[Rev. 3/27/2014 10:11:26 AM]

[NAC-482A Revised Date: 4-14]

CHAPTER 482A - AUTONOMOUS VEHICLES

GENERAL PROVISIONS

482A.010           “Autonomous vehicle” interpreted.

482A.020           Operators.

482A.030           Certificate of compliance to operate vehicle in autonomous mode; operation without physical presence of operator; operator deemed to be driver under certain circumstances.

482A.040           G endorsement on driver’s license required for operation: Application; fee.

482A.050           Registration: Copy of certificate of compliance required; insurance requirements; license plates; no additional fee required.

LICENSE TO TEST AUTONOMOUS TECHNOLOGY

482A.100           “Licensee” defined.

482A.110           License: Application; affirmation; requirements of applicant; fee; insurance; bond; validity; renewal.

482A.120           Certificate identifying authorized geographic locations: Issuance; request to add locations; required to be carried in vehicle at all times and surrendered to peace officer upon demand.

482A.130           Physical presence and duties of persons in vehicle during testing; testing limited to authorized geographic locations; report to Department regarding accidents or citations.

482A.140           Temporary license plates: Application and fee; validity; renewal; exemptions for vehicle registration and other fees.

482A.150           Grounds for disciplinary action.

482A.160           Hearings to consider appeal of disciplinary action.

482A.170           Payment of child support: Required statement; grounds for denial of license; duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

482A.180           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 42 U.S.C. § 666, 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.]

REQUIREMENTS TO SELL VEHICLE

482A.190           Requirements for issuance of certificate of compliance; contents.

LICENSE TO OPERATE AN AUTONOMOUS TECHNOLOGY CERTIFICATION FACILITY

482A.200           “Licensee” defined.

482A.210           Application; fee and bond or deposit of cash required with application; inspection of facility.

482A.220           Issuance of license; contents; separate application required for each facility; duties of licensee; licensee authorized to issue certificates of compliance; validity; renewal.

482A.230           Notice of change of name or location of facility; principal place of business; maintenance and inspection of books and records.

482A.240           Financial information: Department authorized to require disclosure by applicant or licensee; authorized use; confidentiality.

482A.250           Unfitness of applicant.

482A.260           Grounds for disciplinary action.

482A.270           Hearings to consider appeal of disciplinary action.

482A.280           Payment of child support: Required statement; grounds for denial of license; duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

482A.290           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 42 U.S.C. § 666, 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.]

 

 

 

GENERAL PROVISIONS

      NAC 482A.010  “Autonomous vehicle” interpreted. (NRS 482A.100, 482A.200)  As used in NRS 482A.030, the Department will interpret the term “autonomous vehicle” to exclude a vehicle enabled with a safety system or driver assistance system, including, without limitation, a system to provide electronic blind spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane keep assistance, lane departure warnings and traffic jam and queuing assistance, unless the vehicle is also enabled with artificial intelligence and technology that allows the vehicle to carry out all the mechanical operations of driving without the active control or continuous monitoring of a natural person.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.020  Operators. (NRS 482A.100, 482A.200)  For purposes of this chapter, unless the context otherwise requires, a person shall be deemed the operator of an autonomous vehicle which is operated in autonomous mode when the person causes the autonomous vehicle to engage, regardless of whether the person is physically present in the vehicle while it is engaged.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.030  Certificate of compliance to operate vehicle in autonomous mode; operation without physical presence of operator; operator deemed to be driver under certain circumstances. (NRS 482A.100, 482A.200)

     1.  Except as otherwise provided in NAC 482A.110, an autonomous vehicle that has been registered in this State may be operated in autonomous mode in this State only if a certificate of compliance has been issued for the autonomous vehicle pursuant to NAC 482A.190. If the certificate of compliance certifies that the autonomous vehicle is capable of being operated in autonomous mode without the physical presence of the operator in the vehicle, the person may operate the vehicle in this State without being physically present in the autonomous vehicle.

     2.  For the purpose of enforcing the traffic laws and other laws applicable to drivers and motor vehicles operated in this State, the operator of an autonomous vehicle that is operated in autonomous mode shall be deemed the driver of the autonomous vehicle regardless of whether the person is physically present in the autonomous vehicle while it is engaged.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.040  G endorsement on driver’s license required for operation: Application; fee. (NRS 482A.100, 482A.200)

     1.  Except as otherwise provided in NAC 482A.130, a person who holds a driver’s license in this State and wishes to operate an autonomous vehicle in autonomous mode in this State must obtain a G endorsement on his or her driver’s license from the Department pursuant to NAC 483.110 before the person may operate an autonomous vehicle in this State. A person may apply for such an endorsement by submitting an application on a form provided by the Department.

     2.  The application for a driver’s license endorsement to operate an autonomous vehicle in autonomous mode must require the applicant to acknowledge that the operator is subject at all times to the traffic laws and other laws applicable to drivers and motor vehicles operated in this State as provided pursuant to NAC 482A.030.

     3.  The applicant must provide such additional information as the Department deems necessary to determine the competency and eligibility of the person to operate an autonomous vehicle in autonomous mode.

     4.  The application for a driver’s license endorsement to operate an autonomous vehicle in autonomous mode must be accompanied by a fee of $5.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.050  Registration: Copy of certificate of compliance required; insurance requirements; license plates; no additional fee required. (NRS 482A.100)

     1.  Before an autonomous vehicle may be registered in this State, the owner of the autonomous vehicle must submit to the Department, in addition to any other requirement set forth in chapter 482 or 482A of NRS for registering a vehicle, a copy of the certificate of compliance issued by the manufacturer of the vehicle or by a licensed autonomous technology certification facility pursuant to NAC 482A.190.

     2.  A person who submits an application to register an autonomous vehicle in this State must submit proof that the person has obtained the insurance coverage required pursuant to NRS 485.185, and not an operator’s policy of liability insurance pursuant to NRS 485.186.

     3.  Upon registering an autonomous vehicle pursuant to this section, the Department will issue license plates to the owner of the vehicle indicating that the vehicle is an autonomous vehicle. The Department will not charge an additional fee to register an autonomous vehicle.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R027-13, 10-23-2013)

LICENSE TO TEST AUTONOMOUS TECHNOLOGY

      NAC 482A.100  “Licensee” defined. (NRS 482A.100)  As used in NAC 482A.100 to 482A.180, inclusive, unless the context otherwise requires, “licensee” means a person who is licensed to test autonomous vehicles on the highways of this State.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.110  License: Application; affirmation; requirements of applicant; fee; insurance; bond; validity; renewal. (NRS 482A.100)

     1.  A person may apply for a license to test the autonomous technology installed on the autonomous vehicles of the person by submitting an application to the Department on a form provided by the Department. A license issued pursuant to this section authorizes the testing of the autonomous technology installed on the autonomous vehicles of the licensee on the highways of this State even if certificates of compliance have not been issued for the autonomous vehicles pursuant to NAC 482A.190.

     2.  The form provided by the Department must require the applicant to affirm that, to the best of the applicant’s knowledge and belief, each autonomous vehicle to be tested:

     (a) Is safe to operate on the highways of this State.

     (b) Has a separate mechanism in addition to, and separate from, any other mechanism required by law, to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs between the autonomous vehicle and another vehicle, object or natural person while the vehicle is operating in autonomous mode. The autonomous technology sensor data must be captured and stored in a read-only format by the mechanism so that the data is retained until extracted from the mechanism by an external device capable of downloading and storing the data. Such data must be preserved for 3 years after the date of the collision. The provisions of this paragraph do not authorize or require the modification of any other mechanism to record data that is installed on the autonomous vehicle in compliance with federal law.

     (c) Has a switch to engage and disengage the autonomous vehicle that is easily accessible to the operator of the autonomous vehicle and is not likely to distract the operator from focusing on the road while engaging or disengaging the autonomous vehicle.

     (d) Has a system to safely alert the operator of the autonomous vehicle to take control of the autonomous vehicle if a technology failure is detected.

     (e) Is equipped with autonomous technology which does not adversely affect any other safety features of the vehicle which are subject to federal regulation.

     3.  An applicant to operate a business to test autonomous vehicles pursuant to this section must:

     (a) Submit proof to the Department that each autonomous vehicle which will be tested in this State is covered by insurance in an amount that meets or exceeds the minimum requirements for a vehicle registered in this State as set forth in NRS 485.185, and not an operator’s policy of liability insurance as described in NRS 485.186. Any change in the information submitted concerning a policy of insurance pursuant to this section must be reported to the Department within 10 business days after the effective date of the change.

     (b) Submit with the application proof satisfactory to the Department that one or more of the autonomous vehicles of the applicant has been driven by the applicant for a combined minimum of not less than 10,000 miles in autonomous mode. The applicant must further provide proof that such autonomous vehicle or vehicles of the applicant have been driven in various conditions for a number of miles that demonstrates the safety of the vehicle or vehicles in those conditions. Such conditions include, without limitation, operating the autonomous vehicle in various weather conditions, on various types of roads and during various times of the day and night.

     (c) Demonstrate the artificial intelligence and technology used in its autonomous vehicles to the Department for approval.

     (d) Submit the proposed geographic locations where the applicant wishes to test the autonomous vehicles. The applicant must establish to the satisfaction of the Department that the autonomous vehicles of the applicant are capable of being driven in the conditions of the proposed geographic locations in compliance with the traffic laws and other laws applicable to drivers and motor vehicles operated in this State.

     4.  An application to test autonomous vehicles submitted pursuant to this section must be accompanied by a nonrefundable fee of $100 and:

     (a) Proof of insurance or self-insurance acceptable to the Department in the amount prescribed by NRS 482A.060; or

     (b) A surety bond or deposit of cash in lieu of the bond in the amount prescribed by NRS 482A.060.

     5.  The Department may require such additional information, documentation and affirmations as the Department deems necessary or appropriate before approving an application to test autonomous vehicles that is submitted pursuant to this section.

     6.  A license to test autonomous vehicles that is issued by the Department pursuant to this section is valid for 1 year after the date of issuance and may be renewed by submitting an application in the same manner as for the initial license. To avoid a lapse in the license issued pursuant to this section, a licensee wishing to renew his or her license must submit an application for renewal at least 30 days before the date on which the license is set to expire.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R027-13, 10-23-2013)

      NAC 482A.120  Certificate identifying authorized geographic locations: Issuance; request to add locations; required to be carried in vehicle at all times and surrendered to peace officer upon demand. (NRS 482A.100)

     1.  When the Department issues a license pursuant to NAC 482A.110, the Department will issue a certificate to the licensee which identifies the geographic locations where the Department authorizes the licensee to test autonomous vehicles.

     2.  A licensee may submit a request to the Department to add one or more geographic locations where the licensee may test autonomous vehicles after a certificate is issued. To obtain approval for an additional geographic location, the licensee must establish to the satisfaction of the Department that the autonomous vehicles of the licensee are capable of being driven in the conditions of the proposed geographic location in compliance with the traffic laws and other laws applicable to drivers and motor vehicles operated in this State.

     3.  If the Department approves an additional geographic location where a licensee may test autonomous vehicles pursuant to subsection 2, the Department will issue a new certificate to the licensee indicating the geographic locations where the licensee is authorized to test its autonomous vehicles.

     4.  A licensee shall ensure that the certificate provided by the Department pursuant to this section which identifies the geographic locations where the licensee may test autonomous vehicles is carried in the autonomous vehicle at all times that it is being tested. Upon demand of a peace officer, the operator of an autonomous vehicle of a licensee that is being tested must surrender the certificate to the officer.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.130  Physical presence and duties of persons in vehicle during testing; testing limited to authorized geographic locations; report to Department regarding accidents or citations. (NRS 482A.100)

     1.  Unless otherwise approved in advance by the Department, a licensee shall ensure that at least two persons are physically present in an autonomous vehicle at all times that the autonomous vehicle is being tested on a highway in this State, one of whom is the operator and must at all times be seated in a position which allows the person to take complete control of the vehicle, including, without limitation, control of the steering, throttle and brakes.

     2.  The two persons who are required to be physically present in an autonomous vehicle while it is tested on a highway in this State:

     (a) Must each hold a valid driver’s license that has been issued in the state in which the person resides, but are not required to have a driver’s license endorsement to operate the autonomous vehicle as provided in NAC 482A.040;

     (b) Must be trained in the operation of the autonomous vehicle and have received instruction concerning the capabilities and limitations of the autonomous vehicle; and

     (c) Shall each actively monitor for any aberration in the functioning of the autonomous vehicle while it is engaged.

     3.  An autonomous vehicle may only be tested on a highway in this State which is located in a geographic location that the Department has approved for such use for vehicles tested by the licensee and indicated on the certificate issued to the licensee pursuant to NAC 482A.120.

     4.  A licensee shall submit a report to the Department within 10 business days after an autonomous vehicle of the licensee that is tested in this State is involved in an accident during the course of testing or after an operator of such autonomous vehicle is issued a citation for any violation of the traffic laws or other laws applicable to drivers and motor vehicles operated in this State during the course of testing. The report must include a copy of any accident report prepared regarding an accident and any citation issued to the operator or licensee and such additional information as may be required by the Department.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.140  Temporary license plates: Application and fee; validity; renewal; exemptions for vehicle registration and other fees. (NRS 482A.100)

     1.  A licensee must apply for a set of temporary license plates for each autonomous vehicle that will be tested in this State and pay a fee of $12 for each set of license plates issued by the Department.

     2.  A set of temporary license plates issued pursuant to subsection 1 is valid only until the date of the expiration of the license of the licensee and may be renewed in the same manner as the initial application for the temporary license plates.

     3.  A licensee is not required to:

     (a) Register an autonomous vehicle pursuant to chapter 482 of NRS if the vehicle is used in this State only for testing; or

     (b) Pay any other fees set forth in chapter 482 of NRS, except that the licensee must pay the fee set forth in NRS 482.268.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.150  Grounds for disciplinary action. (NRS 482A.100)

     1.  The Department may suspend, revoke or refuse to renew a license to test autonomous vehicles, or may deny a license to an applicant therefore, upon any of the following grounds:

     (a) Conviction of the applicant or licensee of a crime which involves fraud, dishonesty or moral turpitude, or which the Department determines is related to the license in question.

     (b) Willful failure of the applicant or licensee to comply with any of the provisions of chapter 482A of NRS, any of the traffic laws of this State and any regulations adopted pursuant thereto.

     (c) Any material misstatement on the application for the issuance or renewal of a license.

     (d) Failure or refusal of the applicant or licensee to pay or otherwise discharge any final judgment against the licensee arising out of the operation of the business of the licensee.

     (e) If the Department has reasonable cause to believe that any model of autonomous vehicle or artificial intelligence and technology used in an autonomous vehicle of the licensee presents an unsafe condition for operation on the highways of this State.

     2.  The Department may refuse to review a subsequent application for a license to test autonomous vehicles that is submitted by a person who has violated any provision of this chapter or chapter 482A of NRS.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.160  Hearings to consider appeal of disciplinary action. (NRS 482A.100)

     1.  An applicant for a license to test autonomous vehicles or a licensee may, within 30 days after the receipt of the notice of denial, suspension or revocation of, or refusal to renew, the license, petition the Director in writing for a hearing which will be conducted by the Director or an authorized representative thereof.

     2.  Upon filing the petition, a hearing will be held not later than 90 days after the receipt of the request for hearing. The applicant or licensee is entitled to be present at the hearing, testify on his or her own behalf and have such other persons as he or she desires to be present to testify at the hearing. For good cause shown, and upon agreement of all parties, the 90-day period provided for in this subsection may be extended.

     3.  Failure of the applicant or licensee to petition the Director in writing for a hearing within the 30-day period constitutes an automatic denial of the application or suspension or revocation of the license.

     4.  Within 30 days after the hearing, the Director or the authorized representative will make written findings of fact and conclusions of law and may, without limitation:

     (a) Grant or finally deny the application; or

     (b) Suspend or revoke the license.

     5.  For good cause shown, and upon agreement of all parties, the 30-day period provided for in subsection 4 may be extended by the Director or the authorized representative.

     6.  Notwithstanding the provisions of subsections 1 to 5, inclusive, the Department may, if the Director or authorized representative finds that the action is necessary and in the public interest, upon notice to the licensee, temporarily suspend or refuse to renew the license for a period not to exceed 30 days. For good cause shown, the Director or the authorized representative may extend the period of suspension of the license or continue to refuse to renew the license if he or she deems such action to be necessary and in the public interest. In any such case, a hearing must be held and a final decision rendered within 30 days after notice of the temporary suspension.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.170  Payment of child support: Required statement; grounds for denial of license; duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666, 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 482A.100)

     1.  An applicant for the issuance or renewal of a license issued pursuant to the provisions of NAC 482A.100 to 482A.180, 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 will 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 NAC 482A.100 to 482A.180, inclusive, 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 will 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 NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.180  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 42 U.S.C. § 666, 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 482A.100)

     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 the provisions of NAC 482A.100 to 482A.180, inclusive, the Department will 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 will reinstate a license issued pursuant to the provisions of NAC 482A.100 to 482A.180, 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 NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

REQUIREMENTS TO SELL VEHICLE

      NAC 482A.190  Requirements for issuance of certificate of compliance; contents. (NRS 482A.100)

     1.  Before an autonomous vehicle may be offered for sale by a licensed vehicle dealer in this State, a certificate of compliance must be issued for the autonomous technology installed on the autonomous vehicle by:

     (a) The manufacturer of the autonomous vehicle; or

     (b) An autonomous technology certification facility that is licensed pursuant to NAC 482A.220.

     2.  A certificate of compliance issued pursuant to subsection 1 must certify that the autonomous technology installed on the autonomous vehicle:

     (a) Has a separate mechanism in addition to, and separate from, any other mechanism required by law, to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs between the autonomous vehicle and another vehicle, object or natural person while the vehicle is operating in autonomous mode. The autonomous technology sensor data must be captured and stored in a read-only format by the mechanism so that the data is retained until extracted from the mechanism by an external device capable of downloading and storing the data. Such data must be preserved for 3 years after the date of the collision. The provisions of this paragraph do not authorize or require the modification of any other mechanism to record data that is installed on the autonomous vehicle in compliance with federal law.

     (b) Has a switch to engage and disengage the autonomous vehicle that is easily accessible to the operator of the autonomous vehicle and is not likely to distract the operator from focusing on the road while engaging or disengaging the autonomous vehicle.

     (c) Has a visual indicator inside the autonomous vehicle which indicates when the autonomous vehicle is engaged in autonomous mode.

     (d) Has a system to safely alert the operator of the autonomous vehicle if a technology failure is detected while the autonomous vehicle is engaged in autonomous mode, and when such an alert is given, either:

          (1) Requires the operator to take control of the autonomous vehicle; or

          (2) If the operator is unable to take control of or is not physically present in the autonomous vehicle, is equipped with technology to cause the autonomous vehicle to safely move out of traffic and come to a stop. Nothing in this subparagraph shall be construed to authorize or require the modification of a system installed in compliance with the Federal Motor Vehicle Safety Standards and Regulations unless the modification can be performed without adversely affecting the autonomous vehicle’s compliance with the federal standards and regulations.

     (e) Does not adversely affect any other safety features of the autonomous vehicle which are subject to federal regulation.

     (f) Is capable of being operated in compliance with the applicable traffic laws of this State and must indicate whether the autonomous vehicle may be operated with or without the physical presence of an operator.

     (g) If it is necessary for the operator of the autonomous vehicle to be physically present in the autonomous vehicle when it is engaged, allows the operator to take control of the autonomous vehicle in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal and the steering wheel and alerts the operator that the autonomous mode has been disengaged.

     3.  In addition to the requirements set forth in subsection 2, the certificate of compliance must certify that an owner’s manual has been prepared for the autonomous vehicle which describes any limitations and capabilities of the autonomous vehicle, including, without limitation, whether the operator of the autonomous vehicle must be physically present in the autonomous vehicle while the vehicle is engaged in autonomous mode. A licensed vehicle dealer or a licensed autonomous technology certification facility shall ensure that a copy of such a manual is provided to the purchaser of an autonomous vehicle.

     4.  As used in this section, “vehicle dealer” has the meaning ascribed to it in NRS 482.020.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

LICENSE TO OPERATE AN AUTONOMOUS TECHNOLOGY CERTIFICATION FACILITY

      NAC 482A.200  “Licensee” defined. (NRS 482A.100)  As used in NAC 482A.200 to 482A.290, inclusive, unless the context otherwise requires, “licensee” means an operator of an autonomous technology certification facility that has been issued a license pursuant to NAC 482A.220.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.210  Application; fee and bond or deposit of cash required with application; inspection of facility. (NRS 482A.100)

     1.  A person may apply for a license to operate an autonomous technology certification facility by submitting an application to the Department on a form provided by the Department.

     2.  The form provided by the Department must require the applicant to submit such proof as the Department deems necessary or appropriate to demonstrate that the applicant possesses the necessary knowledge and expertise to certify the safety of autonomous vehicles, including, without limitation, whether the autonomous vehicles meet the requirements for the issuance of a certificate of compliance set forth in NAC 482A.190.

     3.  An application for a license to operate an autonomous technology certification facility submitted pursuant to this section must be accompanied by:

     (a) A nonrefundable fee of $300; and

     (b) A surety bond or deposit of cash in lieu of the bond in the amount of $500,000.

     4.  The applicant must identify on the application the location of the facility of the applicant.

     5.  The Department may require the applicant to allow the Department to inspect the autonomous technology certification facility before approving a license to operate the facility. During such an inspection, the Department may require the applicant to demonstrate the manner in which autonomous vehicles will be certified at the facility.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.220  Issuance of license; contents; separate application required for each facility; duties of licensee; licensee authorized to issue certificates of compliance; validity; renewal. (NRS 482A.100)

     1.  Upon approval of an application for the issuance or renewal of a license to operate an autonomous technology certification facility, the Department will issue a license to the operator of the facility.

     2.  A license issued pursuant to this section must include, without limitation, the name of the person licensed to operate the autonomous technology certification facility and the name and address of the facility. A license issued pursuant to this section is valid only as to the operation of an autonomous technology certification facility identified on the application, and a separate application must be submitted for each facility to be operated by the applicant.

     3.  The licensee shall post the license issued pursuant to this section in a conspicuous location in the facility which is clearly visible to the general public.

     4.  The licensee shall ensure that each estimate and invoice issued for services rendered at the facility includes the number of the license to operate the facility.

     5.  After a license is issued to operate an autonomous technology certification facility, a certificate of compliance as described in NAC 482A.190 may be issued at the facility to a manufacturer of an autonomous vehicle or to any other person who wishes to obtain such a certificate for a new or used vehicle with autonomous technology.

     6.  A license to operate an autonomous technology certification facility that is issued by the Department pursuant to this section is valid for 1 year after the date of issuance and may be renewed by submitting an application in the same manner as for the initial license. To avoid a lapse in the license issued pursuant to this section, a licensee wishing to renew his or her license must submit an application for renewal at least 30 days before the date on which the license is set to expire.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.230  Notice of change of name or location of facility; principal place of business; maintenance and inspection of books and records. (NRS 482A.100)

     1.  If a licensee changes the name or location of the autonomous technology certification facility identified on the license, the licensee must notify the Department of the change within 10 business days after the effective date of the change.

     2.  A licensee shall maintain his or her principal place of business in this State and keep his or her books and records related to the certification of autonomous vehicles at his or her principal place of business in this State. A licensee shall allow any authorized agent of the Director to inspect those books and records during usual business hours. The books and records must include, without limitation, the year, make, model and identification number of each autonomous vehicle for which the autonomous technology certification facility has provided a certificate of compliance.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.240  Financial information: Department authorized to require disclosure by applicant or licensee; authorized use; confidentiality. (NRS 482A.100)

     1.  The Department may require an applicant for a license to operate an autonomous technology certification facility or a licensee to submit to the Department authorization for the disclosure to the Department of financial information of the applicant or licensee or of the facility.

     2.  The Department may use any financial information obtained pursuant to this section only to determine the suitability of the applicant or licensee to obtain or maintain a license to operate an autonomous technology certification facility, including, without limitation, whether to issue or renew a license and whether to impose disciplinary action against a licensee.

     3.  Any financial information obtained by the Department pursuant to this section is confidential and may be viewed only by the Director and any employee of the Department responsible for assisting in making a determination concerning the suitability of the applicant as described in subsection 2.

     4.  As used in this section, “financial information” means:

     (a) Any original or copy of a financial statement and any record or document held by a financial institution pertaining to a customer of the financial institution.

     (b) The information contained in such a record or document.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.250  Unfitness of applicant. (NRS 482A.100)  Evidence of the unfitness of an applicant to operate an autonomous technology certification facility or of a licensee includes, without limitation:

     1.  Defrauding or attempting to defraud the State or a political subdivision of the State of any taxes or fees in connection with the sale or transfer of a vehicle.

     2.  Forging the signature of the registered or legal owner of an abandoned vehicle on any document that releases the interest of the owner in the abandoned vehicle.

     3.  Forging the signature of the registered or legal owner of a vehicle on a certificate of title or other document to obtain or transfer ownership in that vehicle.

     4.  Refusing to allow any peace officer or agent of the Department to inspect, during normal business hours, all books, records and files of the operator which are maintained in this State.

     5.  Committing any fraud which includes, without limitation:

     (a) Misrepresenting in any manner, whether intentional or grossly negligent, a material fact.

     (b) Intentionally failing to disclose a material fact.

     6.  Willfully failing to comply with any regulation adopted by the Department.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.260  Grounds for disciplinary action. (NRS 482A.100)

     1.  The Department may suspend, revoke or refuse to renew a license to operate an autonomous technology certification facility, or may deny a license to an applicant therefore, upon any of the following grounds:

     (a) Failure to maintain his or her principal place of business in this State as required pursuant to NAC 482A.230.

     (b) Conviction of the applicant or licensee of a crime which involves fraud, dishonesty or moral turpitude, or which the Department determines is related to the license in question.

     (c) Any material misstatement on the application for the issuance or renewal of a license.

     (d) Willful failure of the applicant or licensee to comply with the provisions of this chapter or chapter 482A of NRS or any of the traffic laws of this State, and any regulations adopted pursuant thereto.

     (e) Failure or refusal by the licensee to pay or otherwise discharge any final judgment against the applicant or licensee arising out of the operation of the autonomous technology certification facility.

     (f) Failure of the applicant or licensee to provide the Department with the authorization to obtain financial records pursuant to NAC 482A.240.

     (g) Commission of any of the acts demonstrating unfitness to operate an autonomous technology certification facility described in NAC 482A.250.

     2.  The Department may refuse to review a subsequent application for a license to operate an autonomous technology certification facility that is submitted by a person who violates any provision of this chapter or chapter 482A of NRS.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.270  Hearings to consider appeal of disciplinary action. (NRS 482A.100)

     1.  An applicant for a license to operate an autonomous technology certification facility or a licensee may, within 30 days after the receipt of the notice of denial or suspension, revocation, or refusal to renew the license, petition the Director in writing for a hearing which will be conducted by the Director or an authorized representative thereof.

     2.  Upon filing the petition, a hearing will be held not later than 90 days after the receipt of the request for hearing. The applicant or licensee is entitled to be present at the hearing, testify on his or her own behalf and have such other persons as he or she desires to be present to testify at the hearing. For good cause shown, and upon agreement of all parties, the 90-day period provided for in this subsection may be extended.

     3.  Failure of the applicant or licensee to petition the Director in writing for a hearing within the 30-day period constitutes an automatic denial of the application or suspension or revocation of the license.

     4.  Within 30 days after the hearing, the Director or the authorized representative will make written findings of fact and conclusions of law and may, without limitation:

     (a) Grant or finally deny the application; or

     (b) Suspend or revoke the license.

     5.  For good cause shown, and upon agreement of all parties, the 30-day period provided for in subsection 4 may be extended by the Director or the authorized representative.

     6.  Notwithstanding the provisions of subsections 1 to 5, inclusive, the Department may, if the Director or authorized representative finds that the action is necessary and in the public interest, upon notice to the licensee, temporarily suspend or refuse to renew the license for a period not to exceed 30 days. For good cause shown, the Director or the authorized representative may extend the period of suspension of the license or continue to refuse to renew the license if he or she deems such action to be necessary and in the public interest. In any such case, a hearing must be held and a final decision rendered within 30 days after notice of the temporary suspension.

     (Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.280  Payment of child support: Required statement; grounds for denial of license; duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666, 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 482A.100)

     1.  An applicant for the issuance or renewal of a license issued pursuant to the provisions of NAC 482A.200 to 482A.290, 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 will 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 NAC 482A.200 to 482A.290, inclusive, 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 will 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 NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)

      NAC 482A.290  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 42 U.S.C. § 666, 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 482A.100)

     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 the provisions of NAC 482A.200 to 482A.290, inclusive, the Department will 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 will reinstate a license issued pursuant to the provisions of NAC 482A.200 to 482A.290, 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 NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012)