[Rev. 11/21/2013 12:11:13 PM--2013]

CHAPTER 487 - REPAIR, REMOVAL AND DISPOSAL OF VEHICLES

GENERAL PROVISIONS

NRS 487.001           Applicability of chapter to mobile homes.

NRS 487.002           Advisory Board on Automotive Affairs: Creation; members; terms; officers; meetings; expenses; duties.

NRS 487.003           Licenses issued pursuant to chapter: Submission of statement by applicant regarding payment of child support; 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 487.005           Suspension of license issued pursuant to chapter 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 487.007           “State agency” defined.

REPORTING OF CERTAIN VEHICLES

NRS 487.010           Report of vehicles stored or parked to sheriff, police or state agency; duties of operator of tow car.

NRS 487.020           Report of vehicle showing damage by gunfire.

NRS 487.030           Penalty for violation of NRS 487.010 or 487.020.

TOWING AND REMOVAL OF CERTAIN VEHICLES

NRS 487.037           Unlawful towing and removal of vehicle from facility for parking; reports to sheriff or police.

NRS 487.038           Authority of owner or person in lawful possession of real property to have towed therefrom vehicle parked in unauthorized manner: Oral notice to local law enforcement agency required; exceptions to authority; residential real property; costs to be borne by owner of vehicle; other rights and remedies.

NRS 487.039           Vehicle towed from facility for parking or at direction of owner or person in lawful possession of real property: Owner of vehicle authorized to file civil action to determine whether towing lawful; limitation; scheduling of hearing; order of court; operator of facility for storage of towed vehicles to display sign.

AUTOMOBILE WRECKERS

Generally; Unlawful Acts; Bonding

NRS 487.047           “Automobile wrecker” and “wrecker” defined.

NRS 487.050           Unlawful to dismantle, scrap, process or wreck vehicle without license; application for 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 487.050           Unlawful to dismantle, scrap, process or wreck vehicle without license; application for license. [Effective on 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 487.060           Bond: Requirement; amount; application for compensation; deposits in lieu of bond.

 

Licensing

NRS 487.070           Issuance and contents of license and card; fee; posting of license; expiration and renewal 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 487.070           Issuance and contents of license and card; fee; posting of license; expiration and renewal of license. [Effective on 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 487.073           Applicant to furnish information concerning place of business.

NRS 487.080           Fee for issuance or renewal of license; disposition.

 

Miscellaneous Provisions

NRS 487.085           Wrecker to affix legible sign containing name of business.

NRS 487.090           Operation of vehicles on highway without registration; conditions.

NRS 487.095           Fees for towing abandoned automobile or vehicle; limitations and exceptions.

NRS 487.100           Wrecker to transmit certificates of title, registration and ownership of certain vehicles to state agency; exceptions.

NRS 487.105           Streamlined procedure for wrecker to process vehicle as parts or scrap metal: Bond required; report to be transmitted to Department; wrecker assumes liability; Department to issue nonrepairable vehicle certificate.

NRS 487.115           Entire salvage vehicles: Wrecker to deliver properly endorsed salvage title upon sale; criteria used to determine whether salvage vehicle is entire salvage vehicle or only part thereof.

 

Violations; Unfitness; Inspection of Records; Penalties

NRS 487.160           Denial, suspension or revocation of licenses or refusal to renew: Grounds; hearings; reapplication; disclosure of financial records.

NRS 487.165           Evidence of unfitness of applicant, registrant or licensee.

NRS 487.170           Automobile wreckers to maintain records of certain vehicles; inspection of records by peace officer or investigator of state agency; required contents of records.

NRS 487.180           Presumption of dismantling.

NRS 487.190           Inapplicability of certain provisions to work or service vehicles owned by wrecker under certain circumstances.

NRS 487.200           Penalty.

ABANDONED VEHICLES

NRS 487.205           Legislative findings and declaration.

NRS 487.210           Definitions.

NRS 487.220           Person responsible for cost of removal and disposition of abandoned vehicle; presumption vehicle abandoned by registered owner; rebuttal of presumption.

NRS 487.230           Certain peace officers, law enforcement officers, investigators and other personnel authorized to remove or cause removal of vehicle abandoned on public property other than public lands; removal of vehicles abandoned on private property; duties of person authorizing removal.

NRS 487.235           Removal of vehicles abandoned on public lands.

NRS 487.240           Appraisal of removed abandoned vehicle.

NRS 487.250           Required notices.

NRS 487.260           Disposition of vehicles appraised at value exceeding $500; disposition of junk vehicles; junk certificates; duties of automobile wreckers; maintenance of certain records.

NRS 487.270           Lien on abandoned vehicle; costs and fees included in lien; satisfaction of lien; transmission of fee to constable under certain circumstances.

NRS 487.281           Unlawful abandonment of vehicle.

NRS 487.290           Unlawful possession of unregistered vehicles unfit for use; exceptions.

NRS 487.300           Penalty.

SALVAGE POOLS

NRS 487.400           Definitions.

NRS 487.410           Unlawful to operate salvage pool without license; application for 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 487.410           Unlawful to operate salvage pool without license; application for license. [Effective on 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 487.420           Bond: Requirement; amount; application for compensation; deposits in lieu of bond.

NRS 487.430           License to operate salvage pool: Application; issuance; contents; posting; expiration; renewal. [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 487.430           License to operate salvage pool: Application; issuance; contents; posting; expiration; renewal. [Effective on 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 487.440           Applicant to furnish information concerning place of business.

NRS 487.450           Fee for issuance or renewal of license to operate salvage pool; disposition.

NRS 487.455           Operator of salvage pool to affix legible sign containing name of business.

NRS 487.460           Operation of vehicles on highway without registration; conditions.

NRS 487.470           Restrictions on purchase and sale of salvage vehicles; registration with operator of salvage pool with whom bid is made for purchase of vehicles required by certain persons; limitations on person issued identifying card described in NRS 487.477.

NRS 487.475           Card authorizing dealer of new or used motor vehicles or rebuilder to bid for purchase of vehicle: Contents; quantity; issuance to salesperson under certain circumstances; fee; expiration; disposition of fees.

NRS 487.477           Identifying card authorizing certain persons to purchase vehicle other than nonrepairable vehicle from operator of salvage pool: Contents; fee; expiration; disposition of fees.

NRS 487.478           Persons prohibited from applying for identifying card described in NRS 487.477.

NRS 487.480           Sale of vehicle as salvage; operator of pool to provide salvage title to purchaser.

NRS 487.490           Denial, suspension or revocation of license to operate salvage pool or refusal to renew: Grounds; hearings; reapplication; disclosure of financial records.

NRS 487.492           License to issue identifying cards: Issuance to person licensed to operate salvage pool; investigation of qualifications of applicant.

NRS 487.493           License to issue identifying cards: Qualifications of applicant.

NRS 487.494           License to issue identifying cards: Bond; deposit in lieu of bond.

NRS 487.495           License to issue identifying cards: Application; fee; issuance; expiration; renewal.

NRS 487.496           Course of training required for certain employees of person licensed to issue identifying cards.

NRS 487.497           Records of person licensed to issue identifying cards: Maintenance; contents; inspection; audit; location.

NRS 487.500           Records required; inspection.

NRS 487.505           Regulations.

NRS 487.510           Penalty.

STANDARDS: REPAIRS; REBUILDING; SAFETY EQUIPMENT

NRS 487.520           Repair and rebuilding of vehicle to comply with industry standards; repair or replacement of airbags and other safety equipment; retention of written records.

GARAGES, GARAGE OPERATORS AND BODY SHOPS

General Provisions

NRS 487.530           Definitions.

NRS 487.532           “Body shop” defined.

NRS 487.540           “Garage” defined.

NRS 487.545           “Garage operator” defined.

NRS 487.550           “Motor vehicle” defined.

NRS 487.553           “Person authorizing repairs” defined.

NRS 487.555           Applicability.

NRS 487.557           Submission of annual report by Director to Legislature concerning garages, garage operators and body shops.

 

Garages and Garage Operators

NRS 487.560           Registration for authorization to operate garage: Application; fee; waiver of fee; deposit of collected fees; applicant to notify Department of material change in information.

NRS 487.563           Registration for authorization to operate garage: Filing of bond or deposit of money or securities in lieu of bond; disbursal or release of deposit under certain circumstances; revocation of or refusal to renew certificate for failure to perform certain acts; reinstatement.

NRS 487.564           Registration for authorization to operate garage: Refusal to issue, suspension or revocation of, or refusal to renew; grounds; certain persons prohibited from employment by or affiliation with garage subject to registration.

NRS 487.565           Certificate of registration to operate garage: Issuance; contents; validity; renewal.

NRS 487.5653         Certificate of registration to operate garage: Temporary suspension of or refusal to renew; notice and hearing.

NRS 487.5657         Hearings: Issuance of subpoenas.

NRS 487.567           Garage operator prohibited from enforcing lien or suing on contract for cost of repairs if garage operator fails to obtain or renew certificate of registration to operate garage or fails to maintain required bond.

 

Body Shops

NRS 487.600           Definitions.

NRS 487.604           “Class A certificate” defined.

NRS 487.606           “Class A certification” defined.

NRS 487.608           “Garagekeepers’ insurance” defined.

NRS 487.610           Unlawful to operate body shop without license; investigation of applicant.

NRS 487.615           Licensed operator of body shop may operate or move unregistered vehicle on highways under certain conditions.

NRS 487.620           Operator of body shop to maintain established place of business and affix legible sign containing name of business.

NRS 487.630           License: Application; fee; issuance; contents; posting; inclusion of license number in certain documents; expiration; renewal. [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 487.630           License: Application; fee; issuance; contents; posting; inclusion of license number in certain documents; expiration; renewal. [Effective on 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 487.640           Bond: Requirement; amount; application for compensation; deposits in lieu of bond.

NRS 487.650           Denial, suspension or revocation of license or refusal to renew: Grounds; disclosure of financial records.

NRS 487.652           Class A certification: Eligibility.

NRS 487.654           Class A certification: Regulations.

NRS 487.656           Class A certification: Application; inspection; fee; issuance and renewal; contents of certificate; expiration.

NRS 487.660           Temporary suspension of or refusal to renew license or Class A certificate; notice; hearing; regulations; automatic revocation of Class A certificate under certain circumstances.

NRS 487.670           Subpoenas.

NRS 487.680           Licensee to inform Department of changes concerning operation of body shop; books and records.

NRS 487.685           On-line survey: Completion by body shop; form; contents; availability to public.

NRS 487.686           On-line survey: Compilation of results; contents of report; availability to public.

NRS 487.687           Verification of licensure by way of Internet.

 

Storage of Vehicles

NRS 487.68701       Imposition of reasonable charge authorized; exceptions; hearing regarding relief from limitation on charge.

NRS 487.68703       Duties of body shop if motor vehicle towed at request of someone other than owner.

 

Automotive Repairs

NRS 487.6871         Display of sign by garage operator and body shop required; penalty.

NRS 487.6873         Duties of body shop or garage operator on acceptance of vehicle for repair.

NRS 487.6874         Duty of body shop or garage operator to inform certain persons of types of payment accepted.

NRS 487.6875         Estimate of costs required for certain repairs.

NRS 487.6877         Notice of additional charges over estimate required in certain cases.

NRS 487.6879         Waiver of estimate of costs or notice of additional charges; execution of waiver.

NRS 487.688           Body shop or garage to repair vehicle in accordance with manufacturer’s specifications and written estimate or statement of cost of repairs.

NRS 487.6881         Duties of owner and insurer upon notification of additional charges.

NRS 487.6883         Replaced parts to be delivered to person authorizing repairs if requested; exception.

NRS 487.6885         Records to be retained by body shop or garage operator.

NRS 487.6887         Garage operator to comply with NRS 487.6875 to 487.6893, inclusive; enforcement of liens and contracts.

NRS 487.6889         Certain acts deemed to be deceptive trade practice.

NRS 487.689           Director authorized to request undercover investigation of alleged deceptive trade practice; Bureau of Consumer Protection authorized to conduct such investigation.

NRS 487.6891         Administrative fine for engaging in deceptive trade practice; deposit and use of money collected as administrative fine.

NRS 487.6893         Statement of charges required for repair and storage of vehicle; violation constitutes misdemeanor; statement required for enforcement of lien.

NRS 487.6895         Violations: Injunctive relief.

NRS 487.6897         Violations: Civil penalty.

 

Unlawful Acts; Penalty

NRS 487.690           Penalty.

REPAIRS; REBUILT VEHICLES; SALVAGE VEHICLES; TOTAL LOSS VEHICLES; NONREPAIRABLE VEHICLES

NRS 487.710           Definitions.

NRS 487.720           “Cost of repair” defined.

NRS 487.725           “Electronic components” defined.

NRS 487.730           “Fair market value” defined.

NRS 487.740           “Flood-damaged vehicle” defined.

NRS 487.750           “Motor vehicle” defined.

NRS 487.760           “Nonrepairable vehicle” defined.

NRS 487.765           “Rebuilt vehicle” defined.

NRS 487.770           “Salvage vehicle” defined.

NRS 487.780           “Title” defined.

NRS 487.790           “Total loss vehicle” defined.

NRS 487.795           Rebuilt vehicles: Prerequisites to registration; certificate of inspection.

NRS 487.800           Salvage vehicles: Duties of insurance company and relinquishing owner; application for salvage title; sale of vehicle; rebuilt and restored vehicles; retention; exclusion of nonrepairable vehicles.

NRS 487.810           Salvage title: Issuance by state agency; contents; persons and entities to whom issued; documents required to be submitted with application; fee; title as prerequisite to transfer of ownership interest; certain authorities not conveyed by title; not to be issued for nonrepairable vehicle.

NRS 487.820           Salvage title: Procedure for acceptance of application if applicant unable to furnish certificates of title and registration; exception; prohibition on issuance of duplicate certificates of title or registration.

NRS 487.825           Revolving Account for the Issuance of Salvage Titles: Creation; use of money; transfer of excess balance to State Highway Fund.

NRS 487.830           Transfer of interest in motor vehicle: Transferor to disclose in writing information as to status of vehicle as salvage, rebuilt or reconstructed; additional duties of transferor; criminal penalty.

NRS 487.840           Title: Removal or concealment of indicia of salvage vehicle or rebuilt vehicle prohibited; criminal penalties if violation committed with intent to defraud; restitution.

NRS 487.850           Action for damages; attorney’s fees; remedy is in addition to other legal or equitable remedies.

NRS 487.860           Inspection required before registration of vehicle for which salvage title was issued; exclusion of nonrepairable vehicles; certificate of inspection.

NRS 487.870           Removal of total loss salvage vehicle from State; penalty.

NRS 487.880           Nonrepairable vehicles: Requirements; prohibited acts.

NRS 487.890           Estimate of cost of repair of motor vehicle pursuant to NRS 487.800: Calculation; exclusion of certain costs.

PENALTIES

NRS 487.990           Administrative fines; opportunity for hearing; deposit of fines collected; delegation of authority to impose and collect fines; injunctions and other remedies; enforcement proceedings.

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GENERAL PROVISIONS

      NRS 487.001  Applicability of chapter to mobile homes.

      1.  The provisions of this chapter, except NRS 487.290, apply to mobile homes although not licensed or registered.

      2.  As used in this section, “mobile home” means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. The term does not include a recreational park trailer as defined in NRS 482.1005.

      (Added to NRS by 1975, 332; A 1977, 235; 2001, 1726; 2007, 3406)

      NRS 487.002  Advisory Board on Automotive Affairs: Creation; members; terms; officers; meetings; expenses; duties.

      1.  The Advisory Board on Automotive Affairs, consisting of 10 members appointed by the Governor, is hereby created within the Department.

      2.  The Governor shall appoint to the Board:

      (a) One representative of the Department;

      (b) One representative of licensed operators of body shops;

      (c) One representative of licensed automobile wreckers;

      (d) One representative of registered garage operators;

      (e) One representative of licensed operators of salvage pools;

      (f) One representative of licensed operators of authorized emissions stations;

      (g) One representative of licensed insurers of motor vehicles;

      (h) One representative of licensed new or used motor vehicle dealers; and

      (i) Two representatives of the general public, at least one of whom must be a resident of a county whose population is less than 55,000. A member appointed pursuant to this paragraph must not be:

             (1) A holder of a license or registration identified in paragraphs (b) to (h), inclusive; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a holder of such a license or registration.

      3.  Each member appointed must, at the time of his or her appointment, have been a resident of this State for at least 5 years immediately preceding the appointment. Each member who is appointed to represent a business or industry specified in paragraphs (b) to (h), inclusive, of subsection 2, must, at the time of his or her appointment:

      (a) Hold a license or registration to engage in the business or industry that the member is appointed to represent; and

      (b) Have been actively engaged in the business or industry that the member is appointed to represent for at least 3 of the 5 years immediately preceding the appointment.

      4.  After the initial terms, each member of the Board serves a term of 4 years. The members of the Board shall annually elect from among their number a Chair and a Vice Chair. The Chair is not entitled to a vote except to break a tie. The Department shall provide secretarial services for the Board.

      5.  The Board shall meet regularly at least twice each year and may meet at other times upon the call of the Chair or a majority of the members of the Board. Six members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board. Each member of the Board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally while attending meetings of the Board.

      6.  The Board shall:

      (a) Study the regulation of garage operators, automobile wreckers, operators of body shops, operators of salvage pools, operators of authorized emissions stations and new and used motor vehicle dealers, including, without limitation, the registration or licensure of such persons and the methods of disciplinary action against such persons;

      (b) Analyze and advise the Department relating to any consumer complaints received by the Department concerning garage operators, automobile wreckers, operators of body shops, operators of salvage pools, operators of authorized emissions stations and new and used motor vehicle dealers;

      (c) Make recommendations to the Department for any necessary regulations or proposed legislation pertaining to paragraph (a) or (b); and

      (d) Perform any other duty assigned by the Department.

      7.  As used in this section, “authorized emissions stations” means stations licensed by the Department pursuant to NRS 445B.775 to inspect, repair, adjust or install devices for the control of emissions of motor vehicles.

      (Added to NRS by 1989, 2042; A 1991, 1612; 1993, 1644; 2001, 2552; 2005, 926; 2009, 2533, 2704; 2011, 1818; 2013, 1626)

      NRS 487.003  Licenses issued pursuant to chapter: Submission of statement by applicant regarding payment of child support; 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.]

      1.  An applicant for the issuance or renewal of a license issued pursuant to this chapter shall submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Department shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Department.

      3.  A license may not be issued or renewed by the Department pursuant to this chapter if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2078)

      NRS 487.005  Suspension of license issued pursuant to chapter 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.]

      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 this chapter, the Department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Department shall reinstate a license issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2079)

      NRS 487.007  “State agency” defined.  As used in this chapter, the term “state agency” means:

      1.  The Manufactured Housing Division of the Department of Business and Industry with regard to mobile homes and commercial coaches.

      2.  The Department of Motor Vehicles with regard to all other vehicles subject to registration under the laws of this State.

      (Added to NRS by 1979, 1228; A 1985, 1960; 1993, 1644; 2001, 2553)

REPORTING OF CERTAIN VEHICLES

      NRS 487.010  Report of vehicles stored or parked to sheriff, police or state agency; duties of operator of tow car.

      1.  Every keeper of a garage, parking area or trailer park who provides storage or parking for vehicles subject to registration under the laws of this State shall report the presence of vehicles to the persons set forth in subsection 3 as follows:

      (a) If there is reason to believe that the vehicle is stolen, abandoned or secreted, within 24 hours after storage or parking begins.

      (b) If there is reason to believe that the vehicle has been stored without the knowledge or consent of the registered owner, within 5 days after storage or parking begins.

      (c) In any event within 30 days after storage or parking begins, even though notice may have previously been given under the provisions of paragraphs (a) and (b).

      2.  The notice must be given on forms provided by the state agency and include the vehicle registration plate number, the vehicle identification number and such other information as may be available which will aid in identifying the registered and the legal owner of the vehicle.

      3.  Notice must be given in person or by mail to:

      (a) The sheriff of the county in which the vehicle is stored;

      (b) If the vehicle is stored in a city, the chief of police of the city; or

      (c) The state agency.

      4.  The notice required by this section must be given to the state agency if the vehicle has not been stored at the direction of either the sheriff of the county or, in the case of a city, the chief of police of the city in which the vehicle is stored.

      5.  The operator of the tow car shall within 15 days after storage begins:

      (a) If the vehicle is registered in this State, notify the legal owner and any holder of a security interest who appears of record.

      (b) If the vehicle is registered in another state, request from the appropriate agency of that state the name and address of the legal owner and holder of a security interest. If the names and addresses are obtained, the operator of the tow car shall notify each of the persons.

Ê The state agency may utilize local law enforcement agencies of this State to obtain the necessary information for the operator of the tow car.

      6.  Failure to comply with the provisions of subsections 1, 2 and 3 renders any lien for storage beyond 24 hours, 5 days or 30 days, respectively, void.

      [1:227:1919; A 1953, 95]—(NRS A 1957, 630; 1961, 71; 1965, 127; 1967, 405; 1971, 836; 1973, 213, 1111; 1979, 1228; 1983, 1097; 1985, 302)

      NRS 487.020  Report of vehicle showing damage by gunfire.  Whenever a vehicle of a type subject to registration under the laws of this State has been offered for repair to any person or garage and the damage to the vehicle indicates that such damage is the result of gunfire, the person to whom the vehicle was offered for repair shall immediately report the vehicle and condition to the sheriff’s office of the county, or the police department of the city, wherein such garage or person is located.

      [2:227:1919; A 1953, 95]

      NRS 487.030  Penalty for violation of NRS 487.010 or 487.020.  Any person who violates any of the provisions of NRS 487.010 and 487.020 is guilty of a misdemeanor.

      [3:227:1919; 1919 RL p. 3376; NCL § 10548]

TOWING AND REMOVAL OF CERTAIN VEHICLES

      NRS 487.037  Unlawful towing and removal of vehicle from facility for parking; reports to sheriff or police.

      1.  It is unlawful for a person engaged in the operation of off-street parking facilities to:

      (a) Tow or remove or authorize the towing and removal of any vehicle within 24 hours of the expiration of the period for which a particular fee is paid. This paragraph does not affect or limit any parking lot operator from charging parking fees in accordance with a posted schedule for the additional time the vehicle is parked.

      (b) Tow or remove or authorize the towing and removal of any vehicle when such parking facilities are held open for public use and there was no attendant on duty or other facilities permitting the patron to pay or remit the parking charges at the time such vehicle was first parked. This paragraph does not affect or limit any parking lot operator from charging parking fees in accordance with a posted schedule for the time the vehicle is parked.

      (c) Tow or remove or authorize the towing and removal of any vehicle when the parking facilities are held open to the public and there is a device provided for payment of parking fees but the device does not dispense a ticket or time-dated slip. This paragraph does not apply to parking lots that are owned and operated by a governmental entity.

      2.  Notwithstanding the provisions of subsection 1, a person operating off-street parking facilities may authorize the towing or removing of, may tow or may remove any vehicle parked where the facilities provided the opportunity to take or purchase a ticket or time slip, and no ticket or time slip was purchased.

      3.  Any person that tows a vehicle without the knowledge of the registered owner thereof shall immediately report the towing by oral communication to the police department of the city or to the sheriff’s office of the county where the towing is done. The oral communication must include the time of the towing and the location from which and to which the vehicle has been towed.

      (Added to NRS by 1971, 771; A 1989, 1054)

      NRS 487.038  Authority of owner or person in lawful possession of real property to have towed therefrom vehicle parked in unauthorized manner: Oral notice to local law enforcement agency required; exceptions to authority; residential real property; costs to be borne by owner of vehicle; other rights and remedies.

      1.  Except as otherwise provided in subsections 3 and 4, the owner or person in lawful possession of any real property may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Nevada Transportation Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard if:

      (a) A sign is displayed in plain view on the property declaring public parking to be prohibited or restricted in a certain manner; and

      (b) The sign shows the telephone number of the police department or sheriff’s office.

      2.  Oral notice must be given to the police department or sheriff’s office, whichever is appropriate, indicating:

      (a) The time the vehicle was removed;

      (b) The location from which the vehicle was removed; and

      (c) The location to which the vehicle was taken.

      3.  Any vehicle which is parked in a space designated for persons with disabilities and is not properly marked for such parking may be removed if notice is given to the police department or sheriff’s office pursuant to subsection 2, whether or not a sign is displayed pursuant to subsection 1.

      4.  The owner or person in lawful possession of residential real property upon which a single-family dwelling is located may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Nevada Transportation Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard, whether or not a sign is displayed pursuant to subsection 1.

      5.  All costs incurred under the provisions of this section for towing and storage must be borne by the owner of the vehicle, as that term is defined in NRS 484A.150.

      6.  The provisions of this section do not limit or affect any rights or remedies which the owner or person in lawful possession of real property may have by virtue of other provisions of the law authorizing the removal of a vehicle parked on that property.

      (Added to NRS by 1973, 1110; A 1981, 985; 1995, 1607; 1997, 2009)

      NRS 487.039  Vehicle towed from facility for parking or at direction of owner or person in lawful possession of real property: Owner of vehicle authorized to file civil action to determine whether towing lawful; limitation; scheduling of hearing; order of court; operator of facility for storage of towed vehicles to display sign.

      1.  If a vehicle is towed pursuant to NRS 487.037 or 487.038 and the owner of the vehicle believes that the vehicle was unlawfully towed, the owner of the vehicle may file a civil action pursuant to paragraph (b) of subsection 1 of NRS 4.370 in the justice court of the township where the property from which the vehicle was towed is located, on a form provided by the court, to determine whether the towing of the vehicle was lawful.

      2.  An action may be filed pursuant to this section only if the cost of towing and storing the vehicle does not exceed $10,000.

      3.  Upon the filing of a civil action pursuant to subsection 1, the court shall schedule a date for a hearing. The hearing must be held not later than 4 working days after the action is filed. The court shall affix the date of the hearing to the form and order a copy served by the sheriff, constable or other process server upon the owner or person in lawful possession of the property who authorized the towing of the vehicle.

      4.  The court shall:

      (a) If it determines that the vehicle was:

             (1) Lawfully towed, order the owner of the vehicle to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner upon payment of that cost; or

             (2) Unlawfully towed, order the owner or person in lawful possession of the property who authorized the towing to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner immediately; and

      (b) Determine the actual cost incurred in towing and storing the vehicle.

      5.  The operator of any facility or other location where vehicles which are towed are stored shall display conspicuously at that facility or location a sign which sets forth the provisions of this section.

      (Added to NRS by 1995, 1606; A 2003, 852; 2007, 1134)

AUTOMOBILE WRECKERS

Generally; Unlawful Acts; Bonding

      NRS 487.047  “Automobile wrecker” and “wrecker” defined.  As used in NRS 487.047 to 487.200, inclusive, unless the context otherwise requires, “automobile wrecker” or “wrecker” means a person who obtains a license to dismantle, scrap, process or wreck any vehicle, including, without limitation, wrecked, salvage, nonrepairable, abandoned and junk vehicles, which includes, without limitation, removing or selling an individual part or parts of such a vehicle or crushing, shredding or dismantling such a vehicle to be disposed of as scrap metal.

      (Added to NRS by 2007, 3223, 3405)

      NRS 487.050  Unlawful to dismantle, scrap, process or wreck vehicle without license; application for 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.]

      1.  It is unlawful for any person to dismantle, scrap, process or wreck any vehicle without first applying for and obtaining a license for that operation from the Department.

      2.  An application for a license must be made on a form provided by the Department, include the social security number of the applicant and be accompanied by such proof as the Department may require that the applicant:

      (a) Is a bona fide automobile wrecker; and

      (b) Owns or leases a place of business which meets the requirements of NRS 487.073.

      (Added to NRS by 1963, 838; A 1969, 1086; 1987, 1600; 1995, 1574; 1997, 2079)

      NRS 487.050  Unlawful to dismantle, scrap, process or wreck vehicle without license; application for license. [Effective on 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.]

      1.  It is unlawful for any person to dismantle, scrap, process or wreck any vehicle without first applying for and obtaining a license for that operation from the Department.

      2.  An application for a license must be made on a form provided by the Department and accompanied by such proof as the Department may require that the applicant:

      (a) Is a bona fide automobile wrecker; and

      (b) Owns or leases a place of business which meets the requirements of NRS 487.073.

      (Added to NRS by 1963, 838; A 1969, 1086; 1987, 1600; 1995, 1574; 1997, 2079, effective on 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 487.060  Bond: Requirement; amount; application for compensation; deposits in lieu of bond.

      1.  No license may be issued to an automobile wrecker until the automobile wrecker has procured and filed with the Department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant conducts business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of NRS 487.047 to 487.200, inclusive, or 487.710 to 487.890, inclusive. The Department may, by agreement with any automobile wrecker who has been licensed for 5 years or more by the Department or a department of motor vehicles in another state, reduce the amount of the bond of the wrecker, if the business of that wrecker has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000. The Department shall make the necessary investigation to determine whether a wrecker licensed in another state has conducted its business satisfactorily.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of NRS 487.047 to 487.200, inclusive, or 487.710 to 487.890, inclusive, may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an automobile wrecker may deposit with the Department, under the terms prescribed by the Department:

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or

      (b) A savings certificate of a bank, credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person in whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he or she is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the Department pursuant to subsection 4 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      (Added to NRS by 1963, 838; A 1967, 745; 1977, 646; 1983, 143; 1987, 1601; 1991, 525; 1993, 2344; 1999, 1502; 2003, 1912)

Licensing

      NRS 487.070  Issuance and contents of license and card; fee; posting of license; expiration and renewal 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.]

      1.  The Department may approve or reject the application. If the Department receives the statement required pursuant to NRS 487.003 and approves the application, it shall issue to the applicant:

      (a) A license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      (b) A card which:

             (1) Contains the information specified in paragraph (a);

             (2) Includes a picture of the licensee; and

             (3) Clearly identifies the holder of the card as a licensed automobile wrecker.

      2.  A licensee may obtain one or two cards for his or her business. The Department shall charge a fee of $50 for each card issued. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      3.  A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      4.  A license expires on April 30 of each year.

      5.  A licensee may renew the license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department;

      (b) The statement required pursuant to NRS 487.003; and

      (c) The fee for renewal of a license provided in NRS 487.080.

      (Added to NRS by 1963, 839; A 1987, 1602; 1989, 2023; 1991, 1777; 1997, 145, 1372, 1376, 1516, 2080; 2007, 1231)

      NRS 487.070  Issuance and contents of license and card; fee; posting of license; expiration and renewal of license. [Effective on 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.]

      1.  The Department may approve or reject the application and, if approved, shall issue to the applicant:

      (a) A license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      (b) A card which:

             (1) Contains the information specified in paragraph (a);

             (2) Includes a picture of the licensee; and

             (3) Clearly identifies the holder of the card as a licensed automobile wrecker.

      2.  A licensee may obtain one or two cards for his or her business. The Department shall charge a fee of $50 for each card issued. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      3.  A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      4.  A license expires on April 30 of each year.

      5.  A licensee may renew the license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department; and

      (b) The fee for renewal of a license provided in NRS 487.080.

      (Added to NRS by 1963, 839; A 1987, 1602; 1989, 2023; 1991, 1777; 1997, 145, 1372, 1376, 1516, 2080; 1999, 457; 2007, 1231, effective on 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 487.073  Applicant to furnish information concerning place of business.  Before issuing a license to an automobile wrecker, the Department shall require the applicant to furnish proof that:

      1.  The applicant will conduct business from a permanent enclosed building which the applicant owns or has leased;

      2.  The business will be located on at least one-half of an acre of ground; and

      3.  The site for the business will be surrounded by a screened fence at least 6 feet high.

      (Added to NRS by 1987, 1600)

      NRS 487.080  Fee for issuance or renewal of license; disposition.

      1.  The fee for issuance or renewal of an automobile wrecker’s license is $300.

      2.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      (Added to NRS by 1963, 839; A 1975, 212; 1987, 1602; 1989, 2023; 1991, 1778; 1997, 1372; 2007, 1232)

Miscellaneous Provisions

      NRS 487.085  Wrecker to affix legible sign containing name of business.  At each of his or her established places of business, an automobile wrecker shall permanently affix a sign containing the name of the business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway, except that the lettering must be at least 8 inches high and formed by lines that are at least 1-inch wide.

      (Added to NRS by 1997, 1515)

      NRS 487.090  Operation of vehicles on highway without registration; conditions.  Any licensed automobile wrecker owning or controlling any vehicle of a type required to be registered under the laws of this State may operate or move such a vehicle upon the highways without subjecting the vehicle to registration if such operation or movement is for the sole purpose of moving the vehicle from its location to the established place of business of the licensee. A licensed automobile wrecker may obtain license plates from the Department for the movement of such vehicles.

      (Added to NRS by 1963, 839; A 1987, 1602)

      NRS 487.095  Fees for towing abandoned automobile or vehicle; limitations and exceptions.

      1.  Except as otherwise provided in subsection 2:

      (a) An automobile wrecker may only charge and collect those fees for towing an abandoned automobile as are prescribed by regulations of the Department.

      (b) An automobile wrecker shall not charge a fee to tow an abandoned vehicle if the automobile wrecker does not obtain the consent of the owner of the property to tow the vehicle.

      2.  When an automobile wrecker removes an abandoned vehicle from public property at the request of a constable as provided in NRS 487.230, the automobile wrecker shall:

      (a) If the owner of the abandoned vehicle can be identified and if the automobile wrecker is able to collect from the owner the fee described in paragraph (d) of subsection 2 of NRS 258.125, transmit that fee to the constable; or

      (b) If the owner of the abandoned vehicle cannot be identified or if the automobile wrecker is otherwise unable to collect from the owner the fee described in paragraph (d) of subsection 2 of NRS 258.125, transmit that fee to the constable only if the automobile wrecker is able to satisfy his or her own lien, as provided in NRS 487.270.

      (Added to NRS by 1987, 1600; A 2007, 105)

      NRS 487.100  Wrecker to transmit certificates of title, registration and ownership of certain vehicles to state agency; exceptions.

      1.  Except as otherwise provided in subsections 2 and 3, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool any vehicle subject to registration pursuant to the laws of this State shall forward to the Department the certificates of title and registration last issued therefor.

      2.  The certificate of ownership last issued for a mobile home or commercial coach must be sent by the wrecker to the Manufactured Housing Division of the Department of Business and Industry.

      3.  An automobile wrecker is not required to:

      (a) Provide the Department with a certificate of title, salvage title or a nonrepairable vehicle certificate and certificate of registration last issued; or

      (b) Obtain from the Department a certificate of title, salvage title, nonrepairable vehicle certificate or certificate of registration,

Ê for a motor vehicle that is to be processed as parts or scrap metal by the automobile wrecker pursuant to NRS 487.105.

      (Added to NRS by 1963, 839; A 1979, 1229; 1987, 1603; 1995, 336; 1999, 1920; 2003, 471, 1913; 2011, 1659)

      NRS 487.105  Streamlined procedure for wrecker to process vehicle as parts or scrap metal: Bond required; report to be transmitted to Department; wrecker assumes liability; Department to issue nonrepairable vehicle certificate.

      1.  If a licensed automobile wrecker, in addition to any other bond required by NRS 487.047 to 487.200, inclusive, procures and files with the Department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant conducts his or her relevant activities in accordance with the provisions of this section, the wrecker may use the procedure set forth in this section to process a motor vehicle as parts or scrap metal. The additional bond described in this subsection may cover more than one location at which the licensed automobile wrecker does business, if the wrecker holds an ownership interest of 51 percent or more in each such business location.

      2.  Upon obtaining a motor vehicle that is to be processed as parts or scrap metal, a licensed automobile wrecker who has procured and filed the additional bond described in subsection 1 and who wishes to use the procedure provided in this section:

      (a) Shall transmit to the Department electronically or via facsimile, as specified by the Department, a report that includes:

             (1) The make, model, vehicle identification number and registration number, if applicable, of the motor vehicle; and

             (2) An affirmation by the licensed automobile wrecker that the motor vehicle has been designated by the licensed automobile wrecker for processing as parts or scrap metal.

      (b) May process the motor vehicle for parts or scrap metal only if:

             (1) Five or more business days elapse after transmission to the Department of the report required by paragraph (a); and

             (2) The licensed automobile wrecker does not receive notification from the Department that the motor vehicle is not to be processed as parts or scrap metal.

      3.  A licensed automobile wrecker who processes a motor vehicle for parts or scrap metal pursuant to this section assumes all liability for any injuries to any person or property arising from or incident to the act of such processing. No action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions which is based upon any injuries to any person or property arising from or incident to the act of processing a motor vehicle for parts or scrap metal as authorized pursuant to this section.

      4.  If a licensed automobile wrecker submits to the Department the report described in subsection 2 and the Department confirms that the motor vehicle which is the subject of the report has been processed as parts or scrap metal, the Department shall issue a nonrepairable vehicle certificate for the motor vehicle.

      (Added to NRS by 2011, 1658)

      NRS 487.115  Entire salvage vehicles: Wrecker to deliver properly endorsed salvage title upon sale; criteria used to determine whether salvage vehicle is entire salvage vehicle or only part thereof.

      1.  Whenever an entire salvage vehicle is sold to any person by a licensed automobile wrecker, the automobile wrecker shall deliver a properly endorsed salvage title to the buyer for such an entire salvage vehicle.

      2.  A salvage vehicle shall be deemed an entire salvage vehicle:

      (a) If all the following essential components are included and identifiable as coming from the same salvage vehicle:

             (1) The cowl assembly;

             (2) The floor pan assembly;

             (3) The passenger compartment;

             (4) The rear clip assembly; and

             (5) The roof assembly; and

      (b) In addition to the essential components required pursuant to paragraph (a):

             (1) If the salvage vehicle was manufactured with a conventional frame, the conventional frame is included and identifiable as coming from the same salvage vehicle;

             (2) If the salvage vehicle was manufactured with a unibody, the complete front inner structure is included and identifiable as coming from the same salvage vehicle;

             (3) If the salvage vehicle is a truck which was manufactured with a conventional frame, the conventional frame and the truck cab assembly are included and identifiable as coming from the same salvage vehicle; and

             (4) If the salvage vehicle is a truck which was manufactured with a unibody, the complete front inner structure and the truck cab assembly are included and identifiable as coming from the same salvage vehicle.

      3.  A salvage vehicle that does not satisfy the requirements of subsection 2 shall be deemed a part or parts of an entire salvage vehicle.

      (Added to NRS by 2007, 3224, 3406)

Violations; Unfitness; Inspection of Records; Penalties

      NRS 487.160  Denial, suspension or revocation of licenses or refusal to renew: Grounds; hearings; reapplication; disclosure of financial records.

      1.  The Department may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:

      (a) Is not lawfully entitled thereto;

      (b) Has made, or knowingly or negligently permitted, any illegal use of that license;

      (c) Has failed to return a salvage title to the state agency when and as required of the licensee by NRS 487.710 to 487.890, inclusive; or

      (d) Except as otherwise provided in NRS 487.105, has failed to surrender to the state agency certificates of title for vehicles before beginning to dismantle or wreck the vehicles.

      2.  The applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the Department in writing for a hearing.

      3.  Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.

      4.  The Department may suspend, revoke or refuse to renew a license of an automobile wrecker, or may deny a license to an applicant therefor, for any reason determined by the Director to be in the best interest of the public, or if the licensee or applicant:

      (a) Does not have or maintain an established place of business in this State.

      (b) Made a material misstatement in any application.

      (c) Willfully fails to comply with any applicable provision of this chapter.

      (d) Fails to furnish and keep in force any bond required by NRS 487.047 to 487.200, inclusive.

      (e) Fails to discharge any final judgment entered against the licensee or applicant when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.

      (f) Fails to maintain any license or bond required by a political subdivision of this State.

      (g) Has been convicted of a felony.

      (h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (i) Fails or refuses to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 7.

      (j) Knowingly submits or causes to be submitted any false, forged or otherwise fraudulent document to the Department to obtain a lien, title, salvage title or certificate of ownership, or any duplicate thereof, for a vehicle.

      (k) Knowingly causes or allows a false, forged or otherwise fraudulent document to be maintained as a record of the business.

      (l) Interferes with or refuses to allow an agent of the Department or any peace officer access to and, upon demand, the opportunity to examine any record held in conjunction with the operation of the wrecker.

      (m) Displays evidence of unfitness for a license pursuant to NRS 487.165.

      5.  If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

      6.  The Department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.

      7.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy any financial obligation related to the business of dismantling, scrapping, processing or wrecking of vehicles, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.047 to 487.200, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      8.  For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of noncompliance with any provision of NRS 487.047 to 487.200, inclusive, or 487.710 to 487.890, inclusive, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.

      (Added to NRS by 1963, 840; A 1969, 1086; 1973, 343; 1979, 1230; 1983, 1098; 1985, 1960; 1997, 145; 1999, 1921; 2003, 472, 1916; 2007, 3225, 3406; 2011, 1659)

      NRS 487.165  Evidence of unfitness of applicant, registrant or licensee.  Evidence of unfitness of an applicant, registrant or licensee for purposes of denial, suspension or revocation of or failure to renew a license or registration as an automobile wrecker, operator of a salvage pool, garage operator or owner of a body shop may consist of, but is not limited to, the applicant, registrant or licensee:

      1.  Purchasing, selling, dismantling, disposing of or possessing any vehicle which he or she knows, or a reasonable person should know, is stolen or otherwise illegally appropriated.

      2.  Being the former holder of, or being a partner, officer, director, owner or manager involved in management decisions of, an automobile wrecker that held a license issued pursuant to this chapter which was revoked for cause and never reissued or was suspended upon terms which were never fulfilled.

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

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

      5.  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.

      6.  Willfully failing to deliver to a purchaser a salvage title to a vehicle that the applicant, registrant or licensee has sold.

      7.  Refusing to allow any peace officer or agent of the state agency to inspect, during normal business hours, all books, records and files of the applicant, registrant or licensee which are maintained within the State.

      8.  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.

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

      (Added to NRS by 2007, 3223, 3405)

      NRS 487.170  Automobile wreckers to maintain records of certain vehicles; inspection of records by peace officer or investigator of state agency; required contents of records.

      1.  Every licensed automobile wrecker shall maintain a record of all vehicles acquired and processed as parts or scrap metal pursuant to NRS 487.105. The records must be open to inspection during business hours by any peace officer or investigator of the state agency. Every vehicle record must contain:

      (a) The name and address of the person from whom the vehicle was acquired;

      (b) The date the vehicle was acquired;

      (c) The manner in which the vehicle was acquired by the wrecker;

      (d) The registration number last assigned to the vehicle;

      (e) A brief description of the vehicle, including, insofar as the data may exist with respect to a given vehicle, the make, type, vehicle identification number, serial number and motor number, or any other number of the vehicle; and

      (f) Any certificate of title, salvage title, nonrepairable vehicle certificate or other appropriate documentation of ownership required by the Department that was provided to the licensed automobile wrecker by the person from whom the vehicle was acquired.

      2.  Records maintained pursuant to subsection 1 must be retained by the licensed automobile wrecker for a period of at least 2 years.

      (Added to NRS by 1963, 841; A 1973, 137; 1979, 1231; 2007, 3226, 3408; 2011, 1661)

      NRS 487.180  Presumption of dismantling.  It shall be prima facie evidence that a vehicle in a dismantled condition has been dismantled by the person having possession thereof.

      (Added to NRS by 1963, 841)

      NRS 487.190  Inapplicability of certain provisions to work or service vehicles owned by wrecker under certain circumstances.  The provisions of NRS 487.710 to 487.890, inclusive, do not apply to work or service vehicles owned by an automobile wrecker if such a vehicle is being used solely at the place of business of the automobile wrecker that has been reported to the Department pursuant to NRS 487.073.

      (Added to NRS by 1963, 841; A 1985, 1961; 2003, 1917)

      NRS 487.200  Penalty.  Any person who violates any of the provisions of NRS 487.047 to 487.200, inclusive, is guilty of a misdemeanor.

      (Added to NRS by 1963, 841; A 1985, 1961; 1995, 1575; 1997, 1516; 2003, 1917; 2007, 3227, 3408)

ABANDONED VEHICLES

      NRS 487.205  Legislative findings and declaration.

      1.  The Legislature finds that:

      (a) Abandoned vehicles constitute a safety hazard and a public nuisance and are detrimental to the health, safety and welfare of the general public.

      (b) Such vehicles produce scenic blight which degrades the environment and adversely affects the proper maintenance and continuing development of the State.

      (c) Such vehicles represent a resource out of place, requiring state and local governmental attention in order to ensure their expeditious removal and recycling.

      2.  The Legislature declares that the policy of this State is:

      (a) To prohibit the abandonment of vehicles and to enforce such prohibition with adequate penalties.

      (b) To encourage the development of procedures and operational techniques which will facilitate the expeditious removal of abandoned vehicles from public and private premises.

      (c) To encourage state and local governmental units, in cooperation with the private sector to recover the resource represented by abandoned vehicles to the fullest extent practicable.

      (Added to NRS by 1973, 1063)

      NRS 487.210  Definitions.  As used in NRS 487.210 to 487.300, inclusive, unless the context otherwise requires:

      1.  “Abandoned vehicle” means a vehicle:

      (a) If the vehicle is discovered upon public lands, that the owner has discarded.

      (b) If the vehicle is discovered upon public or private property other than public lands:

             (1) That the owner has discarded; or

             (2) Which has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250.

      2.  “Public lands” has the meaning ascribed to it in NRS 321.5963.

      (Added to NRS by 1967, 1601; A 1973, 1064; 1983, 1099; 1985, 519, 1961; 1999, 1674; 2005, 1220)

      NRS 487.220  Person responsible for cost of removal and disposition of abandoned vehicle; presumption vehicle abandoned by registered owner; rebuttal of presumption.

      1.  Every person who abandons a vehicle is responsible for the cost of removal and disposition of the vehicle.

      2.  An abandoned vehicle is presumed to have been abandoned by the registered owner thereof. Except as otherwise provided in NRS 487.235, the registered owner may rebut this presumption by showing that:

      (a) The registered owner transferred his or her interest in the abandoned vehicle:

             (1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or

             (2) As indicated by a bill of sale for the vehicle that is signed by the registered owner; or

      (b) The vehicle was stolen, if the registered owner submits evidence that, before the discovery of the vehicle, he or she filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.

      (Added to NRS by 1967, 1600; A 1973, 1064; 2005, 1221)

      NRS 487.230  Certain peace officers, law enforcement officers, investigators and other personnel authorized to remove or cause removal of vehicle abandoned on public property other than public lands; removal of vehicles abandoned on private property; duties of person authorizing removal.

      1.  Except as otherwise provided in NRS 487.235, any sheriff or designee of a sheriff, constable, member of the Nevada Highway Patrol, officer of the Legislative Police, investigator of the Division of Compliance Enforcement of the Department, personnel of the Capitol Police Division of the Department of Public Safety, designated employees of the Manufactured Housing Division of the Department of Business and Industry, special investigator employed by the office of a district attorney, marshal or police officer of a city or town or his or her designee, a marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125, or any other person charged with the enforcement of county or city ordinances who has reason to believe that a vehicle has been abandoned on public property in his or her jurisdiction may remove the vehicle from that property or cause the vehicle to be removed from that property. At the request of the owner or person in possession or control of private property who has reason to believe that a vehicle has been abandoned on his or her property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

      2.  A person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

      (a) Have the vehicle taken to the nearest garage or other place designated for storage by:

             (1) The state agency or political subdivision making the request if the vehicle is removed from public property.

             (2) The owner or person in possession or control of the property if the vehicle is removed from private property.

      (b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

      (Added to NRS by 1967, 1600; A 1973, 1064; 1979, 1231; 1983, 1242; 1985, 1961; 1987, 1462, 1604; 1993, 1645; 1995, 159, 1110; 1997, 28; 1999, 3589; 2001, 2553; 2005, 106, 1221, 1384; 2007, 106)

      NRS 487.235  Removal of vehicles abandoned on public lands.

      1.  If a sheriff’s office or other law enforcement agency discovers that, or receives notification that, a vehicle has been abandoned on public lands, the sheriff’s office or other law enforcement agency shall:

      (a) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the owner of the vehicle; and

      (b) If the vehicle has not been reported as stolen and the sheriff’s office or other law enforcement agency is able to determine the identity of the owner of the vehicle, notify the Department of those facts.

      2.  Upon the receipt of a notice from a sheriff’s office or other law enforcement agency pursuant to paragraph (b) of subsection 1 and if the registration of the vehicle has not expired, the Department shall send by registered or certified mail, return receipt requested, a written notice to the owner of the vehicle stating that the owner must remove or cause the vehicle to be removed from the public lands within 30 days after the date on which the notice was sent.

      3.  If an owner receives a notice pursuant to subsection 2, the owner may submit to the Department an affidavit which states that the owner has taken action which meets the requirements of paragraph (a) or (b) of subsection 2 of NRS 487.220. If the owner submits such an affidavit, the Department:

      (a) Shall maintain a record of the affidavit; and

      (b) Shall not suspend the registration of each vehicle currently registered to that owner as otherwise required by subsection 4.

      4.  If an owner:

      (a) Receives a notice pursuant to subsection 2;

      (b) Fails to remove or cause the vehicle to be removed within the 30-day period set forth in that notice; and

      (c) Does not submit an affidavit as described in subsection 3,

Ê the Department shall suspend the registration of each vehicle currently registered to the owner pursuant to chapter 482 of NRS. For the purposes of this subsection, the determination of the sheriff’s office or other law enforcement agency that notified the Department pursuant to paragraph (b) of subsection 1 is conclusive as to whether the abandoned vehicle was removed within the 30-day period.

      5.  If the registration of a vehicle is suspended pursuant to subsection 4, the Department shall reinstate the registration upon receipt from the registered owner of the vehicle of:

      (a) An affidavit setting forth that the registered owner caused the removal and disposition of, or proof that the registered owner paid the cost of removal and disposition of, the vehicle discovered abandoned upon public lands; and

      (b) If applicable, proof that the registered owner redeemed any lien placed pursuant to NRS 487.270 on the vehicle discovered abandoned on public lands.

      6.  If a sheriff’s office or other law enforcement agency is notified by a person or another governmental entity that a vehicle has been abandoned on public lands, the sheriff’s office or other law enforcement agency shall, insofar as practicable and authorized by law, inform the person or entity making such notification of the actions taken by the sheriff’s office or other law enforcement agency pursuant to this section.

      (Added to NRS by 2005, 1219)

      NRS 487.240  Appraisal of removed abandoned vehicle.  Upon receipt of a written request, the state agency shall have the vehicle appraised within 10 business days after receipt of the request.

      (Added to NRS by 1967, 1600; A 1979, 493, 1232; 1983, 1099; 1999, 160)

      NRS 487.250  Required notices.

      1.  The state agency or political subdivision shall, within 48 hours after the appraisal, notify the head of the state agency of the removal of the vehicle. The notice must contain:

      (a) A description of the vehicle.

      (b) The appraised value of the vehicle.

      (c) A statement as to whether the vehicle will be junked, dismantled or otherwise disposed of.

      2.  The person who removed the vehicle must notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.

      3.  Failure to reclaim within 15 days after notification a vehicle appraised at $500 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.

      4.  If all recorded interests in a vehicle appraised at $500 or less are waived, either as provided in subsection 3 or by written disclaimer by any person having an interest in the vehicle, the state agency, except as otherwise provided in subsection 3 of NRS 487.100, shall issue a salvage title pursuant to NRS 487.810 to the automobile wrecker who towed the vehicle or to whom the vehicle may have been delivered, or a certificate of title to the garage owner if the garage owner elects to retain the vehicle and the vehicle is equipped as required by chapter 484D of NRS.

      (Added to NRS by 1967, 1600; A 1969, 95, 769; 1973, 339, 974; 1979, 493, 1232; 1987, 1604; 1999, 1922; 2003, 474, 1917; 2011, 1661)

      NRS 487.260  Disposition of vehicles appraised at value exceeding $500; disposition of junk vehicles; junk certificates; duties of automobile wreckers; maintenance of certain records.

      1.  If the vehicle is appraised at a value of more than $500, the state agency or political subdivision shall dispose of it as provided in NRS 487.270.

      2.  If the vehicle is appraised as a junk vehicle, the Department may issue a junk certificate to the automobile wrecker or tow operator who removed the vehicle.

      3.  An automobile wrecker who possesses a junk certificate for a junk vehicle may process the vehicle for parts or scrap metal pursuant to NRS 487.105.

      4.  A vehicle for which a junk certificate has been issued may be sold to an automobile wrecker by the person to whom the junk certificate was issued by the seller’s endorsement on the certificate. Except as otherwise provided in subsection 3 of NRS 487.100, an automobile wrecker who purchases a vehicle for which a junk certificate has been issued shall immediately affix the business name of the automobile wrecker as purchaser to the first available space provided on the reverse side of the certificate. For the purposes of this subsection, such an automobile wrecker is the owner of the junk vehicle.

      5.  If insufficient space exists on the reverse side of a junk certificate to transfer the vehicle pursuant to subsection 4, except as otherwise provided in subsection 3 of NRS 487.100, an automobile wrecker who purchases a junk vehicle for which a junk certificate has been previously issued shall, within 10 days after purchase, apply to the Department for a new junk certificate and surrender the original certificate.

      6.  A person who sells a junk vehicle shall maintain, for at least 2 years, a copy of the junk certificate and a record of the name and address of the person from whom the vehicle was acquired and the date thereof. The person shall allow any peace officer or any investigator employed by a state agency to inspect the records during business hours.

      7.  An automobile wrecker who processes a junk vehicle for parts or scrap metal shall maintain records as required by NRS 487.170.

      8.  As used in this section, “junk vehicle” means a vehicle, including component parts, which:

      (a) Has been discarded or abandoned;

      (b) Has been ruined, wrecked, dismantled or rendered inoperative;

      (c) Is unfit for further use in accordance with the original purpose for which it was constructed;

      (d) Is not registered with the Department or has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250; and

      (e) Has value principally as scrap which does not exceed $200.

      (Added to NRS by 1967, 1601; A 1973, 974; 1979, 1232; 1987, 1605; 1991, 1675; 1999, 1675; 2007, 3227, 3408; 2011, 1662)

      NRS 487.270  Lien on abandoned vehicle; costs and fees included in lien; satisfaction of lien; transmission of fee to constable under certain circumstances.

      1.  Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage or the automobile wrecker who towed the vehicle has a lien on the vehicle for:

      (a) The costs of towing and storing for a period not exceeding 90 days; and

      (b) If the vehicle was removed from public property at the request of a constable, the fee described in paragraph (d) of subsection 2 of NRS 258.125.

      2.  If the vehicle is appraised at a value of $500 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage or automobile wrecker may satisfy his or her lien by retaining the vehicle and obtaining a certificate pursuant to NRS 487.880, if applicable, or a salvage title as provided in NRS 487.810.

      3.  If the vehicle is appraised at a value of more than $500 and is not reclaimed within 45 days, the owner of the garage or automobile wrecker may satisfy his or her lien, in accordance with the provisions of NRS 108.265 to 108.367, inclusive. Before such a person may sell the vehicle, the person shall obtain a certificate pursuant to NRS 487.880, if applicable, or a salvage title as provided in NRS 487.810.

      4.  If the vehicle was removed from public property at the request of a constable and the owner of the garage or automobile wrecker satisfies his or her lien pursuant to subsection 2 or 3, the owner of the garage or automobile wrecker shall transmit to the constable the fee described in paragraph (d) of subsection 2 of NRS 258.125.

      (Added to NRS by 1967, 1601; A 1969, 770; 1973, 974; 1987, 1605; 1997, 1422; 1999, 1923; 2003, 474, 1918; 2007, 106)

      NRS 487.281  Unlawful abandonment of vehicle.

      1.  A person shall not abandon a vehicle upon any public highway or road.

      2.  A person shall not abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

      (Added to NRS by 1973, 1064; A 1985, 341)

      NRS 487.290  Unlawful possession of unregistered vehicles unfit for use; exceptions.

      1.  Unless the person first obtains a license pursuant to NRS 487.050 or 487.410, a person shall not for any reason keep more than two unregistered vehicles on real property owned by or under possession or control of the person if the vehicles are no longer intended for or in condition for lawful use on the highway.

      2.  The provisions of subsection 1 do not apply to:

      (a) Premises used by a licensed dealer, manufacturer, distributor or rebuilder.

      (b) Vehicles to be restored or used as a source of parts in conjunction with the operation or maintenance of a fleet of vehicles for the carriage of persons or property.

      (c) Premises used as a farm, ranch, mine or repair shop for motor vehicles.

      (d) Any person engaged in the restoration of one or more vehicles entitled to registration as a Horseless Carriage or otherwise having classic or historic significance.

      (Added to NRS by 1973, 1064; A 1983, 1007; 1985, 342; 1987, 1605)

      NRS 487.300  Penalty.  Every person who violates any provision of NRS 487.281 or 487.290 is guilty of a misdemeanor.

      (Added to NRS by 1973, 1064)

SALVAGE POOLS

      NRS 487.400  Definitions.  As used in NRS 487.400 to 487.510, inclusive:

      1.  “Identifying card” means a card:

      (a) Authorizing the holder to bid for the purchase of vehicles from the operator of a salvage pool; and

      (b) Containing the information required by NRS 487.070, 487.475 or 487.477.

      2.  “Salvage pool” means a business which obtains motor vehicles from:

      (a) Insurers and self-insurers for sale on consignment or as an agent for the insurer or self-insurer if the vehicles are acquired by the insurer or self-insurer as the result of a settlement for insurance; or

      (b) Licensed vehicle dealers, rebuilders, lessors or wreckers for sale on consignment.

      (Added to NRS by 1987, 1594; A 1989, 862; 1991, 527; 1997, 2862; 2009, 1745)

      NRS 487.410  Unlawful to operate salvage pool without license; application for 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.]

      1.  No person may operate a salvage pool without first applying for and obtaining a license for that business from the Department.

      2.  An application for a license must be made on a form provided by the Department, include the social security number of the applicant and be accompanied by such proof as the Department requires that the applicant meets the statutory requirements to be an operator of a salvage pool.

      (Added to NRS by 1987, 1594; A 1997, 2080)

      NRS 487.410  Unlawful to operate salvage pool without license; application for license. [Effective on 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.]

      1.  No person may operate a salvage pool without first applying for and obtaining a license for that business from the Department.

      2.  An application for a license must be made on a form provided by the Department and accompanied by such proof as the Department requires that the applicant meets the statutory requirements to be an operator of a salvage pool.

      (Added to NRS by 1987, 1594; A 1997, 2080, effective on 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 487.420  Bond: Requirement; amount; application for compensation; deposits in lieu of bond.

      1.  No applicant may be granted a license to operate a salvage pool until he or she has procured and filed with the Department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant conducts business as an operator of a salvage pool without fraud or fraudulent representation, and without violation of the provisions of NRS 487.400 to 487.510, inclusive. The Department may, by agreement with any operator of a salvage pool who has been licensed by the Department for 5 years or more, allow a reduction in the amount of his or her bond, if his or her business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the operator of the salvage pool in violation of any of the provisions of NRS 487.400 to 487.510, inclusive, may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an operator of a salvage pool may deposit with the Department, under the terms prescribed by the Department:

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or

      (b) A savings certificate of a bank, credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which the licensee is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the Department pursuant to subsection 4 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      (Added to NRS by 1987, 1594; A 1993, 2345; 1999, 1504; 2009, 1746)

      NRS 487.430  License to operate salvage pool: Application; issuance; contents; posting; expiration; renewal. [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.]

      1.  The Department may approve or reject the application for a license to operate a salvage pool. If the Department receives the statement required pursuant to NRS 487.003 and approves the application, it shall issue to the applicant a license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      2.  A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      3.  A license expires on April 30 of each year.

      4.  A licensee may renew his or her license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department;

      (b) The statement required pursuant to NRS 487.003; and

      (c) The fee for renewal of a license provided in NRS 487.450.

      (Added to NRS by 1987, 1595; A 1989, 2023; 1997, 147, 1516, 2080)

      NRS 487.430  License to operate salvage pool: Application; issuance; contents; posting; expiration; renewal. [Effective on 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.]

      1.  The Department may approve or reject the application for a license to operate a salvage pool and, if approved, shall issue to the applicant a license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      2.  A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      3.  A license expires on April 30 of each year.

      4.  A licensee may renew his or her license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department; and

      (b) The fee for renewal of a license provided in NRS 487.450.

      (Added to NRS by 1987, 1595; A 1989, 2023; 1997, 147, 1516, 2080, effective on 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 487.440  Applicant to furnish information concerning place of business.  Before issuing a license to an operator of a salvage pool, the Department shall require that the applicant furnish proof that:

      1.  The applicant will conduct business from a permanent enclosed building which the applicant owns or has leased;

      2.  The business will be located on at least one-half of an acre of ground; and

      3.  The site for the business will be surrounded by a screened fence at least 6 feet high.

      (Added to NRS by 1987, 1595)

      NRS 487.450  Fee for issuance or renewal of license to operate salvage pool; disposition.

      1.  The Department shall charge and collect a fee of $300 for the issuance or renewal of a license to operate a salvage pool.

      2.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      (Added to NRS by 1987, 1596; A 1989, 2024, 2043; 1991, 1778; 1997, 1372; 2003, 1918; 2007, 1232)

      NRS 487.455  Operator of salvage pool to affix legible sign containing name of business.  At each of his or her established places of business, an operator of a salvage pool shall permanently affix a sign containing the name of the business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway, except that the lettering must be at least 8 inches high and formed by lines that are at least 1-inch wide.

      (Added to NRS by 1997, 1515)

      NRS 487.460  Operation of vehicles on highway without registration; conditions.  Any licensed operator of a salvage pool who owns or controls any vehicle of a type required to be registered pursuant to the laws of this State may operate or move that vehicle upon the highways without subjecting the vehicle to registration if the operation or movement is for the sole purpose of moving the vehicle from its location to the established place of business of the licensee. The operator may obtain license plates from the Department for the movement of such vehicles.

      (Added to NRS by 1987, 1596)

      NRS 487.470  Restrictions on purchase and sale of salvage vehicles; registration with operator of salvage pool with whom bid is made for purchase of vehicles required by certain persons; limitations on person issued identifying card described in NRS 487.477.

      1.  Except as otherwise provided in subsection 4, only a licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder or a person who has been issued an identifying card described in NRS 487.477 may bid to purchase a vehicle from an operator of a salvage pool, and the operator may only sell a vehicle to such a person. An operator shall not accept a bid from:

      (a) An automobile wrecker until the automobile wrecker:

             (1) Presents the card issued by the Department pursuant to NRS 487.070 or other identifying card; or

             (2) If he or she is licensed or otherwise authorized to operate as an automobile wrecker in another state or foreign country, presents evidence of that licensure or authorization and has registered with the operator pursuant to subsection 2;

      (b) A dealer of new or used motor vehicles or a rebuilder until the dealer or rebuilder:

             (1) Presents the card issued by the Department pursuant to NRS 487.475 or other identifying card; or

             (2) If he or she is licensed or otherwise authorized to operate as a dealer of new or used motor vehicles or as a rebuilder in another state or foreign country, presents evidence of that licensure or authorization and has registered with the operator pursuant to subsection 2; or

      (c) A person who has been issued an identifying card described in NRS 487.477:

             (1) For a nonrepairable vehicle; or

             (2) For any other vehicle, until the person presents the identifying card.

      2.  Any automobile wrecker, dealer of new or used motor vehicles or rebuilder who is licensed or otherwise authorized to operate in another state or foreign country shall register with each operator of a salvage pool with whom the wrecker, dealer or rebuilder bids to purchase vehicles, by filing with the operator copies of his or her license or other form of authorization from the other state or country, and his or her driver’s license, business license, certificate evidencing the filing of a bond, resale certificate and proof of social security or tax identification number, if such documentation is required for licensure in the other state or country. Each operator of a salvage pool shall keep such copies at his or her place of business and in a manner so that they are easily accessible and open to inspection by employees of the Department and to officers of law enforcement agencies in this State.

      3.  Each person who has been issued an identifying card described in NRS 487.477 shall register with each operator of a salvage pool with whom the person bids to purchase vehicles by filing with the operator copies of his or her driver’s license, business license, if applicable, and proof of social security or tax identification number. Each operator of a salvage pool shall keep such copies at his or her place of business and in a manner so that they are easily accessible and open to inspection by employees of the Department and to officers of law enforcement agencies in this State.

      4.  A person who has been issued an identifying card described in NRS 487.477 shall not:

      (a) Purchase more than three vehicles in any calendar year from operators of salvage pools in this State;

      (b) Purchase any such vehicle for resale;

      (c) Bid on a nonrepairable vehicle; or

      (d) Assist, solicit or conspire with another person to commit any act prohibited by paragraph (a), (b) or (c).

      (Added to NRS by 1987, 1596; A 1989, 862; 1995, 1575; 1997, 2862; 2001, 2554; 2009, 1747)

      NRS 487.475  Card authorizing dealer of new or used motor vehicles or rebuilder to bid for purchase of vehicle: Contents; quantity; issuance to salesperson under certain circumstances; fee; expiration; disposition of fees.

      1.  A card authorizing a dealer of new or used motor vehicles or a rebuilder to bid to purchase a vehicle from an operator of a salvage pool must contain the dealer’s or rebuilder’s:

      (a) Name and signature;

      (b) Business name;

      (c) Business address;

      (d) Business license number issued by the Department; and

      (e) Picture.

      2.  A dealer or rebuilder may obtain one or two cards for his or her business. If a dealer obtains two cards for his or her business, one of the cards may be issued to a salesperson who is an employee of the dealer and who is:

      (a) Licensed pursuant to NRS 482.362; and

      (b) Acting as an agent for the dealer in the purchase of a vehicle from an operator of a salvage pool.

      3.  The Department shall charge a fee of $50 for each card issued.

      4.  A card issued pursuant to this section expires on December 31 of the year in which it was issued. The dealer or rebuilder must submit to the Department an application for renewal accompanied by a renewal fee of $25 for each card. The application must be made on a form provided by the Department and contain such information as the Department requires.

      5.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      (Added to NRS by 1989, 861; A 1991, 1778; 1997, 1372; 2005, 1222; 2007, 1232)

      NRS 487.477  Identifying card authorizing certain persons to purchase vehicle other than nonrepairable vehicle from operator of salvage pool: Contents; fee; expiration; disposition of fees.

      1.  An identifying card authorizing a person other than a licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder to bid to purchase a vehicle other than a nonrepairable vehicle from an operator of a salvage pool must contain the person’s:

      (a) Name and signature;

      (b) Personal address;

      (c) Business name, if applicable;

      (d) Business address, if applicable; and

      (e) Picture.

      2.  The Department shall charge a fee of $50 for each identifying card issued in accordance with this section.

      3.  An identifying card issued in accordance with this section expires on December 31 of the year in which it is issued. The person must submit to the Department an application for renewal accompanied by a renewal fee of $25. The application must be made on a form provided by the Department and contain such information as the Department requires.

      4.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      (Added to NRS by 2009, 1745)

      NRS 487.478  Persons prohibited from applying for identifying card described in NRS 487.477.  A person who is licensed as or who is required to be licensed as an automobile wrecker, dealer of new or used motor vehicles or rebuilder shall not apply for or obtain an identifying card described in NRS 487.477.

      (Added to NRS by 2009, 1745)

      NRS 487.480  Sale of vehicle as salvage; operator of pool to provide salvage title to purchaser.

      1.  Before an operator of a salvage pool sells any vehicle subject to registration pursuant to the laws of this State, the operator must possess the certificate of title for a vehicle obtained pursuant to subsection 3 of NRS 487.800 or the salvage title for that vehicle. The Department shall not issue a certificate of registration or certificate of title for a vehicle with the same identification number if the vehicle was manufactured in the 5 years preceding the date on which the salvage title was issued, unless the Department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.

      2.  Upon sale of the vehicle, the operator of the salvage pool shall provide a salvage title to the licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder or other person who purchased the vehicle.

      (Added to NRS by 1987, 1596; A 1989, 862; 1991, 1909; 1997, 2863; 1999, 620, 1923; 2003, 474, 1918; 2007, 227; 2009, 1748)

      NRS 487.490  Denial, suspension or revocation of license to operate salvage pool or refusal to renew: Grounds; hearings; reapplication; disclosure of financial records.

      1.  The Department may refuse to issue a license or may suspend, revoke or refuse to renew a license of an operator of a salvage pool upon determining that the operator:

      (a) Is not lawfully entitled to the license;

      (b) Has made, or knowingly or negligently permitted, any illegal use of that license;

      (c) Made a material misstatement in any application;

      (d) Willfully fails to comply with any provision of NRS 487.400 to 487.510, inclusive;

      (e) Fails to discharge any final judgment entered against the operator when the judgment arises out of any misrepresentation regarding a vehicle;

      (f) Fails to maintain any license or bond required by a political subdivision of this State;

      (g) Has been convicted of a felony;

      (h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter;

      (i) Fails or refuses to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6; or

      (j) Displays evidence of unfitness for a license pursuant to NRS 487.165.

      2.  The applicant or licensee may, within 30 days after receipt of the notice of refusal to grant or renew or the suspension or revocation of a license, petition the Department in writing for a hearing.

      3.  Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.

      4.  If an application for a license as an operator of a salvage pool is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

      5.  The Department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of NRS 487.400 to 487.510, inclusive.

      6.  Upon the receipt of any report or complaint that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a salvage pool, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.400 to 487.510, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      7.  For the purposes of this section, the failure to adhere to the directives of the Department advising the licensee of noncompliance with any provision of NRS 487.400 to 487.510, inclusive, or regulations of the Department, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.

      (Added to NRS by 1987, 1596; A 1997, 147; 2007, 3227, 3409; 2009, 1748)

      NRS 487.492  License to issue identifying cards: Issuance to person licensed to operate salvage pool; investigation of qualifications of applicant.

      1.  The Department may issue to a person licensed to operate a salvage pool an additional license authorizing the holder to issue identifying cards.

      2.  The Department shall investigate the qualifications of an applicant for a license to issue identifying cards and shall prescribe a form for reporting the result.

      (Added to NRS by 1997, 2861)

      NRS 487.493  License to issue identifying cards: Qualifications of applicant.  In addition to the requirements set forth in NRS 487.420 to 487.450, inclusive, and subject to the grounds for denial, suspension or revocation pursuant to NRS 487.490, an applicant for a license to issue identifying cards must:

      1.  Have been licensed to operate a salvage pool for the 2-year period immediately preceding application for the additional license.

      2.  Not have issued a check to the Department for payment which was returned for insufficient funds.

      3.  Include a secure building within the applicant’s facility.

      (Added to NRS by 1997, 2861)

      NRS 487.494  License to issue identifying cards: Bond; deposit in lieu of bond.

      1.  Except as otherwise provided in subsection 2, an applicant for a license to issue identifying cards shall file with the Department a bond payable to the State of Nevada in the amount of $10,000. The bond must be executed by the applicant as principal and by a corporation qualified under NRS 100.065 as surety.

      2.  An applicant may, instead of filing a bond, deposit $10,000 with the State Treasurer in any form authorized by NRS 100.065.

      (Added to NRS by 1997, 2861)

      NRS 487.495  License to issue identifying cards: Application; fee; issuance; expiration; renewal.

      1.  An application for a license to issue identifying cards must be filed upon a form supplied by the Department. If considered necessary, the Department may require information in addition to that required by the form.

      2.  A fee of $25 must accompany the application.

      3.  Upon receipt of the application and fee, and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to issue identifying cards containing the name of the applicant and his or her established place of business.

      4.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of the license accompanied by an annual fee of $25.

      (Added to NRS by 1997, 2862)

      NRS 487.496  Course of training required for certain employees of person licensed to issue identifying cards.  An employee of a licensee whose duties include acting upon, issuing or renewing an identifying card must complete a course of training offered by the Department.

      (Added to NRS by 1997, 2862)

      NRS 487.497  Records of person licensed to issue identifying cards: Maintenance; contents; inspection; audit; location.

      1.  A person licensed to issue identifying cards shall maintain a record of all fees collected and identifying cards issued.

      2.  The record must contain:

      (a) The name and signature of the licensed automobile wrecker, vehicle dealer or rebuilder or other person from whom fees were collected, the amount of fees collected and the number of identifying cards issued or renewed.

      (b) For each identifying card issued to an automobile wrecker, vehicle dealer or rebuilder, the business name, address and license number under which the automobile wrecker, vehicle dealer or rebuilder is licensed by the Department.

      (c) A photograph of the natural person to whom the identifying card was issued.

      3.  The record must be open to inspection during regular business hours by any peace officer or investigator of the Department.

      4.  Upon request of the Department, a person licensed to issue identifying cards shall allow the Department, or a person designated by the Department, to conduct an audit of the person’s records.

      5.  The records of the licensee must be maintained at the licensed location.

      (Added to NRS by 1997, 2862; A 2009, 1749)

      NRS 487.500  Records required; inspection.  Every licensed operator of a salvage pool shall maintain a record of all vehicles he or she sells. The record must contain the name and address of the person from whom the vehicle was purchased or acquired and the date of the acquisition or purchase, the name and address of the automobile wrecker, dealer of new or used motor vehicles, rebuilder or other person to whom the vehicle was sold and the date of the sale, the registration number last assigned to the vehicle and a brief description of the vehicle, including, insofar as the information exists with respect to a given vehicle, the make, type, serial number and motor number, or any other number of the vehicle. The record must be open to inspection during regular business hours by any peace officer or investigator of the Department.

      (Added to NRS by 1987, 1597; A 1989, 863; 2009, 1749)

      NRS 487.505  Regulations.  The Department shall adopt regulations to carry out the provisions of NRS 487.400 to 487.510, inclusive.

      (Added to NRS by 2009, 1745)

      NRS 487.510  Penalty.  Any person who violates any of the provisions of NRS 487.400 to 487.505, inclusive, is guilty of a misdemeanor.

      (Added to NRS by 1987, 1597; A 1997, 1516; 2009, 1750)

STANDARDS: REPAIRS; REBUILDING; SAFETY EQUIPMENT

      NRS 487.520  Repair and rebuilding of vehicle to comply with industry standards; repair or replacement of airbags and other safety equipment; retention of written records.

      1.  Except as otherwise provided in subsection 3, if a salvage vehicle is repaired or rebuilt by a garage operator or operator of a body shop, the repairs or rebuilding must comply with the standards published and commonly applied in the motor vehicle repair industry.

      2.  Except as otherwise provided in subsection 3, if any safety equipment that was present in a motor vehicle at the time it was manufactured is repaired or replaced by a garage operator or operator of a body shop, the equipment must be repaired or replaced to the standards published and commonly applied in the motor vehicle repair industry.

      3.  If a motor vehicle has been in an accident and a garage operator or operator of a body shop accepts or assumes control of the motor vehicle to make any repair, the garage operator or operator of the body shop shall:

      (a) For a motor vehicle that is equipped with an airbag that has been deployed, replace the airbag in a manner that complies with the standards set forth in 49 C.F.R. § 571.208, Standard No. 208, for such equipment.

      (b) For a motor vehicle that is equipped with a seatbelt assembly which requires repair or replacement, repair or replace the seatbelt assembly in a manner that complies with the standards set forth in 49 C.F.R. § 571.209, Standard No. 209, for such equipment.

      4.  A garage operator or operator of a body shop who is licensed pursuant to the provisions of this chapter who performs the work required pursuant to this section shall retain a written record of the work, including, without limitation, the date of the repair, rebuilding or replacement, and any identifying information regarding any parts or equipment used in the repair, rebuilding or replacement.

      (Added to NRS by 2003, 1908)

GARAGES, GARAGE OPERATORS AND BODY SHOPS

General Provisions

      NRS 487.530  Definitions.  As used in NRS 487.530 to 487.690, inclusive, unless the context otherwise requires, the words and terms defined in NRS 487.532 to 487.553, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 1368; A 1999, 436, 1897; 2001, 139, 140; 2003, 1919; 2009, 2534, 2705; 2013, 1977)

      NRS 487.532  “Body shop” defined.  “Body shop” means any place where the body of a motor vehicle is painted, fixed, repaired or replaced for compensation.

      (Added to NRS by 2009, 2528, 2699)

      NRS 487.540  “Garage” defined.

      1.  “Garage” means a business establishment, sole proprietorship, firm, corporation, association or other legal entity that performs any of the following services on motor vehicles:

      (a) Repair or replacement of the:

             (1) Engine;

             (2) Brake system;

             (3) Transmission system;

             (4) Drivetrain system;

             (5) Heating and air-conditioning system;

             (6) Cooling system;

             (7) Muffler and exhaust system;

             (8) Electrical system;

             (9) Electrical charging system; or

             (10) Fuel injection or carburetion system;

      (b) Engine tune up;

      (c) Diagnostic testing;

      (d) Alignment; or

      (e) Oil change and lubrication.

      2.  “Garage” does not include a business establishment, sole proprietorship, firm, corporation, association or other legal entity that does not perform services on motor vehicles for members of the general public.

      (Added to NRS by 1997, 1368; A 2007, 3228)

      NRS 487.545  “Garage operator” defined.  “Garage operator” means a person who:

      1.  Owns, operates, controls or manages a garage; or

      2.  Is authorized to repair motor vehicles at a garage that is owned, operated, controlled or managed by another person.

      (Added to NRS by 1997, 1368)

      NRS 487.550  “Motor vehicle” defined.  “Motor vehicle” means:

      1.  A passenger car as defined in NRS 482.087;

      2.  A mini motor home as defined in NRS 482.066;

      3.  A motor home as defined in NRS 482.071;

      4.  A recreational vehicle as defined in NRS 482.101;

      5.  A motortruck as defined in NRS 482.073 if the gross weight of the vehicle is 10,000 pounds or less;

      6.  A motorcycle as defined in NRS 482.070; and

      7.  A trimobile as defined in NRS 482.129.

      (Added to NRS by 1997, 1369; A 2007, 3229)

      NRS 487.553  “Person authorizing repairs” defined.  “Person authorizing repairs” means a person who uses the services of a garage. The term includes an insurance company, its agents or its representatives authorizing repairs to motor vehicles under a policy of insurance.

      (Added to NRS by 2009, 2528, 2699)

      NRS 487.555  Applicability.  The provisions of NRS 487.530 to 487.690, inclusive, do not apply to a service station that is exclusively engaged in the business of selling motor vehicle fuel, lubricants or goods unrelated to the repair of motor vehicles.

      (Added to NRS by 1997, 1369; A 2001, 967; 2009, 2534, 2705)

      NRS 487.557  Submission of annual report by Director to Legislature concerning garages, garage operators and body shops.

      1.  On or before January 1 of each year, the Director of the Department shall prepare a report concerning garages, garage operators and body shops. The report must include:

      (a) The number of complaints relating to garages, garage operators and body shops made to and acted upon by the Department during the year for which the report is prepared;

      (b) The number of investigations conducted during that year by the Department relating to garages, garage operators and body shops; and

      (c) The outcome of each investigation specified in paragraph (b) and the extent to which any information relating to each investigation is subject to disclosure to the members of the public.

      2.  On or before January 1 of each even-numbered year, the Director of the Department shall submit the report required pursuant to subsection 1 to the Legislative Commission. On or before January 1 of each odd-numbered year, the Director of the Department shall submit the report to the Director of the Legislative Counsel Bureau for transmittal to:

      (a) The Senate Standing Committee on Energy, Infrastructure and Transportation; and

      (b) The Assembly Standing Committee on Transportation.

      (Added to NRS by 2009, 2532, 2703)

Garages and Garage Operators

      NRS 487.560  Registration for authorization to operate garage: Application; fee; waiver of fee; deposit of collected fees; applicant to notify Department of material change in information.

      1.  On and after January 1, 1998, a garage operator shall register with the Department for authorization to operate a garage.

      2.  An application for registration must be on a form provided by the Department. The application must include:

      (a) The name of the applicant, including each name under which the applicant intends to do business;

      (b) The complete street address of each location from which the applicant will be conducting business, including a designation of the location that will be the applicant’s principal place of business;

      (c) A copy of the business license for each garage operated by the applicant if the county or city in which the applicant operates a garage requires such a license;

      (d) The type of repair work offered at each garage operated by the applicant;

      (e) The number of mechanics employed at each garage operated by the applicant; and

      (f) Any other information required by the Department.

      3.  Except as otherwise provided in this subsection, for each garage operated by an applicant, the Department shall charge a fee of $25 for the issuance or renewal of registration. If an applicant operates more than one garage, the applicant may file one application if he or she clearly indicates on the application the location of each garage operated by the applicant and each person responsible for the management of each garage. The Department shall waive the fee for the issuance or renewal of registration for a person that is licensed as:

      (a) An authorized inspection station, authorized maintenance station or authorized station pursuant to chapter 445B of NRS;

      (b) A manufacturer, distributor, dealer or rebuilder pursuant to chapter 482 of NRS; or

      (c) An automobile wrecker, salvage pool or body shop pursuant to this chapter.

      4.  All fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      5.  An applicant for registration or renewal of registration shall notify the Department of any material change in the information contained in the application for registration or renewal within 10 days after knowledge of the change.

      (Added to NRS by 1997, 1369; A 1999, 436, 1898; 2001, 139, 968; 2007, 1233, 3410)

      NRS 487.563  Registration for authorization to operate garage: Filing of bond or deposit of money or securities in lieu of bond; disbursal or release of deposit under certain circumstances; revocation of or refusal to renew certificate for failure to perform certain acts; reinstatement.

      1.  Each person who submits an application for registration pursuant to the provisions of NRS 487.560 shall file with the Department a bond in the amount of $5,000, with a corporate surety for the bond that is licensed to do business in this State. The form of the bond must be approved by the Attorney General and be conditioned upon whether the applicant conducts business as an owner or operator of a garage without fraud or fraudulent representation and in compliance with the provisions of NRS 487.530 to 487.690, inclusive.

      2.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the garage operator may:

      (a) Apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make payment.

      (b) Present to the Director an order of a court requiring the Director to pay to the person an amount of compensation from the bond. The Director shall inform the surety, and the surety shall then make payment.

      4.  In lieu of a bond required to be filed pursuant to the provisions of subsection 1, a person may deposit with the Department, pursuant to the terms prescribed by the Department:

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or

      (b) A savings certificate of a bank or savings and loan association located in this State, which must indicate an account of an amount equal to the amount of the bond that would otherwise be required pursuant to this section and that the amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the garage operator or released upon receipt of:

      (a) An order of a court requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting that the Director release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  If a person fails to comply with an order of a court that relates to the repair of a motor vehicle, or fails to pay or otherwise discharge any final judgment rendered and entered against the person or any court order issued and arising out of the repair of a motor vehicle in the operation of a garage, the Department shall revoke or refuse to renew the certificate of registration of the person who failed to comply with the order or satisfy the judgment.

      7.  The Department may reinstate or renew a certificate of registration that is revoked pursuant to the provisions of subsection 6 if the person whose certificate of registration is revoked complies with the order of the court.

      8.  A garage operator whose registration has been revoked pursuant to the provisions of subsection 6 shall furnish to the Department a bond in the amount specified in subsection 1 before the reinstatement of his or her registration.

      (Added to NRS by 1999, 1896; A 2001, 968, 1286; 2003, 35, 42; 2007, 3229, 3411; 2009, 2534, 2705)

      NRS 487.564  Registration for authorization to operate garage: Refusal to issue, suspension or revocation of, or refusal to renew; grounds; certain persons prohibited from employment by or affiliation with garage subject to registration.

      1.  The Department may refuse to issue a registration or may suspend, revoke or refuse to renew a registration to operate a garage upon any of the following grounds:

      (a) A false statement of a material fact in a certification for a salvage vehicle required pursuant to NRS 487.800.

      (b) A false statement or certification for an inspection pursuant to NRS 487.800 which attests to the mechanical fitness or safety of a salvage vehicle.

      (c) The Director determines that the garage or garage operator has engaged in a deceptive trade practice or violated the provisions of NRS 487.6871 to 487.6897, inclusive.

      (d) Evidence of unfitness of the applicant or registrant pursuant to NRS 487.165.

      (e) A violation of any regulation adopted by the Department governing the operation of a garage.

      (f) A violation of any statute or regulation that constitutes fraud in conjunction with the repair of a motor vehicle or operation of a garage.

      2.  A person for whom a certificate of registration has been suspended or revoked pursuant to the provisions of this section, subsection 6 of NRS 487.563 or similar provisions of the laws of any other state or territory of the United States shall not be employed by, or in any manner affiliated with, the operation of a garage subject to registration in this State.

      3.  As used in this section, “salvage vehicle” has the meaning ascribed to it in NRS 487.770.

      (Added to NRS by 2003, 1911; A 2007, 3230, 3412; 2009, 2535, 2706)

      NRS 487.565  Certificate of registration to operate garage: Issuance; contents; validity; renewal.

      1.  If the Department receives an application for registration that contains the information required by NRS 487.560, it shall issue to the applicant a certificate of registration for each garage operated by the applicant. The certificate must contain the name of the applicant, the name under which the applicant’s business will be conducted, the address of the business and the registration number for the garage.

      2.  A certificate of registration is valid for 1 year after the date of issuance. A garage operator may renew his or her registration by submitting to the Department:

      (a) An application for renewal on a form provided by the Department; and

      (b) Except as otherwise provided in NRS 487.560, the fee for renewal set forth in that section.

      (Added to NRS by 1997, 1370; A 1999, 1899; 2001, 969; 2007, 3413)

      NRS 487.5653  Certificate of registration to operate garage: Temporary suspension of or refusal to renew; notice and hearing.  If the Director finds that the action is necessary in the public interest, the Director may, upon notice to the garage operator, temporarily suspend or refuse to renew the certificate of registration to operate a garage for not more than 30 days. The Department shall conduct a hearing and issue a final decision on the matter within 30 days after it sends notice to the garage operator of the temporary suspension.

      (Added to NRS by 2003, 1911)

      NRS 487.5657  Hearings: Issuance of subpoenas.  In any hearing conducted by the Department concerning the registration of a garage, the Director may issue subpoenas for the attendance of witnesses and the production of evidence.

      (Added to NRS by 2003, 1911)

      NRS 487.567  Garage operator prohibited from enforcing lien or suing on contract for cost of repairs if garage operator fails to obtain or renew certificate of registration to operate garage or fails to maintain required bond.  A garage operator who knowingly fails to obtain a certificate of registration pursuant to the provisions of NRS 487.560 or to renew that registration pursuant to the provisions of NRS 487.565 or maintain in continuous effect the bond required pursuant to the provisions of NRS 487.563 may not:

      1.  Enforce a lien for the cost of repairs made by the garage operator to a motor vehicle during the period in which the garage operator failed to obtain or renew the certificate of registration or maintain the bond in continuous effect; or

      2.  Sue on any contract for those repairs made during that period.

      (Added to NRS by 1999, 1896)

Body Shops

      NRS 487.600  Definitions.  As used in NRS 487.600 to 487.687, inclusive, unless the context otherwise requires, the words and terms defined in NRS 487.604, 487.606 and 487.608 have the meanings ascribed to them in those sections.

      (Added to NRS by 1987, 1597; A 1989, 2043; 1993, 2347; 2007, 407, 3431; 2009, 2535, 2706)

      NRS 487.604  “Class A certificate” defined.  “Class A certificate” means a certificate issued to a licensed body shop that has been granted Class A certification status with the Department pursuant to NRS 487.652.

      (Added to NRS by 2007, 3429)

      NRS 487.606  “Class A certification” defined.  “Class A certification” means a designation granted to a licensed body shop by the Department indicating that the body shop meets the criteria set forth in NRS 487.652 and any criteria established in regulations adopted pursuant to NRS 487.654.

      (Added to NRS by 2007, 3429)

      NRS 487.608  “Garagekeepers’ insurance” defined.  “Garagekeepers’ insurance” means insurance which protects an operator of a body shop against liability for damage to a vehicle in the care, custody or control of the body shop.

      (Added to NRS by 2007, 3429)

      NRS 487.610  Unlawful to operate body shop without license; investigation of applicant.

      1.  No person may operate a body shop without first applying for and obtaining a license to do so from the Department.

      2.  The Department shall investigate any applicant for a license to operate a body shop and report the results of its investigation on a form provided by the Department.

      (Added to NRS by 1987, 1597)

      NRS 487.615  Licensed operator of body shop may operate or move unregistered vehicle on highways under certain conditions.

      1.  Any licensed operator of a body shop who owns or controls any vehicle of a type required to be registered pursuant to the laws of this State may operate or move that vehicle upon the highways without subjecting the vehicle to registration if the operation or movement is for the sole purpose of moving the vehicle:

      (a) From its location to the established place of business of the licensee; or

      (b) From the place of business of the licensee to the established place of business of a person with whom the licensee has contracted for the performance of specialized repairs.

      2.  The operator shall obtain license plates from the Department for the movement of such vehicles. The fees charged for such plates must be the same as those fees listed in NRS 482.490.

      (Added to NRS by 1989, 2043)

      NRS 487.620  Operator of body shop to maintain established place of business and affix legible sign containing name of business.  An operator of a body shop shall:

      1.  Maintain an established place of business in this State which includes a permanent enclosed building owned in fee or leased by the operator with sufficient space to conduct safely the operations of the body shop.

      2.  At each of the operator’s established places of business, permanently affix a sign containing the name of the business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway, except that the lettering must be at least 8 inches high and formed by lines that are at least 1-inch wide.

      (Added to NRS by 1987, 1598; A 1997, 1517)

      NRS 487.630  License: Application; fee; issuance; contents; posting; inclusion of license number in certain documents; expiration; renewal. [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.]

      1.  An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The application must include the social security number of the applicant and must be accompanied by such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

      2.  The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      3.  Upon receipt of the application and the statement required pursuant to NRS 487.003 and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

      4.  Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on April 30 of each year.

      6.  A licensee may renew his or her license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department;

      (b) The statement required pursuant to NRS 487.003;

      (c) Evidence satisfactory to the Department that the licensee has completed and electronically submitted, within 60 days immediately preceding the date of the submission of the application for renewal, the survey required pursuant to NRS 487.685; and

      (d) The fee for renewal of a license provided in subsection 2.

      (Added to NRS by 1987, 1598; A 1989, 1002, 2024; 1991, 1779; 1997, 148, 1373, 1376, 1517, 2081; 2007, 407, 1233)

      NRS 487.630  License: Application; fee; issuance; contents; posting; inclusion of license number in certain documents; expiration; renewal. [Effective on 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.]

      1.  An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The application must be accompanied by such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

      2.  The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      3.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

      4.  Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on April 30 of each year.

      6.  A licensee may renew his or her license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department;

      (b) Evidence satisfactory to the Department that the licensee has completed and electronically submitted, within 60 days immediately preceding the date of the submission of the application for renewal, the survey required pursuant to NRS 487.685; and

      (c) The fee for renewal of a license provided in subsection 2.

      (Added to NRS by 1987, 1598; A 1989, 1002, 2024; 1991, 1779; 1997, 148, 1373, 1376, 1517, 2081; 1999, 457; 2007, 407, 1233, 1234, effective on 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 487.640  Bond: Requirement; amount; application for compensation; deposits in lieu of bond.

      1.  No license may be issued to an operator of a body shop until the operator procures and files with the Department a good and sufficient bond in the amount of $10,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant shall conduct business as an operator of a body shop without fraud or fraudulent representation, and in compliance with the provisions of NRS 487.530 to 487.690, inclusive. The Department may, by agreement with any operator of a body shop who has been licensed by the Department for 5 years or more, allow a reduction in the amount of the bond of the operator, if the business of the operator has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $1,000.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the operator of the body shop in violation of any of the provisions of NRS 487.530 to 487.690, inclusive, may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an operator of a body shop may deposit with the Department, under the terms prescribed by the Department:

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or

      (b) A savings certificate of a bank, credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) An order of a court requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he or she is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the Department pursuant to subsection 4 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      (Added to NRS by 1987, 1598; A 1989, 2043; 1993, 2347; 1999, 1505; 2007, 3413; 2009, 2535, 2707)

      NRS 487.650  Denial, suspension or revocation of license or refusal to renew: Grounds; disclosure of financial records.

      1.  The Department may refuse to issue a license or may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:

      (a) Failure of the applicant or licensee to have or maintain an established place of business in this State.

      (b) Conviction of the applicant or licensee or an employee of the applicant or licensee of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (c) Any material misstatement in the application for the license.

      (d) Willful failure of the applicant or licensee to comply with the motor vehicle laws of this State and NRS 487.530 to 487.690, inclusive.

      (e) Failure or refusal by the licensee to pay or otherwise discharge any final judgment against the licensee arising out of the operation of the body shop.

      (f) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 2.

      (g) A finding of guilty or guilty but mentally ill by a court of competent jurisdiction in a case involving a fraudulent inspection, purchase, sale or transfer of a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      (h) An improper, careless or negligent inspection of a salvage vehicle pursuant to NRS 487.800 by the applicant or licensee or an employee of the applicant or licensee.

      (i) A false statement of material fact in a certification of a salvage vehicle pursuant to NRS 487.800 or a record regarding a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      (j) The display of evidence of unfitness for a license pursuant to NRS 487.165.

      2.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a body shop, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.600 to 487.687, inclusive, or to determine the suitability of an applicant or a licensee for licensure.

      3.  As used in this section, “salvage vehicle” has the meaning ascribed to it in NRS 487.770.

      (Added to NRS by 1987, 1599; A 1989, 2045; 1997, 148; 2003, 1919; 2007, 225, 1459, 3231, 3415, 3431; 2009, 2537, 2708)

      NRS 487.652  Class A certification: Eligibility.  To be eligible for Class A certification, a licensed body shop must:

      1.  Comply with local zoning laws and possess all required local, state and federal licenses and permits.

      2.  Possess garagekeepers’ and workers’ compensation insurance.

      3.  Provide employees with continuing education and training in subjects and for periods of time as prescribed by regulation.

      4.  Have the ability to:

      (a) Obtain proper specifications for each vehicle being repaired;

      (b) Make three-dimensional measurements that are verified by a computer of each vehicle being repaired; and

      (c) Hoist a vehicle for inspection.

      5.  Perform a wide range of services for vehicles being repaired, including, without limitation:

      (a) Alignment of the wheels of a vehicle that is verified by a computer;

      (b) Stabilization of a vehicle through the use of a four-point anchoring system;

      (c) Simultaneous adjustment of the exterior and undercarriage of a vehicle;

      (d) Removal and reinstallation of a frame, suspension, engine or drivetrain component;

      (e) Painting the exterior of a vehicle with a system for applying paint that provides a finish similar to the finish applied by the manufacturer;

      (f) Inspection of airbags and other occupant restraint devices to the specifications of the manufacturer; and

      (g) Welding, by a certified technician, with a gas metal arc welder or an inverter welder, as appropriate.

      6.  Adhere to current federal, state and local safety requirements by:

      (a) Performing repairs on an air-conditioning system using equipment approved by the United States Environmental Protection Agency;

      (b) Performing repairs with emission-reducing equipment, as prescribed by regulation;

      (c) Performing repairs with equipment that meets all safety requirements as prescribed by regulation; and

      (d) Disposing of hazardous waste as prescribed by regulation.

      7.  Ensure customer satisfaction by providing to each customer:

      (a) A computer-generated estimate of repairs; and

      (b) A written, limited lifetime warranty that is valid against workmanship defects.

      8.  Have a system for documenting and maintaining customer complaints and responses to service.

      (Added to NRS by 2007, 3429)

      NRS 487.654  Class A certification: Regulations.

      1.  The Department shall adopt regulations establishing the requirements for continuing education and training required by subsection 3 of NRS 487.652.

      2.  The Department may adopt such regulations as it deems necessary to carry out the provisions of this section and NRS 487.652 and 487.656.

      (Added to NRS by 2007, 3430)

      NRS 487.656  Class A certification: Application; inspection; fee; issuance and renewal; contents of certificate; expiration.

      1.  An application for a Class A certification or for the renewal of such a certification must be filed with the Department upon forms supplied by the Department. The application must be accompanied by such proof as the Department requires to demonstrate that the applicant is in compliance with all criteria set forth in NRS 487.652 and any regulations adopted pursuant thereto.

      2.  Before a Class A certificate is issued to a licensed body shop, the Department must inspect the body shop to ensure that the body shop meets or exceeds the requirements set forth in NRS 487.652 and any regulations adopted pursuant thereto.

      3.  The Department shall notify a licensed body shop at least 72 hours before an inspection is performed pursuant to subsection 2.

      4.  The Department shall charge an application fee of $300 for the issuance or renewal of a Class A certificate which must be submitted with the application. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      5.  Upon receipt of the application and the required fee, and when satisfied that the applicant meets or exceeds the requirements set forth in NRS 487.652 and any regulations adopted pursuant thereto, the Department must issue to the licensed body shop a Class A certificate or renew such certification. The certificate must contain the name and the address of the licensed body shop and the name of the operator of the licensed body shop.

      6.  A Class A certificate expires on April 30 of each year.

      (Added to NRS by 2007, 3430)

      NRS 487.660  Temporary suspension of or refusal to renew license or Class A certificate; notice; hearing; regulations; automatic revocation of Class A certificate under certain circumstances.

      1.  If the Director finds that the action is necessary in the public interest, upon notice to the licensee, the Director may:

      (a) Temporarily suspend or refuse to renew the license to operate a body shop for not more than 30 days.

      (b) Temporarily suspend or refuse to renew a Class A certificate of a licensed body shop for not more than 30 days.

      2.  The Department shall conduct a hearing and issue a final decision on the matter within 30 days after it sends notice of the temporary suspension of a license or a Class A certificate, or both.

      3.  The Department shall adopt regulations:

      (a) Prescribing the circumstances under which the Department may suspend or refuse to renew a Class A certificate; and

      (b) Providing an appeals process for an operator of a licensed body shop whose Class A certificate has been suspended or has not been renewed.

      4.  A Class A certificate must be automatically revoked by the Department if the license to operate the body shop is suspended or revoked pursuant to NRS 487.650.

      (Added to NRS by 1987, 1599; A 2007, 3432)

      NRS 487.670  Subpoenas.  In any hearing conducted by the Department concerning the licensing of body shops, the Director may issue subpoenas for the attendance of witnesses and the production of evidence.

      (Added to NRS by 1987, 1600)

      NRS 487.680  Licensee to inform Department of changes concerning operation of body shop; books and records.

      1.  Any person licensed to operate a body shop shall inform the Department of the location of each place at which the person conducts business and the name under which the person does business at each location.

      2.  If a licensee does business at more than one location, the licensee shall designate one location as his or her principal place of business.

      3.  If a licensee changes the name or location of any of his or her established places of business, the licensee shall notify the Department of the change within 10 days after the change.

      4.  Every licensee shall keep his or her books and records at his or her principal place of business and shall permit any authorized agent of the Director to inspect them during usual business hours. The records must include the year, make, model and identification number of each motor vehicle which the body shop repairs, and the source of the parts purchased or otherwise acquired for the repair of each vehicle.

      (Added to NRS by 1987, 1600)

      NRS 487.685  On-line survey: Completion by body shop; form; contents; availability to public.

      1.  A body shop licensed in this State must complete an on-line survey within 60 days immediately preceding the date of the submission of the application for renewal of the license of the body shop.

      2.  The Department shall conduct the survey by providing a form on its website or other Internet site to be completed by each body shop and submitted electronically to the Department.

      3.  Each survey must include, without limitation:

      (a) The name and address of the body shop;

      (b) The labor rate charged by the body shop;

      (c) The vehicle storage rate charged by the body shop, if any, both for indoor storage and outdoor storage, if those rates differ; and

      (d) Any other information the Department deems necessary.

      4.  The information obtained from each survey must be available to the public on-line not more than 30 days after the renewal of the body shop’s license.

      (Added to NRS by 2007, 406; A 2013, 1977)

      NRS 487.686  On-line survey: Compilation of results; contents of report; availability to public.

      1.  The Department must compile the results of each survey completed pursuant to NRS 487.685 in a report which must be made available to the public on-line. The report must include, without limitation:

      (a) The names and addresses of all body shops that complete the survey;

      (b) For body shops in a specific geographic area as established by the Department:

             (1) The prevailing labor rate;

             (2) The prevailing indoor vehicle storage rate; and

             (3) The prevailing outdoor vehicle storage rate; and

      (c) Any other information the Department deems necessary.

      2.  As used in this section:

      (a) “Prevailing indoor vehicle storage rate” means the average daily charge for storing a motor vehicle indoors, as reported in the survey for a specific geographic area.

      (b) “Prevailing labor rate” means the average labor rate, as reported in the survey for a specific geographic area.

      (c) “Prevailing outdoor vehicle storage rate” means the average daily charge for storing a motor vehicle outdoors, as reported in the survey for a specific geographic area.

      (Added to NRS by 2007, 406; A 2013, 1977)

      NRS 487.687  Verification of licensure by way of Internet.  The Department shall provide a method on its website or other Internet site by which a person may verify the license of a body shop.

      (Added to NRS by 2007, 407)

Storage of Vehicles

      NRS 487.68701  Imposition of reasonable charge authorized; exceptions; hearing regarding relief from limitation on charge.

      1.  Except as otherwise provided in NRS 487.6881, a body shop may impose a reasonable charge for storage of a motor vehicle that is in the possession of the body shop except that no such charge may be imposed:

      (a) For any day when the motor vehicle is being repaired, inspected, test driven or otherwise worked on by the body shop;

      (b) For any day when the motor vehicle is being inspected, test driven or otherwise worked on by the insurer of the motor vehicle or by the body shop at the request of the insurer of the vehicle;

      (c) For 24 hours after the person who authorized the repair of the motor vehicle has been notified that the repairs are completed; and

      (d) For any day that the motor vehicle is not being repaired, inspected, test driven or otherwise worked on due to a delay caused by anyone other than the owner of the motor vehicle, except that if the delay is due to the failure of the insurer to respond to a request by the body shop for inspection, authorization or other service by the insurer, a storage charge may be imposed 24 hours after the body shop made the request of the insurer.

      2.  Except as otherwise provided in subsection 3, the rate charged by a body shop for storage of a motor vehicle pursuant to subsection 1 shall be deemed reasonable if it does not exceed an amount equal to one and one-half times the prevailing storage rates for the specific geographic area in which the body shop is located, as made available to the public pursuant to NRS 487.686.

      3.  A body shop that wishes to impose a charge for storage of a motor vehicle which exceeds the amount allowable pursuant to subsection 2 may petition the Department in writing for a hearing. The Department shall conduct a hearing within 30 days after receipt of the petition, or as soon thereafter as is practicable, which, if practicable, must be conducted in the county where the body shop is located. The scope of the hearing must be limited to evidence presented by the body shop of good cause to impose a charge for storage of a motor vehicle which exceeds the amount otherwise allowable pursuant to subsection 2. The hearing officer shall render his or her determination not later than 10 days after the date of the hearing. The decision of the hearing officer pursuant to this subsection is a final decision for purposes of judicial review.

      (Added to NRS by 2013, 1975)

      NRS 487.68703  Duties of body shop if motor vehicle towed at request of someone other than owner.

      1.  If a motor vehicle is towed to a body shop at the request of someone other than the registered owner of the motor vehicle, the body shop shall use all resources reasonably necessary, as evidenced by written documentation, to obtain the identity of the owner and any other necessary information from the agency charged with the registration of the motor vehicle in this or any other state and:

      (a) Notify the registered owner of the location of the vehicle.

      (b) Provide the registered owner with the information required pursuant to NRS 487.6874.

      2.  Any charge imposed for storage of a motor vehicle pursuant to this section must meet the requirements of NRS 487.68701.

      (Added to NRS by 2013, 1976)

Automotive Repairs

      NRS 487.6871  Display of sign by garage operator and body shop required; penalty.

      1.  Each garage operator shall display conspicuously in those areas of his or her place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

 

STATE OF NEVADA

 

REGISTERED GARAGE

 

THIS GARAGE IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES

 

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS AS A CUSTOMER IN NEVADA:

 

YOU have the right to receive repairs from a business that is REGISTERED with the Department of Motor Vehicles that will ensure the proper repair of your vehicle. (NRS 487.6871)

 

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (NRS 487.6875)

 

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 487.6871)

 

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 487.6883)

 

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 487.6883)

 

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (NRS 487.6877)

 

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle. (NRS 487.6893)

 

FOR MORE INFORMATION PLEASE CONTACT:

 

THE DEPARTMENT OF MOTOR VEHICLES

 

      2.  Each body shop shall display conspicuously in those areas of its place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

 

STATE OF NEVADA

 

LICENSED BODY SHOP

 

THIS BODY SHOP IS LICENSED BY THE DEPARTMENT OF MOTOR VEHICLES

 

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS AS A CUSTOMER IN NEVADA:

 

YOU have the right to receive repairs from a business that is LICENSED with the Department of Motor Vehicles that will ensure the proper repair of your vehicle. (NRS 487.6871)

 

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50 and, if any, the rate of and circumstances under which you will be charged more than $50 for the storage of your vehicle. (NRS 487.6875)

 

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 487.6871)

 

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 487.6883)

 

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 487.6883)

 

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (NRS 487.6877)

 

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle and for storage of your vehicle, if applicable. (NRS 487.6893)

 

FOR MORE INFORMATION PLEASE CONTACT:

 

THE DEPARTMENT OF MOTOR VEHICLES

 

      3.  The sign required pursuant to the provisions of subsection 1 or 2 must include a replica of the Great Seal of the State of Nevada. The Seal must be 2 inches in diameter and be centered on the face of the sign directly above the words “STATE OF NEVADA.”

      4.  The sign required pursuant to the provisions of subsection 1 or 2 must also include the words “The Compliance Enforcement Division of the Department of Motor Vehicles can be reached at,” followed by the Internet address of the Compliance Enforcement Division and the telephone number of the nearest office of the Compliance Enforcement Division.

      5.  Any person who violates the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 2009, 2528, 2699; A 2013, 1978)

      NRS 487.6873  Duties of body shop or garage operator on acceptance of vehicle for repair.  Whenever any body shop or garage operator accepts or assumes control of a motor vehicle for the purpose of making or completing any repair, the body shop or garage operator shall comply with the provisions of NRS 487.68701, 487.68703 and 487.6873 to 487.6893, inclusive.

      (Added to NRS by 2009, 2530, 2701; A 2013, 1980)

      NRS 487.6874  Duty of body shop or garage operator to inform certain persons of types of payment accepted.

      1.  A body shop or garage operator, as applicable, must inform a person regarding the types of payment the body shop or garage accepts:

      (a) If the person is a prospective customer or customer, before the prospective customer or customer authorizes the body shop or garage operator to perform repair work on his or her vehicle; and

      (b) In the specific instance of a body shop, if the:

             (1) Person is the registered owner of the vehicle;

             (2) Vehicle is towed to the body shop at the request of someone other than the registered owner of the motor vehicle; and

             (3) Body shop notifies the registered owner of the location of the vehicle,

Ê as required pursuant to NRS 487.68703.

      2.  The information required to be provided pursuant to subsection 1:

      (a) Must be in writing;

      (b) May be incorporated into a form already used by the body shop or garage operator for another purpose, including, without limitation, a form used to authorize repairs or estimate the cost of repairs or storage; and

      (c) Must set forth, without limitation:

             (1) Whether the body shop or garage provides the service of directly billing an insurance company for any payment due;

             (2) Whether the body shop or garage accepts only cash as payment;

             (3) Whether the body shop or garage accepts credit or debit cards;

             (4) If the body shop or garage accepts credit or debit cards, or both:

                   (I) The brand or type of such cards the body shop or garage accepts; and

                   (II) Whether the body shop or garage imposes a fee or surcharge for the use of a credit or debit card;

             (5) Whether the body shop or garage accepts personal checks or travelers’ checks; and

             (6) If the body shop or garage does not accept only cash as payment, whether the body shop or garage offers a discount for making payment in the form of cash.

      (Added to NRS by 2013, 1976)

      NRS 487.6875  Estimate of costs required for certain repairs.

      1.  Except as otherwise provided in NRS 487.6879, a person requesting or authorizing the repair of a motor vehicle that is more than $50 must be furnished a written estimate or statement signed by the person making the estimate or statement on behalf of the body shop or garage operator indicating the total charge for the performance of the work necessary to accomplish the repair, including the charge for labor and all parts and accessories necessary to perform the work.

      2.  If the estimate is for the purpose of diagnosing a malfunction, the estimate must include the cost of:

      (a) Diagnosis and disassembly; and

      (b) Reassembly, if the person does not authorize the repair.

      3.  In an estimate furnished pursuant to subsection 1, a body shop shall include, if any, the rate of and circumstances under which the person requesting or authorizing the repair would incur a charge for storage that exceeds $50.

      4.  The provisions of this section do not require a body shop or garage operator to reassemble a motor vehicle if the body shop or garage operator determines that the reassembly of the motor vehicle would render the vehicle unsafe to operate.

      (Added to NRS by 2009, 2530, 2701; A 2013, 1980)

      NRS 487.6877  Notice of additional charges over estimate required in certain cases.  Except as otherwise provided in NRS 487.6879, if it is determined that additional charges are required to perform the repair authorized, and those additional charges exceed, by 20 percent or $100, whichever is less, the amount set forth in the estimate or statement required to be furnished pursuant to the provisions of NRS 487.6875, the body shop or garage operator shall notify the owner and insurer of the motor vehicle of the amount of those additional charges.

      (Added to NRS by 2009, 2530, 2701)

      NRS 487.6879  Waiver of estimate of costs or notice of additional charges; execution of waiver.  The person authorizing the repairs may waive the estimate or statement required pursuant to the provisions of NRS 487.6875 or the notification required by NRS 487.6877 by executing a written waiver of that requirement or notification. The waiver must be executed by the person authorizing the repairs at the time the person authorizes those repairs.

      (Added to NRS by 2009, 2531, 2702)

      NRS 487.688  Body shop or garage to repair vehicle in accordance with manufacturer’s specifications and written estimate or statement of cost of repairs.  If a body shop or garage performs repairs on a motor vehicle, the body shop or garage shall perform the repairs in accordance with any specifications of the manufacturer of the motor vehicle and the written estimate or statement of the cost of the repairs that is most recently agreed upon by the body shop or garage and the person authorizing repairs.

      (Added to NRS by 2009, 2531, 2702)

      NRS 487.6881  Duties of owner and insurer upon notification of additional charges.

      1.  An owner and the insurer of a motor vehicle who have been notified of additional charges pursuant to NRS 487.6877 shall:

      (a) Authorize the performance of the repair at the additional expense; or

      (b) Without delay, and upon payment of the authorized charges, take possession of the motor vehicle.

      2.  Until the election provided for in subsection 1 has been made, the body shop or garage operator shall not undertake any repair which would involve such additional charges.

      3.  If the owner or insurer of the motor vehicle elects to take possession of the motor vehicle but fails to take possession within a 24-hour period after the election:

      (a) The garage operator may charge for storage of the motor vehicle.

      (b) The body shop may impose a reasonable charge for storage of the motor vehicle in accordance with the provisions of NRS 487.68701.

      (Added to NRS by 2009, 2531, 2702; A 2013, 1980)

      NRS 487.6883  Replaced parts to be delivered to person authorizing repairs if requested; exception.

      1.  Whenever the repair work performed on a motor vehicle requires the replacement of any parts or accessories, the body shop or garage operator shall, at the request of the person authorizing the repairs or any person entitled to possession of the motor vehicle, deliver to the person all parts and accessories replaced as a result of the work done.

      2.  The provisions of subsection 1 do not apply to parts or accessories which must be returned to a manufacturer or distributor under a warranty arrangement or which are subject to exchange, but the customer, on request, is entitled to be shown the warranty parts for which a charge is made.

      (Added to NRS by 2009, 2531, 2702)

      NRS 487.6885  Records to be retained by body shop or garage operator.  The body shop or garage operator shall retain copies of any estimate, statement or waiver required by NRS 487.6875 to 487.6893, inclusive, as an ordinary business record of the body shop or garage, for a period of not less than 1 year after the date the estimate, statement or waiver is signed.

      (Added to NRS by 2009, 2531, 2702)

      NRS 487.6887  Garage operator to comply with NRS 487.6875 to 487.6893, inclusive; enforcement of liens and contracts.  In every instance where charges are made for the repair of a motor vehicle by a garage operator, the garage operator making the repairs shall comply with the provisions of NRS 487.6875 to 487.6893, inclusive. A garage operator is not entitled to detain a motor vehicle by virtue of any common law or statutory lien, or otherwise enforce such a lien, or to sue on any contract for repairs made by the garage operator unless he or she has complied with the requirements of NRS 487.6875 to 487.6893, inclusive.

      (Added to NRS by 2009, 2531, 2702)

      NRS 487.6889  Certain acts deemed to be deceptive trade practice.  A person shall be deemed to be engaged in a “deceptive trade practice” if, in the course of his or her business or occupation, the person:

      1.  Engages in any deceptive trade practice, as defined in NRS 598.0915 to 598.0925, inclusive, that involves the repair of a motor vehicle; or

      2.  Engages in any other acts prescribed by the Director by regulation as a deceptive trade practice.

      (Added to NRS by 2009, 2531, 2702)

      NRS 487.689  Director authorized to request undercover investigation of alleged deceptive trade practice; Bureau of Consumer Protection authorized to conduct such investigation.

      1.  The Director may request an undercover investigation of a person who is allegedly engaging in a deceptive trade practice or violating the provisions of NRS 487.6871 to 487.6897, inclusive.

      2.  The Bureau of Consumer Protection in the Office of the Attorney General may conduct an undercover investigation of a person who is allegedly engaging in a deceptive trade practice or violating the provisions of NRS 487.6871 to 487.6897, inclusive, on its own motion or upon a request received pursuant to subsection 1. Nothing in this subsection requires the Bureau to conduct an undercover investigation.

      (Added to NRS by 2009, 2532, 2703)

      NRS 487.6891  Administrative fine for engaging in deceptive trade practice; deposit and use of money collected as administrative fine.

      1.  In addition to any other penalty, the Director may impose an administrative fine of not more than $10,000 against any person who engages in a deceptive trade practice as set forth in NRS 487.6889. The Director shall provide to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the Director pursuant to this section must be deposited with the State Treasurer to the credit of the State Highway Fund.

      3.  The administrative remedy provided in this section is not exclusive and is intended to supplement existing law. The provisions of this section do not deprive a person injured by a deceptive trade practice from resorting to any other legal remedy.

      (Added to NRS by 2009, 2532, 2703)

      NRS 487.6893  Statement of charges required for repair and storage of vehicle; violation constitutes misdemeanor; statement required for enforcement of lien.

      1.  If charges are made for the repair of a motor vehicle, the garage operator or body shop making the charges shall present to the person authorizing repairs or the person entitled to possession of the motor vehicle a statement of the charges setting forth the following information:

      (a) The name and signature of the person authorizing repairs;

      (b) A statement of the total charges;

      (c) An itemization and description of all parts used to repair the motor vehicle indicating the charges made for labor;

      (d) In the case of a garage operator, a description of all other charges; and

      (e) In the case of a body shop, a description of all other charges, including, without limitation, charges, if any, for storage of the motor vehicle.

      2.  Any person violating this section is guilty of a misdemeanor.

      3.  In the case of a motor vehicle registered in this State, no lien for labor or materials provided under NRS 108.265 to 108.367, inclusive, may be enforced by sale or otherwise unless a statement as described in subsection 1 has been given by delivery in person or by certified mail to the last known address of the registered owner and the legal owner of the motor vehicle. In all other cases, the notice must be made to the last known address of the registered owner and any other person known to have or to claim an interest in the motor vehicle.

      (Added to NRS by 2009, 2532, 2703; A 2013, 1981)

      NRS 487.6895  Violations: Injunctive relief.  The Attorney General or any district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada on the complaint of the Director, or of any person allegedly aggrieved by a violation of the provisions of NRS 487.68701, 487.68703 and 487.6874 to 487.6893, inclusive, to enjoin any violation of the provisions of NRS 487.68701, 487.68703 and 487.6874 to 487.6893, inclusive.

      (Added to NRS by 2009, 2533, 2704; A 2013, 1981)

      NRS 487.6897  Violations: Civil penalty.  Any person who knowingly violates any provision of NRS 487.68701, 487.68703 and 487.6873 to 487.6893, inclusive, is liable, in addition to any other penalty or remedy which may be provided by law, to a civil penalty of not more than $500 for each offense, which may be recovered by civil action on complaint of the Director or the district attorney.

      (Added to NRS by 2009, 2533, 2704; A 2013, 1981)

Unlawful Acts; Penalty

      NRS 487.690  Penalty.  Any person who violates any of the provisions of NRS 487.530 to 487.690, inclusive, is guilty of a misdemeanor.

      (Added to NRS by 1989, 2043; A 2007, 3432; 2009, 2538, 2709; 2013, 1981)

REPAIRS; REBUILT VEHICLES; SALVAGE VEHICLES; TOTAL LOSS VEHICLES; NONREPAIRABLE VEHICLES

      NRS 487.710  Definitions.  As used in NRS 487.710 to 487.890, inclusive, unless the context otherwise requires, the words and terms defined in NRS 487.720 to 487.790, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 1908; A 2005, 1244; 2007, 1234; 2011, 1663)

      NRS 487.720  “Cost of repair” defined.  “Cost of repair” means the cost to repair a vehicle, which is established pursuant to NRS 487.890.

      (Added to NRS by 2003, 1909)

      NRS 487.725  “Electronic components” defined.  “Electronic components” means major electrical or electronic items or parts within a motor vehicle, including, without limitation:

      1.  Computer control modules for the:

      (a) Engine of the vehicle;

      (b) Air-conditioning systems and parts thereof;

      (c) Traction control systems and parts thereof;

      (d) Antilock braking systems and parts thereof;

      (e) Electrical or electronic items used to power or propel a hybrid vehicle;

      (f) Wiring harnesses; or

      (g) Supplemental restraint systems; and

      2.  Any other major electrical item or part declared by regulation of the Department to be an electronic component.

      (Added to NRS by 2011, 1658)

      NRS 487.730  “Fair market value” defined.  “Fair market value” means the retail value of a motor vehicle that is established by:

      1.  An objective motor vehicle appraisal based upon local market resources, including, without limitation, automobile dealers and classified advertisements of newspapers;

      2.  An independent appraisal service;

      3.  A current issue of a nationally recognized guide used by financial institutions in this State for the valuation of used motor vehicles; or

      4.  A computer-based service commonly used by the insurance industry for the valuation of used motor vehicles.

      (Added to NRS by 2003, 1909)

      NRS 487.740  “Flood-damaged vehicle” defined.  “Flood-damaged vehicle” means a motor vehicle which:

      1.  Has been submerged in water to a point that the level of the water is higher than the door sill of the vehicle and the water has entered the passenger, trunk or engine compartment of the vehicle and has come into contact with the electrical system of the vehicle; or

      2.  Has been acquired by an insurance company or retained by its owner or any other person as part of a total loss settlement resulting from water damage.

      (Added to NRS by 2003, 1909)

      NRS 487.750  “Motor vehicle” defined.  “Motor vehicle” has the meaning ascribed to it in NRS 482.075.

      (Added to NRS by 2003, 1909)

      NRS 487.760  “Nonrepairable vehicle” defined.  “Nonrepairable vehicle” means a motor vehicle other than an abandoned vehicle, as defined in NRS 487.210, that:

      1.  Has value only as a source of parts or scrap metal;

      2.  Has been designated by its owner for dismantling as a source of parts or scrap metal;

      3.  Has been stripped of all body panels, doors, hatches, substantially all interior components and substantially all grill and light assemblies; or

      4.  Has been burned, destroyed or otherwise damaged to such an extent that it cannot be returned to a condition which is legal for operation on the highways of this State.

      (Added to NRS by 2003, 1909)

      NRS 487.765  “Rebuilt vehicle” defined.  “Rebuilt vehicle” has the meaning ascribed to it in paragraph (b) of subsection 1 of NRS 482.098.

      (Added to NRS by 2005, 1244)

      NRS 487.770  “Salvage vehicle” defined.  “Salvage vehicle” means a motor vehicle that at any time has been declared a total loss vehicle, flood-damaged vehicle, nonrepairable vehicle or had “salvage” or a similar word or designation placed on any title issued for the vehicle.

      (Added to NRS by 2003, 1909)

      NRS 487.780  “Title” defined.  “Title” means a certificate of title or any other document issued by any state or country indicating the ownership of a motor vehicle.

      (Added to NRS by 2003, 1909)

      NRS 487.790  “Total loss vehicle” defined.

      1.  “Total loss vehicle” means a motor vehicle:

      (a) Of a type which is subject to registration; and

      (b) Which has been wrecked, destroyed or otherwise damaged to such an extent that the cost of repair is 65 percent or more of the fair market value of the vehicle immediately before it was wrecked, destroyed or otherwise damaged, except that, for the purposes of this paragraph, the cost of repair does not include the cost of:

             (1) Painting any portion of the vehicle;

             (2) Replacing electronic components in accordance with the specifications of the manufacturer; or

             (3) Towing the vehicle.

      2.  The term does not include:

      (a) A nonrepairable vehicle;

      (b) A motor vehicle which is 10 model years old or older and which, to restore the vehicle to its condition before it was wrecked, destroyed or otherwise damaged and regardless of cost, requires the replacement of only:

             (1) The hood;

             (2) The trunk lid;

             (3) A fender;

             (4) Two or fewer of the following parts or assemblies, which may be bolted or unbolted:

                    (I) Doors;

                   (II) A grill assembly;

                   (III) A bumper assembly;

                   (IV) A headlight assembly; or

                   (V) A taillight assembly; or

             (5) Any combination of subparagraph (1), (2), (3) or (4);

      (c) A motor vehicle, regardless of the age of the vehicle, for which the cost to repair the vehicle is less than 65 percent of the fair market value of the vehicle immediately before the vehicle was wrecked, destroyed or otherwise damaged, except that, for the purposes of this paragraph, the cost of repair does not include the cost of:

             (1) Painting any portion of the vehicle;

             (2) Replacing electronic components in accordance with the specifications of the manufacturer; or

             (3) Towing the vehicle; or

      (d) A motor vehicle that was stolen and subsequently recovered, if the motor vehicle:

             (1) Has no structural damage; and

             (2) Is missing only tires, wheels, audio or video equipment, or some combination thereof.

      3.  For the purposes of this section, the model year of manufacture is calculated based on a year beginning on January 1 of the calendar year in which the damage occurs.

      (Added to NRS by 1995, 1573; A 2003, 1911; 2005, 1245; 2011, 1663)

      NRS 487.795  Rebuilt vehicles: Prerequisites to registration; certificate of inspection.

      1.  A rebuilt vehicle may not be registered until it:

      (a) Has been inspected by a garage operator who operates a garage that is registered pursuant to NRS 487.560, by the owner of a body shop licensed pursuant to NRS 487.630 or by an employee of such a garage or body shop; and

      (b) Is certified pursuant to subsection 2 that the components which have been replaced have been installed properly and are functional and operate safely in accordance with the standards of the manufacturer.

      2.  If a garage operator or owner of a body shop, or an employee thereof, who performs an inspection pursuant to subsection 1 finds that the components replaced on a rebuilt vehicle have been installed properly and are functional and operate safely in accordance with the standards of the manufacturer, the garage operator, owner or employee shall complete and sign a certificate of inspection, on a form prescribed by the state agency, attesting to the fact that the replaced components have been installed properly and are functional and operate safely in accordance with the standards of the manufacturer.

      (Added to NRS by 2005, 1244)

      NRS 487.800  Salvage vehicles: Duties of insurance company and relinquishing owner; application for salvage title; sale of vehicle; rebuilt and restored vehicles; retention; exclusion of nonrepairable vehicles.

      1.  When an insurance company acquires a motor vehicle as a result of a settlement in which the motor vehicle is determined to be a salvage vehicle, the owner of the motor vehicle who is relinquishing ownership of the motor vehicle shall endorse the certificate of title of the motor vehicle and forward the endorsed certificate of title to the insurance company within 30 days after accepting the settlement from the insurance company. The insurance company or its authorized agent shall forward the endorsed certificate of title, together with an application for a salvage title or nonrepairable vehicle certificate, to the state agency within 180 days after receipt of the endorsed certificate of title.

      2.  If the owner of the motor vehicle who is relinquishing ownership does not provide the endorsed certificate of title to the insurance company within 30 days after accepting the settlement pursuant to subsection 1, the insurance company shall, within 180 days after the expiration of that 30-day period, forward an application for a salvage title or nonrepairable vehicle certificate to the state agency. The state agency shall issue a salvage title or nonrepairable vehicle certificate to the insurance company for the vehicle upon receipt of:

      (a) The application;

      (b) A motor vehicle inspection certificate signed by a representative of the Department or, as one of the authorized agents of the Department, by a peace officer, dealer, rebuilder, automobile wrecker, operator of a salvage pool or garage operator;

      (c) Documentation that the insurance company has made at least two written attempts by certified mail, return receipt requested, or by use of a delivery service with a tracking system, to obtain the endorsed certificate of title; and

      (d) Proof satisfactory to the state agency that the certificate of title was required to be surrendered to the insurance company as part of the settlement.

      3.  Except as otherwise provided in subsections 1 and 2, before any ownership interest in a salvage vehicle, except a nonrepairable vehicle, may be transferred, the owner or other person to whom the motor vehicle is titled:

      (a) If the person has possession of the certificate of title to the vehicle, shall forward the endorsed certificate of title, together with an application for salvage title to the state agency within 30 days after the vehicle becomes a salvage vehicle.

      (b) If the person does not have possession of the certificate of title to the vehicle and the certificate of title is held by a lienholder, shall notify the lienholder within 10 days after the vehicle becomes a salvage vehicle that the vehicle has become a salvage vehicle. The lienholder shall, within 30 days after receiving such notice, forward the certificate of title, together with an application for salvage title, to the state agency.

      4.  An insurance company or its authorized agent may sell a vehicle for which a total loss settlement has been made with the properly endorsed certificate of title if the total loss settlement resulted from the theft of the vehicle and the vehicle, when recovered, was not a salvage vehicle.

      5.  An owner who has determined that a vehicle is a total loss salvage vehicle may sell the vehicle with the properly endorsed certificate of title obtained pursuant to this section, without making any repairs to the vehicle, to a salvage pool, automobile auction, rebuilder, automobile wrecker or a new or used motor vehicle dealer.

      6.  Except with respect to a nonrepairable vehicle, if a salvage vehicle is rebuilt and restored to operation, the vehicle may not be licensed for operation, displayed or offered for sale, or the ownership thereof transferred, until there is submitted to the state agency with the prescribed salvage title, an appropriate application, other documents, including, without limitation, an affidavit from the state agency attesting to the inspection and verification of the vehicle identification number and the identification numbers, if any, for parts used to repair the motor vehicle and fees required, together with a certificate of inspection completed pursuant to NRS 487.860.

      7.  Except with respect to a nonrepairable vehicle, if a total loss insurance settlement between an insurance company and any person results in the retention of the salvage vehicle by that person, before the execution of the total loss settlement, the insurance company or its authorized agent shall:

      (a) Obtain, upon an application for salvage title, the signature of the person who is retaining the salvage vehicle;

      (b) Append to the application for salvage title the certificate of title to the motor vehicle or an affidavit stating that the original certificate of title has been lost; and

      (c) Apply to the state agency for a salvage title on behalf of the person who is retaining the salvage vehicle.

      8.  If the state agency determines that a salvage vehicle retained pursuant to subsection 6 is titled in another state or territory of the United States, the state agency shall notify the appropriate authority of that state or territory that the owner has retained the salvage vehicle.

      9.  A person who retains a salvage vehicle pursuant to subsection 7 may not transfer any ownership interest in the vehicle unless he or she has received a salvage title.

      (Added to NRS by 1963, 839; A 1979, 1230; 1987, 1603; 1991, 526; 1995, 1574; 2003, 471, 1914; 2007, 227; 2009, 1750)

      NRS 487.810  Salvage title: Issuance by state agency; contents; persons and entities to whom issued; documents required to be submitted with application; fee; title as prerequisite to transfer of ownership interest; certain authorities not conveyed by title; not to be issued for nonrepairable vehicle.

      1.  The state agency may issue a salvage title for a vehicle, which contains a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle, upon application, to:

      (a) The owner of the vehicle;

      (b) The person to whom the vehicle is titled;

      (c) An insurance company that acquires the vehicle as a salvage vehicle pursuant to subsection 1 of NRS 487.800; or

      (d) A lienholder who acquires title to the vehicle.

      2.  A properly endorsed title, together with a disclosure of mileage, as required pursuant to the provisions of 49 U.S.C. §§ 32701 et seq. and 49 C.F.R. § 580.5, must be submitted with the application for salvage title.

      3.  Within 2 days after receiving all necessary documents, the state agency shall issue a salvage title for the vehicle.

      4.  Except as otherwise provided in this subsection, the state agency shall charge and collect a fee of $10 for the issuance of a salvage title pursuant to this section. The state agency shall not charge a fee for the issuance of a salvage title to an automobile wrecker licensed in this State. Fees collected by the state agency pursuant to this subsection must be deposited with the State Treasurer for credit to the Revolving Account for the Issuance of Salvage Titles created by NRS 487.825.

      5.  Ownership interest in a salvage vehicle may not be transferred unless a salvage title has been issued by the state agency for the vehicle.

      6.  Possession of a salvage title does not entitle a person to dismantle, scrap, process or wreck any vehicle in this State unless the person holds a license issued pursuant to NRS 487.050.

      7.  The Department shall not issue a salvage title for a nonrepairable vehicle.

      (Added to NRS by 2003, 1911; A 2007, 1234)

      NRS 487.820  Salvage title: Procedure for acceptance of application if applicant unable to furnish certificates of title and registration; exception; prohibition on issuance of duplicate certificates of title or registration.

      1.  Except as otherwise provided in subsection 2 of NRS 487.800, if the applicant for a salvage title is unable to furnish the certificates of title and registration last issued for the vehicle, the state agency may accept the application, examine the circumstances of the case and require the filing of suitable affidavits or other information or documents. If satisfied that the applicant is entitled to a salvage title, the state agency may issue the salvage title.

      2.  No duplicate certificate of title or registration may be issued when a salvage title is applied for, and no fees are required for the affidavits of any stolen, lost or damaged certificate, or duplicates thereof, unless the vehicle is subsequently registered.

      (Added to NRS by 1963, 839; A 1979, 1230; 1987, 1603; 1999, 1921; 2003, 472, 1915; 2007, 229)

      NRS 487.825  Revolving Account for the Issuance of Salvage Titles: Creation; use of money; transfer of excess balance to State Highway Fund.

      1.  The Revolving Account for the Issuance of Salvage Titles is hereby created as a special account in the State Highway Fund.

      2.  The Department shall use the money in the Account only to pay the expenses relating to the issuance of salvage titles.

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

      (Added to NRS by 2007, 1231; A 2009, 1030)

      NRS 487.830  Transfer of interest in motor vehicle: Transferor to disclose in writing information as to status of vehicle as salvage, rebuilt or reconstructed; additional duties of transferor; criminal penalty.

      1.  Any person who transfers an interest in a motor vehicle in this State shall, before the transfer, disclose in writing to the transferee any information that the transferor knows or reasonably should know concerning whether the vehicle is a salvage vehicle, a rebuilt vehicle or a reconstructed vehicle, as that term is defined in NRS 482.100.

      2.  If the transferor is subject to any of the provisions of NRS 482.423 to 482.4245, inclusive, the transferor shall:

      (a) Make the disclosure required by subsection 1 before executing a contract of sale or a long-term lease;

      (b) Provide a copy of the disclosure to the transferee; and

      (c) Retain the written disclosure in his or her records for the period specified in NRS 482.3263.

      3.  A person who violates subsection 1 is guilty of obtaining property by false pretenses as provided in NRS 205.380.

      (Added to NRS by 2003, 1909; A 2007, 3415)

      NRS 487.840  Title: Removal or concealment of indicia of salvage vehicle or rebuilt vehicle prohibited; criminal penalties if violation committed with intent to defraud; restitution.

      1.  A person shall not remove, cause to be removed or conceal a marking on:

      (a) A salvage title or other title which indicates that the vehicle is a salvage vehicle; or

      (b) A certificate of title or other title for a rebuilt vehicle which indicates that the vehicle is a rebuilt vehicle.

      2.  A person who knowingly violates subsection 1 with the intent to defraud:

      (a) If the fair market value of the vehicle involved is $650 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) If the fair market value of the vehicle involved is less than $650, is guilty of a misdemeanor.

Ê In addition to any other penalty, the court shall order the person to pay restitution to the victim.

      (Added to NRS by 2003, 1910; A 2005, 1245; 2011, 176)

      NRS 487.850  Action for damages; attorney’s fees; remedy is in addition to other legal or equitable remedies.

      1.  A person who, with the intent to defraud, violates any provision of NRS 487.830 or 487.840 is liable to any purchaser or lessee of a motor vehicle who is harmed by that violation for:

      (a) Three times the amount of actual damages sustained by the purchaser or lessee;

      (b) Five thousand dollars; or

      (c) Actual damages sustained by the purchaser or lessee and such punitive damages as may be allowed by the court,

Ê whichever is greater.

      2.  If an action brought pursuant to subsection 1 is successful, the purchaser or lessee who brought the action is entitled to the costs of bringing the action and reasonable attorney’s fees, as determined by the court.

      3.  The remedy provided in this section is in addition to and is not a substitute for any other legal or equitable remedy available to a purchaser or lessee of a motor vehicle who is harmed by a violation of NRS 487.830 or 487.840.

      (Added to NRS by 2003, 1910)

      NRS 487.860  Inspection required before registration of vehicle for which salvage title was issued; exclusion of nonrepairable vehicles; certificate of inspection.

      1.  Except with respect to a nonrepairable vehicle, a vehicle for which a salvage title has been issued may not subsequently be registered until it has been inspected by a garage operator who operates a garage that is registered pursuant to NRS 487.560, by the owner of a body shop licensed pursuant to NRS 487.630, by a rebuilder licensed pursuant to NRS 482.325 or by a qualified employee of such a garage, body shop or rebuilder, and is certified to be in a safe mechanical condition and equipped with all safety equipment required by the manufacturer.

      2.  If a garage operator, an owner of a body shop or a rebuilder, or a qualified employee thereof, who performs an inspection pursuant to subsection 1 finds the vehicle to be in a safe mechanical condition and equipped with all safety equipment required by the manufacturer, the garage operator, owner of the body shop, rebuilder or qualified employee shall complete and sign a certificate of inspection, on a form prescribed by the state agency, attesting to the mechanical fitness and safety of the vehicle and to any mechanical or other work that was performed on the vehicle at the garage or body shop. The certificate of inspection must indicate that the motor vehicle has been repaired to the standards of the manufacturer and any safety equipment, including, without limitation, any occupant restraint devices, that were present in the vehicle at the time the vehicle was manufactured are present and operational to the specifications of the manufacturer.

      (Added to NRS by 1963, 840; A 1999, 1921; 2003, 1915; 2007, 3231)

      NRS 487.870  Removal of total loss salvage vehicle from State; penalty.

      1.  A person shall not remove a total loss salvage vehicle from this State to sell that vehicle unless the title has been forwarded to the state agency pursuant to subsection 1 of NRS 487.800.

      2.  A person who violates the provisions of this section:

      (a) If the value of the vehicle removed from this State is less than $650, is guilty of a misdemeanor.

      (b) If the value of the vehicle removed from this State is $650 or more, is guilty of a gross misdemeanor.

      (Added to NRS by 1995, 1573; A 2003, 473, 1917; 2011, 176)—(Substituted in revision for NRS 487.185)

      NRS 487.880  Nonrepairable vehicles: Requirements; prohibited acts.  A nonrepairable vehicle:

      1.  Must be processed as parts or scrap metal by a licensed automobile wrecker.

      2.  May not be rebuilt, reconstructed or restored for operation on the highways of this State.

      3.  Must be issued a certificate by the state agency which indicates that it is a nonrepairable vehicle before any ownership interest in the vehicle may be transferred.

      (Added to NRS by 2003, 1910; A 2011, 1664)

      NRS 487.890  Estimate of cost of repair of motor vehicle pursuant to NRS 487.800: Calculation; exclusion of certain costs.  An estimate of the cost of repair for a motor vehicle pursuant to NRS 487.800:

      1.  Must be calculated using the cost of the parts and labor required to restore the vehicle to the condition it was in immediately before it was wrecked, destroyed or otherwise damaged. The cost of parts and labor must be based on:

      (a) The current published actual retail price of original manufacturer equipment, retail price of new alternative equipment or the actual cost of used parts.

      (b) Rates for labor which are commonly charged in the community in which the repairs will be performed.

      2.  May not include any cost associated with:

      (a) Painting any portion of the vehicle;

      (b) Replacing electronic components in accordance with the specifications of the manufacturer; or

      (c) Towing the vehicle.

      (Added to NRS by 2003, 1910; A 2011, 1664)

PENALTIES

      NRS 487.990  Administrative fines; opportunity for hearing; deposit of fines collected; delegation of authority to impose and collect fines; injunctions and other remedies; enforcement proceedings.

      1.  The Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any rule, regulation or order adopted or issued pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  Except as otherwise provided in subsection 3, all administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the State General Fund.

      3.  The Department may delegate to a hearing officer or panel its authority to impose and collect administrative fines pursuant to subsection 1 and deposit the money collected with the State Treasurer for credit to the Motor Vehicle Fund.

      4.  In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      (Added to NRS by 1991, 756; A 1997, 1373; 2007, 1235)