[Rev. 2/11/2015 11:16:42 AM--2014R2]
NRS 481.015 Definitions; exceptions.
DEPARTMENT OF MOTOR VEHICLES
NRS 481.019 Creation; powers and duties.
NRS 481.023 Administration of laws by Department; exceptions.
NRS 481.027 General functions of Department of Motor Vehicles and Department of Transportation respecting state highways.
NRS 481.029 Hearing conducted by Department: Manner of taking testimony; where conducted.
NRS 481.031 Office of Director of Department created.
NRS 481.035 Director of Department: Appointment; classification; other employment prohibited; employment of deputies and staff.
NRS 481.047 Appointment of personnel.
NRS 481.0473 Divisions of Department.
NRS 481.0475 Duties of Administrative Services Division.
NRS 481.048 Division of Compliance Enforcement: Appointment and duties of investigators.
NRS 481.0481 Section for Control of Emissions From Vehicles and Enforcement of Matters Related to Use of Special Fuel: Creation; appointment and duties of investigators, officers and technicians.
NRS 481.051 Powers and duties of Director: Generally.
NRS 481.0513 Powers and duties of Director: Agreements for placement of advertisements in certain buildings.
NRS 481.0515 Powers and duties of Director: References to names of persons in documents and records.
NRS 481.052 Powers and duties of Director: Adoption of definitions of certain terms by regulation.
NRS 481.0535 Powers and duties of Director: Expenditure of appropriations to assist certain entities to purchase and obtain evidence; receipt and safekeeping of money.
NRS 481.055 Department to keep main office in Carson City; maintenance of branch offices.
NRS 481.057 Offices of Department: Extended hours of operation.
NRS 481.063 Collection and deposit of fees for publications of Department and private use of files and records of Department; limitations on release and use of files and records; regulations.
NRS 481.065 Acceptance of donations for programs for traffic safety.
NRS 481.079 Money collected to be deposited in Motor Vehicle Fund; exception; dishonored payments; adjustment of deposits.
NRS 481.081 Arrearage in tax, fee or assessment administered by Department: Department authorized to file certificate; certificate as lien; extension of lien.
NRS 481.082 Arrearage in tax, fee or assessment administered by Department: Release or subordination of lien; certificate issued by Department as conclusive evidence.
NRS 481.083 Money for administration of chapter; claims.
NRS 481.087 Administrative expenses deemed cost of administration of operation of motor vehicles on public highways.
NOTE: The section added to chapter 481 by section 2 of chapter 333, Statutes of Nevada 1999, has been codified as NRS 289.600.
1. Except as otherwise provided in this subsection, as used in this title, unless the context otherwise requires, “certificate of title” means the document issued by the Department that identifies the legal owner of a vehicle and contains the information required pursuant to subsection 2 of NRS 482.245. The definition set forth in this subsection does not apply to chapters 488 and 489 of NRS.
2. Except as otherwise provided in chapter 480 of NRS, NRS 484C.600 to 484C.640, inclusive, 486.363 to 486.377, inclusive, and chapters 486A and 488 of NRS, as used in this title, unless the context otherwise requires:
(a) “Department” means the Department of Motor Vehicles.
(b) “Director” means the Director of the Department.
DEPARTMENT OF MOTOR VEHICLES
1. The Department of Motor Vehicles is hereby created.
2. The Department is vested with the powers and authority provided in this chapter and shall carry out the purposes of this chapter.
1. Except as otherwise provided in this section and in the provisions of law described in this section, the Department shall execute, administer and enforce, and perform the functions and duties provided in:
(c) Chapters 481, 482 to 486, inclusive, and 487 of NRS, relating to motor vehicles. The Department shall not execute, administer or enforce, or perform the functions or duties provided in NRS 486.363 to 486.377, inclusive, relating to the education and safety of motorcycle riders.
(d) Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by those carriers.
2. The Department shall perform such other duties and exercise such other powers as may be conferred upon the Department.
NRS 481.027 General functions of Department of Motor Vehicles and Department of Transportation respecting state highways. The Department of Motor Vehicles shall control the manner and type of use of the state highways by the public, and the Department of Transportation shall control the physical aspects of the state highways.
NRS 481.029 Hearing conducted by Department: Manner of taking testimony; where conducted. Notwithstanding any specific statute to the contrary, with regard to any hearing required to be conducted by the Department pursuant to this title:
1. The testimony of any party or witness may be taken by telephone, videoconference or other electronic means; and
2. The hearing may be conducted at any location so long as the hearing officer allows each party and witness to testify by telephone, videoconference or other electronic means.
(Added to NRS by 2009, 68)
1. The Director:
(a) Is appointed by and serves at the pleasure of the Governor;
(b) Must be appointed with special reference to his or her training, experience, capacity and interest in the field of administration or the administering of laws relating to motor vehicles;
(c) Is in the unclassified service of the State; and
(d) Shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
2. The Director may, within the limits of legislative appropriations, employ such deputy directors as may be needed for the administration of the Department. A deputy director:
(a) Must be appointed with special reference to his or her training, experience, capacity and interest in the field of administration or the administering of laws relating to motor vehicles;
(b) Is in the unclassified service of the State;
(c) Except as otherwise provided in NRS 284.143, shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit;
3. The Director may employ, within the limits of legislative appropriations, such administrators, managers, specialists, investigators and staff, who are employed in the classified service of the State, as the Director determines to be necessary to carry out the duties of the Department.
(Added to NRS by 1957, 610; A 1985, 431)
1. A Division of the Office of the Director;
2. A Division of Compliance Enforcement;
3. A Division of Field Services;
4. A Division of Central Services and Records;
5. A Division of Management Services and Programs;
6. A Division of Information Technology;
7. An Administrative Services Division; and
8. A Motor Carrier Division.
NRS 481.0475 Duties of Administrative Services Division. The Administrative Services Division shall furnish fiscal, accounting and other administrative services to the Director and the various divisions, and advise and assist the Director and the various divisions in carrying out their functions and responsibilities.
1. The Director shall appoint, within the limits of legislative appropriations, investigators for the Division of Compliance Enforcement.
2. The duties of the investigators are to travel the State and:
(a) Act as investigators in the enforcement of the provisions of chapters 482, 487 and 490 of NRS, NRS 108.265 to 108.367, inclusive, and 108.440 to 108.500, inclusive, as those sections pertain to motor vehicles, trailers, motorcycles, recreational vehicles and semitrailers, as defined in chapter 482 of NRS, and off-highway vehicles, as defined in NRS 490.060.
(c) Advise and assist personnel of the Nevada Highway Patrol in the enforcement of traffic laws and motor vehicle registration laws as they pertain to any business licensed by the Department.
(e) Exercise their police powers in the enforcement of the laws of this State to prevent acts of fraud or other abuses in connection with the provision of services offered to the public by the Department.
(f) Perform such other duties as may be imposed by the Director.
(Added to NRS by 1963, 1277; A 1971, 2081; 1973, 90, 1072, 1584; 1975, 1198; 1977, 1348; 1979, 1222; 1983, 1241; 1985, 431, 1931; 1993, 2536; 1999, 3571; 2001, 2545; 2007, 3198; 2009, 3077; 2011, 292)
1. There is hereby created within the Department a Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel.
2. The Director shall, within the limits of legislative appropriations, appoint to the Section investigators, officers and technicians for:
(a) The control of emissions from vehicles; and
(b) The enforcement of matters related to the use of special fuel.
3. The duties of the investigators, officers and technicians are to travel the State and:
(b) Cooperate with the Division of Environmental Protection of the State Department of Conservation and Natural Resources in all matters pertaining to the control of emissions from vehicles.
(c) Cooperate and coordinate with the personnel of the Nevada Highway Patrol in all matters pertaining to the enforcement of the provisions of chapter 366 of NRS as those provisions relate to the use of special fuel by motor vehicles.
(d) Perform such other duties as may be imposed by the Director.
4. As used in this section, “special fuel” has the meaning ascribed to it in NRS 366.060.
1. The Director shall direct and supervise all administrative and technical activities of the Department.
2. The Director may organize the Department into various divisions, alter the organization and reassign responsibilities and duties as the Director deems appropriate.
3. The Director shall:
(a) Formulate the policy of the Department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the Department.
(c) Adopt such regulations consistent with law as the Director deems necessary for the operation of the Department and the enforcement of all laws administered by the Department.
4. The Director may appoint vendors to serve as agents of the Department to sell temporary permits. The vendor shall collect the fees for the permits issued pursuant to chapter 706 of NRS and pay them to the Department. The vendor shall guarantee payment by giving a bond in an amount not less than $25,000, executed by the vendor as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada. In lieu of a bond, the vendor may deposit with the State Treasurer a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon approval of the Director. Upon approval of the Governor, the Director may appoint inspectors of the Nevada Transportation Authority and personnel of the Nevada Highway Patrol Division of the Department of Public Safety to serve without remuneration as vendors for the purposes of this subsection.
5. The Director may enter into a contract with a supplier of self-service terminals or kiosks which authorizes the supplier to process through those self-service terminals or kiosks certain transactions pursuant to this chapter and chapters 482, 483 and 485 of NRS that have been designated by the Director and to charge and collect from customers a nonrefundable processing fee for each such transaction. The Director shall adopt regulations to carry out the provisions of this subsection.
6. The Director may delegate to the officers and employees of the Department such authorities and responsibilities not otherwise delegated by law as the Director deems necessary for the efficient conduct of the business of the Department.
1. The Director may enter into an agreement with a person for the placement of advertisements in areas of buildings owned or occupied by the Department that are frequented by the public.
2. A person who enters into an agreement with the Director pursuant to subsection 1 shall ensure that each advertisement placed pursuant to the agreement does not inhibit or disrupt the functioning of the Department.
3. Any money collected by the Department from an agreement entered into pursuant to subsection 1 must be:
(a) Deposited with the State Treasurer for credit to the Motor Vehicle Fund; and
(b) Used to offset the costs of communicating with the public.
4. The Director may adopt regulations to carry out the provisions of this section.
(Added to NRS by 2011, 2679)
1. Except as otherwise provided in subsection 2, the Director shall ensure that whenever a document is required by law to include the name of a person, the document sets forth the full legal name of that person.
2. The provisions of this section do not require the Director to alter, amend or otherwise change any documents that were created before October 1, 2003.
3. The Director may take any action he or she deems reasonable to facilitate achieving uniformity in the manner in which the documents and records of the Department refer to a particular person by name.
4. As used in this section:
(a) “Certificate of registration” means the certificate described in subsection 1 of NRS 482.245.
(b) “Document” means any:
(1) Application or record that a person is required to file with or submit to the Department;
(2) Card, certificate or license that the Department issues to a person; and
(3) Record that the Department is required to keep or maintain.
Ê The term includes, without limitation, a certificate of registration, certificate of title, driver’s license and identification card, and an application or record pertaining to any such certificate, license or card.
(Added to NRS by 2003, 453)
1. The Director may expend money that the Legislature appropriates to assist local law enforcement agencies or the Division of Compliance Enforcement of the Department in the purchase of evidence and in employing persons other than peace officers to obtain that evidence.
2. Upon receiving a written request from the Director, or a designee of the Director, for money appropriated for a purpose specified in subsection 1, the State Controller shall:
(a) Draw a warrant, payable to the Department; or
(b) Electronically transfer money to the appropriate account of the Department,
Ê as appropriate, in an amount which does not exceed any limit set by the Legislature in the appropriation.
3. The Director may keep money drawn pursuant to this section in accounts in one or more banks or credit unions or in cash.
(Added to NRS by 2005, 1239)
1. The Department shall keep its main office at Carson City, Nevada, in rooms provided by the Buildings and Grounds Section of the State Public Works Division of the Department of Administration.
2. The Department may maintain such branch offices throughout the State as the Director may deem necessary to the efficient operation of the Department and the various divisions thereof in space provided by the Buildings and Grounds Section. Any leases or agreements entered into pursuant to this subsection must be executed in accordance with the provisions of NRS 331.110.
NRS 481.057 Offices of Department: Extended hours of operation. In a county whose population is 100,000 or more, the Director may arrange for offices of the Department to remain open on Saturdays and Sundays and at hours other than 8 a.m. to 5 p.m.
1. The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
2. Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the driver’s license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
3. Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:
(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;
(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or
(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
Ê When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.
4. If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:
(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or
(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
5. Except as otherwise provided in subsections 2, 4 and 6 and NRS 483.294, 483.855 and 483.937, the Director shall not release any personal information from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.
6. Except as otherwise provided in paragraph (a) and subsection 7, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:
(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.
(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.
(c) In connection with matters relating to:
(1) The safety of drivers of motor vehicles;
(2) Safety and thefts of motor vehicles;
(3) Emissions from motor vehicles;
(4) Alterations of products related to motor vehicles;
(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;
(6) Monitoring the performance of motor vehicles;
(7) Parts or accessories of motor vehicles;
(8) Dealers of motor vehicles; or
(9) Removal of nonowner records from the original records of motor vehicle manufacturers.
(d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.
(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.
(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.
(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.
(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.
(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.
7. Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:
(a) Each person to whom the information is provided; and
(b) The purpose for which that person will use the information.
Ê The record must be made available for examination by the Department at all reasonable times upon request.
8. Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.
9. Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
10. The Director shall not release any information relating to legal presence or any other information relating to or describing immigration status, nationality or citizenship from a file or record relating to a request for or the issuance of a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws.
11. The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the person’s ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:
(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;
(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;
(c) Understands that a record will be maintained by the Department of any information he or she requests; and
(d) Understands that a violation of the provisions of this section is a criminal offense.
12. It is unlawful for any person to:
(a) Make a false representation to obtain any information from the files or records of the Department.
(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.
13. As used in this section:
(a) “Information relating to legal presence” means information that may reveal whether a person is legally present in the United States, including, without limitation, whether the driver’s license that a person possesses is a driver authorization card, whether the person applied for a driver’s license pursuant to NRS 483.290 or 483.291 and the documentation used to prove name, age and residence that was provided by the person with his or her application for a driver’s license.
(b) “Personal information” means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, individual taxpayer identification number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular accidents or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.
(c) “Vehicle” includes, without limitation, an off-highway vehicle as defined in NRS 490.060.
(Added to NRS by 1957, 611; A 1975, 210; 1979, 1118; 1981, 1590; 1985, 686; 1989, 473; 1993, 2479; 1995, 1926; 1997, 65, 312, 2342; 1999, 1932; 2001, 909; 2003, 454; 2009, 709, 2201, 2273; 2011, 289, 2679; 2013, 1291)
(Added to NRS by 1965, 376)
1. Except as otherwise provided by specific statute, all taxes, license fees and money collected by the Department must be deposited with the State Treasurer to the credit of the Motor Vehicle Fund.
2. If a check or any other method of payment accepted by the Department in payment of such fees is returned to the Department or otherwise dishonored upon presentation for payment:
(a) The drawer or any other person responsible for payment of the fee is subject to a fee in the amount established by the State Controller pursuant to NRS 353C.115 in addition to any other penalties provided by law; and
(b) The Department may require that future payments from the person be made by cashier’s check, money order, traveler’s check or cash.
3. The Department may adjust the amount of a deposit made with the State Treasurer to the credit of the Motor Vehicle Fund for any cash shortage or overage resulting from the collection of fees.
1. If any tax, fee or assessment administered by the Department is not paid when due, the Department may, within 3 years after the date that the tax, fee or assessment was due, file for record a certificate in the office of any county recorder which states:
(a) The amount of the tax, fee or assessment and any interest or penalties due;
(b) The name and address of the person who is liable for the amount due as they appear on the records of the Department; and
(c) That the Department has complied with all procedures required by law for determining the amount due.
2. From the time of the filing of the certificate, the amount due, including interest and penalties, constitutes a lien upon all real and personal property in the county owned by the person or acquired by the person afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the filing of the certificate unless sooner released or otherwise discharged.
3. Within 5 years after the date of the filing of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, as appropriate, the lien may be extended by filing for record a new certificate in the office of the county recorder of any county. From the time of filing, the lien is extended to all real and personal property in the county owned by the person or acquired by the person afterwards for 5 years, unless sooner released or otherwise discharged.
(Added to NRS by 1999, 154)
1. The Department may release all or any portion of the property subject to a lien imposed by the Department pursuant to NRS 481.081 or subordinate the lien to other liens and encumbrances if the Department determines that the amount, interest and penalties are secured sufficiently by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.
2. A certificate issued by the Department stating that property has been released from a lien, or that a lien has been subordinated to other liens and encumbrances, is conclusive evidence that the property has been released, or that the lien has been subordinated.
(Added to NRS by 1999, 154)
1. Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the State Highway Fund or other legislative authorization upon the presentation of budgets in the manner required by law.
2. All money provided for the support of the Department and its various divisions must be paid out on claims approved by the Director in the same manner as other claims against the State are paid.
NRS 481.087 Administrative expenses deemed cost of administration of operation of motor vehicles on public highways. The expenses incurred in the administration of this chapter and in the administration of the powers and duties provided in this chapter shall be deemed to be a cost of administration with respect to the operation of motor vehicles upon the public highways of this State.