USA Statutes : nevada
Title : Title 43 - PUBLIC SAFETY; VEHICLES; WATERCRAFT
Chapter : CHAPTER 490 - OFF-HIGHWAY VEHICLES
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 490.020
to 490.060 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2005, 2025 )
“Authorized dealer”
means a dealer authorized by the Department to issue certificates of
operation for off-highway vehicles pursuant to NRS 490.070 .
(Added to NRS by 2005, 2025 )
“Department” means the
Department of Taxation.
(Supplied in revision)
“Highway” has the meaning ascribed
to it in NRS 482.045 .
(Added to NRS by 2005, 2025 )
“Motor vehicle” has the
meaning ascribed to it in NRS 482.075 .
(Added to NRS by 2005, 2025 )
1. “Off-highway vehicle” means a motor vehicle that is designed
primarily for off-highway and all-terrain use. The term includes, but is
not limited to:
(a) An all-terrain vehicle;
(b) An all-terrain motorcycle;
(c) A dune buggy;
(d) A snowmobile; and
(e) Any motor vehicle used on public lands for the purpose of
recreation.
2. The term does not include:
(a) A motor vehicle designed primarily for use in water;
(b) A motor vehicle that is registered by the Department of Motor
Vehicles; or
(c) A low-speed vehicle as defined in NRS 484.527 .
(Added to NRS by 2005, 2025 )
CERTIFICATES OF OPERATION
1. Upon the request of a dealer of off-highway vehicles, the
Department may authorize the dealer to issue certificates of operation
for off-highway vehicles pursuant to subsection 3.
2. Each certificate of operation for an off-highway vehicle issued
by an authorized dealer must be in the form of a sticker approved by the
Department.
3. An authorized dealer shall:
(a) Upon the sale of an off-highway vehicle, issue to the purchaser
of the off-highway vehicle a certificate of operation for the off-highway
vehicle;
(b) Upon request, issue a certificate of operation to a person who
purchased the off-highway vehicle before January 1, 2006;
(c) Issue a certificate of operation to the owner of an off-highway
vehicle that was purchased outside this State on or after January 1,
2006, if the owner:
(1) Requests the certificate of operation; and
(2) Pays or submits evidence satisfactory to the authorized
dealer that he has paid all taxes applicable in this State to the
purchase of the off-highway vehicle or submits an affidavit indicating
that he purchased the vehicle through a private party sale and no tax is
due relating to the purchase of the off-highway vehicle;
(d) Comply with the regulations adopted pursuant to subsection 6;
and
(e) Bear any cost of equipment which is required to issue
certificates of operation, including any computer software or hardware.
4. An authorized dealer is not entitled to receive compensation
from the Department for the performance of those services.
5. An authorized dealer shall not charge or collect a fee for
issuing a certificate of operation.
6. The Department shall adopt regulations to carry out the
provisions of this section. The regulations must include, without
limitation, provisions for:
(a) The expedient and secure issuance of certificates of operation
by the Department to authorized dealers; and
(b) The revocation of the authorization granted to a dealer
pursuant to subsection 1 if the authorized dealer fails to comply with
the regulations.
(Added to NRS by 2005, 2026 )
1. Except as otherwise provided in subsection 4, a person shall
not operate an off-highway vehicle on a highway pursuant to NRS 490.090
to 490.130 , inclusive, unless he has:
(a) Obtained a certificate of operation for the off-highway
vehicle; and
(b) Attached the certificate to the off-highway vehicle in the
manner specified by the Department.
2. If a certificate of operation for an off-highway vehicle is
lost or destroyed, the owner of the off-highway vehicle may request a new
certificate of operation from an authorized dealer.
3. If the owner of an off-highway vehicle sells or otherwise
transfers ownership of the off-highway vehicle, the certificate of
operation remains valid.
4. A certificate of operation is not required for an off-highway
vehicle which:
(a) Is owned and operated by:
(1) A federal agency;
(2) An agency of this State; or
(3) A county, incorporated city or unincorporated town in
this State;
(b) Is part of the inventory of a dealer of off-highway vehicles;
(c) Is registered or certified in another state and is located in
this State for not more than 90 days;
(d) Is used solely for husbandry on private land or on public land
that is leased to the owner or operator of the off-highway vehicle; or
(e) Is used for work conducted by or at the direction of a public
or private utility.
(Added to NRS by 2005, 2026 )
RULES OF OPERATION
Except as otherwise provided in NRS
490.100 or 490.110 :
1. A person shall not, except as otherwise provided in subsection
2 or 3, operate an off-highway vehicle on a paved highway that is not
otherwise designated for use by off-highway vehicles.
2. A person may operate an off-highway vehicle on a paved highway
that is not otherwise designated for use by off-highway vehicles:
(a) If the off-highway vehicle is operated on the highway for the
purpose of crossing the highway, comes to a complete stop before crossing
and crosses as close as practicable to perpendicular to the direction of
travel on the highway;
(b) If the off-highway vehicle is operated on the highway for the
purpose of loading or unloading the off-highway vehicle onto or off of
another vehicle or trailer, if the loading or unloading is as close as
practicable to the place of operation of the off-highway vehicle;
(c) During an emergency if it is impossible or impracticable to use
another vehicle or if a peace officer directs the operation of the
off-highway vehicle; or
(d) If the off-highway vehicle is operated on a portion of a
highway that is designated as a trail connector for a trail authorized
for use by off-highway vehicles for not more than 2 miles.
3. A person may operate an off-highway vehicle on any public land,
trail, way or unpaved county road unless prohibited by the governmental
entity which has jurisdiction over the public land, trail, way or unpaved
county road.
4. A governmental entity specified in subsection 3 may:
(a) Prepare and distribute upon request a map or other document
setting forth each area of public land, trail, way or unpaved county road
that is prohibited for the operation off-highway vehicles; and
(b) Erect and maintain signs designating each area of public land,
trail, way or unpaved county road that is prohibited for the operation
off-highway vehicles.
(Added to NRS by 2005, 2027 )
1. Except as otherwise provided in subsection 2, a city or county
may designate any portion of a highway within the city or county as
permissible for the operation of off-highway vehicles for the purpose of
allowing off-highway vehicles to reach a private or public area that is
open for use by off-highway vehicles. If a city or county designates any
portion a state highway as permissible for the operation of off-highway
vehicles pursuant to this subsection, the city or county must obtain
approval for the designation from the Department of Transportation. The
Department of Transportation shall issue a timely decision concerning the
request for approval and must not unreasonably deny the request.
2. The highway designated for operation of off-highway vehicles
pursuant to subsection 1 may not consist of any portion of an interstate
highway.
3. If a city or county designates a highway for the operation of
off-highway vehicles, the city or county may adopt an ordinance requiring
a person who is less than 16 years of age and who is operating the
off-highway vehicle on a designated highway to be under the direct visual
supervision of a person who is at least 18 years of age.
4. A person operating an off-highway vehicle on a highway
designated for operation of off-highway vehicles pursuant to subsection 1
may not operate the off-highway vehicle on the highway for any purpose
other than to travel to or from the private or public area as described
in subsection 1.
(Added to NRS by 2005, 2027 )
1. Except as otherwise provided in subsection 2, if an off-highway
vehicle meets the requirements of this chapter and the operator holds a
valid driver’s license and operates the off-highway vehicle in accordance
with the requirements of those sections, the off-highway vehicle may be
operated on a highway in accordance with NRS 490.090 to 490.130 ,
inclusive.
2. An off-highway vehicle may not be operated pursuant to this
section:
(a) On an interstate highway;
(b) On a paved highway in this State for more than 2 miles; or
(c) Unless the highway is specifically designated for use by
off-highway vehicles in a city whose population is 100,000 or more.
(Added to NRS by 2005, 2028 )
In
addition to the requirements set forth in NRS 490.070 , a person shall not operate an off-highway
vehicle on a highway pursuant to NRS 490.090 to 490.130 ,
inclusive, unless the off-highway vehicle has:
1. At least one headlamp that illuminates objects at least 500
feet ahead of the vehicle;
2. At least one tail lamp that is visible from at least 500 feet
behind the vehicle;
3. At least one red reflector on the rear of the vehicle, unless
the tail lamp is red and reflective;
4. A stop lamp on the rear of the vehicle; and
5. A muffler which is in working order and which is in constant
operation when the vehicle is running.
(Added to NRS by 2005, 2028 )
The operator of an off-highway vehicle that is being driven on a highway
in this State in accordance with NRS 490.090 to 490.130 ,
inclusive, shall:
1. Comply with all traffic laws of this State;
2. Ensure that the certificate of operation for the off-highway
vehicle is attached to the vehicle in accordance with NRS 490.080 ; and
3. Wear a helmet.
(Added to NRS by 2005, 2028 )
