NAC: CHAPTER 482A - AUTONOMOUS VEHICLES

[Rev. 9/10/2019 10:46:15 AM]

[NAC-482A Revised Date: 8-19]

CHAPTER 482A - AUTONOMOUS VEHICLES

GENERAL PROVISIONS

482A.001 Definitions.

482A.005 “Autonomous vehicle certification facility” defined.

482A.015 “Certificate of compliance” defined.

482A.050 Registration: Requirement for operation; proof of insurance; requirements for autonomous vehicle that is not fully autonomous.

482A.060 Confidentiality of documents and records submitted or obtained by Department; disclosure under certain circumstances.

TESTING AND OPERATION OF AUTONOMOUS VEHICLES

482A.104 Requirements for testing or operating vehicle upon highways of this State.

482A.110 Application for testing certificate and testing license plates; fees; duties of certificate holder.

LICENSE TO OPERATE AN AUTONOMOUS VEHICLE CERTIFICATION FACILITY

482A.200 “Licensee” defined.

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

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

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

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

482A.250 Unfitness of applicant.

482A.260 Grounds for denial, suspension, revocation or refusal to renew license; refusal to review subsequent application.

482A.270 Request for hearing on denial, suspension, revocation or refusal to renew license; procedure and conduct of hearing; temporary suspension or refusal to renew license if necessary and in public interest.

482A.280 Payment of child support: Required statement; grounds for denial of license; duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

482A.290 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

GENERAL PROVISIONS

NAC 482A.001 Definitions. (NRS 482A.100) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 482A.005 and 482A.015 have the meanings ascribed to them in those sections.

(Added to NAC by Dep’t of Motor Veh. by R134-15, eff. 6-28-2016; A by R136-17, 8-30-2018)

NAC 482A.005 “Autonomous vehicle certification facility” defined. (NRS 482A.100) “Autonomous vehicle certification facility” means a facility licensed pursuant to NAC 482A.220 to issue certificates of compliance.

(Added to NAC by Dep’t of Motor Veh. by R136-17, eff. 8-30-2018)

NAC 482A.015 “Certificate of compliance” defined. (NRS 482A.100) “Certificate of compliance” means a document which certifies that an autonomous vehicle or an automated driving system installed in an autonomous vehicle meets the applicable requirements of chapter 482A of NRS.

(Added to NAC by Dep’t of Motor Veh. by R136-17, eff. 8-30-2018)

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

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

NAC 482A.050 Registration: Requirement for operation; proof of insurance; requirements for autonomous vehicle that is not fully autonomous. (NRS 482A.100)

1. An autonomous vehicle must be registered before the autonomous vehicle may be operated on the highways of this State in the same manner and under the same circumstances as a vehicle which is not an autonomous vehicle which is required to be registered in this State pursuant to chapter 482 of NRS.

2. Before an autonomous vehicle may be registered in this State, the owner of the autonomous vehicle must submit to the Department, in addition to any other requirement set forth in chapter 482 or 482A of NRS for registering a vehicle:

(a) Proof that the person has obtained the insurance coverage required pursuant to NRS 485.185, and not an operator’s policy of liability insurance pursuant to NRS 485.186.

(b) Except as otherwise provided in subsection 3, for an autonomous vehicle which is not a fully autonomous vehicle, a signed affidavit, on a form prescribed by the Department, which states that the operator of the autonomous vehicle has been trained in the capabilities and limitations of the automated driving system in the autonomous vehicle.

(1) If the autonomous vehicle is a fully autonomous vehicle; and

(2) The type of automated driving system in the autonomous vehicle, including, without limitation, whether the automated driving system is capable of switching or being switched from automated driving to physical control of the vehicle.

3. A person who registers a fleet of autonomous vehicles which are not fully autonomous vehicles must, in addition to the requirements of subsection 2, provide a signed affidavit, on a form prescribed by the Department, which states that every person who is authorized by the person registering the fleet to operate an autonomous vehicle that is part of the fleet has been trained in the capabilities and limitations of the automated driving system of the autonomous vehicle.

(Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R027-13, 10-23-2013; R136-17, 8-30-2018)

NAC 482A.060 Confidentiality of documents and records submitted or obtained by Department; disclosure under certain circumstances. (NRS 482A.100)

1. The Department will keep confidential any document or record submitted to or obtained by the Department pursuant to this chapter and chapter 482A of NRS in relation to the:

(a) Testing or operation of an autonomous vehicle or an automated driving system; or

(b) Licensure of an autonomous vehicle certification facility.

2. Any document or record that the Department keeps confidential pursuant to subsection 1:

(a) Is deemed to be the proprietary or confidential information of the person who submitted the document or record;

(b) Is not a public record; and

(1) The Department first obtains the consent of the person who submitted the document or record; or

(2) The Department is ordered to disclose the document or record by a court of competent jurisdiction.

(Added to NAC by Dep’t of Motor Veh. by R136-17, eff. 8-30-2018)

TESTING AND OPERATION OF AUTONOMOUS VEHICLES

NAC 482A.104 Requirements for testing or operating vehicle upon highways of this State. (NRS 482A.100)

1. An autonomous vehicle may not be tested on the highways of this State until the person who is responsible for the testing of the autonomous vehicle has submitted to the Department a certificate of compliance for the autonomous vehicle and obtained a testing certificate and testing license plates pursuant to NAC 482A.110.

2. An autonomous vehicle may not be operated on the highways of this State until:

(a) The manufacturer of the autonomous vehicle, the manufacturer or developer of the automated driving system utilized in the autonomous vehicle or an autonomous vehicle certification facility has submitted to the Department a certificate of compliance for the autonomous vehicle; and

(b) The owner or operator of the autonomous vehicle has obtained from the Department registration for the autonomous vehicle pursuant to chapter 482 of NRS.

3. A certificate of compliance required by this section must:

(a) Be made on a form prescribed by the Department; and

(b) Certify that the autonomous vehicle or the automated driving system installed in the autonomous vehicle, as applicable, meets the applicable requirements of NRS 482A.070 and 482A.080.

(Added to NAC by Dep’t of Motor Veh. by R136-17, eff. 8-30-2018)

NAC 482A.110 Application for testing certificate and testing license plates; fees; duties of certificate holder. (NRS 482A.095, 482A.100)

1. A person may not test an autonomous vehicle or an automated driving system on the highways of this State unless the person has met the requirements of NRS 482A.060 and obtained a testing certificate and testing license plates. A person may apply for a testing certificate and testing license plates which, when attached to an autonomous vehicle, authorize solely the testing of the autonomous vehicle, the automated driving system, or both the autonomous vehicle and the automated driving system on the highways of this State by submitting to the Department:

(a) A form prescribed by the Department to request a testing certificate and testing license plates.

(b) A document on which the manufacturer of the autonomous vehicle or the manufacturer or developer of the automated driving system certifies that the autonomous vehicle, the automated driving system, or both the autonomous vehicle and the automated driving system meet the applicable requirements of NRS 482A.070 and 482A.080.

2. A form to request a testing certificate and testing license plates submitted pursuant to this section must be accompanied by a nonrefundable fee of $100 and a nonrefundable fee of $12 for each set of testing license plates requested by the applicant.

3. A person who holds a testing certificate that is issued by the Department pursuant to this section:

(a) For the purposes of NRS 482A.095, must provide to the Department a copy of any report prepared by law enforcement personnel and, if no report was prepared by law enforcement personnel, a completed “Report of Traffic Crash,” form SR-1, available on the Internet website of the Department;

(b) Must ensure that the testing certificate is:

(1) In the autonomous vehicle at all times when the autonomous vehicle or automated driving system is being tested; and

(2) Accessible and available to be examined by a peace officer regardless of the presence or absence of any person in the autonomous vehicle; and

(c) Is not required to register, pursuant to chapter 482 of NRS, an autonomous vehicle if the person is solely testing the autonomous vehicle or automated driving system.

(Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R027-13, 10-23-2013; R134-15, 6-28-2016; R136-17, 8-30-2018)

LICENSE TO OPERATE AN AUTONOMOUS VEHICLE CERTIFICATION FACILITY

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

(Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R136-17, 8-30-2018)

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

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

2. The form provided by the Department must require the applicant to certify that he or she possesses the necessary knowledge and expertise to certify the safety of autonomous vehicles, including, without limitation, whether the autonomous vehicles meet the requirements for the issuance of a certificate of compliance set forth in subsection 3 of NAC 482A.104.

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

(a) A nonrefundable fee of $300; and

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

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

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

(Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R136-17, 8-30-2018)

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

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

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

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

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

5. After a license is issued to operate an autonomous vehicle certification facility, a certificate of compliance as described in subsection 3 of NAC 482A.104 may be issued at the facility to a manufacturer of an autonomous vehicle or to any other person who wishes to obtain such a certificate for a new or used vehicle with autonomous technology.

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

(Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R136-17, 8-30-2018)

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

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

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

(Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R136-17, 8-30-2018)

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

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

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

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

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

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

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

(Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R136-17, 8-30-2018)

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

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

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

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

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

5. Committing any fraud which includes, without limitation:

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

(b) Intentionally failing to disclose a material fact.

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

(Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R136-17, 8-30-2018)

NAC 482A.260 Grounds for denial, suspension, revocation or refusal to renew license; refusal to review subsequent application. (NRS 482A.100)

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

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

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

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

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

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

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

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

(Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R136-17, 8-30-2018)

NAC 482A.270 Request for hearing on denial, suspension, revocation or refusal to renew license; procedure and conduct of hearing; temporary suspension or refusal to renew license if necessary and in public interest. (NRS 482A.100)

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

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

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

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

(a) Grant or finally deny the application; or

(b) Suspend or revoke the license.

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

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

(Added to NAC by Dep’t of Motor Veh. by R084-11, 2-15-2012, eff. 3-1-2012; A by R136-17, 8-30-2018)

NAC 482A.280 Payment of child support: Required statement; grounds for denial of license; duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] (NRS 482A.100)

1. An applicant for the issuance or renewal of a license issued pursuant to the provisions of NAC 482A.200 to 482A.290, inclusive, shall submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

(b) A separate form prescribed by the Department.

3. A license may not be issued or renewed by the Department pursuant to the provisions of NAC 482A.200 to 482A.290, inclusive, if the applicant:

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

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

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

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

NAC 482A.290 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] (NRS 482A.100)

1. If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to the provisions of NAC 482A.200 to 482A.290, inclusive, the Department will deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Department will reinstate a license issued pursuant to the provisions of NAC 482A.200 to 482A.290, inclusive, that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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