State and the representative or agent of the Department of Taxation shall collect the tax and remit it to the Department of Taxation.

      3.  Until all applicable taxes and fees are collected, the Department shall refuse to register the vehicle.

      4.  In any county whose population is less than 50,000, the Department shall designate the county assessor as the agent of the Department for the collection of any sales or use tax.

      5.  If the registrant or owner desires to refute the presumption stated in subsection 2 that he or she purchased the vehicle for use in this State, the registrant or owner must pay the tax to the Department and then may submit a claim for exemption in writing, signed by the registrant or owner or his or her authorized representative, to the Department together with a claim for refund of tax erroneously or illegally collected.

      6.  If the Department finds that the tax has been erroneously or illegally collected, the tax must be refunded.

      [7.6:202:1931; added 1955, 542]—(NRS A 1957, 471; 1959, 911; 1965, 1008; 1969, 1544; 1973, 38; 1975, 1746; 1979, 554; 1981, 243; 1983, 2064; 1985, 1936; 1989, 1930; 2001, 1994; 2003, 2388)

      NRS 482.230  Grounds requiring refusal of registration.  The Department or a registered dealer shall not grant an application for the registration of a vehicle in any of the following events:

      1.  When the applicant therefor is not entitled thereto pursuant to the provisions of this chapter.

      2.  When the applicant has neglected or refused to furnish the Department or registered dealer with the information required in the appropriate official form or reasonable additional information required by the Department or registered dealer.

      3.  When the fees required therefor by law have not been paid.

      [22:202:1931; 1931 NCL § 4435.21]—(NRS A 1995, 1863)

      NRS 482.235  Registration indexes and records; assignment of registration number by registered dealer.

      1.  The Department shall file each application received and register the vehicle therein described and the owner thereof in suitable books or on index cards as follows:

      (a) Under a distinctive registration number assigned to the vehicle and to the owner thereof, referred to in this chapter as the registration number.

      (b) Alphabetically under the name of the owner.

      (c) Numerically under the serial or vehicle identification number of the vehicle or a permanent identifying number, as may be determined by the Department.

      2.  A registered dealer who registers a vehicle shall assign a registration number for that vehicle according to a list of registration numbers issued by the Department for use by that dealer.

      [9:202:1931; A 1949, 511; 1943 NCL § 4435.08]—(NRS A 1973, 65; 1987, 1086; 1995, 1863; 2003, 457)

      NRS 482.240  Issuance of certificates of registration and title by Department or registered dealer; period of validity of certificate.

      1.  Upon the registration of a vehicle, the Department or a registered dealer shall issue a certificate of registration to the owner.

      2.  When an applicant for registration or transfer of registration is unable, for any reason, to submit to the Department in support of the application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the Department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, the Department may issue to the applicant only a certificate of registration.

      3.  The Department may, upon proof of ownership satisfactory to it, issue a certificate of title before the registration of the vehicle concerned. The certificate of registration issued pursuant to this chapter is valid only during the registration period or calendar year for which it is issued, and a certificate of title is valid until cancelled by the Department upon the transfer of interest therein.

      [Part 10:202:1931; A 1947, 453; 1943 NCL § 4435.09]—(NRS A 1960, 127; 1963, 559; 1965, 1473; 1967, 131; 1969, 684; 1995, 1864; 2003, 458)

      NRS 482.245  Contents of certificates of registration and title.

      1.  The certificate of registration must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the Department.

      2.  The certificate of title must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicle’s odometer as provided to the Department by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt vehicle, the information required pursuant to subsection 4 of NRS 482.247 if the certificate of title is a certificate of title in beneficiary form pursuant to NRS 482.247 and such other statement of facts as may be determined by the Department. The reverse side of the certificate of title must contain forms for notice to the Department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of title is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate. Except as otherwise required by federal law, the certificate of title of a vehicle which the Department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.

      [Part 10:202:1931; A 1947, 453; 1943 NCL § 4435.09]—(NRS A 1965, 1473; 1967, 132; 1973, 400; 1975, 1071; 1985, 659; 1987, 1086, 1592; 1999, 1919; 2003, 458; 2007, 988)

      NRS 482.247  Certificate of title in beneficiary form: Request; application; fee; restriction upon issuance; contents; signatures and transactions; interest; duties of Department.

      1.  The owner or joint owners of a motor vehicle, trailer or semitrailer may request the Department to issue a certificate of title in beneficiary form for the motor vehicle, trailer or semitrailer, as applicable, which includes a directive to the Department to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of title.

      2.  A request made pursuant to subsection 1 must be submitted on an application made available by the Department and accompanied by the fee for the issuance of a certificate of title.

      3.  A certificate of title in beneficiary form may not be issued to a person who holds an interest in a motor vehicle, trailer or semitrailer as a tenant in common with another person.

      4.  A certificate of title in beneficiary form must include after the name of the owner or after the names of joint owners the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.

      5.  During the lifetime of a sole owner or before the death of the last surviving joint owner:

      (a) The signature or consent of the beneficiary is not required for any transaction relating to a motor vehicle, trailer or semitrailer for which a certificate of title in beneficiary form has been issued; and

      (b) The certificate of title in beneficiary form may be revoked or the beneficiary changed at any time by:

             (1) Sale of the motor vehicle, trailer or semitrailer with proper assignment and delivery of the certificate of title to another person; or

             (2) Filing an application with, and paying a fee to, the Department to reissue the certificate of title with no designation of a beneficiary or with the designation of a different beneficiary.

      6.  The interest of the beneficiary in a motor vehicle, trailer or semitrailer on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to which the owner or owners of the motor vehicle, trailer or semitrailer were subject during their lifetime.

      7.  Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of title in beneficiary form may not be changed or revoked by will, any other instrument or a change in circumstances, or otherwise changed or revoked.

      8.  The Department shall, upon:

      (a) Proof of death of one of the owners, of two or more joint owners or of a sole owner;

      (b) Surrender of the outstanding certificate of title in beneficiary form; and

      (c) Application and payment of the fee for a certificate of title,

Ê issue a new certificate of title for the motor vehicle, trailer or semitrailer to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.

      9.  For the purposes of complying with the provisions of subsection 8, the Department may rely on a death certificate, record or report that constitutes prima facie evidence of death.

      10.  The transfer on death of a motor vehicle, trailer or semitrailer pursuant to this section is not considered as testamentary and is not subject to administration pursuant to the provisions of title 12 of NRS.

      11.  As used in this section:

      (a) “Beneficiary” means a person or persons designated to become the owner or owners of a motor vehicle, trailer or semitrailer on the death of the preceding owner or owners.

      (b) “Certificate of title in beneficiary form” means a certificate of title of a motor vehicle, trailer or semitrailer that indicates the present owner or owners of the motor vehicle, trailer or semitrailer and designates a beneficiary.

      (Added to NRS by 2007, 987)

      NRS 482.255  Placement of certificate of registration; surrender upon demand of certain persons; limitation on conviction.

      1.  Upon receipt of a certificate of registration, the owner shall place it or a legible copy in the vehicle for which it is issued and keep it in the vehicle. If the vehicle is a motorcycle, trailer or semitrailer, the owner shall carry the certificate in the tool bag or other convenient receptacle attached to the vehicle.

      2.  The owner or operator of a motor vehicle shall, upon demand, surrender the certificate of registration or the copy for examination to any peace officer, including a constable, or a justice of the peace or deputy of the Department.

      3.  No person charged with violating this section may be convicted if the person produces in court a certificate of registration which was previously issued to him or her and was valid at the time of the demand.

      [Part 10:202:1931; A 1947, 453; 1943 NCL § 4435.09]—(NRS A 1969, 139; 1983, 1030; 2009, 3014)

      NRS 482.260  Duties of Department and its agents relative to registration of vehicle; issuance of certificate of title; fees and taxes.

      1.  When registering a vehicle, the Department and its agents or a registered dealer shall:

      (a) Collect the fees for license plates and registration as provided for in this chapter.

      (b) Collect the governmental services tax on the vehicle, as agent for the State and for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.

      (c) Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      (d) Issue a certificate of registration.

      (e) If the registration is performed by the Department, issue the regular license plate or plates.

      (f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to the owner.

      2.  Upon proof of ownership satisfactory to the Director, the Director shall cause to be issued a certificate of title as provided in this chapter.

      3.  Except as otherwise provided in NRS 371.070, every vehicle being registered for the first time in Nevada must be taxed for the purposes of the governmental services tax for a 12-month period.

      4.  The Department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the Department of Taxation.

      5.  A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the Department.

      [11:202:1931; A 1945, 151; 1949, 480; 1953, 280; 1954, 43]—(NRS A 1959, 912; 1960, 100; 1961, 129; 1963, 1126; 1969, 684; 1973, 70, 400; 1975, 156, 334; 1983, 1619, 2065; 1995, 1864; 2001, 310; 2003, 459, 3376; 2007, 3203; 2009, 2197)

      NRS 482.265  License plates issued upon registration; stickers, tabs or other devices issued upon renewal of registration; return of plates; fee for and limitations on issuance of special license plates.

      1.  The Department shall furnish to every owner whose vehicle is registered two license plates for a motor vehicle other than a motorcycle and one license plate for all other vehicles required to be registered hereunder. Upon renewal of registration, the Department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.

      2.  The Director shall have the authority to require the return to the Department of all number plates upon termination of the lawful use thereof by the owner under this chapter.

      3.  Except as otherwise specifically provided by statute, for the issuance of each special license plate authorized pursuant to this chapter:

      (a) The fee to be received by the Department for the initial issuance of the special license plate is $35, exclusive of any additional fee which may be added to generate funds for a particular cause or charitable organization;

      (b) The fee to be received by the Department for the renewal of the special license plate is $10, exclusive of any additional fee which may be added to generate financial support for a particular cause or charitable organization; and

      (c) The Department shall not design, prepare or issue a special license plate unless, within 4 years after the date on which the measure authorizing the issuance becomes effective, it receives at least 250 applications for the issuance of that plate.

      [Part 12:202:1931; A 1949, 45; 1953, 106; 1955, 582]—(NRS A 1959, 862; 1961, 129; 1963, 224, 1126; 1997, 2996; 2009, 395)

      NRS 482.266  Manufacture of license plates substantially similar to license plates issued before January 1, 1982: Written request; fee; delivery; duties of Department; retention of old plates authorized if requested plates contain same letters and numbers.

      1.  A person who desires to have regular or personalized license plates that are substantially in the same color and form as license plates manufactured before January 1, 1982, must:

      (a) Submit a written request for such license plates to the Department in a manner and form prescribed by the Department; and

      (b) In addition to all other applicable registration fees, licensing fees and governmental services taxes, pay the manufacturing fee prescribed by the Department.

Ê A person requesting license plates pursuant to this section must comply with all requirements for registration and licensing pursuant to this chapter. A request for license plates pursuant to this section does not, by itself, constitute a request for special license plates pursuant to subsection 3 of NRS 482.265.

      2.  After receiving a request and the full amount of the payment due for license plates requested pursuant to subsection 1, the Department shall manufacture the license plates using substantially the same process, dies and materials as were used to manufacture license plates before January 1, 1982. The Department shall deliver license plates requested pursuant to this section to a person who requests such license plates within 180 days after acceptance of the written request or after receipt of payment therefor, whichever occurs last.

      3.  The Department shall:

      (a) Prescribe, by regulation, a manner and form for submitting a written request pursuant to subsection 1. The form must include, without limitation, an indication of whether the requester desires to have the same letters and numbers on the license plates requested as are on the license plates that are registered to the requester at the time of the request.

      (b) Determine the cost of manufacturing a license plate pursuant to this section and prescribe a manufacturing fee, which must not exceed $25, to defray the cost of manufacturing license plates pursuant to this section. The manufacturing fee must be:

             (1) Collected by the Department;

             (2) Deposited with the State Treasurer to the credit of the State Highway Fund; and

             (3) Allocated to the Revolving Account for the Issuance of Special License Plates created pursuant to NRS 482.1805 to defray the costs of manufacturing license plates pursuant to this section.

      4.  A person who requests license plates pursuant to this section may keep the license plates which are registered to him or her at the time of the request if the license plates requested contain the same letters and numbers as the license plates which are registered to the person at the time of the request.

      (Added to NRS by 1997, 1502; A 1999, 766, 767, 3328; 2001, 311; 2009, 1029)

      NRS 482.267  License plates: Production at facility of Department of Corrections.  The Director shall utilize the facility for the production of license plates which is located at the Department of Corrections to produce all license plates required by the Department of Motor Vehicles.

      (Added to NRS by 1987, 1022; A 2001, 2547; 2001 Special Session, 244; 2003, 289)

      NRS 482.268  License plates: Additional fee for issuance; deposit of fee.  In addition to any other applicable fee, there must be paid to the Department a fee of 50 cents for each license plate issued for a motor vehicle, trailer or semitrailer. The fee paid pursuant to this section must be deposited with the State Treasurer for credit to the Fund for Prison Industries to defray the cost of producing the license plate.

      (Added to NRS by 1987, 1022)

      NRS 482.270  License plates: General specifications; redesign; configuration of special license plates designed, prepared and issued pursuant to process of direct application and petition.

      1.  Except as otherwise provided in this section or by specific statute, the Director shall order the redesign and preparation of motor vehicle license plates with colors that are predominately blue and silver. The Director may substitute white in place of silver when no suitable material is available.

      2.  Except as otherwise provided in subsection 3, the Department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.

      3.  The Department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without the approval of the person.

      4.  The Director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      5.  Every license plate must have displayed upon it:

      (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

      (b) The name of this State, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      6.  Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.

      7.  Each special license plate that is designed, prepared and issued pursuant to NRS 482.367002 must be designed and prepared in such a manner that:

      (a) The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is suggested pursuant to paragraph (e) of subsection 2 of that section; and

      (b) The remainder of the plate conforms to the requirements for coloring, lettering and design that are set forth in this section.

      [Part 12:202:1931; A 1949, 45; 1953, 106; 1955, 582] + [1:131:1943; 1943 NCL § 4443.01] + [1:319:1953]—(NRS A 1960, 128; 1961, 130, 419; 1965, 1337; 1969, 340, 685, 1048; 1971, 51; 1973, 864; 1975, 698; 1977, 356, 1008; 1979, 94; 1981, 1550; 1989, 1151; 1991, 134; 1993, 1345, 1387; 1995, 568, 1659, 1664, 1665, 1668; 1997, 137, 174, 539, 1360, 1502, 1549, 2977, 2997, 3003, 3005, 3053; 1999, 455, 456, 2566; 2003, 3068; 2007, 322)

      NRS 482.2703  License plates: Samples; form; fee; penalty.

      1.  The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

      5.  All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

      (Added to NRS by 1995, 341; A 1997, 174, 1360, 1550, 2823, 3053; 1999, 157; 2007, 574)

      NRS 482.2705  License plates: Passenger cars and trucks; duties of Director.

      1.  The Director shall order the preparation of vehicle license plates for passenger cars and trucks in the same manner as is provided for motor vehicles generally in NRS 482.270.

      2.  Except as otherwise provided by specific statute, the Director shall determine the combinations of letters and numbers which constitute the designations for license plates assigned to passenger cars and trucks.

      3.  Any license plate issued for a passenger car or truck before January 1, 1982, bearing a designation which is not in conformance with the system described in subsection 2 is valid during the period for which the plate was originally issued as well as during any annual extensions by stickers.

      (Added to NRS by 1981, 1549; A 1983, 1229; 1989, 1151; 1993, 1346, 2600; 1995, 715; 2007, 323)

      NRS 482.271  License plates: Decals; fees.

      1.  The Director shall order the preparation of decals which are adhesive strips treated to reflect light and designed to fit in the spaces reserved for the names of counties on vehicle license plates for passenger cars and trucks. Each decal must display the name of a county in prominent block lettering.

      2.  The decals described in subsection 1 may be purchased for display on license plates in the spaces reserved for them. They must be available for purchase upon request, in person or by mail, in every office where motor vehicle license plates may be purchased.

      3.  The fee for a decal is $0.50, which must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the cost of manufacturing the decals.

      (Added to NRS by 1981, 1549; A 1983, 1229; 1989, 1615)

      NRS 482.2715  License plates: Registrant entitled to maintain code if continuously renewed; exceptions; issuance of replacement plates with same code after expiration of registration; fee.

      1.  Unless the vehicle license plate is:

      (a) A special plate which the registrant is no longer eligible to display; or

      (b) A personalized plate, the code of which denotes that the registrant holds a public office which the registrant no longer holds,

Ê if a certificate of registration and vehicle license plate with a particular code are continuously renewed, the registrant is entitled to maintain that code as long as the registrant desires to do so.

      2.  When any certificate of registration and vehicle license plate expires and remains expired for a continuous period longer than 18 months, the Department may issue, without notice to the previous registrant, replacement plates which bear the same codes. An applicant for such replacement plates must pay the usual registration fees and an application fee of $25.

      (Added to NRS by 1981, 1550; A 1985, 926)

      NRS 482.2717  License plates to be issued to automobile wreckers and operators of salvage pools.  The Department shall provide suitable plates for automobile wreckers and operators of salvage pools upon payment of a fee of $12 for each set of plates. The Department shall not issue more than three sets of plates to a licensee. Such plates authorize the movement of vehicles in accordance with NRS 487.090 and 487.460.

      (Added to NRS by 1987, 1592)

      NRS 482.272  License plates: Motorcycles.  Each license plate for a motorcycle may contain up to six characters, including numbers and letters. Only one plate may be issued for a motorcycle.

      (Added to NRS by 1973, 865; A 1975, 699; 2003, 459)

      NRS 482.274  License plates: Trailers; duties of Director.

      1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270.

      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers.

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      (Added to NRS by 1969, 1050; A 1971, 53; 1975, 700; 1979, 97; 1983, 812; 2007, 323)

      NRS 482.275  License plates: Display.

      1.  The license plates for a motor vehicle other than a motorcycle or motor vehicle being transported by a licensed vehicle transporter must be attached thereto, one in the rear and, except as otherwise provided in subsection 2, one in the front. The license plate issued for all other vehicles required to be registered must be attached to the rear of the vehicle. The license plates must be so displayed during the current calendar year or registration period.

      2.  If the motor vehicle was not manufactured to include a bracket, device or other contrivance to display and secure a front license plate, and if the manufacturer of the motor vehicle provided no other means or method by which a front license plate may be displayed upon and secured to the motor vehicle:

      (a) One license plate must be attached to the motor vehicle in the rear; and

      (b) The other license plate may, at the option of the owner of the vehicle, be attached to the motor vehicle in the front.

      3.  The provisions of subsection 2 do not relieve the Department of the duty to issue a set of two license plates as otherwise required pursuant to NRS 482.265 or other applicable law and do not entitle the owner of a motor vehicle to pay a reduced tax or fee in connection with the registration or transfer of the motor vehicle. If the owner of a motor vehicle, in accordance with the provisions of subsection 2, exercises the option to attach a license plate only to the rear of the motor vehicle, the owner shall:

      (a) Retain the other license plate; and

      (b) Insofar as it may be practicable, return or surrender both plates to the Department as a set when required by law to do so.

      4.  Every license plate must at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than 12 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and must be maintained free from foreign materials and in a condition to be clearly legible.

      5.  Any license plate which is issued to a vehicle transporter or a dealer, rebuilder or manufacturer may be attached to a vehicle owned or controlled by that person by a secure means. No license plate may be displayed loosely in the window or by any other unsecured method in any motor vehicle.

      [13:202:1931; 1931 NCL § 4435.12]—(NRS A 1959, 863; 1963, 1127; 1969, 686; 1983, 1000; 1987, 2079; 2005, 983; 2009, 395)

      NRS 482.280  Expiration and renewal of registration.

      1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The Department shall mail to each holder of a certificate of registration a notification for renewal of registration for the following period of registration. The notifications must be mailed by the Department in sufficient time to allow all applicants to mail the notifications to the Department or to renew the certificate of registration at a kiosk or authorized inspection station or via the Internet or an interactive response system and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present or submit the notification to any agent or office of the Department.

      2.  A notification:

      (a) Mailed or presented to the Department or to a county assessor pursuant to the provisions of this section;

      (b) Submitted to the Department pursuant to NRS 482.294; or

      (c) Presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281,

Ê must include, if required, evidence of compliance with standards for the control of emissions.

      3.  The Department shall include with each notification mailed pursuant to subsection 1:

      (a) The amount of the governmental services tax to be collected pursuant to the provisions of NRS 482.260.

      (b) The amount set forth in a notice of nonpayment filed with the Department by a local authority pursuant to NRS 484B.527.

      (c) A statement which informs the applicant:

             (1) That, pursuant to NRS 485.185, the applicant is legally required to maintain insurance during the period in which the motor vehicle is registered which must be provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State; and

             (2) Of any other applicable requirements set forth in chapter 485 of NRS and any regulations adopted pursuant thereto.

      4.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the Department as it may find necessary for the issuance of the new plate or plates or card of registration.

      [14:202:1931; A 1953, 330]—(NRS A 1959, 912; 1960, 100; 1963, 224, 1127; 1969, 686; 1971, 1553; 1975, 334, 1793; 1977, 924; 1979, 1820; 1981, 1694, 1695; 1983, 1619; 1985, 679; 1987, 1086, 2145; 1989, 505, 1872, 1874; 1991, 1914; 1993, 2201, 2860; 1995, 727, 728, 2359, 2730; 1997, 131, 625; 2001, 312, 2781; 2009, 1357, 2197)

      NRS 482.2805  Department not to renew registration if local authority has filed notice of nonpayment pursuant to NRS 484B.527; fee for service performed by Department.

      1.  Except as otherwise provided in subsection 3, the Department shall not renew the registration of a motor vehicle if a local authority has filed with the Department a notice of nonpayment pursuant to NRS 484B.527 unless, at the time for renewal of the registration, the registered owner of the motor vehicle provides to the Department a receipt issued by the local authority pursuant to NRS 482.2807.

      2.  If the registered owner provides a receipt to the Department pursuant to subsection 1 and complies with the other requirements of this chapter, the Department shall renew the registration of the motor vehicle.

      3.  The Department shall renew the registration of a motor vehicle owned by a short-term lessor for which the Department has received a notice of nonpayment pursuant to NRS 484B.527 without requiring the short-term lessor to provide a receipt pursuant to subsection 1 if the short-term lessor submits to the Department a certificate issued by a local authority pursuant to subsection 4.

      4.  A local authority shall, upon request, issue to a short-term lessor a certificate which requires the Department to renew the registration of a motor vehicle owned by the short-term lessor without requiring the short-term lessor to provide a receipt pursuant to subsection 1 if the short-term lessor provides the local authority with the name, address and number of the driver’s license of the short-term lessee who was leasing the vehicle at the time of the violation.

      5.  Upon the request of the registered owner of a motor vehicle, the Department shall provide a copy of the notice of nonpayment filed with the Department by the local agency pursuant to NRS 484B.527.

      6.  If the registration of a motor vehicle that is identified in a notice of nonpayment filed with the Department by a local authority pursuant to NRS 484B.527 is not renewed for two consecutive periods of registration, the Department shall delete any records maintained by the Department concerning that notice.

      7.  The Department may require a local authority to pay a fee for the creation, maintenance or revision of a record of the Department concerning a notice of nonpayment filed with the Department by the local authority pursuant to NRS 484B.527. The Department shall, by regulation, establish any fee required by this subsection. Any fees collected by the Department pursuant to this subsection must be:

      (a) Deposited with the State Treasurer for credit to the Motor Vehicle Fund; and

      (b) Allocated to the Department to defray the cost of carrying out the provisions of this section.

      (Added to NRS by 1995, 2358; A 1997, 463)

      NRS 482.2807  Requirements for registration if local government has filed notice of nonpayment pursuant to NRS 484B.527.  If a local authority files with the Department a notice of nonpayment pursuant to NRS 484B.527and the registered owner of the motor vehicle for which the Department received the notice pays to the local authority each civil penalty or criminal fine or other charge imposed by the local authority against the registered owner for a violation of:

      1.  The provisions of NRS 484B.440 to 484B.523, inclusive; or

      2.  An ordinance of the local authority authorized by chapters 484A to 484E, inclusive, of NRS that covers the same subject matter as the provisions of NRS 484B.440 to 484B.523, inclusive,

Ê the local authority shall issue to the registered owner a receipt which indicates that the penalty, fine or charge has been paid.

      (Added to NRS by 1995, 2359; A 1997, 465)

      NRS 482.281  Authority of Department of Motor Vehicles to allow authorized inspection station or authorized station to renew certificates of registration; adoption of regulations.

      1.  The Department may allow an authorized inspection station or authorized station to renew certificates of registration for motor vehicles.

      2.  The Department shall not issue a license to an authorized inspection station or authorized station to renew certificates of registration if that station has committed any of the violations set forth in NRS 445B.790.

      3.  An authorized inspection station or authorized station shall not renew a certificate of registration for a motor vehicle unless the station has issued a certificate of emissions compliance for that vehicle.

      4.  The Department shall establish bonding and surety requirements for an authorized inspection station or authorized station that is authorized to renew certificates of registration. Each such station shall obtain the equipment necessary for the operation of the station, as determined by the Department, and pay the costs of any audit required by the Department.

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

      (a) The requirements for licensing an authorized inspection station or authorized station to renew certificates of registration; and

      (b) The compensation an authorized inspection station or authorized station is entitled to receive for the renewal of a certificate of registration.

      6.  As used in this section:

      (a) “Authorized inspection station” has the meaning ascribed to it in NRS 445B.710.

      (b) “Authorized station” has the meaning ascribed to it in NRS 445B.720.

      (Added to NRS by 1991, 1913; A 1993, 2861; 2001, 700)

      NRS 482.283  Change of name or place of residence: Notice to Department required; timing and contents of notice.  Each holder of a valid registration, upon changing his or her name or place of residence, shall notify the Department of the change within 30 days after the change and shall include in the notice both the old and new names and residence addresses.

      (Added to NRS by 1959, 916; A 1960, 101; 2003, 375)

      NRS 482.285  Certificates, decals and number plates: Illegibility, loss, mutilation or theft; obtaining of duplicates or substitutes; fees and taxes.

      1.  If any certificate of registration or certificate of title is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information satisfactory to the Department and upon payment of the required fees.

      2.  If any license plate or plates or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain:

      (a) A duplicate number plate or a substitute number plate;

      (b) A substitute decal; or

      (c) A combination of both (a) and (b),

Ê as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.

      3.  If any license plate or plates or any decal is stolen, the person to whom it was issued shall immediately make application for and obtain:

      (a) A substitute number plate;

      (b) A substitute decal; or

      (c) A combination of both (a) and (b),

Ê as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.

      4.  The Department shall issue duplicate number plates or substitute number plates and, if applicable, a substitute decal, if the applicant:

      (a) Returns the mutilated or illegible plates to the Department or signs a declaration that the plates were lost, mutilated or illegible; and

      (b) Complies with the provisions of subsection 6.

      5.  The Department shall issue substitute number plates and, if applicable, a substitute decal, if the applicant:

      (a) Signs a declaration that the plates were stolen; and

      (b) Complies with the provisions of subsection 6.

      6.  Except as otherwise provided in this subsection, an applicant who desires duplicate number plates or substitute number plates must make application for renewal of registration. Credit must be allowed for the portion of the registration fee and governmental services tax attributable to the remainder of the current registration period. In lieu of making application for renewal of registration, an applicant may elect to make application solely for:

      (a) Duplicate number plates or substitute number plates, and a substitute decal, if the previous license plates were lost, mutilated or illegible; or

      (b) Substitute number plates and a substitute decal, if the previous license plates were stolen.

      7.  An applicant who makes the election described in subsection 6 retains the current date of expiration for the registration of the applicable vehicle and is not, as a prerequisite to receiving duplicate number plates or substitute number plates or a substitute decal, required to:

      (a) Submit evidence of compliance with controls over emission; or

      (b) Pay the registration fee and governmental services tax attributable to a full 12-month period of registration.

      [18:202:1931; 1931 NCL § 4435.17]—(NRS A 1975, 132; 1977, 358; 1985, 29; 1991, 193, 2312; 2001, 312; 2003, 375)

      NRS 482.290  Assignment and recording of new vehicle identification number if old number has been falsely attached, removed, defaced, altered or obliterated; authority of Department; fee; penalty for certain acts committed with intent to defraud.

      1.  The Department is authorized to assign a distinguishing number to any motor vehicle or trailer whenever the vehicle identification number thereon has been falsely attached, removed, defaced, altered or obliterated, and any motor vehicle or trailer to which there is assigned a distinguishing number as authorized in this section shall be registered under such distinguishing number.

      2.  The Department shall collect a fee of $2 for the assignment and recording of each such vehicle identification number and for the assignment of distinguishing numbers pursuant to NRS 482.553.

      3.  The number by which a motor vehicle or trailer is registered shall be permanently stamped or attached to the vehicle. False attachment or willful removal, defacement, alteration or obliteration of such a number with intent to defraud is a gross misdemeanor.

      [8:202:1931; 1931 NCL § 4435.07]—(NRS A 1959, 214; 1965, 654; 1975, 64; 2007, 2362)

ELECTRONIC SUBMISSION AND STORAGE OF DOCUMENTS

      NRS 482.292  “Document” defined.  As used in this section and NRS 482.293 and 482.294, unless the context otherwise requires, “document” means an application, notice, report, statement or other record relating to the issuance or renewal of a certificate of registration, or the issuance of a certificate of title, pursuant to this chapter.

      (Added to NRS by 2001, 2778; A 2003, 460, 1218)

      NRS 482.293  Authority of Department of Motor Vehicles to establish program; validity of electronic submission or storage; persons allowed to apply for participation; adoption of regulations; required content of regulations; acceptance of gifts and grants.

      1.  The Department may establish a program for the electronic submission and storage of documents.

      2.  If the Department establishes a program pursuant to subsection 1:

      (a) An electronic submission or storage of documents that is carried out pursuant to the program with respect to a particular transaction is not valid unless all original documents required for the transaction pursuant to:

             (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

             (2) The provisions of any regulations adopted pursuant thereto,

Ê have been executed and submitted to the Department.

      (b) The Department shall allow only the following persons to apply for participation in the program:

             (1) Financial institutions, new vehicle dealers and used vehicle dealers, for the purpose of submitting documents by electronic means to the Department on behalf of their customers.

            (2) Owners of fleets composed of 10 or more vehicles.

      (c) The Department shall adopt regulations to carry out the program.

      3.  The regulations required to be adopted pursuant to paragraph (c) of subsection 2 must include, without limitation:

      (a) The type of electronic transmission that the Department will accept for the program.

      (b) The process for submission of an application by a person who desires to participate in the program and the fee, if any, that must accompany the application for participation.

      (c) The criteria that will be applied by the Department in determining whether to approve an application to participate in the program.

      (d) The standards for ensuring the security and integrity of the process for issuance and renewal of a certificate of registration and a certificate of title, including, without limitation, the procedure for a financial and performance audit of the program.

      (e) The terms and conditions for participation in the program and any restrictions on the participation.

      (f) The contents of a written agreement that must be on file with the Department before a participant may submit a document by electronic means to the Department. Such written agreement must include, without limitation:

             (1) An assurance that each document submitted by electronic means contains all the information that is necessary to complete the transaction for which the document is submitted;

             (2) Certification that all the information contained in each document that is submitted by electronic means is truthful and accurate;

             (3) An assurance that the participant who submits a document by electronic means will maintain all information and records that are necessary to support the document; and

             (4) The signature of the participant who files the written agreement with the Department.

      (g) The conditions under which the Department may revoke the approval of a person to participate in the program, including, without limitation, failure to comply with this section and NRS 482.294 and the regulations adopted pursuant thereto.

      (h) The method by which the Department will store documents that are submitted to it by electronic means.

      (i) The required technology that is necessary to carry out the program.

      (j) Any other regulations that the Department determines necessary to carry out the program.

      (k) Procedures to ensure compliance with:

             (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

             (2) The provisions of any regulations adopted pursuant thereto,

Ê to the extent that such provisions relate to the submission and retention of documents used for the transfer of the ownership of vehicles.

      4.  The Department may accept gifts and grants from any source, including, without limitation, donations of materials, equipment and labor, for the establishment and maintenance of a program pursuant to this section.

      (Added to NRS by 2001, 2778; A 2003, 460, 1218)

      NRS 482.294  Approval by Department of Motor Vehicles for person to participate in program; waiver of requirement of signature of natural person; document submitted by electronic means deemed to be original document.

      1.  If the Department approves an application for a person to participate in a program established pursuant to NRS 482.293, that participant may submit, by electronic means, a document that is required to be submitted pursuant to this chapter for the issuance or renewal of a certificate of registration or a certificate of title.

      2.  If the signature of a natural person is required pursuant to this chapter on a document that is submitted by electronic means, the Department may waive that requirement:

      (a) In the case of a participant who is a financial institution, new vehicle dealer or used vehicle dealer, if the participant who submitted the document on behalf of that person complies with all requirements of this program.

      (b) In the case of a participant who is an owner of a fleet composed of 10 or more vehicles, if the participant complies with all requirements of this program.

      3.  Notwithstanding any other provision of law to the contrary, a document that is submitted by electronic means pursuant to subsection 1, if accepted by the Department, shall be deemed an original document in administrative proceedings, quasi-judicial proceedings and judicial proceedings.

      (Added to NRS by 2001, 2780; A 2003, 461, 1220)

VEHICLES LEASED FOR SHORT TERM

      NRS 482.295  Registration by short-term lessor: Proof of financial ability to respond to damages.  The Department or a registered dealer shall not register a vehicle intended to be leased by a short-term lessor until the owner demonstrates to the Department the owner’s financial ability to respond to damages by providing evidence of insurance as that term is defined in NRS 485.034.

      [Part 6:202:1931; A 1943, 51; 1949, 511; 1953, 52]—(NRS A 1967, 705; 1969, 186; 1973, 770; 1975, 1071; 1987, 668; 1995, 1864, 2731; 1997, 662)

      NRS 482.300  Short-term lessor must be licensed.  It is unlawful for any person to engage in the activities of a short-term lessor unless such person has been licensed pursuant to NRS 482.363.

      [Part 20:202:1931; 1931 NCL § 4435.19]—(NRS A 1967, 705; 1973, 771; 1975, 1072)

      NRS 482.305  Short-term lessor not providing coverage jointly and severally liable with short-term lessee for certain damages; notice to lessee of extent of coverage; dismissal of action against lessor if coverage provided.

      1.  The short-term lessor of a motor vehicle who permits the short-term lessee to operate the vehicle upon the highways, and who has not complied with NRS 482.295 insuring or otherwise covering the short-term lessee against liability arising out of his or her negligence in the operation of the rented vehicle in limits of not less than $15,000 for any one person injured or killed and $30,000 for any number more than one, injured or killed in any one accident, and against liability of the short-term lessee for property damage in the limit of not less than $10,000 for one accident, is jointly and severally liable with the short-term lessee for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of any person operating the vehicle by or with the permission of the short-term lessee, except that the foregoing provisions do not confer any right of action upon any passenger in the rented vehicle against the short-term lessor. This section does not prevent the introduction as a defense of contributory negligence to the extent to which this defense is allowed in other cases.

      2.  The policy of insurance, surety bond or deposit of cash or securities inures to the benefit of any person operating the vehicle by or with the permission of the short-term lessee in the same manner, under the same conditions and to the same extent as to the short-term lessee.

      3.  The insurance policy, surety bond or deposit of cash or securities need not cover any liability incurred by the short-term lessee of any vehicle to any passenger in the vehicle; but the short-term lessor before delivering the vehicle shall give to the short-term lessee a written notice of the fact that such a policy, bond or deposit does not cover the liability which the short-term lessee may incur on account of his or her negligence in the operation of the vehicle to any passenger in the vehicle.

      4.  When any suit or action is brought against the short-term lessor under this section, the judge before whom the case is pending shall hold a preliminary hearing in the absence of the jury to determine whether the short-term lessor has provided insurance or a surety bond or deposit of cash or securities covering the short-term lessee as required by subsection 1. Whenever it appears that the short-term lessor has provided insurance or a surety bond or deposit of cash or securities covering the short-term lessee in the required amount, the judge shall dismiss as to the short-term lessor the action brought under this section.

      [Part 20:202:1931; 1931 NCL § 4435.19]—(NRS A 1967, 705; 1973, 771; 1987, 669)

      NRS 482.308  Discrimination by short-term lessor against member of Armed Forces prohibited; penalty.

      1.  No short-term lessor may:

      (a) Refuse to lease a vehicle to a member of the Armed Forces of the United States; or

      (b) Discriminate against such a person in the terms, conditions or privileges of the rental of a vehicle,

Ê because of that person’s membership in the Armed Forces.

      2.  Any person who willfully violates any provision of subsection 1 is guilty of a misdemeanor.

      (Added to NRS by 1989, 619)

      NRS 482.310  Type of license plate for leased vehicle.  The Department shall issue for every passenger motor vehicle leased by a short-term lessor the same type of number plates as the type of plates issued for private passenger vehicles.

      [Part 12:202:1931; A 1949, 45; 1953, 106; 1955, 582]—(NRS A 1967, 706)

      NRS 482.313  Charging, collecting, reporting and remitting of certain fees in connection with lease of passenger car by short-term lessor; deposit of money into State General Fund and State Highway Fund; certain amounts excluded from calculation of fees; duties of Executive Director of Department of Taxation.

      1.  Upon the lease of a passenger car by a short-term lessor in this State, the short-term lessor shall charge and collect from the short-term lessee:

      (a) A governmental services fee of 10 percent of the total amount for which the passenger car was leased, excluding the items described in subsection 7; and

      (b) Any fee required pursuant to NRS 244A.810 or 244A.860.

Ê The amount of each fee charged pursuant to this subsection must be indicated in the lease agreement.

      2.  The fees due from a short-term lessor to the Department of Taxation pursuant to subsection 1 are due on the last day of each calendar quarter. On or before the last day of the month following each calendar quarter, the short-term lessor shall:

      (a) File with the Department of Taxation, on a form prescribed by the Department of Taxation, a report indicating the total amount of each of the fees collected by the short-term lessor pursuant to subsection 1 during the immediately preceding calendar quarter; and

      (b) Remit to the Department of Taxation the fees collected by the short-term lessor pursuant to subsection 1 during the immediately preceding calendar quarter.

      3.  Except as otherwise provided in a contract made pursuant to NRS 244A.820 or 244A.870, the Department of Taxation shall deposit:

      (a) All money received from short-term lessors pursuant to the provisions of paragraph (b) of subsection 1 with the State Treasurer for credit to the State General Fund;

      (b) Nine-tenths of the money received from short-term lessors pursuant to the terms of paragraph (a) of subsection 1 with the State Treasurer for credit to the State General Fund; and

      (c) One-tenth of the money received from short-term lessors pursuant to the terms of paragraph (a) of subsection 1 with the State Treasurer for credit to the State Highway Fund for administration pursuant to subsection 8 of NRS 408.235.

      4.  To ensure compliance with this section, the Department of Taxation may audit the records of a short-term lessor.

      5.  The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.

      6.  The Department of Motor Vehicles shall, upon request, provide to the Department of Taxation any information in its records relating to a short-term lessor that the Department of Taxation considers necessary to collect the fees described in subsection 1.

      7.  For the purposes of charging and collecting the governmental services fee described in paragraph (a) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:

      (a) The amount of any fee charged and collected pursuant to paragraph (b) of subsection 1;

      (b) The amount of any charge for fuel used to operate the passenger car;

      (c) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;

      (d) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property; and

      (e) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible.

      8.  The Executive Director of the Department of Taxation shall:

      (a) Adopt such regulations as the Executive Director determines are necessary to carry out the provisions of this section; and

      (b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record or report described in this section.

      (Added to NRS by 1993, 2111; A 1997, 824; 2001, 313, 2547, 3097; 2003, 1684, 2930; 2003, 20th Special Session, 296; 2007, 1594; 2008, 25th Special Session, 20; 2009, 2141)

      NRS 482.315  Records of short-term lessor: Maintenance; inspection; form; penalty; duties of Executive Director of Department of Taxation.

      1.  Every person engaged in business as a short-term lessor shall maintain a record of the identity of each short-term lessee and the exact time the vehicle is the subject of such lease or in the possession of the short-term lessee.

      2.  Every such record is a public record and open to inspection by any person.

      3.  If the Executive Director of the Department of Taxation prescribes a form for the keeping of the record provided for in this section, the short-term lessor shall use the form.

      4.  It shall be a misdemeanor for any such short-term lessor to fail to make or possess or to refuse an inspection of the record required in this section.

      5.  The Executive Director of the Department of Taxation shall:

      (a) Adopt such regulations as the Executive Director determines are necessary to carry out the provisions of this section; and

      (b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record described in this section.

      [21:202:1931; 1931 NCL § 4435.20]—(NRS A 1961, 130; 1967, 706; 2003, 1686)

      NRS 482.3151  Definitions.  As used in NRS 482.3151 to 482.3159, inclusive, unless the context otherwise requires, the words and terms defined in NRS 482.31515 to 482.3153, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1989, 1618; A 2009, 2143)

      NRS 482.31515  “Authorized driver” defined.  “Authorized driver” means:

      1.  The short-term lessee of a passenger car.

      2.  The spouse of the short-term lessee, if that person is a licensed driver and satisfies any minimum age requirement of the short-term lessor.

      3.  The employer or coworker of the short-term lessee, if the employer or coworker is engaged in business activity with the lessee, is a licensed driver and satisfies any minimum age requirement of the short-term lessor.

      4.  Any person listed on a lease by the short-term lessor as an authorized driver.

      (Added to NRS by 1989, 1618)

      NRS 482.3152  “Estimated time for repair” defined.  “Estimated time for repair” means an estimate made in good faith of the reasonable number of hours of labor, or a fraction thereof, needed to repair the damaged parts of a passenger car.

      (Added to NRS by 1989, 1619)

      NRS 482.31525  “Estimated time for replacement” defined.  “Estimated time for replacement” means the number of hours of labor, or a fraction thereof, needed to replace the damaged parts of a passenger car as set forth in a guide for estimating damage caused by a collision generally used in the business of repair of cars and commonly known as a “crash book.”

      (Added to NRS by 1989, 1619)

      NRS 482.31527  “Vehicle licensing costs” defined.  “Vehicle licensing costs” means:

      1.  The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by the short-term lessor, including, without limitation, fees for license plates and license plate decals, stickers and tabs, and inspection fees; and

      2.  The basic and supplemental governmental services taxes paid by the short-term lessor with regard to those passenger cars.

      (Added to NRS by 2009, 2140)

      NRS 482.3153  “Waiver of damages” defined.  “Waiver of damages” means an agreement by the short-term lessor not to hold a short-term lessee liable for any:

      1.  Portion of the damage or loss related to a leased passenger car.

      2.  Loss of use of the passenger car.

      3.  Charges for storage, impound, towing or administration.

      (Added to NRS by 1989, 1619)

      NRS 482.31535  Permissible agreements between lessor and lessee as to responsibility for damage to or loss of passenger car leased for short term; determination of fair market value.

      1.  Except as otherwise provided in NRS 482.3154, a short-term lessor and a short-term lessee of a passenger car may agree that the lessee will be responsible for:

      (a) Physical damage to the car, up to and including its fair market value, regardless of the cause of the damage.

      (b) Mechanical damage to the car, up to and including its fair market value, resulting from:

             (1) A collision;

             (2) An impact; or

             (3) Any other type of incident,

Ê that is caused by a deliberate or negligent act or omission on the part of the lessee.

      (c) Loss resulting from theft of the car, up to and including its fair market value, except that the lessee is presumed to have no liability for any loss resulting from theft if an authorized driver:

             (1) Has possession of the ignition key furnished by the lessor or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and

             (2) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft.

Ê The lessor may rebut the presumption set forth in this paragraph by establishing that an authorized driver committed or aided and abetted the commission of the theft.

      (d) Physical damage to the car, up to and including its fair market value, resulting from vandalism occurring after or in connection with the theft of the car, except that the lessee has no liability for any damage resulting from vandalism if the lessee has no liability for theft pursuant to paragraph (c).

      (e) Physical damage to the car and loss of use of the car, up to $2,500, resulting from vandalism not related to the theft of the car and not caused by the lessee.

      (f) Loss of use of the car if the lessee is liable for damage or loss.

      (g) Actual charges for towing and storage and impound fees paid by the lessor if the lessee is liable for damage or loss.

      (h) An administrative charge that includes the cost of appraisal and other costs incident to the damage, loss, loss of use, repair or replacement of the car.

      2.  For the purposes of this section, the fair market value must be determined in the customary market for the sale of the leased passenger car.

      (Added to NRS by 1989, 1619; A 2003, 980; 2009, 548)

      NRS 482.3154  Limitation on liability of short-term lessee concerning damage to or loss of leased passenger car; limitation of short-term lessor’s loss under certain circumstances; limitation or exclusion of administrative charge.

      1.  The total amount of the short-term lessee’s liability to the short-term lessor resulting from damage to a leased passenger car must not exceed the sum of the following:

      (a) The estimated cost for parts that the short-term lessor would have to pay to replace damaged parts. Any discount, price reduction or adjustment received by the lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the short-term lessee.

      (b) The estimated cost of labor to replace damaged parts of the passenger car, which must not exceed the product of:

             (1) The rate of labor usually paid by the lessor to replace parts of the type that were damaged; and

             (2) The estimated time for replacement.

Ê Any discount, price reduction or adjustment received by the short-term lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the lessee.

      (c) The estimated cost of labor to repair damaged parts of the passenger car, which must not exceed the lesser of:

             (1) The product of the rate for labor usually paid by the short-term lessor to repair parts of the type that were damaged and the estimated time for repair; or

             (2) The sum of the costs for estimated labor and parts determined pursuant to paragraphs (a) and (b) to replace the same parts.

Ê Any discount, price reduction or adjustment received by the short-term lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the lessee.

      (d) Except as otherwise provided in subsection 2, the loss of use of the leased passenger car, which must not exceed the product of:

             (1) The rate for the car stated in the short-term lessee’s lease, excluding all optional charges; and

             (2) The total of the estimated time for replacement and the estimated time for repair. For the purpose of converting the estimated time for repair into the same unit of time in which the rate of the lease is expressed, a day shall be deemed to consist of 8 hours.

      (e) Actual charges for towing and storage and impound fees paid by the short-term lessor.

      2.  Under any of the circumstances described in NRS 482.31555, the short-term lessor’s loss of use of the passenger car must not exceed the product of:

      (a) The rate for the car stated in the short-term lessee’s lease, excluding all optional charges; and

      (b) The period from the date of an accident to the date the car is ready to be returned to service if the lessor uses his or her best efforts to repair and return the car to service as soon as practicable.

      3.  An administrative charge pursuant to paragraph (h) of subsection 1 of NRS 482.31535 must not exceed:

      (a) Fifty dollars if the total estimated cost for parts and labor is more than $100 and less than or equal to $500.

      (b) One hundred dollars if the total estimated cost for parts and labor is more than $500 and less than or equal to $1,500.

      (c) One hundred and fifty dollars if the total estimated cost for parts and labor is more than $1,500.

Ê No administrative charge may be imposed if the total estimated cost of parts and labor is $100 or less.

      (Added to NRS by 1989, 1620; A 2003, 981)

      NRS 482.31545  Liability of authorized driver for damage occurring during operation of passenger car: Limitations.

      1.  The total amount of an authorized driver’s liability to the short-term lessor, if any, for damage occurring during the operation of a passenger car by the driver must not exceed the amount of the short-term lessee’s liability pursuant to NRS 482.3154.

      2.  The short-term lessor shall not recover from the short-term lessee and an authorized driver:

      (a) An amount that exceeds the lessee’s liability pursuant to NRS 482.3154.

      (b) For any item pursuant to NRS 482.31535 to the extent that the lessor obtains recovery from any other person.

      3.  The provisions of this section apply to the maximum liability of a short-term lessee or an authorized driver to the short-term lessor resulting from damage to a passenger car and not to the liability of any other person.

      (Added to NRS by 1989, 1621)

      NRS 482.3155  Waiver of damages: Required provisions; limitation is void; exception.  Except as otherwise provided in NRS 482.31555:

      1.  Every waiver of damages must provide that the short-term lessee of a passenger car has no liability for any damage, loss or loss of use, or any cost incident thereto.

      2.  Every limitation, exception or exclusion to any waiver of damages is void and unenforceable.

      (Added to NRS by 1989, 1621)

      NRS 482.31555  Short-term lessor authorized to restrict applicability of waiver of damages under certain circumstances.  A short-term lessor may provide in a lease of a passenger car that a waiver of damages does not apply in the following circumstances:

      1.  Damage or loss resulting from an authorized driver’s:

      (a) Intentional, willful, wanton or reckless conduct.

      (b) Operation of the car in violation of NRS 484C.110.

      (c) Towing or pushing with the car.

      (d) Operation of the car on an unpaved road if the damage or loss is a direct result of the road or driving conditions.

      2.  Damage or loss occurring when the passenger car is:

      (a) Used for hire.

      (b) Used in connection with conduct that constitutes a felony.

      (c) Involved in a speed test or contest or in driver training activity.

      (d) Operated by a person other than an authorized driver.

      (e) Operated in a foreign country or outside of the States of Nevada, Arizona, California, Idaho, Oregon and Utah, unless the lease expressly provides that the passenger car may be operated in other locations.

      3.  An authorized driver providing:

      (a) Fraudulent information to the short-term lessor.

      (b) False information to the lessor and the lessor would not have leased the passenger car if the lessor had received true information.

      4.  Damage or loss resulting from the theft of the passenger car if committed by an authorized driver or a person aided or abetted by an authorized driver. A theft is presumed to have been committed by a person other than an authorized driver or a person aided or abetted by an authorized driver if the short-term lessee of the car:

      (a) Has possession of the ignition key furnished by the lessor or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and

      (b) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft.

Ê The lessor may rebut the presumption set forth in this subsection by establishing that an authorized driver committed or aided and abetted another person in the commission of the theft.

      (Added to NRS by 1989, 1621; A 2003, 982; 2009, 549)

      NRS 482.3156  Waiver of damages: Disclosure of certain information required.  A short-term lessor who offers or provides a waiver of damages for any consideration in addition to the rate for lease of a passenger car shall clearly and conspicuously disclose the following information in the lease or a holder in which the lease is placed and on a sign posted at the place where the lessee signs the lease:

      1.  The nature and extent of the short-term lessee’s liability.

      2.  A statement that the short-term lessee’s personal insurance policy may provide coverage for all or a portion of the lessee’s potential liability.

      3.  A statement that the short-term lessee should consult with his or her insurer to determine the scope of insurance coverage.

      4.  A statement that the short-term lessee may purchase an optional waiver of damages to cover all liability subject to any exception that the short-term lessor includes and that is permitted by NRS 482.31555.

      5.  The charge for the waiver of damages.

      6.  A statement that Nevada law requires any driver of a passenger car and any passenger 5 years of age or older who rides in the front or back seat of a passenger car to wear a safety belt if one is available for that seating position.

      (Added to NRS by 1989, 1621)

      NRS 482.31565  Waiver of damages and optional insurance: Purchase as condition for lease prohibited; maximum charge; adjustment to reflect Consumer Price Index; advertisements; other prohibited practices.

      1.  A short-term lessor shall not require the purchase of a waiver of damages, optional insurance or any other optional good or service as a condition for the lease of a passenger car.

      2.  Except as otherwise provided in this subsection, a short-term lessor may sell a waiver of damages but shall not charge more than $22 per full or partial rental day or 24-hour rental period, as appropriate, for the waiver. The monetary amount set forth in this subsection must be adjusted for each fiscal year that begins on or after July 1, 2008, by adding to that amount the product of that amount multiplied by the percentage increase in the Consumer Price Index West Urban for All Urban Consumers (All Items) between the calendar year ending on December 31, 2005, and the calendar year immediately preceding the fiscal year for which the adjustment is made. The Department shall, on or before March 1 of each year, publish the adjusted amount for the next fiscal year on its website or otherwise make that information available to short-term lessors.

      3.  A short-term lessor who disseminates an advertisement in the State of Nevada that contains a rate for the lease of a passenger car shall include in the advertisement a clearly readable statement of the charge for a waiver of damages and a statement that the waiver is optional.

      4.  A short-term lessor shall not engage in any unfair, deceptive or coercive conduct to induce a short-term lessee to purchase a waiver of damages, optional insurance or any other optional good or service, including, but not limited to, refusing to honor the lessee’s reservation, limiting the availability of cars, requiring a deposit or debiting or blocking the lessee’s credit card account for a sum equivalent to a deposit if the lessee declines to purchase a waiver, optional insurance or any other optional good or service.

      (Added to NRS by 1989, 1622; A 2001, 535; 2003, 982; 2007, 1596)

      NRS 482.3157  Restrictions on recovery for damages to leased car by placing block or processing charge on lessee’s credit card; unfair, deceptive or coercive conduct prohibited.

      1.  A short-term lessor of a passenger car shall not seek to recover any portion of a claim arising out of damage to or loss of a leased passenger car by causing any block to be placed on the lessee’s credit card account.

      2.  A short-term lessor of a passenger car shall not process a charge on a short-term lessee’s credit card to pay for any damages to a passenger car leased by the lessee unless the lessor first:

      (a) Obtains the written consent of the lessee, on a form that is separate from the form for the lease, to pay for the damages by processing a charge on the lessee’s credit card;

      (b) Inspects the vehicle upon its return to the lessor to verify the extent of the damages; and

      (c) Provides the lessee with a written estimate of the cost to repair the damages and the lessee provides the lessor with written authorization to pay for the damages by processing a charge on the lessee’s credit card in an amount that does not exceed the amount of the written estimate.

Ê The lessee may waive the provisions of paragraph (c) if the inspection conducted pursuant to paragraph (b) indicates that the cost to repair the damages will not exceed $500 and the lessee provides the lessor with written authorization to pay for the damages by processing a charge on the lessee’s credit card in an amount that does not exceed $500.

      3.  A short-term lessor of a passenger car shall not engage in any unfair, deceptive or coercive tactics in attempting to recover or in recovering on any claim arising out of damage to or loss of a passenger car.

      (Added to NRS by 1989, 1622; A 1991, 1333)

      NRS 482.31575  Advertisement of lease: Disclosure of certain information required; exception.

      1.  Except as otherwise provided in subsection 2, a short-term lessor shall advertise, quote and charge a rate for leasing a passenger car which includes the entire amount that a short-term lessee must pay to lease the car for the period to which the rate applies, except taxes, charges for mileage and any fees paid to airports, including, without limitation, any concession fees which the short-term lessor pays to do business at an airport and which the short-term lessor charges to the short-term lessee.

      2.  The requirements of subsection 1 do not apply to fees charged pursuant to paragraph (a) or (b) of subsection 1 of NRS 482.313 or additional charges imposed pursuant to subsection 1 of NRS 482.3158 which are included in the quotation of an estimated total price for the short-term lease or which are separately identified and clearly disclosed in the lease agreement.

      3.  If a short-term lessor states a rate for lease of a passenger car in a printed advertisement or in a quotation transmitted by computer or telephone or in person, the lessor shall clearly disclose in the advertisement or quotation the terms of any mileage conditions relating to the advertised or quoted rate, including, but not limited to, the amount of mileage and gas charges, the number of miles for which no charges will be imposed and a description of geographic driving limitations.

      (Added to NRS by 1989, 1622; A 2009, 2143)

      NRS 482.3158  Certain additional charges permissible under certain circumstances; disclosure of certain additional charges required; certain additional fees prohibited; further prohibitions.

      1.  The short-term lessor of a passenger car may impose an additional charge:

      (a) Based on reasonable age criteria established by the lessor.

      (b) For any item or a service provided if the short-term lessee could have avoided incurring the charge by choosing not to obtain or utilize the optional item or service.

      (c) For insurance and accessories requested by the lessee.

      (d) For service incident to the lessee’s optional return of the passenger car to a location other than the location where the passenger car was leased.

      (e) For refueling the passenger car at the conclusion of the lease if the lessee did not return the passenger car with as much fuel as was in the fuel tank at the beginning of the lease.

      (f) For any authorized driver in addition to the short-term lessee but shall not, except as otherwise provided in this paragraph, charge more than $10 per full or partial 24-hour period for such an additional authorized driver. The monetary amount set forth in this paragraph must be adjusted for each fiscal year that begins on or after July 1, 2008, by adding to that amount the product of that amount multiplied by the percentage increase in the Consumer Price Index West Urban for All Urban Consumers (All Items) between the calendar year ending on December 31, 2005, and the calendar year immediately preceding the fiscal year for which the adjustment is made. The Department shall, on or before March 1 of each year, publish the adjusted amount for the next fiscal year on its website or otherwise make that information available to short-term lessors.

      (g) To recover costs incurred by the short-term lessor as a condition of doing business, including, without limitation:

             (1) The short-term lessor’s vehicle licensing costs; and

             (2) Concession, access and other fees imposed on the short-term lessor by an airport or other facility for the privilege of operating at the facility.

      (h) To recover any fees paid by the short-term lessor on behalf of the short-term lessee, including, without limitation, a customer facility charge imposed on the short-term lessee by an airport or other facility for the privilege of using the facility.

      2.  The short-term lessor of a passenger car that wishes to impose an additional charge pursuant to paragraph (g) or (h) of subsection 1:

      (a) Must, at the time the lease commences, provide the short-term lessee with a lease agreement which clearly discloses all charges for the entire lease, excluding charges that cannot be determined at the time the lease commences; and

      (b) Must:

             (1) At the time the short-term lessee makes the reservation for the short-term lease of the passenger car, provide a good faith estimate of the total of all charges for the entire lease, excluding mileage charges and charges for optional items that cannot be determined based upon the information provided by the short-term lessee; or

             (2) At the time the short-term lessor provides a price quote or estimate for the short-term lease of the passenger car, disclose the existence of any vehicle licensing costs and any other separately stated additional charge.

      3.  A short-term lessor shall not charge a short-term lessee, as a condition of leasing a passenger car, an additional fee for:

      (a) Any surcharges required for fuel.

      (b) Transporting the lessee to the location where the passenger car will be delivered to the lessee.

      4.  If a short-term lessor:

      (a) Delivers a passenger car to a short-term lessee at a location other than the location where the lessor normally carries on its business, the lessor shall not charge the lessee any amount for the period before the delivery of the passenger car.

      (b) Takes possession of a passenger car from a short-term lessee at a location other than the location where the lessor normally carries on its business, the lessor shall not charge the lessee any amount for the period after the lessee notifies the lessor to take possession of the passenger car.

      (Added to NRS by 1989, 1623; A 2001, 535; 2007, 1597; 2009, 2144)

      NRS 482.31583  Conditions for imposing additional charge; authorized and required actions relating to recovery of vehicle licensing costs; annual report to Department of Taxation.

      1.  A short-term lessor that wishes to impose an additional charge pursuant to NRS 482.3158 to recover its vehicle licensing costs must, not less than annually, make good faith estimates of:

      (a) Its vehicle licensing costs for the calendar year; and

      (b) The charge that must be imposed in each lease to recover those costs.

      2.  If the amount of money collected by a short-term lessor for the recovery of its vehicle licensing costs during a calendar year is different from the amount of those costs for that year, the short-term lessor shall:

      (a) Retain the amount collected; and

      (b) Adjust its estimate of its vehicle licensing costs and the charge that must be imposed on each lease to recover those costs for the immediately following calendar year by the amount of the difference.

      3.  This section does not prevent a short-term lessor from making adjustments in the amount of its charge to recover its vehicle licensing costs during the calendar year.

      4.  A short-term lessor shall annually report to the Department of Taxation:

      (a) The amount of the short-term lessor’s vehicle licensing costs for the immediately preceding calendar year; and

      (b) The amount of money collected by the short-term lessor for the recovery of its vehicle licensing costs for the immediately preceding calendar year.

      (Added to NRS by 2009, 2141)

      NRS 482.31585  Action for damages and equitable relief; attorney’s fees and costs.  A short-term lessee may bring an action against a short-term lessor for the recovery of damages and appropriate equitable relief for any violation of NRS 482.3151 to 482.3159, inclusive. The prevailing party is entitled to recover reasonable attorney’s fees and costs.

      (Added to NRS by 1989, 1623)

      NRS 482.3159  Waiver of provisions is void.  A waiver of any of the provisions of NRS 482.3151 to 482.3159, inclusive, is contrary to public policy and is void and unenforceable.

      (Added to NRS by 1989, 1623)

VEHICLE TRANSPORTERS

      NRS 482.316  Legislative declaration; license issued to vehicle transporter revocable privilege.  The purpose of licensing vehicle transporters is to protect the public health and safety and the general welfare of the people of this State. Any license issued pursuant to NRS 482.316 to 482.3175, inclusive, is a revocable privilege and a holder of such a license does not acquire thereby any vested right.

      (Added to NRS by 1987, 2077; A 1997, 2069)

      NRS 482.3161  Licensing required; applicability of NRS 482.316 to 482.3175, inclusive.

      1.  A person shall not operate as a vehicle transporter in this State without a license issued by the Department.

      2.  The provisions of NRS 482.316 to 482.3175, inclusive, do not apply to a manufacturer, distributor, dealer, broker or rebuilder licensed pursuant to the provisions of NRS 482.318 to 482.363, inclusive.

      (Added to NRS by 1987, 2077; A 1989, 1422; 1995, 2365; 1997, 2069)

      NRS 482.3163  License: Application; fees; renewal. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An application for a license as a vehicle transporter must be accompanied by a fee of $100, be submitted on forms supplied by the Department and include the social security number of the applicant. The forms must designate the persons whose names are required to appear on the forms. An additional fee for the processing of fingerprints must be submitted for each applicant for initial licensure. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      2.  The application for a license as a vehicle transporter must contain:

      (a) The applicant’s name and address; and

      (b) Such other information as the Department requires.

      3.  Each applicant for initial licensure shall submit with the application:

      (a) A complete set of his or her fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) If the applicant is a natural person, the statement required pursuant to NRS 482.31632.

      4.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license as a vehicle transporter.

      5.  A license issued pursuant to this section expires on December 31 of each year. Before December 31 of each year, a licensee must submit to the Department, on forms supplied by the Department and in the manner specified by the Department, an application for renewal accompanied by an annual fee for renewal of $50. If the applicant is a natural person, the application also must be accompanied by the statement required pursuant to NRS 482.31632.

      (Added to NRS by 1987, 2077; A 1991, 273; 1995, 284; 1997, 2069)

      NRS 482.3163  License: Application; fees; renewal. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An application for a license as a vehicle transporter must be accompanied by a fee of $100 and be submitted on forms supplied by the Department. The forms must designate the persons whose names are required to appear thereon. An additional fee for the processing of fingerprints must be submitted for each applicant for initial licensure. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      2.  The application for a license as a vehicle transporter must contain:

      (a) The applicant’s name and address; and

      (b) Such other information as the Department requires.

Ê Each applicant for initial licensure shall submit with the application a complete set of his or her fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license as a vehicle transporter.

      4.  A license issued pursuant to this section expires on December 31 of each year. Before December 31 of each year, a licensee must submit to the Department, on forms supplied by the Department and in the manner specified by the Department, an application for renewal accompanied by an annual fee for renewal of $50.

      (Added to NRS by 1987, 2077; A 1991, 273; 1995, 284; 1997, 2069, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 482.31632  Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Department. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for the issuance or renewal of a license as a vehicle transporter shall submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Department shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Department.

      3.  A license as a vehicle transporter may not be issued or renewed by the Department if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2067)

      NRS 482.3165  Fee for issuance of special license plate.  Each person who applies for a special license plate as a vehicle transporter shall pay at the time of application, in addition to any other fees specified in this chapter, a fee of $25 for each plate.

      (Added to NRS by 1987, 2079)

      NRS 482.3167  Bond: Filing; form; deposit in lieu of bond.

      1.  Before any license as a vehicle transporter is issued or special license plate is assigned, the applicant shall procure and file with the Department a good and sufficient bond in the amount of $100,000 with a corporate surety thereon, licensed to do business within the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant shall conduct business as a vehicle transporter without fraud or fraudulent representation, and without violation of the provisions of this chapter.

      2.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond, but in no case may the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.

      3.  The undertaking on the bond includes any fraud or fraudulent representation or violation of any of the provisions of this chapter by any employee of the licensee on behalf of the licensee and within the scope of his or her employment.

      4.  The bond must provide that any person injured by the action of the licensee or an employee of the licensee in violation of any provisions of this chapter may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      5.  In lieu of the bond required by this section, an applicant may make a deposit with the Department that satisfies the requirements of NRS 482.346.

      (Added to NRS by 1987, 2078; A 1993, 2340)

      NRS 482.3169  Issuance of certificates of registration and special license plates to vehicle transporter.

      1.  Upon issuance of a license as a vehicle transporter pursuant to NRS 482.3163, the Department shall assign to the vehicle transporter one or more registration certificates and special license plates for use on motor vehicles being delivered in this State. Each plate must have displayed upon it suitable characters, as determined by the Department, to identify the vehicle as being operated by a vehicle transporter. The vehicle transporter’s plates may be used interchangeably on transported vehicles.

      2.  The Department may issue to each vehicle transporter a reasonable number of registration certificates and license plates.

      (Added to NRS by 1987, 2078)

      NRS 482.3171  Movement of vehicle with special license plate authorized.  A vehicle transporter licensed pursuant to NRS 482.3163 may operate on the highways of this State any motor vehicle otherwise required to be registered pursuant to this chapter if there is displayed on the vehicle a special plate assigned to the vehicle transporter pursuant to NRS 482.3169.

      (Added to NRS by 1987, 2078)

      NRS 482.3173  Movement of vehicle without special license plate prohibited; restrictions on use of plates.

      1.  A vehicle transporter shall not operate any motor vehicle being transported by the vehicle transporter on the highways of this State, or permit it to be so operated, unless a license plate assigned to the vehicle transporter is attached thereto in the manner specified in this chapter.

      2.  A vehicle transporter shall not:

      (a) Loan the license plates assigned to him or her to any other person;

      (b) Permit those license plates to be used by any other person or for a purpose other than permitted by NRS 482.316 to 482.3175, inclusive; or

      (c) Use those license plates on any vehicle in which he or she has any ownership interest.

      (Added to NRS by 1987, 2078)

      NRS 482.3174  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a vehicle transporter, the Department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Department shall reinstate a license as a vehicle transporter that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2067)

      NRS 482.3175  Grounds for denial, suspension or revocation of license; hearing.

      1.  The Department may refuse to issue or suspend or revoke a license as a vehicle transporter upon any of the following grounds:

      (a) Conviction of a felony in the State of Nevada or any other state, territory or nation.

      (b) Material misstatement in the application for a license.

      (c) Evidence of unfitness of the applicant or licensee.

      (d) Willful failure to comply with the provisions of this chapter or the regulations adopted pursuant thereto, or any law relating to the operation of a motor vehicle.

      (e) Failure or refusal to furnish and keep in force any bond.

      (f) Failure of the licensee to maintain any other license required by any political subdivision of this State.

      (g) Knowingly having possession of a stolen motor vehicle or a motor vehicle with a manufacturer’s identification number or other distinguishing number or identification mark which has been falsely attached, removed, defaced, altered or obliterated.

      (h) Loaning or permitting the improper use of any special license plate assigned to the vehicle transporter.

      2.  Any person whose application is denied or license is suspended or revoked pursuant to this section is entitled to a hearing as provided in NRS 482.353.

      (Added to NRS by 1987, 2079; A 2007, 2362)

CONSIGNMENT OF VEHICLES

      NRS 482.31771  Definitions.  As used in NRS 482.31771 to 482.31776, inclusive, unless the context otherwise requires, the words and terms defined in NRS 482.31772, 482.31773 and 482.31774 have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 1901)

      NRS 482.31772  “Consignee” defined.  “Consignee” means any person licensed pursuant to this chapter to sell or lease vehicles, or any person who holds himself or herself out as being in the business of selling, leasing or consigning vehicles.

      (Added to NRS by 1999, 1901)

      NRS 482.31773  “Consignment” defined.  “Consignment” means any transaction whereby the registered owner or lienholder of a vehicle subject to registration pursuant to this chapter agrees, entrusts or in any other manner authorizes a consignee to act as his or her agent to sell, exchange, negotiate or attempt to negotiate a sale or an exchange of the interest of the registered owner or lienholder in the vehicle, whether or not for compensation.

      (Added to NRS by 1999, 1901)

      NRS 482.31774  “Consignment contract” defined.  “Consignment contract” means a written agreement between a registered owner or lienholder of a vehicle and a consignee to whom the vehicle has been entrusted by consignment for the purpose of sale that specifies the terms and conditions of the consignment and sale.

      (Added to NRS by 1999, 1901)

      NRS 482.31775  Consignment contract: Required contents.  A consignment contract must include, without limitation:

      1.  The names of the consignor and consignee;

      2.  The date on which the consignment contract was entered into;

      3.  A complete description of the vehicle subject to the consignment contract, including the vehicle identification number, the year, make and model of the vehicle, and the number of miles registered on the odometer of the vehicle at the time that the consignment contract is entered into;

      4.  The term of the consignment contract;

      5.  The name of each person or business entity holding any security interest in the vehicle to be consigned;

      6.  The minimum sales price for the vehicle and the disposition of the proceeds therefrom, as agreed upon by the consignor and consignee; and

      7.  The signatures of the consignor and consignee acknowledging all the terms and conditions set forth in the consignment contract.

      (Added to NRS by 1999, 1901)

      NRS 482.31776  Duties of consignee; trust account; disclosure statement; applicability of section; operation of vehicle subject to consignment contract; written log; prohibited acts; penalties.

      1.  A consignee of a vehicle shall, upon entering into a consignment contract or other form of agreement to sell a vehicle owned by another person:

      (a) Open and maintain a separate trust account in a federally insured bank or savings and loan association that is located in this State, into which the consignee shall deposit all money received from a prospective buyer as a deposit, or as partial or full payment of the purchase price agreed upon, toward the purchase or transfer of interest in the vehicle. A consignee of a vehicle shall not:

             (1) Commingle the money in the trust account with any other money that is not on deposit or otherwise maintained toward the purchase of the vehicle subject to the consignment contract or agreement; or

             (2) Use any money in the trust account to pay his or her operational expenses for any purpose that is not related to the consignment contract or agreement.

      (b) Obtain from the consignor, before receiving delivery of the vehicle, a signed and dated disclosure statement that is included in the consignment contract and provides in at least 10-point bold type or font:

 

IMPORTANT NOTICE TO VEHICLE OWNERS

 

State law (NRS 482.31776) requires that the operator of this business file a Uniform Commercial Code 1 (UCC1) form with the Office of the Secretary of State on your behalf to protect your interest in your vehicle. The form is required to protect your vehicle from forfeiture in the event that the operator of this business fails to meet his or her financial obligations to a third party holding a security interest in his or her inventory. The form must be filed by the operator of this business before the operator may take possession of your vehicle. If the form is not filed as required, YOU MAY LOSE YOUR VEHICLE THROUGH NO FAULT OF YOUR OWN. For a copy of the UCC1 form filed on your behalf or for more information, please contact:

 

The Office of the Secretary of State of Nevada

Uniform Commercial Code Division

(775) 684-5708

 

I understand and acknowledge the above disclosure.

 

...............................................                 ...............

Consignee Signature                           Date

 

      (c) Assist the consignor in completing, with respect to the consignor’s purchase-money security interest in the vehicle, a financing statement of the type described in subsection 5 of NRS 104.9317 and shall file the financing statement with the Secretary of State on behalf of the consignor. If a consignee has previously granted to a third party a security interest with an after-acquired property clause in the consignee’s inventory, the consignee additionally shall assist the consignor in sending an authenticated notification, as described in paragraph (b) of subsection 1 of NRS 104.9324, to each holder of a conflicting security interest. The consignee must not receive delivery of the vehicle until the consignee has:

             (1) Filed the financing statement with the Secretary of State; and

             (2) If applicable, assisted the consignor in sending an authenticated notification to each holder of a conflicting security interest.

      2.  Upon the sale or transfer of interest in the vehicle, the consignee shall forthwith:

      (a) Satisfy or cause to be satisfied all outstanding security interests in the vehicle; and

      (b) Satisfy the financial obligations due the consignor pursuant to the consignment contract.

      3.  Upon the receipt of money by delivery of cash, bank check or draft, or any other form of legal monetary exchange, or after any form of transfer of interest in a vehicle, the consignee shall notify the consignor that the money has been received or that a transfer of interest in the vehicle has occurred. Notification by the consignee to the consignor must be given in person or, in the absence of the consignor, by registered or certified mail addressed to the last address or residence of the consignor known to the consignee. The notification must be made within 3 business days after the date on which the money is received or the transfer of interest in the vehicle is made.

      4.  The provisions of this section do not apply to:

      (a) An executor;

      (b) An administrator;

      (c) A sheriff;

      (d) A salvage pool subject to the provisions of NRS 487.400 to 487.510, inclusive; or

      (e) Any other person who sells a vehicle pursuant to the powers or duties granted to or imposed on him or her by specific statute.

      5.  Notwithstanding any provision of NRS 482.423 to 482.4247, inclusive, to the contrary, a vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.423 to 482.4247, inclusive, by displaying a temporary placard to operate the vehicle unless the operation of the vehicle is authorized by the express written consent of the consignor.

      6.  A vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.320 by displaying a special plate unless the operation of the vehicle is authorized by the express written consent of the consignor.

      7.  A consignee shall maintain a written log for each vehicle for which he or she has entered into a consignment contract. The written log must include:

      (a) The name and address, or place of residence, of the consignor;

      (b) A description of the vehicle consigned, including the year, make, model and serial or identification number of the vehicle;

      (c) The date on which the consignment contract is entered into;

      (d) The period that the vehicle is to be consigned;

      (e) The minimum agreed upon sales price for the vehicle;

      (f) The approximate amount of money due any lienholder or other person known to have an interest in the vehicle;

      (g) If the vehicle is sold, the date on which the vehicle is sold;

      (h) The date that the money due the consignor and the lienholder was paid;

      (i) The name and address of the federally insured bank or savings and loan association in which the consignee opened the trust account required pursuant to subsection 1; and

      (j) The signature of the consignor acknowledging that the terms of the consignment contract were fulfilled or terminated, as appropriate.

      8.  A person who:

      (a) Appropriates, diverts or otherwise converts to his or her own use money in a trust account opened pursuant to paragraph (a) of subsection 1 or otherwise subject to a consignment contract or agreement is guilty of embezzlement and shall be punished in accordance with NRS 205.300. The court shall, in addition to any other penalty, order the person to pay restitution.

      (b) Violates paragraphs (b) or (c) of subsection 1 is guilty of a misdemeanor. The court shall, in addition to any other penalty, order the person to pay restitution.

      (c) Violates any other provision of this section is guilty of a misdemeanor.

      (Added to NRS by 1999, 1901; A 2001, 912; 2003, 669; 2009, 1742)

MANUFACTURERS, REBUILDERS, DISTRIBUTORS, DEALERS, BROKERS, SALESPERSONS AND LESSORS

Licensing and Regulation

      NRS 482.318  Legislative declaration.  The Legislature finds and declares that the distribution and sale of motor vehicles in the State of Nevada vitally affects the general economy of the State and the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate and to license motor vehicle manufacturers, distributors, new and used vehicle dealers, brokers, rebuilders, leasing companies, salespersons, and their representatives doing business in the State of Nevada in order to prevent frauds, impositions and other abuse upon its citizens.

      (Added to NRS by 1965, 1471; A 1971, 1302; 1995, 2365)

      NRS 482.319  Statement regarding payment of child support by applicant for license; grounds for denial of license; duty of Department. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Except as otherwise provided in subsection 5, a natural person who applies for the issuance or renewal of a license issued pursuant to the provisions of NRS 482.318 to 482.363105, inclusive, shall submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Department shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Department.

      3.  A license may not be issued or renewed by the Department pursuant to the provisions of NRS 482.318 to 482.363105, inclusive, if the applicant is a natural person who:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      5.  If a licensee renews an existing license electronically, the licensee shall keep the original of the statement required pursuant to subsection 1 at his or her place of business for not less than 3 years after submitting the electronic renewal. The statement must be available during business hours for inspection by any authorized agent of the Director or the State of Nevada.

      (Added to NRS by 1997, 2068; A 2007, 3203)

      NRS 482.3195  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to NRS 482.318 to 482.363105, inclusive, the Department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Department shall reinstate a license issued pursuant to NRS 482.318 to 482.363105, inclusive, that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2068)

      NRS 482.320  Manufacturers, distributors, dealers and rebuilders: Special plates required for movement of new and used vehicles; exceptions.

      1.  Except as otherwise provided in NRS 482.31776, a manufacturer, distributor, dealer or rebuilder who has an established place of business in this State and who owns or controls any new or used vehicle of a type otherwise required to be registered under the provisions of this chapter, may operate that vehicle or allow it to be operated for purposes of display, demonstration, maintenance, sale or exchange if there is displayed thereon a special plate or plates issued to the manufacturer, distributor, dealer or rebuilder as provided in NRS 482.275 and 482.330. Owners or officers of the corporation, managers, heads of departments and salespersons may be temporarily assigned and operate a vehicle displaying such plates.

      2.  The provisions of this section do not apply to:

      (a) Work or service vehicles owned or controlled by a manufacturer, distributor, dealer or rebuilder.

      (b) Vehicles leased by dealers, except vehicles rented or leased to vehicle salespersons in the course of their employment.

      (c) Vehicles which are privately owned by the owners, officers or employees of the manufacturer, distributor, dealer or rebuilder.

      (d) Vehicles which are being used for personal reasons by a person who is not licensed by the Department or otherwise exempted in subsection 1.

      (e) Vehicles which have been given or assigned to persons who work for a manufacturer, distributor, dealer or rebuilder for services performed.

      (f) Vehicles purchased by a manufacturer, distributor, dealer or rebuilder for personal use which the manufacturer, distributor, dealer or rebuilder is not licensed or authorized to resell.

      [Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280; 1955, 468]—(NRS A 1957, 506; 1959, 913; 1960, 128; 1963, 103; 1965, 1473; 1971, 1303; 1981, 190; 1983, 1000; 1993, 2341; 1999, 1903; 2007, 3204)

      NRS 482.322  Vehicle dealers, manufacturers, distributors and rebuilders: Licenses required; additional restriction upon activities of new vehicle dealer; license does not extend to mobile homes; Department to investigate applicant; penalties for violations.

      1.  Except as otherwise provided in subsection 2 and NRS 482.3225, a person shall not engage in the activities of a new vehicle dealer, used vehicle dealer, manufacturer, distributor or rebuilder in this State until the person has been issued:

      (a) A new vehicle dealer’s, used vehicle dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license certificate or similar license or permit by every city within whose corporate limits the person maintains an established place of business and by every county in which the person maintains an established place of business outside the corporate limits of a city; and

      (b) A license by the Department. The Department shall not issue a license to the person until he or she has been issued all certificates, licenses and permits required by paragraph (a).

      2.  A person licensed as a dealer pursuant to this chapter shall not engage in the activities of a new vehicle dealer until he or she has provided the Department with satisfactory proof that the person is authorized by a manufacturer to display and offer for sale vehicles produced or distributed by that manufacturer.

      3.  A vehicle dealer’s, manufacturer’s or rebuilder’s license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.

      4.  The Department shall investigate any applicant for a dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license certificate or license and complete an investigation report on a form provided by the Department.

      5.  A person who violates subsection 1 or 2 is guilty of:

      (a) For a first offense, a misdemeanor.

      (b) For a second offense, a gross misdemeanor.

      (c) For a third and any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1957, 509; A 1963, 68; 1965, 1474; 1971, 1303; 1975, 1072, 1534, 1576; 1979, 1024, 1223; 1981, 1045; 1983, 1001; 1991, 755; 1995, 776, 2355; 2007, 3205)

      NRS 482.3225  Conditions under which charitable organization not required to obtain certain licensure.  A charitable organization may sell a vehicle which has been donated to the organization without complying with the provisions of subsection 1 of NRS 482.322 if:

      1.  No member, director, officer, employee or agent of the charitable organization has a pecuniary interest in the sale of the vehicle; and

      2.  The charitable organization ensures that the insurance required pursuant to NRS 485.185 is provided for that vehicle until it is purchased.

      (Added to NRS by 1995, 2354; A 1997, 624)

      NRS 482.323  Established place of business required for dealers, short-term lessors and brokers; notification of Department of branches by short-term lessors.

      1.  Except as otherwise provided in subsections 2 and 3, every vehicle dealer shall maintain an established place of business in this State which:

      (a) Includes a permanent enclosed building, owned in fee or leased, with sufficient space to display one or more vehicles which the dealer is licensed to sell; and

      (b) Is principally used by the dealer to conduct his or her business.

      2.  Every used vehicle dealer, trailer dealer or semitrailer dealer shall maintain an established place of business in this State which has:

      (a) Sufficient space to display one or more vehicles;

      (b) Boundaries which are clearly marked; and

      (c) A permanent enclosed building large enough to accommodate his or her office and provide a safe place to keep the books and other records of the business.

      3.  A short-term lessor shall:

      (a) Designate his or her principal place of business as the short-term lessors established place of business and each other location where the short-term lessor conducts business as a branch that is operated pursuant to the license for the principal place of business.

      (b) Notify the Department of each branch at which he or she conducts business by filing, on forms provided by the Department, such information pertaining to each branch as required by the Department.

      4.  Every broker shall maintain an established place of business in this State which is in a permanent building with sufficient space to accommodate his or her office.

      (Added to NRS by 1981, 1044; A 1995, 2366; 1997, 2992)

      NRS 482.325  Manufacturers, distributors, dealers and rebuilders: Application for license; fees; issuance of certificate; renewal of license. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An application for a manufacturer’s, distributor’s, dealer’s or rebuilder’s license must be filed upon forms supplied by the Department and include the social security number of the applicant. The forms must designate the persons whose names are required to appear thereon. The applicant shall furnish:

      (a) Such proof as the Department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.

      (b) A fee of $125.

      (c) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (d) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (e) If the applicant is a natural person, the statement required pursuant to NRS 482.319.

      (f) A certificate of insurance for automobile liability.

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a dealer’s, manufacturer’s, distributor’s or rebuilder’s license containing the name of the licensee and the address of the licensee’s established place of business or the address of the main office of a manufacturer without an established place of business in this State.

      3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of the license accompanied by an annual fee of $50. If the applicant is a natural person, the application for renewal also must be accompanied by the statement required pursuant to NRS 482.319. The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.

      [Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280; 1955, 468]—(NRS A 1957, 507; 1960, 129; 1965, 1474; 1969, 705; 1971, 1303; 1975, 1072; 1981, 190; 1983, 1001; 1991, 273; 1993, 2341; 1995, 285; 1997, 2070)

      NRS 482.325  Manufacturers, distributors, dealers and rebuilders: Application for license; fees; issuance of certificate; renewal of license. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Applications for a manufacturer’s, distributor’s, dealer’s or rebuilder’s license must be filed upon forms supplied by the Department. The forms must designate the persons whose names are required to appear thereon. The applicant shall furnish:

      (a) Such proof as the Department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.

      (b) A fee of $125.

      (c) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (d) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (e) A certificate of insurance for automobile liability.

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a dealer’s, manufacturer’s, distributor’s or rebuilder’s license certificate containing the latter’s name and the address of the licensee’s established place of business or the address of the main office of a manufacturer without an established place of business in this State.

      3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of the license accompanied by an annual fee of $50. The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.

      [Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280; 1955, 468]—(NRS A 1957, 507; 1960, 129; 1965, 1474; 1969, 705; 1971, 1303; 1975, 1072; 1981, 190; 1983, 1001; 1991, 273; 1993, 2341; 1995, 285; 1997, 2070, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 482.3253  Factors Director must consider before renewing license of manufacturer, distributor, rebuilder or dealer; authority of Director to require bond.  The Director shall, before renewing any license issued pursuant to NRS 482.325, consider:

      1.  The number and types of complaints received against a manufacturer, distributor, rebuilder or dealer by the Department; and

      2.  Any administrative fines imposed upon the manufacturer, distributor, rebuilder or dealer by the Department pursuant to NRS 482.554 and 482.565,

Ê and may require the manufacturer, distributor, rebuilder or dealer to provide a good and sufficient bond in the amount set forth in subsection 1 of NRS 482.345 for each category of vehicle sold at each place of business and in each county in which the manufacturer, distributor, rebuilder or dealer is licensed to do business.

      (Added to NRS by 2007, 3200)

      NRS 482.3255  Denial or revocation of license: Evidence of unfitness of applicant or licensee.  Evidence of unfitness of an applicant or a licensee for purposes of denial or revocation of a license may consist of, but is not limited to:

      1.  Failure to discharge a lienholder on a vehicle within 30 days after it is traded to the dealership.

      2.  Being the former holder of or being a partner, officer, director, owner or manager involved in management decisions of a dealership which held a license issued pursuant to NRS 482.325 which was revoked for cause and never reissued or was suspended upon terms which were never fulfilled.

      3.  Defrauding or attempting to defraud the State or a political subdivision of any taxes or fees in connection with the sale or transfer of a vehicle.

      4.  Forging the signature of the registered or legal owner of a vehicle on a certificate of title.

      5.  Purchasing, selling, otherwise disposing of or possessing any vehicle which the applicant or licensee knows, or a reasonable person should know, is stolen or otherwise illegally appropriated.

      6.  Willfully failing to deliver to a purchaser or the purchaser’s lienholder a certificate of title to a vehicle the applicant or licensee has sold.

      7.  Refusing to allow an agent of the Department to inspect, during normal business hours, all books, records and files of the dealership which are maintained within the State.

      8.  Any fraud which includes, but is not limited to:

      (a) Misrepresentation in any manner, whether intentional or grossly negligent, of a material fact.

      (b) An intentional failure to disclose a material fact.

      9.  Willful failure to comply with any regulation adopted by the Department.

      10.  Knowingly submitting or causing to be submitted any false, forged or otherwise fraudulent document to the Department to obtain a lien, title, salvage title or certificate of ownership or any duplicate thereof for a vehicle.

      11.  Knowingly causing or allowing a false, forged or otherwise fraudulent document to be maintained as a record of his or her business.

      12.  Violating the provisions of NRS 482.555 which involved the sale or transfer of interest in a vehicle.

      (Added to NRS by 1981, 1045; A 2003, 461; 2007, 3205)

      NRS 482.3256  Licensees to post licenses in conspicuous place visible to public.  A dealer, rebuilder, manufacturer, distributor, broker or long-term or short-term lessor licensed under the provisions of this chapter shall post his or her license, and all licenses issued to persons in his or her employ who are licensed as salespersons, in a conspicuous place clearly visible to the general public at the location described in the license.

      (Added to NRS by 2007, 3199)

      NRS 482.3257  Dealers: Activities constituting prima facie evidence that person is acting as dealer.  Except as otherwise provided in subsection 2 of NRS 482.020, the following activities are prima facie evidence that a person is engaged in the activities of a vehicle dealer:

      1.  A person displays for sale, sells or offers for sale any vehicle which he or she does not personally own;

      2.  A person demonstrates, or allows the demonstration or operation of, any vehicle for the purpose of sale or future sale or as an inducement to purchase the vehicle; or

      3.  A person engages in an activity specified by subsection 1 of NRS 482.020 or any other act regarding a vehicle which would lead a reasonable person to believe that he or she may purchase that vehicle or a similar vehicle.

      (Added to NRS by 2007, 3200)

      NRS 482.326  Dealers: Location and name of business; designation of principal place of business and branches; branches may be operated under authority of license for principal place of business under certain conditions; change of name or location.

      1.  A vehicle dealer shall inform the Department of the location of each place at which the vehicle dealer conducts any business, and the name under which he or she does business at each location.

      2.  If a vehicle dealer does business at more than one location, the vehicle dealer shall designate one location in each county in which he or she does business as his or her principal place of business for that county and one name as the principal name of the business. The vehicle dealer shall designate all other business locations not otherwise designated as a principal place of business pursuant to this subsection as branches.

      3.  A vehicle dealer who maintains a principal place of business and one or more businesses designated as branches may operate those branches under the authority of the license issued by the Department to the principal place of business under the following conditions:

      (a) The principal and branch locations are owned and operated by the same principal or group of principals listed on the records of the Department for the principal place of business;

      (b) The sales activities conducted at a branch location are the same as those authorized by the Department at the principal place of business;

      (c) The principal place of business and each branch location are located within the same county;

      (d) The principal place of business and each branch location maintains the appropriate city or county license;

      (e) The closest boundary of a branch location is not more than 500 feet from the principal place of business;

      (f) The business sign displayed at each branch location meets the requirements of NRS 482.332 and is essentially the same in name, style and design as that of the principal place of business;

      (g) Sales transactions originating at a branch location must be culminated, and the records of the transaction maintained, at the principal place of business; and

      (h) The vehicle dealer shall provide all documentation which the Department deems necessary to ensure that each business location is operated in accordance with the provisions of this chapter and all other applicable laws and regulations established for the operation of a vehicle sales business in this State.

      4.  If a vehicle dealer changes the name or location of any of his or her established places of business, the vehicle dealer shall not conduct business as a vehicle dealer under the new name or at the new location until he or she has been issued a license for the new name or location from the Department.

      (Added to NRS by 1979, 1023; A 1997, 91; 2007, 3206)

      NRS 482.3263  Books and records of dealers and brokers: Location; inspection and copying; retention.

      1.  A dealer shall keep his or her books and records for all locations at which the dealer does business within a county at his or her principal place of business in that county. A broker shall keep his or her books and records at his or her principal place of business.

      2.  Each dealer and broker shall:

      (a) Permit any authorized agent of the Director or the State of Nevada to inspect and copy the books and records during usual business hours; or

      (b) Not later than 3 business days after receiving a request from such a person for the production of the books and records or any other information, provide the requested books, records and other information to the person at the location specified in the request.

      3.  A dealer or broker shall retain the books and records for 3 years after he or she ceases to be licensed as a dealer or broker.

      (Added to NRS by 1981, 1044; A 1993, 2342; 1995, 2366; 1997, 92)

      NRS 482.327  Dealers: License for each branch; exception; contents of license; posting of license; temporary license.

      1.  If a vehicle dealer, other than a short-term lessor, has one or more branches, the dealer shall procure from the Department a license for each branch in addition to the license issued for his or her principal place of business.

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

      (a) The name of the licensee;

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

      (c) The name under which the licensee does business at that location.

      3.  Each vehicle dealer shall post each license issued to the dealer by the Department in a conspicuous place clearly visible to the general public at the location described in the license.

      4.  The Department shall, by regulation, provide for the issuance of a temporary license for a licensed dealer to conduct business at a temporary location. Any such regulations must include the imposition of a reasonable fee for the issuance of the temporary license.

      (Added to NRS by 1979, 1024; A 1993, 2342; 1997, 1515, 2993; 1999, 629)

      NRS 482.3275  Dealers: Signatures not required to be acknowledged on documents required to be filed with Department or other state agencies; exception.  Except as otherwise provided in NRS 482.346, the Department or any other agency of this State shall not require that a dealer have his or her signature acknowledged before a notary public or any other person authorized to take acknowledgments in this State on any document the dealer is required to file with the Department or agency.

      (Added to NRS by 1995, 2354)

      NRS 482.3277  Dealers: Certain purchasers and prospective purchasers to be allowed to view certain documents in Spanish language.  Each vehicle dealer who advertises that the Spanish language is spoken at his or her place of business or who conducts business by communicating in Spanish with a purchaser or prospective purchaser regarding the potential purchase of a motor vehicle shall, upon the request of a purchaser or prospective purchaser of a motor vehicle with whom the vehicle dealer or the dealer’s agent is communicating or has communicated in Spanish as a part of the preliminary discussions and negotiations regarding the purchase or potential purchase of the vehicle, allow the purchaser or prospective purchaser to view the version of the forms for the application for credit and contracts to be used in the sale of vehicles which have been translated into Spanish pursuant to subsection 3 of NRS 97.299.

      (Added to NRS by 2003, 1905)

      NRS 482.328  Vehicle taken in trade: Satisfaction of outstanding security interest.  If a licensed dealer takes a vehicle in trade on the purchase of another vehicle and there is an outstanding security interest, the licensed dealer shall satisfy the outstanding security interest within 30 days after the vehicle is taken in trade on the purchase of the other vehicle.

      (Added to NRS by 1987, 1084)

      NRS 482.330  Manufacturers, distributors, dealers and rebuilders: Certificates of registration and special plates for vehicles provided by Department upon licensing; special plates for loaned vehicles; limitation.

      1.  Upon issuance of a dealer’s, distributor’s, manufacturer’s or rebuilder’s license certificate pursuant to NRS 482.322, the Department shall furnish to the manufacturer, distributor, dealer or rebuilder one or more registration certificates and special plates for use on the vehicles described in the provisions of NRS 482.320. Each plate must have displayed upon it the identification number which is assigned to the dealer, distributor, manufacturer or rebuilder, and may at the discretion of the Department have a different letter or symbol on each plate or pair of plates. The manufacturer’s, distributor’s, dealer’s or rebuilder’s license plates may be used interchangeably on that vehicle.

      2.  The Department shall issue to each dealer a reasonable number of registration certificates and license plates.

      3.  The Department shall provide by regulation for the issuance of special license plates to dealers or rebuilders and for the number of those plates for use on vehicles loaned by those dealers or rebuilders to:

      (a) Customers in the course of business.

      (b) The State of Nevada.

      (c) The Nevada System of Higher Education.

      (d) A school district.

      (e) A county, city or town.

      (f) An organization that is exempt from taxation pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code.

Ê The regulations must prescribe what use may be made of the plates and the persons who may operate a motor vehicle with those plates.

      4.  Notwithstanding the provisions of subsection 3, a dealer may use not more than six special plates from the total number of plates issued pursuant to this section for personal use by the dealer or a member of the dealer’s immediate family.

      [Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280; 1955, 468]—(NRS A 1960, 130; 1965, 1474; 1971, 1304; 1975, 1576; 1979, 1224; 1983, 1002; 1999, 1370; 2007, 3207)

      NRS 482.332  Dealers, manufacturers, lessors, rebuilders and brokers: Duty to affix legible sign containing name of business; exception.

      1.  Except as otherwise provided in subsection 2, at each of his or her established places of business, each vehicle dealer, manufacturer, lessor, rebuilder and broker shall permanently affix a sign containing the name of the business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway, except that the lettering must be at least 8 inches high and formed by lines that are at least 1-inch wide.

      2.  Upon approval of the Director, and in accordance with all other city and county ordinances, a vehicle dealer or a long-term or short-term lessor may be exempted from the requirements of subsection 1 if:

      (a) The established place of business or branch location is located within the confines of another business;

      (b) The other place of business is the primary business at that location; and

      (c) The primary business is not licensed pursuant to any provision of this chapter.

      (Added to NRS by 1979, 1023; A 1997, 1515; 2007, 3207)

      NRS 482.333  Brokers: Licensing; fees; disclosure of financial records; penalty. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  A person shall not engage in the activity of a broker of vehicles in this State without first having received a license from the Department. Before issuing a license to a broker, the Department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant desires to be licensed as a broker, his or her residential address, his or her social security number and the address of his or her principal place of business;

      (b) A statement as to whether any previous application of the applicant for a license as a vehicle dealer or broker has been denied or whether such a license has been suspended or revoked;

      (c) Payment of a nonrefundable license fee of $125;

      (d) For initial licensure, the submission of a complete set of the applicant’s fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (e) Any other information the Department deems necessary.

Ê A license issued pursuant to this section expires on December 31 of the year in which it was issued and may be renewed annually upon the payment of a fee of $50.

      2.  The Department may deny the issuance of, suspend or revoke a license to engage in the activities of a broker of vehicles upon any of the following grounds:

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

      (b) Conviction of a felony in this State or any other state, territory or nation.

      (c) Material misstatement in the application.

      (d) Evidence of unfitness of the applicant or licensee.

      (e) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6.

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

      (g) Failure or refusal to furnish and keep in force any bond.

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

      (i) Failure or refusal by the licensee to pay or otherwise discharge a final judgment against the licensee rendered and entered against the licensee, arising out of the misrepresentation of a vehicle, trailer or semitrailer, or out of a fraud committed in connection with the brokering of a vehicle, trailer or semitrailer.

      (j) Failure of the licensee to maintain any other license or bond required by a political subdivision of this State.

      (k) Any other reason determined by the Director to be in the best interests of the public.

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

      3.  If an application for a broker’s license has been denied, the applicant may not reapply sooner than 6 months after the denial.

      4.  A broker’s license must be posted in a conspicuous place on the premises of the broker’s principal place of business.

      5.  If any information submitted in the application for a broker’s license changes, the broker shall submit a written notice of the change to the Department within 10 days after the change occurs.

      6.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activity of a broker of vehicles, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      7.  Except as otherwise provided in NRS 482.555, any person who fails to comply with the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1995, 2362; A 1997, 143, 2070; 1999, 961)

      NRS 482.333  Brokers: Licensing; fees; disclosure of financial records; penalty. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  A person shall not engage in the activity of a broker of vehicles in this State without first having received a license from the Department. Before issuing a license to a broker, the Department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant desires to be licensed as a broker, his or her residential address and the address of his or her principal place of business;

      (b) A statement as to whether any previous application of the applicant for a license as a vehicle dealer or broker has been denied or whether such a license has been suspended or revoked;

      (c) Payment of a nonrefundable license fee of $125;

      (d) For initial licensure, the submission of a complete set of the applicant’s fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (e) Any other information the Department deems necessary.

Ê A license issued pursuant to this section expires on December 31 of the year in which it was issued and may be renewed annually upon the payment of a fee of $50.

      2.  The Department may deny the issuance of, suspend or revoke a license to engage in the activities of a broker of vehicles upon any of the following grounds:

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

      (b) Conviction of a felony in this State or any other state, territory or nation.

      (c) Material misstatement in the application.

      (d) Evidence of unfitness of the applicant or licensee.

      (e) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6.

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

      (g) Failure or refusal to furnish and keep in force any bond.

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

      (i) Failure or refusal by the licensee to pay or otherwise discharge a final judgment against the licensee rendered and entered against the licensee, arising out of the misrepresentation of a vehicle, trailer or semitrailer, or out of a fraud committed in connection with the brokering of a vehicle, trailer or semitrailer.

      (j) Failure of the licensee to maintain any other license or bond required by a political subdivision of this State.

      (k) Any other reason determined by the Director to be in the best interests of the public.

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

      3.  If an application for a broker’s license has been denied, the applicant may not reapply sooner than 6 months after the denial.

      4.  A broker’s license must be posted in a conspicuous place on the premises of the broker’s principal place of business.

      5.  If any information submitted in the application for a broker’s license changes, the broker shall submit a written notice of the change to the Department within 10 days.

      6.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activity of a broker of vehicles, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      7.  Except as otherwise provided in NRS 482.555, any person who fails to comply with the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1995, 2362; A 1997, 143, 2070; 1999, 961, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 482.3331  Director to consider certain matters before renewing license of broker; authority of Director to require bond.  The Director shall, before renewing any license issued pursuant to NRS 482.333, consider:

      1.  The number and types of complaints received against a broker by the Department; and

      2.  Any administrative fines imposed upon the broker by the Department pursuant to NRS 482.554 and 482.565,

Ê and may require the broker to provide a good and sufficient bond in the amount set forth in subsection 1 of NRS 482.345 for each category of vehicle for which services are provided at each place of business and in each county in which the broker is licensed to do business.

      (Added to NRS by 1995, 2363; A 2007, 3208)

      NRS 482.3333  Brokers: Duty to procure and file bond with Department; amount of bond; use of bond to cover multiple categories of vehicles; requirements for bond; recourse for persons injured by broker or employee.

      1.  Before a person may be licensed as a broker, the person must procure and file with the Department a good and sufficient bond in the amount of $100,000 with a corporate surety thereon licensed to do business within the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant shall conduct business as a broker without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter.

      2.  The Department may allow a broker who provides services for more than one category of vehicle described in subsection 1 of NRS 482.345 at a principal place of business or at any branch location within the same county as the principal place of business to provide a good and sufficient bond for a single category of vehicle and may consider that single bond sufficient coverage to include all other categories of vehicles.

      3.  The bond must be continuous in form, and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      4.  The undertaking on the bond includes any breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation or violation of any of the provisions of this chapter by any employee of the licensed broker who acts on behalf of the broker and within the scope of his or her employment.

      5.  The bond must provide that any person injured by the action of the broker or an employee of the broker in violation of any provision of this chapter may apply to the Director, for good cause shown, for compensation from the bond. The surety issuing the bond shall appoint the Secretary of State as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

      6.  If a person is injured by the actions of a broker or an employee of the broker, the person may:

      (a) Bring and maintain an action in any court of competent jurisdiction. If the court enters:

             (1) A judgment on the merits against the broker or employee, the judgment is binding on the surety.

             (2) A judgment other than on the merits against the broker or employee, including, without limitation, a default judgment, the judgment is binding on the surety only if the surety was given notice and an opportunity to defend at least 20 days before the date on which the judgment was entered against the broker or employee.

      (b) Apply to the Director, for good cause shown, for compensation from the bond. The Director may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      (c) Settle the matter with the broker or employee. If such a settlement is made, the settlement must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State, and submitted to the Director with a request for compensation from the bond. If the Director determines that the settlement was reached in good faith and there is no evidence of collusion or fraud between the parties in reaching the settlement, the surety shall make the payment to the injured person in the amount agreed upon in the settlement.

      7.  Any judgment entered by a court against a broker or an employee of the broker may be executed through a writ of attachment, garnishment, execution or other legal process, or the person in whose favor the judgment was entered may apply to the Director for compensation from the bond of the broker or employee.

      (Added to NRS by 1995, 2363; A 2001, 1889; 2007, 3208)

      NRS 482.3335  Brokers: Prohibition against advertising as vehicle dealer without appropriate license; prohibition against displaying or advertising vehicle not licensed to sell.

      1.  No broker may intentionally cause to be published, displayed or circulated any advertisement, including any listing in a telephone directory, in which the broker is represented to be any type of vehicle dealer, unless the broker has obtained the appropriate license from the Department as provided in this chapter.

      2.  A broker may not display, or use in conjunction with any form of advertisement, a vehicle the broker is not licensed to sell.

      (Added to NRS by 1995, 2363; A 2007, 3209)

      NRS 482.3337  Brokers: Insured trust account required.

      1.  Each broker shall open and maintain a separate trust account in a bank, credit union or savings and loan association in this State that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The broker shall deposit into the trust account any money received from a prospective buyer as a deposit on a vehicle. A broker shall not:

      (a) Commingle the money in the trust account with any money that is not a deposit on a vehicle.

      (b) Use any money in the trust account to pay his or her operational expenses.

      2.  A broker shall not require the buyer of a vehicle to pay a deposit on a vehicle in an amount that exceeds 10 percent of the purchase price of the vehicle.

      (Added to NRS by 1995, 2363; A 1999, 1501)

      NRS 482.334  Brokers: Written brokerage agreement with prospective buyer required; form of agreement; notice to be included within agreement; form and contents of notice; retention of copies of brokerage agreement.

      1.  Before commencing the provision of services to a prospective buyer, a broker shall execute a written brokerage agreement with the prospective buyer.

      2.  A brokerage agreement executed pursuant to subsection 1 must be in at least 10-point type and must include:

      (a) The name, address, license number and telephone number of the broker.

      (b) A complete description of the vehicle, including, but not limited to, the make, model, year and color of the vehicle.

      (c) A specific statement of:

             (1) The amount of the purchase price of the vehicle; and

             (2) The date on which the brokerage agreement expires, if an agreement with a vehicle dealer to purchase a vehicle has not been signed.

      (d) One of the following statements, as applicable for the particular transaction, printed in at least 10-point bold type and placed immediately below the statement required by paragraph (c):

             (1) The broker does not receive a fee from the dealer which is selling this vehicle.

             (2) The broker does receive a fee from the dealer which is selling this vehicle.

      (e) A notice on the face of the brokerage agreement with a title in at least 14-point bold type and the text in at least 10-point bold type in substantially the following form:

 

NOTICE

 

       This is an agreement to provide services; it is not an agreement for the purchase of a vehicle. The laws of the State of Nevada provide you with the following rights and protection:

       1.  Once you have signed this agreement, you have the right to cancel it and receive a full refund of any money that you paid under any of the following circumstances:

       (a) The final price of the vehicle exceeds the purchase price stated in this agreement.

       (b) The vehicle, upon delivery, does not match the description provided in this agreement.

       (c) This agreement expired before you were presented with an agreement to purchase the vehicle from a dealer.

       2.  If you have paid a deposit to purchase the vehicle, you have the right to receive a full refund of that deposit at any time before you sign an agreement to purchase the vehicle with a dealer. The amount of any deposit to purchase a vehicle must not exceed 10 percent of the purchase price of the vehicle and must be deposited by the broker in a federally insured trust account.

       3.  If you are unable to resolve a dispute with your broker, please contact your local office of the Department of Motor Vehicles.

 

      (f) The date of execution of the brokerage agreement.

      (g) The signatures of the broker and the prospective buyer.

      3.  A broker shall retain copies of any brokerage agreement executed pursuant to this section for 3 years.

      (Added to NRS by 1995, 2364; A 2001, 2548)

      NRS 482.3345  Dealers: Prohibited and authorized acts if prospective buyer enters into exclusive written brokerage agreement with broker.  If a prospective buyer enters into an exclusive written brokerage agreement with a broker pursuant to NRS 482.334 and the broker facilitates the sale by a vehicle dealer of a vehicle to the prospective buyer, the vehicle dealer shall not:

      1.  Deal directly with the prospective buyer regarding the matter of the purchase price until at least 30 days after the expiration of the brokerage agreement; or

      2.  Otherwise interfere with or obstruct the performance of the brokerage agreement.

Ê The vehicle dealer may deal directly with the prospective buyer on other matters relating to the sale of the vehicle, including, but not limited to, the terms of financing, purchase of extended warranties and insurance.

      (Added to NRS by 1995, 2365)

      NRS 482.335  Manufacturers, distributors, dealers and rebuilders: Display of license plate or plates.

      1.  No manufacturer, distributor, dealer or rebuilder may operate any vehicle owned or controlled by him or her upon any public highway, or permit it to be so operated, unless a license plate or license plates assigned to him or her are attached thereto in the manner specified in this chapter.

      2.  It shall be lawful for a manufacturer, distributor or dealer to operate new vehicles without the plate or plates being attached thereto from the railroad depot, warehouse or other place of storage to the place of business of that manufacturer, distributor or dealer where the depot, warehouse or place of storage is within the same city or town or not more than 5 miles from the place of business.

      [Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280; 1955, 468]—(NRS A 1971, 1304; 1983, 1002; 2005, 984)

      NRS 482.345  Manufacturers, distributors, dealers and rebuilders: Application; proof of place of business; bonding requirements; remedies of injured person; judgment; prohibition upon issuance of license or plate to certain persons not having an established place of business in State.

      1.  Before any dealer’s license, dealer’s plate, special dealer’s plate, rebuilder’s license or rebuilder’s plate, distributor’s license or distributor’s plate or manufacturer’s license or manufacturer’s plate is furnished to a manufacturer, distributor, dealer or rebuilder as provided in this chapter, the Department shall require that the applicant make an application for such a license and plate upon a form to be furnished by the Department, and the applicant shall furnish such information as the Department requires, including proof that the applicant has an established place of business in this State, procure and file with the Department a good and sufficient bond with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant or any employee who acts on behalf of the applicant within the scope of his or her employment shall conduct business as a dealer, distributor, manufacturer or rebuilder without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter. The bond must be:

      (a) For a manufacturer, distributor, rebuilder or dealer who manufactures, distributes or sells motorcycles, $50,000.

      (b) For a manufacturer, distributor, rebuilder or dealer who sells vehicles other than motorcycles, trailers or travel trailers, $100,000.

      (c) For a manufacturer, distributor, rebuilder or dealer who sells travel trailers or other dual purpose trailers that include living quarters in their design, $100,000.

      (d) For a manufacturer, distributor, rebuilder or dealer who sells horse trailers designed without living quarters or special purpose trailers with an unladen weight of 3,501 pounds or more, $50,000.

      (e) For a manufacturer, distributor, rebuilder or dealer who sells utility trailers or other special use trailers with an unladen weight of 3,500 pounds or less or trailers designed to carry boats, $10,000.

      2.  The Department may, pursuant to a written agreement with any manufacturer, distributor, rebuilder or dealer who has been licensed to do business in this State for at least 5 years, allow a reduction in the amount of the bond of the manufacturer, distributor, rebuilder or dealer, if the business has been conducted in a manner satisfactory to the Department for the preceding 5 years. No bond may be reduced to less than 50 percent of the bond required pursuant to subsection 1.

      3.  The Department may allow a manufacturer, distributor, rebuilder or dealer who sells more than one category of vehicle as described in subsection 1 at a principal place of business or at any branch location within the same county as the principal place of business to provide a good and sufficient bond for a single category of vehicle and may consider that single bond sufficient coverage to include all other categories of vehicles.

      4.  The bond must be continuous in form, and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      5.  The undertaking on the bond includes any breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation or violation of any of the provisions of this chapter by the representative of any licensed distributor or the salesperson of any licensed dealer, manufacturer or rebuilder who acts for the dealer, distributor, manufacturer or rebuilder on his or her behalf and within the scope of the employment of the representative or salesperson.

      6.  The bond must provide that any person injured by the action of the dealer, distributor, rebuilder, manufacturer, representative or salesperson in violation of any provisions of this chapter may apply to the Director, for good cause shown, for compensation from the bond. The surety issuing the bond shall appoint the Secretary of State as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

      7.  If a person is injured by the actions of a dealer, distributor, rebuilder, manufacturer, representative or salesperson, the person may:

      (a) Bring and maintain an action in any court of competent jurisdiction. If the court enters:

             (1) A judgment on the merits against the dealer, distributor, rebuilder, manufacturer, representative or salesperson, the judgment is binding on the surety.

             (2) A judgment other than on the merits against the dealer, distributor, rebuilder, manufacturer, representative or salesperson, including, without limitation, a default judgment, the judgment is binding on the surety only if the surety was given notice and an opportunity to defend at least 20 days before the date on which the judgment was entered against the dealer, distributor, rebuilder, manufacturer, representative or salesperson.

      (b) Apply to the Director, for good cause shown, for compensation from the bond. The Director may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      (c) Settle the matter with the dealer, distributor, rebuilder, manufacturer, representative or salesperson. If such a settlement is made, the settlement must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State, and submitted to the Director with a request for compensation from the bond. If the Director determines that the settlement was reached in good faith and there is no evidence of collusion or fraud between the parties in reaching the settlement, the surety shall make the payment to the injured person in the amount agreed upon in the settlement.

      8.  Any judgment entered by a court against a dealer, distributor, rebuilder, manufacturer, representative or salesperson may be executed through a writ of attachment, garnishment, execution or other legal process, or the person in whose favor the judgment was entered may apply to the Director for compensation from the bond of the dealer, distributor, rebuilder, manufacturer, representative or salesperson.

      9.  The Department shall not issue a license or plate pursuant to subsection 1 to a manufacturer, distributor, rebuilder or dealer who does not have and maintain an established place of business in this State.

      [Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280; 1955, 468]—(NRS A 1957, 507; 1960, 345; 1961, 80; 1963, 261; 1965, 1475; 1971, 1304; 1973, 39; 1977, 644; 1981, 190; 1983, 1003; 1987, 1144; 1993, 2342; 2001, 1889; 2005, 1241; 2007, 3209)

      NRS 482.346  Deposit in lieu of bond: Specifications; conditions for release; liability; refund; deposit in Motor Vehicle Fund.

      1.  In lieu of a bond, an applicant may deposit with the Department, under terms prescribed by the Department:

      (a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or

      (b) A savings certificate of a bank, credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by NRS 482.345 and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the amount accrues to the account of the applicant.

      2.  A deposit made pursuant to subsection 1 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      3.  When a deposit is made pursuant to subsection 1, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1 of NRS 482.345;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which the licensee is liable under the deposit.

      4.  A deposit made pursuant to subsection 1 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      5.  Any money received by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      (Added to NRS by 1981, 189; A 1983, 142; 1993, 2343; 1999, 1501)

      NRS 482.347  Dealers: Principal and branch places of business to be covered by vehicle dealer’s bond; dealer to procure certain other separate bonds.

      1.  The vehicle dealer’s bond required by NRS 482.345 must cover the dealer’s principal place of business and all branches operated by the dealer, including, without limitation, any place of business operated in this State by the dealer that is located outside the county of the dealer’s principal office or any place of business operated by the dealer under a different name.

      2.  In addition to the coverage provided by the vehicle dealer’s bond pursuant to subsection 1, the dealer shall procure a separate bond for:

      (a) Each place of business operated in this State by the dealer that is located outside the county of the dealer’s principal office; and

      (b) Each place of business operated by the dealer under a different name.

      (Added to NRS by 1979, 1024; A 2001, 1890)

      NRS 482.350  Dealers: New vehicle dealer’s license not to be issued unless dealer first furnishes to Department instrument indicating dealer is franchised dealer of manufacturer; additional functions in which used vehicle dealers may engage.

      1.  A new vehicle dealer’s license shall not be furnished to any dealer in new vehicles, trailers or semitrailers unless the dealer first furnishes the Department an instrument executed by or on behalf of the manufacturer certifying that the dealer is an authorized franchised dealer for the make or makes of vehicle concerned. New vehicle dealers are authorized to sell at retail only those new vehicles for which they are certified as franchised dealers by the manufacturer.

      2.  In addition to selling used vehicles, a used vehicle dealer may:

      (a) Sell at wholesale a new vehicle taken in trade or acquired as a result of a sales contract to a new vehicle dealer who is licensed and authorized to sell that make of vehicle;

      (b) Sell at wholesale a new vehicle through a wholesale vehicle auction provided that the wholesale vehicle auctioneer:

             (1) Does not take an ownership interest in the vehicle; and

             (2) Auctions the vehicle to a vehicle dealer who is licensed and authorized to sell that make of vehicle or to an automobile wrecker who is licensed in this State or any other state; or

      (c) Sell a new vehicle on consignment from a person not licensed as a vehicle dealer, rebuilder or a long-term or short-term lessor.

      [Part 16:202:1931; A 1937, 330; 1951, 165; 1953, 280; 1955, 468]—(NRS A 1957, 508; 1965, 1475; 1995, 776; 2007, 3211)

      NRS 482.351  “Bait and switch,” misleading or inaccurate advertising by dealer or rebuilder prohibited; regulations.

      1.  No vehicle dealer or rebuilder may employ “bait and switch” advertising or otherwise intentionally publish, display or circulate any advertising which is misleading or inaccurate in any material particular or which misrepresents any of the products sold, leased, manufactured, handled or furnished to the public.

      2.  The Director shall adopt such regulations as may be necessary for making the administration of this section effective.

      3.  As used in this section, “bait and switch” advertising consists of an offer to sell goods or services which the seller in truth may not intend or desire to sell, accompanied by one or more of the following practices:

      (a) Refusal to show the goods advertised.

      (b) Disparagement in any material respect of the advertised goods or services or the terms of sale.

      (c) Requiring other sales or other undisclosed conditions to be met before selling the advertised goods or services.

      (d) Refusal to take orders for the goods or services advertised for delivery within a reasonable time.

      (e) Showing or demonstrating defective goods which are unusable or impractical for the purposes set forth in the advertisement.

      (f) Accepting a deposit for the goods or services and subsequently switching the purchase order to higher priced goods or services.

      (Added to NRS by 1965, 1472; A 1971, 1305; 1999, 3284)

      NRS 482.3515  Vehicle dealer required to disclose information concerning emission of carbon dioxide of certain new vehicles; exception.  Every vehicle dealer licensed in this State shall ensure that, beginning with the 2012 model year and continuing with subsequent model years, each new vehicle the vehicle dealer offers for sale is accompanied by a prominent disclosure setting forth the estimated amount of carbon dioxide that the vehicle emits, unless the information concerning the emissions for that vehicle is unavailable.

      (Added to NRS by 2009, 2756)

      NRS 482.352  Manufacturers, distributors, dealers and rebuilders: Grounds for denial, suspension or revocation of license; disclosure of f