USA Statutes : nevada
Title : Title 43 - PUBLIC SAFETY; VEHICLES; WATERCRAFT
Chapter : CHAPTER 485 - MOTOR VEHICLES: INSURANCE AND FINANCIAL RESPONSIBILITY
This chapter may be cited as the Motor
Vehicle Insurance and Financial Responsibility Act.
[21:127:1949]—(NRS A 1995, 2734)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 485.028
to 485.120 , inclusive, have the meanings ascribed to them
in those sections.
[1:127:1949; 1943 NCL § 4439.01]—(NRS A 1961, 138; 1981, 1862;
1987, 1090; 1995, 2734; 1997, 1083)
“Certificate of financial responsibility” means the certificate issued
by an insurance carrier pursuant to NRS 485.308 certifying that there is a motor vehicle
liability policy in effect for a person who is required to furnish proof
of financial responsibility.
(Added to NRS by 1995, 2734)
“Dormant vehicle” means a
motor vehicle:
1. For which a policy of liability insurance is required pursuant
to this chapter; and
2. That will not be operated for an extended period because of
mechanical or seasonal circumstances.
(Added to NRS by 1997, 1083)
“Evidence of
insurance” means:
1. The form provided by an insurer pursuant to NRS 690B.023 as evidence of a contract of insurance for a
motor vehicle liability policy; or
2. The certificate of self-insurance issued to a self-insurer by
the Department pursuant to NRS 485.380 .
(Added to NRS by 1995, 2734)
“Judgment” means any judgment
which shall have become final by expiration without appeal of the time
within which an appeal might have been perfected, or by final affirmation
on appeal rendered by a court of competent jurisdiction of any state or
of the United States, upon a cause of action arising out of the
ownership, maintenance or use of any motor vehicle for damages, including
damages for care and loss of services because of injury to or destruction
of property, including the loss of use thereof, or upon a cause of action
on an agreement of settlement for such damages.
(Added to NRS by 1957, 722)
“Insurance” means:
1. A motor vehicle liability policy; or
2. The security provided by a self-insurer pursuant to NRS 485.380
.
(Added to NRS by 1995, 2734)
“License” means any license,
temporary instruction permit or temporary license issued under the laws
of this State pertaining to the licensing of persons to operate motor
vehicles.
[1.2:127:1949; 1943 NCL § 4439.01b]
“Motor vehicle” means every
self-propelled vehicle which is designed for use upon a highway,
including:
1. Trailers and semitrailers designed for use with such vehicles,
except traction engines, road rollers, farm tractors, tractor cranes,
power shovels and well drillers; and
2. Every vehicle which is propelled by electric power obtained
from overhead wires but not operated upon rails.
Ê The term does not include electric personal assistive mobility devices
as defined in NRS 482.029 .
[1.3:127:1949; 1943 NCL § 4439.01c]—(NRS A 2003, 1206 )
1. “Motor vehicle liability policy” means an owner’s policy of
liability insurance or an operator’s policy of liability insurance issued
by an insurer authorized to transact business in this State, to or for
the benefit of the person named therein as insured.
2. With respect to a policy which grants excess or additional
coverage over that required by NRS 485.3091 , the term “motor vehicle liability policy”
applies only to that part of the coverage which is required by NRS
485.3091 .
(Added to NRS by 1987, 1088; A 1995, 2734)
“Nonresident” means every
person who is not a resident of this State.
[1.4:127:1949; 1943 NCL § 4439.01d]
“Nonresident’s operating privilege” means the privilege conferred upon a
nonresident by the laws of this State pertaining to the operation by him
of a motor vehicle, or the use of a motor vehicle owned by him, in this
State.
[1.5:127:1949; 1943 NCL § 4439.01e]
“Operator” means every person who
is in actual physical control of a motor vehicle whether or not licensed
as an operator pursuant to the laws of this State.
[1.6:127:1949; 1943 NCL § 4439.01f]—(NRS A 1995, 2734)
“Owner” means a person who holds the
legal title of a motor vehicle, or in the event a motor vehicle is the
subject of an agreement for the conditional sale or lease thereof with
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 in the event a mortgagor of a vehicle is
entitled to possession, then such conditional vendee or lessee or
mortgagor shall be deemed the owner for the purposes of this chapter.
[1.7:127:1949; 1943 NCL § 4439.01g]
“Proof
of financial responsibility” means proof of ability to respond for the
future in damages for liability, on account of accidents occurring
subsequent to the effective date of that proof, arising out of the
ownership, maintenance or use of a motor vehicle, in the amounts
specified in NRS 485.185 .
(Added to NRS by 1957, 722; A 1963, 221; 1969, 177; 1981, 627;
1993, 2484)
“Registered owner” means
a person whose name appears in the records of the Department as the
person to whom the vehicle is registered.
(Added to NRS by 1981, 1861; A 1985, 1957; 1999, 3578 )
“Registration” means the
registration certificate and plate issued under the laws of this State
pertaining to the registration of motor vehicles.
[1.9:127:1949; 1943 NCL § 4439.01i]—(NRS A 1985, 1175)
“State” means any state, territory
or possession of the United States, the District of Columbia, or any
province of the Dominion of Canada.
[1.10:127:1949; 1943 NCL § 4439.01j]
ADMINISTRATION
1. The Department shall:
(a) Administer and enforce the provisions of this chapter.
(b) Provide for hearings upon request of persons aggrieved by
orders or acts of the Department under the provisions of NRS 485.185
to 485.300 , inclusive.
2. The Department may adopt regulations necessary for the
administration of this chapter.
[Part 2:127:1949; 1943 NCL § 4439.02]—(NRS A 1961, 138; 1981, 1127;
1999, 3578 )
The
department shall upon request furnish any person a certified abstract of
the operating record of any person subject to the provisions of this
chapter, which abstract must also fully designate the motor vehicles, if
any, registered in the name of that person, and, if there is no record of
any conviction of that person of violating any law relating to the
operation of a motor vehicle or of any injury or damage caused by that
person, the department shall so certify.
(Added to NRS by 1957, 723; A 1961, 138; 1999, 3579 )
1. The department shall publish a leaflet which summarizes and
explains the requirements and provisions of this chapter.
2. The department shall:
(a) Make copies of the leaflet available without charge to all
licensed drivers in this State, to all public school pupils who are of
driving age, and to the public.
(b) Cause a copy of the leaflet to be delivered to each applicant
for a new registration of a vehicle.
(c) Enclose a copy of the leaflet with each application for a
renewal of registration of a vehicle which is mailed to the applicant
pursuant to law.
(Added to NRS by 1965, 334; A 1985, 1958; 1999, 3579 )
Any person aggrieved by a final
decision in a contested case before the department under this chapter is
entitled to judicial review of the decision in the manner provided by
chapter 233B of NRS.
[Part 2:127:1949; 1943 NCL § 4439.02]—(NRS A 1961, 139; 1971, 231;
1981, 1127, 1862; 1989, 1655; 1999, 3579 )
INSURANCE REQUIRED
Every owner of a motor vehicle which is registered or required to be
registered in this State shall continuously provide, while the motor
vehicle is present or registered in this State, insurance:
1. In the amount of $15,000 for bodily injury to or death of one
person in any one accident;
2. Subject to the limit for one person, in the amount of $30,000
for bodily injury to or death of two or more persons in any one accident;
and
3. In the amount of $10,000 for injury to or destruction of
property of others in any one accident,
Ê for the payment of tort liabilities arising from the maintenance or use
of the motor vehicle.
(Added to NRS by 1979, 1820; A 1981, 1862; 1987, 1090; 1993, 2484;
1995, 2734)
1. Except as otherwise provided in subsection 7, any natural
person may satisfy the requirements of NRS 485.185 by obtaining, in lieu of an owner’s policy of
liability insurance, an operator’s policy of liability insurance which
meets the requirements of this section and NRS 485.3091 .
2. An operator’s policy of liability insurance may only be issued
to a person if:
(a) The number of motor vehicles that he owns is greater than the
number of persons in his household who possess a driver’s license; and
(b) Each person in his household who possesses a driver’s license
is covered by an operator’s policy of liability insurance.
3. An operator’s policy of liability insurance must state, in
addition to the requirements of NRS 485.3091 , that:
(a) The insurer is only liable under the policy for liability
incurred by the insured while the named insured is the operator of a
motor vehicle or while a motor vehicle owned by the insured is not being
operated by any person;
(b) The policy does not provide coverage for any vicarious
liability imposed on the owner of the motor vehicle as a result of the
operation by another person of a motor vehicle owned by the insured or
for any liability imposed by NRS 41.440
or 483.300 ; and
(c) The coverage provided by the policy may not meet the
requirements of the financial responsibility laws of other states,
Ê unless such extended coverage is expressly included in the policy. No
operator’s policy of liability insurance may be delivered or issued for
delivery in this State unless the insured has signed an endorsement
stating that he has read and understood the policy and its limitations.
4. An owner of a motor vehicle which is registered or required to
be registered in this State and who holds an operator’s policy of
liability insurance shall not permit another person to operate his motor
vehicle if the owner knows or should have known that the person does not
have liability insurance to cover his own operation of that motor vehicle.
5. An operator’s policy of liability insurance must not provide
coverage for damages incurred while a person other than the named insured
is operating a motor vehicle.
6. An operator’s policy of liability insurance must provide
coverage for liability incurred by the insured while a motor vehicle
owned by the insured is not being operated by any person.
7. This section does not apply to a lessor, dealer, manufacturer,
rebuilder or distributor of a motor vehicle, an owner of a fleet, a
common, contract or private motor carrier or any other employer who owns
a motor vehicle for use in his business.
(Added to NRS by 1987, 1088; A 2001 Special Session, 252 )
1. Except as otherwise provided in subsection 5, the owner of a
motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to
be registered in this State, without having insurance as required by NRS
485.185 .
(b) Operate or knowingly permit the operation of the motor vehicle
without having evidence of insurance of the operator or the vehicle in
the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or
to an authorized representative of the Department the evidence of
insurance.
(d) Knowingly permit the operation of the motor vehicle in
violation of subsection 3 of NRS 485.186 .
2. A person shall not operate the motor vehicle of another person
unless:
(a) He first ensures that the required evidence of insurance is
present in the motor vehicle; or
(b) He has his own evidence of insurance which covers him as the
operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who
violates subsection 1 or 2 is guilty of a misdemeanor. Except as
otherwise provided in this subsection, in addition to any other penalty,
a person sentenced pursuant to this subsection shall be punished by a
fine of not less than $600 nor more than $1,000 for each violation. The
fine must be reduced to $100 for the first violation if the person
obtains a motor vehicle liability policy by the time of sentencing,
unless:
(a) The person has registered the vehicle as part of a fleet of
vehicles pursuant to subsection 5 of NRS 482.215 ; or
(b) The person has been issued a certificate of self-insurance
pursuant to NRS 485.380 .
4. A court:
(a) Shall not find a person guilty or fine a person for a violation
of paragraph (a), (b) or (c) of subsection 1 or for a violation of
subsection 2 if he presents evidence to the court that the insurance
required by NRS 485.185 was in effect
at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a
fine of not more than $1,000 for a violation of paragraph (a), (b) or (c)
of subsection 1, and suspend the balance of the fine on the condition
that the person presents proof to the court each month for 12 months that
the insurance required by NRS 485.185
is currently in effect.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not
apply if the motor vehicle in question displays a valid permit issued by
the Department pursuant to subsection 1 or 2 of NRS 482.3955 , or NRS 482.396 or 482.3965
authorizing the movement or operation of that vehicle within the State
for a limited time.
(Added to NRS by 1987, 1089; A 1987, 1443; 1989, 1844; 1993, 157,
1443, 2485, 2492; 1995, 576, 2357, 2735; 1997, 662; 1999, 2727 ; 2001, 922 )
SECURITY FOLLOWING ACCIDENT
1. If 20 days after the receipt of a report of an accident
involving a motor vehicle within this State which has resulted in bodily
injury or death, or damage to the property of any one person in excess of
$750, the Department does not have on file evidence satisfactory to it
that the person who would otherwise be required to file security under
subsection 2 of this section has been released from liability, has been
finally adjudicated not to be liable or has executed an acknowledged
written agreement providing for the payment of an agreed amount in
installments with respect to all claims for injuries or damages resulting
from the accident, the Department shall upon request set the matter for a
hearing as provided in NRS 485.191 .
2. The Department shall, at any time after a determination adverse
to an operator or owner pursuant to NRS 485.191 , suspend the license of each operator and all
registrations of each owner of a motor vehicle involved in such an
accident, and, if the operator is a nonresident, the privilege of
operating a motor vehicle within this State, and, if the owner is a
nonresident, the privilege of the use within this State of any motor
vehicle owned by him, unless the operator or owner, or both, deposit
security in the sum so determined by the Department. Notice of such a
suspension must be sent by the Department to the operator and owner not
less than 10 days before the effective date of the suspension and must
state the amount required as security. If erroneous information is given
to the Department with respect to the matters set forth in paragraph (a),
(b) or (c) of subsection 1 of NRS 485.200 , the Department shall take appropriate action
as provided in this section after it receives correct information with
respect to those matters.
[Part 4:127:1949; 1943 NCL § 4439.04]—(NRS A 1961, 139; 1965, 264,
1275; 1973, 1545; 1981, 1862; 1987, 1090; 1993, 2486; 1999, 3579 )
1. Any operator or owner of a motor vehicle who was involved in an
accident and who is not exempt from the requirements of depositing
security by the provisions of NRS 485.200 , is entitled to a hearing before the Director
or his representative before a determination of the amount of security
required pursuant to NRS 485.190 , and
before the suspension of his operator’s license or registration as
provided in subsection 2 of NRS 485.190 . The hearing must be held in the county of
residence of the operator. If the operator and owner reside in different
counties and the hearing would involve both of them, the hearing must be
held in the county which will be the most convenient for the summoning of
witnesses.
2. The owner or operator must be given at least 30 days’ notice of
the hearing in writing with a brief explanation of the proceedings to be
taken against him and the possible consequences of a determination
adverse to him.
3. If the operator or owner desires a hearing, he shall, within 15
days, notify the Department in writing of his intention. If he does not
send this notice within the 15 days, he waives his right to a hearing,
except that, the Director may for good cause shown permit the owner a
later opportunity for a hearing.
(Added to NRS by 1973, 1544; A 1981, 1863; 1987, 1091; 1999, 3580
)
The hearing must be held to
determine:
1. Whether or not there is a reasonable possibility that a
judgment may be rendered against the owner or operator as a result of the
accident in which he was involved if the issue is brought before a court
of competent jurisdiction; and
2. The amount of security that may be required of the operator or
owner to satisfy any judgment for damages that may be rendered against
him.
(Added to NRS by 1973, 1544; A 1981, 85)
The Director or
his representative may certify to all official acts and issue subpoenas
for attendance of witnesses and the production of books and papers.
(Added to NRS by 1973, 1544; A 1981, 85)
1. The district court in and for the county in which any hearing
may be held shall have the power to compel the attendance of witnesses,
the giving of testimony and the production of books and papers as
required by any subpoena issued by the Director.
2. In case of the refusal of any witness to attend or testify or
produce any papers required by such subpoena the Director may report to
the district court in and for the county in which the hearing is pending
by petition, setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in this chapter;
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena before the Director in the cause or
proceeding named in the subpoena, or has refused to answer questions
propounded to him in the course of such hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers before the Director.
3. The court, upon petition of the Director, shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in such order, the time to be not more than 10 days
from the date of the order, and then and there show cause why he has not
attended or testified or produced the books or papers before the
Director. A certified copy of the order shall be served upon the witness.
If it shall appear to the court that the subpoena was regularly issued by
the Director, the court shall thereupon enter an order that the witness
appear before the Director at the time and place fixed in the order and
testify or produce the required books or papers, and upon failure to obey
the order the witness shall be dealt with as for contempt of court.
(Added to NRS by 1973, 1545)
1. The requirements as to security and suspension in NRS 485.190
to 485.300 , inclusive, do not apply:
(a) To the operator or owner if he had in effect at the time of the
accident a motor vehicle liability policy with respect to the motor
vehicle involved in the accident;
(b) To the operator if there was in effect at the time of the
accident a motor vehicle liability policy with respect to his operation
of any motor vehicle;
(c) To the operator or owner if his liability for damages resulting
from the accident is, in the judgment of the Department, covered by any
other form of liability insurance policy or a bond;
(d) To any person qualifying as a self-insurer pursuant to NRS
485.380 , or to any person operating a
motor vehicle for the self-insured;
(e) To the operator or the owner of a motor vehicle involved in an
accident wherein no injury or damage was caused to the person or property
of anyone other than the operator or owner;
(f) To the operator or the owner of a motor vehicle legally parked
at the time of the accident;
(g) To the owner of a motor vehicle if at the time of the accident
the vehicle was being operated without his permission, express or
implied, or was parked by a person who had been operating the motor
vehicle without permission; or
(h) If, before the date that the Department would otherwise suspend
the license and registration or nonresident’s operating privilege
pursuant to NRS 485.190 , there is filed
with the Department evidence satisfactory to it that the person who would
otherwise have to file security has been released from liability or has
received a determination in his favor at a hearing conducted pursuant to
NRS 485.191 , or has been finally
adjudicated not to be liable or has executed an acknowledged written
agreement providing for the payment of an agreed amount in installments,
with respect to all claims for injuries or damages resulting from the
accident.
2. An owner who is not the operator of the motor vehicle is not
exempt from the requirements as to security and suspension in NRS 485.190
to 485.300 , inclusive, if he holds a motor vehicle
liability policy which provides coverage only when he is operating the
motor vehicle and, at the time of the accident, another person is
operating the motor vehicle with the express or implied permission of the
owner.
[Part 4:127:1949; 1943 NCL § 4439.04] + [5:127:1949; 1943 NCL §
4439.05]—(NRS A 1961, 140; 1973, 836, 1546; 1979, 1515; 1981, 1863; 1987,
1091; 1995, 2736; 1999, 3580 )
For the purposes
of NRS 485.200 , a policy or bond is not
effective unless:
1. The policy or bond is subject, if the accident has resulted in
bodily injury or death, to a limit, exclusive of interest and costs, of
not less than $15,000 because of bodily injury to or death of one person
in any one accident and, subject to the limit for one person, to a limit
of not less than $30,000 because of bodily injury to or death of two or
more persons in any one accident and, if the accident has resulted in
injury to or destruction of property, to a limit of not less than $10,000
because of injury to or destruction of property of others in any one
accident; and
2. The insurance company or surety company issuing that policy or
bond is authorized to do business in this State or, if the company is not
authorized to do business in this State, unless it executes a power of
attorney authorizing the Director to accept service on its behalf of
notice or process in any action upon that policy or bond arising out of
an accident.
[Part 4:127:1949; 1943 NCL § 4439.04]—(NRS A 1961, 141; 1963, 220;
1969, 177; 1981, 628; 1985, 1958; 1987, 1092; 1995, 2737)
1. The security required pursuant to NRS 485.190 to 485.300 ,
inclusive, must be in such a form and amount as the Department may
require, but in no case in excess of the limits specified in NRS 485.210
in reference to the acceptable limits
of a policy or bond.
2. The person depositing the security shall specify in writing the
person or persons on whose behalf the deposit is made and, at any time
while the deposit is in the custody of the Department or the State
Treasurer, the person depositing it may, in writing, amend the
specification of the person or persons on whose behalf the deposit is
made to include an additional person or persons, but a single deposit of
security is applicable only on behalf of persons required to furnish
security because of the same accident.
[Part 8:127:1949; 1943 NCL § 4439.08]—(NRS A 1961, 141; 1981, 1128;
1995, 2737; 1999, 3581 )
1. The license, all registrations and the nonresident’s operating
privilege suspended as provided in NRS 485.190 must remain so suspended and may not be
renewed nor may any license or registration be issued to any such person
until:
(a) He deposits or there is deposited on his behalf the security
required under NRS 485.190 ;
(b) Two years have elapsed following the date of the accident and
evidence satisfactory to the Department has been filed with it that
during that period no action for damages arising out of the accident has
been instituted; or
(c) Evidence satisfactory to the Department has been filed with it
of a release from liability, or a final adjudication of nonliability, or
an acknowledged written agreement, in accordance with NRS 485.190 .
2. Upon any default in the payment of any installment under any
acknowledged written agreement, and upon notice of the default, the
Department shall suspend the license and all registrations or the
nonresident’s operating privilege of the person defaulting, which may not
be restored until:
(a) The person deposits and thereafter maintains security as
required under NRS 485.190 in such an
amount as the Department may then determine; or
(b) One year has elapsed following the date of default, or 2 years
following the date of the accident, whichever is greater, and during that
period no action upon the agreement has been instituted in a court in
this State.
3. Proof of financial responsibility, as set forth in NRS 485.307
, is an additional requirement for
reinstatement of the operator’s license and registrations under this
section. He shall maintain proof of financial responsibility for 3 years
after the date of reinstatement of the license in accordance with the
provisions of this chapter. If he fails to do so the Department shall
suspend the license and registrations.
[6:127:1949; 1943 NCL § 4439.06]—(NRS A 1957, 721; 1961, 141; 1981,
1864; 1985, 1175; 1999, 3581 )
1. If the operator or the owner of a motor vehicle involved in an
accident within this State has no license or registration, or is a
nonresident, he must not be allowed a license or registration until he
has complied with the requirements of NRS 485.190 to 485.300 ,
inclusive, to the same extent that would be necessary if, at the time of
the accident, he had held a license and registration.
2. When a nonresident’s operating privilege is suspended pursuant
to NRS 485.190 or 485.230 , the Department shall transmit a certified
copy of the record of that action to the officer in charge of the
issuance of licenses and registration certificates in the state in which
the nonresident resides, if the law of that state provides for action in
relation thereto similar to that provided for in subsection 3.
3. Upon receipt of a certification that the operating privilege of
a resident of this State has been suspended or revoked in any other state
pursuant to a law providing for its suspension or revocation for failure
to deposit security for the payment of judgments arising out of a motor
vehicle accident, under circumstances which would require the Department
to suspend a nonresident’s operating privilege had the accident occurred
in this State, the Department shall suspend the license of the resident
if he was the operator, and all of his registrations if he was the owner
of a motor vehicle involved in that accident. The suspension must
continue until the resident furnishes evidence of his compliance with the
law of the other state relating to the deposit of that security.
[7:127:1949; 1943 NCL § 4439.07]—(NRS A 1957, 722; 1961, 142; 1981,
1128; 1995, 2737; 1999, 3582 )
The Department may reduce the amount of security ordered in any case
within 6 months after the date of the accident if, in its judgment, the
amount ordered is excessive. In case the security originally ordered has
been deposited, the excess deposited over the reduced amount ordered must
be returned to the depositor or his personal representative forthwith,
notwithstanding the provisions of NRS 485.270 .
[Part 8:127:1949; 1943 NCL § 4439.08]—(NRS A 1961, 143; 1999, 3582
)
Security deposited pursuant to
the requirements of NRS 485.190 to
485.300 , inclusive, must be placed by
the Department in the custody of the State Treasurer.
[Part 9:127:1949; A 1955, 192]—(NRS A 1961, 143; 1981, 1129; 1995,
2738; 1999, 3583 )
Security deposited in
compliance with the requirements of this chapter is applicable only to
the payment of a judgment or judgments rendered against the person or
persons on whose behalf the deposit was made for damages arising out of
the accident in question in an action at law, begun not later than 2
years after the date of the accident or within 1 year after the date of
deposit of any security under NRS 485.230 , whichever period is longer, or to the payment
in settlement, agreed to by the depositor, of a claim or claims arising
out of the accident.
[Part 9:127:1949; A 1955, 192]—(NRS A 1957, 722; 1981, 1865)
A deposit or any balance thereof
must be returned to the depositor or his personal representative:
1. When evidence satisfactory to the Department has been filed
with it that there has been a release from liability, a final
adjudication of nonliability or an acknowledged agreement, in accordance
with paragraph (h) of subsection 1 of NRS 485.200 ; or
2. If 2 years after the date of the accident or 1 year after the
date of deposit of any security under NRS 485.230 , whichever period is longer, the Department is
given reasonable evidence that there is no action pending and no judgment
rendered in such an action left unpaid.
[Part 9:127:1949; A 1955, 192]—(NRS A 1961, 143; 1981, 1865; 1987,
1093; 1999, 3583 )
1. In cases where a return to a depositor or his personal
representative is authorized and warranted under NRS 485.280 but the address or present whereabouts of the
depositor is unknown and cannot be readily ascertained by the Department,
the security deposited may, 90 days after its return would be authorized
by NRS 485.280 , be transferred from the
custody of the State Treasurer to the State Highway Fund for the general
use of the Department of Transportation upon the written and certified
request of the Department.
2. The request made by the Department must state the names of the
parties, the dates and a concise statement of the facts involved and must
be forwarded in duplicate to the State Controller and the State Treasurer.
3. The State Controller and the State Treasurer are directed to
transfer the amounts of security deposits from the custody of the State
Treasurer to the State Highway Fund to effectuate the purposes of this
section upon being satisfied that the provisions of this chapter have
been complied with.
4. If the depositor of the security or his rightful heirs or
legatees, within 5 years after the transfer of the deposit to the State
Highway Fund, present a verified claim to the Department and make proof
of the validity of the claim, the Department, if it is satisfied as to
the validity of the claim, may determine the amount thereby found to be
due and certify it to the State Controller who shall draw his warrant
therefor on the State Treasurer, who shall pay the warrant out of the
State Highway Fund.
5. If the Department denies the validity of the claim, the
claimant, upon notice to the Attorney General, has a right to appeal to
the First Judicial District Court of the State of Nevada, in and for
Carson City, and present his proof of the validity of the claim. If,
after hearing, the court is satisfied the claimant is rightfully entitled
to the deposit, the court shall enter a decree that the money be paid to
him. The decree must be certified to the State Board of Examiners,
stating the amount thereby found to be due, and the State Board of
Examiners shall allow the amount and certify it to the State Controller
who shall draw his warrant therefor on the State Treasurer, who shall pay
the warrant out of the State Highway Fund.
6. The amounts in the custody of the State Treasurer on March 19,
1955, falling under the provisions of this section, may be transferred to
the State Highway Fund, after the expiration of 90 days from March 19,
1955, in accordance with the provisions of this section.
[Part 9:127:1949; A 1955, 192]—(NRS A 1961, 143; 1971, 231; 1979,
1815; 1999, 3583 )
Any action
taken by the department pursuant to NRS 485.190 to 485.300 ,
inclusive, the findings, if any, of the department upon which the action
is based and the security filed pursuant to NRS 485.190 to 485.300 ,
inclusive, are privileged against disclosure at the trial of any action
at law to recover damages.
[10:127:1949; 1943 NCL § 4439.10]—(NRS A 1961, 144; 1971, 809;
1981, 1129; 1995, 2738; 1999, 3584 )
NONPAYMENT OF JUDGMENT
1. Whenever any person fails within 60 days to satisfy any
judgment, the judgment creditor or his attorney may forward to the
Department immediately after the expiration of the 60 days a certified
copy of the judgment.
2. If the defendant named in any certified copy of a judgment
reported to the Department is a nonresident, the Department shall
transmit a certified copy of the judgment to the officer in charge of the
issuance of licenses and registration certificates of the state in which
the defendant is a resident.
(Added to NRS by 1957, 723; A 1961, 144; 1983, 266; 1999, 3584
)
1. The Department shall, upon the receipt of a certified copy of a
judgment, suspend the license, all registrations and any nonresident’s
operating privilege of any person against whom the judgment was rendered,
except as otherwise provided in this section and in NRS 485.305 .
2. If the judgment creditor consents in writing, in such a form as
the Department may prescribe, that the judgment debtor be allowed a
license and registration or nonresident’s operating privilege, it may be
allowed by the Department until the consent is revoked in writing,
notwithstanding default in the payment of the judgment or of any
installments thereof prescribed in NRS 485.305 , if the judgment debtor furnishes proof of
financial responsibility as provided in NRS 485.307 . The debtor shall maintain proof of financial
responsibility for 3 years after the date of reinstatement of the license
pursuant to the provisions of this chapter. If he fails to do so, the
Department shall suspend his license and registrations.
(Added to NRS by 1957, 723; A 1961, 144; 1985, 1176; 1995, 2738;
1999, 3584 )
1. The license, all registrations and the nonresident’s operating
privilege must remain so suspended and must not be renewed, nor may any
license or registration be thereafter issued in the name of such a
person, including any such person not previously licensed, unless every
such judgment is stayed, satisfied in full or to the extent provided in
this chapter and the person gives proof of financial responsibility
subject to the exemptions stated in NRS 485.302 and 485.305 .
2. The requirements of this section for reinstatement of a
license, registration or privilege are in addition to the requirements of
NRS 485.307 .
(Added to NRS by 1957, 723; A 1975, 46; 1985, 1176)
Judgments must for the purpose of this chapter only, be deemed satisfied:
1. When $15,000 has been credited upon any judgment or judgments
rendered in excess of that amount because of bodily injury to or death of
one person as the result of any one accident;
2. When, subject to the limit of $15,000 because of bodily injury
to or death of one person, the sum of $30,000 has been credited upon any
judgment or judgments rendered in excess of that amount because of bodily
injury to or death of two or more persons as the result of any one
accident; or
3. When $10,000 has been credited upon any judgment or judgments
rendered in excess of that amount because of injury to or destruction of
property of others as a result of any one accident,
Ê but payments made in settlement of any claims because of bodily injury,
death or property damage arising from a motor vehicle accident must be
credited in reduction of the amounts provided for in this section.
(Added to NRS by 1957, 724; A 1963, 221; 1969, 177; 1981, 628)
1. A judgment debtor upon notice to the judgment creditor may
apply to the court in which the judgment was rendered for the privilege
of paying the judgment in installments and the court, without prejudice
to any other legal remedies which the judgment creditor may have, may so
order and fix the amounts and times of payment of the installments.
2. The Department shall not suspend a license, registration or a
nonresident’s operating privilege, and shall restore any license,
registrations or nonresident’s operating privilege suspended following
nonpayment of a judgment, if the judgment debtor gives proof of financial
responsibility and obtains such an order permitting the payment of the
judgment in installments, and while the payment of any such installment
is not in default. The requirements of this section for reinstatement of
a license, registration or privilege are in addition to the requirements
of NRS 485.307 .
3. If the judgment debtor fails to pay any installment as
specified by such an order, upon notice of the default, the Department
shall forthwith suspend the license, registrations or nonresident’s
operating privilege of the judgment debtor until the judgment is
satisfied, as provided in this chapter.
(Added to NRS by 1957, 724; A 1961, 145; 1985, 1177; 1999, 3585
)
PROOF OF FINANCIAL RESPONSIBILITY
1. Proof of financial responsibility, when required pursuant to
this title, may be given by filing:
(a) A certificate of financial responsibility as provided in NRS
485.308 or 485.309 ; or
(b) A certificate of self-insurance, as provided in NRS 485.380
, supplemented by an agreement by the
self-insurer that, with respect to accidents occurring while the
certificate is in force, he will pay the same judgments and in the same
amounts that an insurer would have been obligated to pay under an owner’s
policy of liability insurance if it had issued such a policy to the
self-insurer.
2. Whenever the Department restores a license, permit or privilege
of driving a vehicle in this State which has been revoked, no motor
vehicle may be or continue to be registered in the name of the person
whose license, permit or privilege was revoked unless proof of financial
responsibility is furnished by that person.
(Added to NRS by 1957, 725; A 1985, 1177; 1987, 1093; 1993, 2486;
1995, 2738)
A person whose license or registrations are suspended for failure to
maintain proof of financial responsibility as required pursuant to this
title must provide proof of financial responsibility pursuant to NRS
485.307 before his license or
registrations will be reinstated. The person must maintain proof of
financial responsibility for 3 years after the date of the reinstatement
of his license pursuant to the provisions of this chapter. If he fails to
do so, the Department shall suspend his license and registrations.
(Added to NRS by 1995, 2734; A 1999, 3585 )
1. Proof of financial responsibility may be furnished by filing
with the Department the written certificate of any insurance carrier
authorized to do business in this State certifying that there is in
effect a motor vehicle liability policy for the benefit of the person
required to furnish proof of financial responsibility. The certificate
must specify its effective date and:
(a) If the policy is an owner’s policy of liability insurance,
designate by appropriate reference all motor vehicles covered by it; or
(b) If the policy is an operator’s policy of liability insurance,
designate the person covered.
2. The Department may authorize the filing of the certificates
described in subsection 1 by electronic transmission or any other means
deemed appropriate by the Department.
3. An insurance carrier that certifies the existence of a motor
vehicle liability policy pursuant to subsection 1, must notify the
Department at least 10 days before the cancellation or termination of the
policy.
(Added to NRS by 1957, 725; A 1961, 146; 1973, 837; 1979, 1515;
1985, 1178; 1987, 1093; 1993, 2487; 1995, 2739; 1999, 3585 )
1. The nonresident owner of a motor vehicle not registered in this
State or a nonresident operator of a motor vehicle may give proof of
financial responsibility by filing with the Department a written
certificate of an insurance carrier authorized to transact business:
(a) If the insurance provides coverage for the vehicle, in the
state in which the motor vehicle described in the certificate is
registered; or
(b) If the insurance provides coverage for the operator only, in
the state in which the insured resides,
Ê if the certificate otherwise conforms to the provisions of this chapter.
2. The Department shall accept the proof upon condition that the
insurance carrier complies with the following provisions with respect to
the policies so certified:
(a) The insurance carrier shall execute a power of attorney
authorizing the Director to accept service on its behalf of notice or
process in any action arising out of an accident involving a motor
vehicle in this State; and
(b) The insurance carrier shall agree in writing that the policies
shall be deemed to conform with the laws of this State relating to the
terms of liability policies for owners of motor vehicles.
3. If any insurance carrier not authorized to transact business in
this State, which has qualified to furnish proof of financial
responsibility, defaults in any undertakings or agreements, the
Department shall not thereafter accept as proof any certificate of that
carrier whether theretofore filed or thereafter tendered as proof, as
long as the default continues.
(Added to NRS by 1957, 725; A 1961, 146; 1985, 1958; 1987, 1094;
1999, 3586 )
1. An owner’s policy of liability insurance must:
(a) Designate by explicit description or by appropriate reference
all motor vehicles with respect to which coverage is thereby to be
granted; and
(b) Insure the person named therein and any other person, as
insured, using any such motor vehicle with the express or implied
permission of the named insured, against loss from the liability imposed
by law for damages arising out of the ownership, maintenance or use of
such motor vehicle within the United States of America or the Dominion of
Canada, subject to limits exclusive of interest and costs, with respect
to each such motor vehicle, as follows:
(1) Because of bodily injury to or death of one person in
any one accident, $15,000;
(2) Subject to the limit for one person, because of bodily
injury to or death of two or more persons in any one accident, $30,000;
and
(3) Because of injury to or destruction of property of
others in any one accident, $10,000.
2. An operator’s policy of liability insurance must insure the
person named as insured therein against loss from the liability imposed
upon him by law for damages arising out of the use by him of any motor
vehicle within the same territorial limits and subject to the same limits
of liability as are set forth in paragraph (b) of subsection 1.
3. A motor vehicle liability policy must state the name and
address of the named insured, the coverage afforded by the policy, the
premium charged therefor, the period of effectiveness and the limits of
liability, and must contain an agreement or be endorsed that insurance is
provided thereunder in accordance with the coverage defined in this
chapter as respects bodily injury and death or property damage, or both,
and is subject to all the provisions of this chapter.
4. A motor vehicle liability policy need not insure any liability
under any workmen’s compensation law nor any liability on account of
bodily injury to or death of an employee of the insured while engaged in
the employment, other than domestic, of the insured, or while engaged in
the operation, maintenance or repair of any motor vehicle owned by the
insured nor any liability for damage to property owned by, rented to, in
charge of or transported by the insured.
5. Every motor vehicle liability policy is subject to the
following provisions which need not be contained therein:
(a) The liability of the insurance carrier with respect to the
insurance required by this chapter becomes absolute whenever injury or
damage covered by the policy occurs. The policy may not be cancelled or
annulled as to such liability by any agreement between the insurance
carrier and the insured after the occurrence of the injury or damage. No
statement made by the insured or on his behalf and no violation of the
policy defeats or voids the policy.
(b) The satisfaction by the insured of a judgment for injury or
damage is not a condition precedent to the right or duty of the insurance
carrier to make payment on account of the injury or damage.
(c) The insurance carrier may settle any claim covered by the
policy, and if such a settlement is made in good faith, the amount
thereof is deductible from the limits of liability specified in paragraph
(b) of subsection 1.
(d) The policy, the written application therefor, if any, and any
rider or endorsement which does not conflict with the provisions of this
chapter constitute the entire contract between the parties.
6. Any policy which grants the coverage required for a motor
vehicle liability policy may also grant any lawful coverage in excess of
or in addition to the coverage specified for a motor vehicle liability
policy, and the excess or additional coverage is not subject to the
provisions of this chapter.
7. Any motor vehicle liability policy may provide for the
prorating of the insurance thereunder with other valid and collectible
insurance.
8. The requirements for a motor vehicle liability policy may be
fulfilled by the policies of one or more insurance carriers, which
policies together meet those requirements.
9. Any binder issued pending the issuance of a motor vehicle
liability policy shall be deemed to fulfill the requirements for such a
policy.
(Added to NRS by 1957, 726; A 1963, 222; 1967, 1203; 1969, 178;
1973, 837; 1979, 1516; 1981, 628; 1987, 1094)
When an insurance carrier has issued a motor vehicle
liability policy, the insurance so issued must not be cancelled or
terminated until at least 10 days after a notice of cancellation or
termination of the insurance has been mailed first class or delivered to
the insured and, if the insurance carrier has certified the policy under
NRS 485.308 or 485.309 , a notice has also been filed in the office of
the Department. A policy subsequently procured and certified, on the
effective date of its certification, terminates the insurance previously
certified with respect to any motor vehicle designated or the person
named as the insured operator in both certificates. If the effective date
of the termination is within 3 years after the date of reinstatement of a
license, registration or privilege, the Department shall suspend the
license and registration or privilege.
(Added to NRS by 1957, 727; A 1961, 146; 1967, 1204; 1985, 1061,
1178; 1987, 1096; 1999, 3586 )
1. This chapter shall not be held to apply to or affect policies
of automobile insurance against liability which may now or hereafter be
required by any other law of this State, and such policies, if they
contain an agreement or are endorsed to conform to the requirements of
this chapter, may be certified as proof of financial responsibility under
this chapter.
2. This chapter shall not be held to apply to or affect policies
insuring solely the insured named in the policy against liability
resulting from the maintenance or use by persons in the insured’s employ
or on his behalf of motor vehicles not owned by the insured.
(Added to NRS by 1957, 728)
Whenever any proof of
financial responsibility filed under the provisions of this chapter no
longer fulfills the purposes for which required, the Department shall,
for the purpose of this chapter, require other proof as required by this
chapter and shall suspend the license and registration or the
nonresident’s operating privilege pending the filing of such other proof.
(Added to NRS by 1957, 729; A 1961, 148; 1999, 3586 )
1. The Department shall, upon request, consent to the immediate
cancellation of any certificate of financial responsibility or waive the
requirement of filing proof of financial responsibility, in any of the
following events:
(a) At any time after 3 years after the date the proof of financial
responsibility was required when, during the 3-year period preceding the
request, the Department has not received a record of a conviction or a
forfeiture of bail which would require or permit the suspension or
revocation of the license, registration or nonresident’s operating
privilege of the person by or for whom the proof of financial
responsibility was furnished;
(b) The death of the person on whose behalf the proof of financial
responsibility was filed or the permanent incapacity of the person to
operate a motor vehicle; or
(c) If the person who is required to file proof of financial
responsibility surrenders his license and registration to the Department.
2. If a person who surrenders his license and registration
pursuant to paragraph (c) of subsection 1 applies for a license or
registration within a period of 3 years after the date proof of financial
responsibility was originally required, the application must be refused
unless the applicant reestablishes proof of financial responsibility for
the remainder of the 3-year period.
(Added to NRS by 1957, 729; A 1961, 148; 1995, 2739; 1999, 3587
)
VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY
1. The Department shall create a system for verifying that the
owners of motor vehicles maintain the insurance required by NRS 485.185
.
2. As used in this section, “motor vehicle” does not include:
(a) A golf cart, as that term is defined in NRS 482.044 .
(b) A motortruck, truck tractor, bus or other vehicle that is
registered pursuant to paragraph (e) of subsection 1 of NRS 482.482
or NRS 706.801 to 706.861 ,
inclusive.
(Added to NRS by 1993, 2483; A 1995, 2740; 1997, 1083)
1. On or before the 15th calendar day of each month, each insurer
that has executed a contract of insurance for a motor vehicle liability
policy which may be used to meet the requirements of NRS 485.185 shall provide the Department with a record of
each such policy issued, amended or terminated in the previous month on
the date the record is provided. The record must include:
(a) The name or identification number of each insured named in the
policy of insurance;
(b) The make, year and vehicle identification number of each motor
vehicle included in the policy of insurance;
(c) The number, effective date and expiration date of the policy of
insurance; and
(d) Any other information required by the Department.
2. The record provided pursuant to subsection 1 must be submitted
in a form approved by the Department and may include, without limitation,
magnetic tape or any other electronic medium deemed acceptable by the
Department.
3. The Department shall notify the Commissioner of Insurance if an
insurer:
(a) Fails to comply with subsection 1 or 2; or
(b) In complying with subsection 1 or 2, provides to the Department
information that is false, incomplete or misleading.
(Added to NRS by 1993, 2483; A 1995, 2740; 1997, 1083)
1. Except as otherwise provided in subsections 2 and 3,
information which is maintained in the database created pursuant to NRS
485.313 is confidential.
2. The Department may only disclose information which is
maintained in the database, upon request, to a state or local
governmental agency for the purpose of enforcing NRS 485.185 , including investigating or litigating a
violation or alleged violation.
3. The Department may only disclose information retrieved from the
database to:
(a) A person who requests information regarding his own status;
(b) The parent or legal guardian of the person about whom the
information is requested if the person is an unemancipated minor or
legally incapacitated;
(c) A person who has a power of attorney from the person about whom
the information is requested;
(d) A person who submits a notarized release from the person about
whom the information is requested which is dated no more than 90 days
before the date of the request; or
(e) A person who has suffered a loss or injury in an accident
involving a motor vehicle, or his authorized insurer or a representative
of his authorized insurer, who requests:
(1) Information for use in the accident report; and
(2) For each motor vehicle involved in the accident:
(I) The name and address of each registered owner;
(II) The name of the insurer; and
(III) The number of the policy of liability insurance.
4. A person who knowingly violates the provisions of this section
is guilty of a category D felony and shall be punished as provided in NRS
193.130 .
5. As used in this section, “authorized insurer” has the meaning
ascribed to it in NRS 679A.030 .
(Added to NRS by 1993, 2484; A 1995, 1301, 2740; 2001 Special
Session, 253 )
1. Subject to the limitations set forth in this subsection and
subsection 2, the Department shall, at least monthly, compare the current
registrations of motor vehicles to the information in the database
created pursuant to NRS 485.313 to
verify that each motor vehicle:
(a) Which is newly registered in this State; or
(b) For which a policy of liability insurance has been issued,
amended or terminated,
Ê is covered by a policy of liability insurance as required by NRS
485.185 . In identifying a motor vehicle
for verification pursuant to this subsection, the Department may, if the
motor vehicle was manufactured during or after 1981, use only the last
eight digits of the vehicle identification number. In comparing the
vehicle identification number of a motor vehicle to the vehicle
identification number in a policy of liability insurance, to determine if
the two vehicle identification numbers match, the Department may find
that the two vehicle identification numbers match if no fewer than seven
of the last eight digits of the two vehicle identification numbers match.
2. Except as otherwise provided in this subsection, the Department
may use any information to verify, pursuant to subsection 1, whether the
motor vehicle is covered by a policy of liability insurance as required
by NRS 485.185 . The Department may not
use the name of the owner of a motor vehicle as the primary means of
verifying that a motor vehicle is covered by a policy of liability
insurance.
3. If, pursuant to subsection 1, the Department determines that a
motor vehicle is not covered by a policy of liability insurance as
required by NRS 485.185 , the Department
shall send a form for verification by first-class mail to each registered
owner that it determines has not maintained the insurance required by NRS
485.185 . The owner shall complete the
form with all the information which is requested by the Department,
including whether he carries an owner’s or operator’s policy of liability
insurance or a certificate of self-insurance, and return the completed
form within 20 days after the date on which the form was mailed by the
Department. If the Department does not receive the completed form within
20 days after it mailed the form to the owner, the Department shall send
to the owner a notice of suspension of registration by certified mail.
The notice must inform the owner that unless he submits a completed form
to the Department within 15 days after the date on which the notice was
sent by the Department his registration will be suspended pursuant to
subsection 5. This subsection does not prohibit an authorized agent of
the owner from providing to the Department:
(a) The information requested by the Department pursuant to this
subsection.
(b) Additional information to amend or correct information already
submitted to the Department pursuant to this subsection.
4. When the Department receives a completed form for verification,
it shall verify the information on the form.
5. The Department shall suspend the registration and require the
return to the Department of the license plates of any vehicle for which
the form for verification set forth in subsection 3 is:
(a) Not returned to the Department by the registered owner or his
authorized agent within the period specified in that subsection;
(b) Returned to the Department by the registered owner or his
authorized agent and the Department is not able to verify the information
on the form; or
(c) Returned by the registered owner or his authorized agent with
an admission of having no insurance or without indicating an insurer or
the number of a motor vehicle liability policy or a certificate of
self-insurance.
6. If the Department suspends a registration pursuant to
subsection 5 because:
(a) Neither the owner nor his authorized agent returned a form for
verification within the specified period or the owner or his authorized
agent returned a form for verification that was not completed
sufficiently, and the owner or his authorized agent, thereafter:
(1) Proves to the satisfaction of the Department that there
was a justifiable cause for his failure to do so;
(2) Submits a completed form regarding his insurance on the
date stated in the form mailed by the Department pursuant to subsection
3; and
(3) Presents evidence of current insurance; or
(b) The owner or his authorized agent submitted to the Department a
form for verification containing information that the Department was
unable to verify and, thereafter, the owner or his authorized agent
presents to the Department:
(1) A corrected form or otherwise verifiable evidence
setting forth that the owner possessed insurance on the date stated in
the form; and
(2) Evidence of current insurance,
Ê the Department shall rescind its suspension of the registration if it
is able to verify the information on the form or the other evidence
presented. The Department shall not charge a fee to reinstate a
registration, the suspension of which was rescinded pursuant to this
subsection. For the purposes of this subsection, “justifiable cause” may
include, but is not limited to, the fact that the owner did not receive
the form mailed by the Department pursuant to subsection 3.
7. Except as otherwise provided in subsections 8 and 9, if a
registered owner whose registration is suspended pursuant to subsection
5, failed to have insurance on the date specified in the form for
verification, the Department shall reinstate the registration of the
vehicle and reissue the license plates only upon filing by the registered
owner of evidence of current insurance and payment of the fee for
reinstatement of registration prescribed in paragraph (a) of subsection 6
of NRS 482.480 .
8. If a registered owner proves to the satisfaction of the
Department that his vehicle was a dormant vehicle during the period in
which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the
vehicle, the Department shall reinstate his registration and, if
applicable, reissue his license plates. If such an owner of a dormant
vehicle failed to cancel the registration for the vehicle in accordance
with subsection 3 of NRS 485.320 , the
Department shall not reinstate his registration or reissue his license
plates unless the owner pays the fee set forth in paragraph (b) of
subsection 6 of NRS 482.480 .
9. If the Department suspends the registration of a motor vehicle
pursuant to subsection 5 because the registered owner of the motor
vehicle failed to have insurance on the date specified in the form for
verification, and if the registered owner, in accordance with regulations
adopted by the Department, proves to the satisfaction of the Department
that he was unable to comply with the provisions of NRS 485.185 on that date because of extenuating
circumstances, the Department may:
(a) Reinstate the registration of the motor vehicle and reissue the
license plates upon payment by the registered owner of a fee of $50,
which must be deposited in the Account for Verification of Insurance
created by subsection 6 of NRS 482.480 ;
or
(b) Rescind the suspension of the registration without the payment
of a fee.
Ê The Department shall adopt regulations to carry out the provisions of
this subsection.
10. For the purposes of verification of insurance by the
Department pursuant to this section, a motor vehicle shall be deemed to
be covered by liability insurance unless the motor vehicle is without
coverage for a period of more than 7 days.
(Added to NRS by 1981, 1691; A 1983, 1133; 1985, 730; 1987, 320,
686, 1097, 1499; 1989, 1262; 1993, 272, 1393, 2487; 1995, 2741; 1997,
1084, 2648; 2001, 669 ; 2001 Special Session, 254 ; 2005, 2316 )
An insurer, its agents, the Department and its
employees who act pursuant to NRS 485.313 to 485.318 ,
inclusive, in good faith and without gross negligence are immune from
civil liability for those acts.
(Added to NRS by 1993, 2484; A 1995, 2742)
VIOLATIONS AND PENALTIES
1. If the license of any person is suspended as provided in this
chapter, he shall immediately return the license to the Department. If
his registration is suspended, he shall immediately return the
certificate of registration and the license plates to the Department.
2. If any person fails to return any item as required by
subsection 1, the Department shall forthwith direct any peace officer to
secure possession thereof and to return the item to the Department.
3. A person who owns a dormant vehicle who desires to cancel the
policy of liability insurance covering that vehicle or to allow such a
policy to expire:
(a) Shall, on or before the date on which the policy is cancelled
or expires, cancel the registration of the vehicle to which that policy
pertains.
(b) May, if he presents the license plates for that vehicle to the
authorized personnel of the Department for the removal and destruction of
the sticker or other device evidencing the current registration of the
vehicle, retain for potential reinstatement the license plates for a
period not to exceed 1 year.
4. The Department shall adopt regulations which define “extended
period,” “mechanical circumstances” and “seasonal circumstances” for the
purposes of NRS 485.0335 .
[12:127:1949; 1943 NCL § 4439.12]—(NRS A 1961, 149; 1987, 319;
1997, 1086; 1999, 3587 )
1. The Department shall suspend the license of any person
convicted of violating the provisions of paragraph (a) of subsection 1 of
NRS 485.187 .
2. Any license suspended pursuant to subsection 1 must remain
suspended until the person shows proof of financial responsibility as set
forth in NRS 485.307 . The person shall
maintain proof of financial responsibility for 3 years after the
reinstatement of his license pursuant to the provisions of this chapter,
and if he fails to do so, the Department shall suspend any license
previously suspended pursuant to subsection 1.
(Added to NRS by 1981, 1861; A 1985, 1178, 1959; 1987, 1096, 1442;
1993, 2487; 1995, 700, 2742; 1999, 3588 )
Any person whose license or registration or nonresident’s
operating privilege has been suspended pursuant to this chapter and who,
during the suspension, drives any motor vehicle upon any highway or
knowingly permits any motor vehicle owned by him to be operated by
another person upon any highway, except as permitted pursuant to this
chapter, is guilty of a misdemeanor.
[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967, 596; 1995, 2742)
Any person willfully failing to return a license, certificate of
registration or license plate as required in NRS 485.320 is guilty of a misdemeanor.
[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967, 596; 1987, 320)
Any person who:
1. Forges, materially alters or, without authority, signs any
policy of insurance, certificate of self-insurance, proof of financial
responsibility, evidence of insurance or other document required pursuant
to this chapter;
2. Files or offers for filing any policy of insurance, certificate
of self-insurance, proof of financial responsibility, evidence of
insurance or other document knowing or having reason to believe that it
is forged, altered or signed without authority; or
3. Misrepresents the validity of any policy of insurance,
certificate of self-insurance, proof of financial responsibility,
evidence of insurance or other document required pursuant to this chapter,
Ê is guilty of a misdemeanor.
[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967, 596; 1987, 313;
1995, 2742)
Any person who shall
violate any provision of this chapter for which no penalty is otherwise
provided shall be guilty of a misdemeanor.
[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967, 596)
MISCELLANEOUS PROVISIONS
This chapter shall not apply with
respect to any motor vehicle owned by the United States, this State, or
any political subdivision of this State, or any municipality therein.
[14:127:1949; 1943 NCL § 4439.14]
1. Any person in whose name more than 10 motor vehicles are
registered in the State of Nevada may qualify as a self-insurer by
obtaining a certificate of self-insurance issued by the Department as
provided in subsection 2.
2. The Department may, upon the application of such a person,
issue a certificate of self-insurance when:
(a) It is satisfied that he possesses and will continue to possess
the ability to pay judgments obtained against him; and
(b) The person provides security to satisfy judgments against him
in an amount prescribed by regulation of the Department.
3. The certificate of self-insurance must include:
(a) The name and address of the self-insurer;
(b) The expiration date of the self-insurance; and
(c) The statements:
(1) “Self-insured”; and
(2) “This certificate of self-insurance or a photocopy
thereof must be carried in the motor vehicle which is self-insured for
production on demand.”
4. Upon not less than 5 days’ notice and a hearing pursuant to the
notice, the Department may, upon reasonable grounds, cancel a certificate
of self-insurance. Failure to pay any judgment within 30 days after it
becomes final constitutes a reasonable ground for the cancellation of a
certificate of self-insurance.
5. The Department shall adopt regulations which set forth the
amount of security which must be provided by a self-insurer pursuant to
subsection 2.
[15:127:1949; 1943 NCL § 4439.15]—(NRS A 1961, 149; 1965, 263;
1973, 839; 1977, 657; 1979, 1517; 1993, 2487; 1995, 2743; 1999, 3588
)
Whenever the Department has taken any action or has
failed to take any action under this chapter by reason of having received
erroneous information or by reason of having received no information,
upon receiving correct information within 2 years after the date of the
accident the Department shall take appropriate action to carry out the
purposes of this chapter. The foregoing does not require the Department
to reevaluate the amount of any deposit required under this chapter.
(Added to NRS by 1957, 730; A 1961, 149; 1981, 1865; 1999, 3588
)
1. This chapter shall not prevent the owner of a motor vehicle,
the registration of which has been suspended under this chapter, from
effecting a bona fide sale of such motor vehicle to another person whose
rights or privileges are not suspended under this chapter, nor prevent
the registration of such motor vehicle by such transferee.
2. This chapter shall not in anywise affect the rights of any
conditional vendor, chattel mortgagee or lessor of a motor vehicle
registered in the name of another as owner who becomes subject to the
provisions of this chapter.
[11:127:1949; 1943 NCL § 4439.11]—(Substituted in revision for NRS
485.310)
This chapter shall in no respect be considered as a repeal of the state
motor vehicle laws, but shall be construed as supplemental thereto.
[16:127:1949; 1943 NCL § 4439.16]
This chapter shall not apply
with respect to any accident, or judgment arising therefrom, or violation
of the motor vehicle laws of this State occurring prior to September 1,
1949.
[17:127:1949; 1943 NCL § 4439.17]
Nothing in this
chapter shall be construed as preventing the plaintiff in any action at
law from relying for relief upon the other processes provided by law.
[18:127:1949; 1943 NCL § 4439.18]
This chapter shall be
so interpreted and construed as to effectuate its general purpose to make
uniform the laws of those states which enact it.
[19:127:1949; 1943 NCL § 4439.19]
