NAC: CHAPTER 486 - MOTORCYCLES AND SIMILAR VEHICLES

[Rev. 8/6/2022 10:31:57 PM]

[NAC-486 Revised Date: 7-22]

CHAPTER 486 - MOTORCYCLES AND SIMILAR VEHICLES

GENERAL PROVISIONS

486.015 Helmets: Adoption by reference of provisions of Code of Federal Regulations.

PROGRAM FOR EDUCATION OF MOTORCYCLE RIDERS

486.301 Definitions.

486.305 “Administrator” defined.

486.311 “Curriculum organization” defined.

486.320 “On-cycle instruction” defined.

486.325 “Provider” defined.

486.335 Duties of Administrator.

486.340 Authorized expenses of Program.

486.350 Provider: Application for approval; grounds for denial.

486.355 Provider: Notice to applicant of approval or denial of application; approved provider required to enter into contract with Department.

486.360 Provider: Grounds for revocation of approval.

486.365 Provider: Duties relating to use of state-owned training motorcycles.

486.370 License as instructor for Program: Application; interview of applicant under certain circumstances; grounds for denial; notice of incomplete application.

486.375 License as instructor for Program: Non-transferrable; authorized scope of teaching; period of validity; issuance of duplicate; duty of licensee to notify Administrator of certain changes in contact information.

486.380 License as instructor for Program: Application for renewal; notice of incomplete application.

486.385 License as instructor for Program: Grounds for suspension, revocation or refusal to renew; issuance of new license after revocation.

486.390 License as Instructor for Program: Written petition for hearing after notice of suspension, revocation or refusal to renew; date and procedures for hearing; notice of denial of petition.

486.395 License as Instructor for Program: Duties of licensee.

GENERAL PROVISIONS

NAC 486.015 Helmets: Adoption by reference of provisions of Code of Federal Regulations. (NRS 486.231) The Department hereby adopts by reference the regulations contained in 49 C.F.R. § 571.218, as those regulations existed on January 1, 1994. The volume containing this section is available by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, at the price of $20.

(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-30-94)

PROGRAM FOR EDUCATION OF MOTORCYCLE RIDERS

NAC 486.301 Definitions. (NRS 486.372) As used in NAC 486.301 to 486.395, inclusive, unless the context otherwise requires, the words and terms defined in NAC 486.305 to 486.325, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.305 “Administrator” defined. (NRS 486.372) “Administrator” means the person appointed by the Director pursuant to NRS 486.372 to carry out the Program.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.311 “Curriculum organization” defined. (NRS 486.372) “Curriculum organization” means a nationally recognized public or private organization approved by the Director to develop curriculum for courses of instruction offered to persons enrolled in the Program or to certify instructors for the Program.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.320 “On-cycle instruction” defined. (NRS 486.372) “On-cycle instruction” means the portion of a course of instruction in motorcycle education that is taught through the actual operation of a motorcycle under real conditions and includes, without limitation, driving on a practice range or on a public roadway under the direction of an instructor.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.325 “Provider” defined. (NRS 486.372) “Provider” means:

1. The Department.

2. A public or private entity that is approved by the Department pursuant to NAC 486.355 to provide a course of instruction in motorcycle education for persons enrolled in the Program.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.335 Duties of Administrator. (NRS 486.372) The Administrator or his or her designee shall:

1. Inspect providers, other than the Department, to ensure that the provider:

(a) Adheres to the requirements of the Program;

(b) Provides instruction using curriculum developed by a curriculum organization; and

2. Provide technical assistance to a provider;

3. Compile statistics on motorcycle safety and make such information publicly available on an Internet website maintained by the Department;

4. Apply for and manage grants for motorcycle safety;

5. Periodically provide training events to instructors licensed pursuant to NRS 486.375 and notify instructors of any required training event;

6. Encourage cooperation between public agencies, private persons and businesses who have an interest in promoting motorcycle safety;

7. Prepare or distribute, or both, publications to improve motorcycle safety;

8. Implement media campaigns and conduct media outreach events to improve motorcycle safety; and

9. Participate in statewide traffic safety meetings and activities to promote motorcycle safety.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.340 Authorized expenses of Program. (NRS 486.372) In addition to the expenses authorized by NRS 486.372, authorized expenses of the Program include, without limitation:

1. Personnel costs of the Program;

2. Travel expenses of instructors for courses of instruction in motorcycle education offered in rural areas;

3. Costs associated with training the staff of the Program;

4. Costs associated with training an instructor for the Program, including, without limitation, initial training and continuing education for the instructor;

5. Financial assistance for providers;

6. Costs associated with purchasing training motorcycles and other vehicles used by providers for the Program;

7. Costs associated with maintaining and repairing training motorcycles used by the Department to provide a course of instruction in motorcycle education;

8. Costs associated with supplies related to the operation of the Program; and

9. Costs associated with carrying out any duty of the Administrator, including, without limitation, conducting the media outreach events required by subsection 8 of NAC 486.335.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.350 Provider: Application for approval; grounds for denial. (NRS 486.372)

1. Except as otherwise provided in subsection 5, to provide a course of instruction for persons enrolled in the Program, a public or private entity must apply to the Department for approval as a provider on a form prescribed by the Department.

2. If the applicant is a private entity, an application submitted pursuant to subsection 1 must include, without limitation:

(a) If the applicant does not own the property on which the applicant plans to conduct a course of instruction, a copy of the proposed lease agreement between the applicant and the owner of the property.

(b) Except as otherwise provided in this paragraph, a copy of the state business license of the applicant and, if applicable, a copy of the current business license issued for the applicant’s business by the county, city or town in which the applicant’s business is located or written verification that the applicant is exempt from any requirement to obtain a business license. If the applicant is not exempt from any requirement to obtain a business license and the applicant does not have a current business license, a written attestation that the applicant will comply with paragraph (d) of subsection 2 of NAC 486.355.

(1) Corporation, each officer of the corporation.

(2) Limited-liability company, each manager or managing member of the limited liability company.

(3) Limited-liability partnership, each managing partner of the limited liability partnership.

(d) The street address, telephone number and, if applicable, the electronic mail address of the applicant and any other contact information of the applicant.

(e) A diagram of the area in which the applicant plans to provide on-cycle instruction.

(f) A diagram of the area in which the applicant plans to provide classroom instruction. Such an area may not be located in a private residence.

(g) A description of the process that the applicant intends to use for enrolling and registering students.

(h) If the applicant is a non-profit entity, a request, if applicable:

(1) For financial assistance from the Account for the Program for the Education of Motorcycle Riders created by NRS 486.372 to provide a course of instruction to persons enrolled in the Program. Such a request will be granted to the extent that money is available for that purpose.

(2) To use state-owned training motorcycles if such vehicles are available and a description of the manner in which the applicant intends to securely store such motorcycles.

3. If the applicant is a public entity, an application submitted pursuant to subsection 1 must include, without limitation:

(a) The street address, telephone number and, if applicable, the electronic mail address and any other contact information of the applicant.

(b) A diagram of the area in which the applicant plans to provide on-cycle instruction.

(c) A diagram of the area in which the applicant plans to provide classroom instruction. Such an area may not be located in a private residence.

(d) A description of the process that the applicant intends to use for enrolling and registering students.

(e) A request, if applicable:

(2) To use state-owned training motorcycles if such vehicles are available and a description of the manner in which the applicant intends to securely store such motorcycles.

4. The Department may deny an application submitted pursuant to this section:

(a) If the area in which the applicant proposes to provide on-cycle instruction is not suitable to provide such instruction.

(b) If the applicant has been convicted of a crime involving fraud, deceptive trade practices or dishonesty.

5. The provisions of this section do not apply to the Department.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.355 Provider: Notice to applicant of approval or denial of application; approved provider required to enter into contract with Department. (NRS 486.372)

1. As soon as practicable after the Department approves or denies an application submitted pursuant to NAC 486.350, the Department will notify the applicant in writing of its decision.

2. A provider that receives notification of the approval of its application pursuant to subsection 1 must, before enrolling students in a course, enter into a contract with the Department to offer the course of instruction in motorcycle education which requires that the provider:

(a) Provide instruction using an instructor licensed pursuant to NRS 486.375;

(b) Have a current written agreement with a curriculum organization;

(d) If applicable, obtain a state business license and a business license issued by the county, city or town in which the provider’s business is located.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.360 Provider: Grounds for revocation of approval. (NRS 486.372) The Department may revoke approval granted to a provider pursuant to NAC 486.355 for any reason that the Department determines is in the best interest of the State, including, without limitation, if the Administrator determines that:

1. The area in which the provider provides on-cycle instruction is not suitable to provide such instruction.

2. The provider is not adhering to the requirements of the Program.

3. The provider is not adhering to any of the requirements of the contract with the Department.

4. The provider is not providing instruction using curriculum developed by a curriculum organization.

5. The provider has been convicted of a crime involving fraud, deceptive trade practices or dishonesty.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.365 Provider: Duties relating to use of state-owned training motorcycles. (NRS 486.372) A provider that uses state-owned training motorcycles as part of a course of instruction for persons enrolled in the Program shall:

1. Maintain motorcycles used in the course of instruction in safe operating condition at all times; and

2. Securely store such motorcycles.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.370 License as instructor for Program: Application; interview of applicant under certain circumstances; grounds for denial; notice of incomplete application. (NRS 486.372, 486.375)

1. Each applicant for licensure as an instructor for the Program must provide to the Department in the form prescribed by the Department:

(a) Proof acceptable to the Department that the applicant meets the qualifications for licensure prescribed in NRS 486.375;

(b) The applicant’s:

(1) Full legal name;

(2) Date of birth;

(3) Motorcycle driver’s license number or number of his or her driver’s license that has a motorcycle endorsement; and

(4) Address of principal residence;

(c) A copy of the driving record of the applicant for the 10 years immediately preceding the date on which he or she submits the application;

(d) A signed document attesting that the applicant will comply with the rules of conduct set forth in NAC 486.395;

(e) Proof acceptable to the Department that the applicant is certified in the administration of cardiopulmonary resuscitation and:

(1) Trained in the administration of first aid; or

(2) Certified in another area approved by the Administrator;

(f) Proof acceptable to the Department that the applicant is physically able to safely operate a motorcycle and train others in the operation of a motorcycle;

(g) Written consent authorizing the Department to conduct a background investigation of the applicant to verify compliance with the requirements prescribed in NRS 486.375; and

(h) Any other information concerning the applicant that the Department considers necessary to determine whether the applicant is qualified for licensure.

2. If the Department determines it is in the best interest of the State, a representative of the Department may interview an applicant to evaluate his or her knowledge, skill, ability and fitness to receive a license as an instructor for the Program.

3. The Department may deny an application for a license as an instructor for the Program:

(a) If the applicant is convicted of:

(1) A felony in this State or any other jurisdiction;

(2) A crime involving fraud, deceptive trade practices, dishonesty or moral turpitude in this State or any other jurisdiction; or

(3) A sexual offense, as defined in NRS 179D.097, in this State or any other jurisdiction.

(b) For any other reason that the Department determines is in the best interest of the State.

4. If the Department determines that an application for licensure as an instructor for the Program is incomplete, the Department will notify the applicant that the application is incomplete and authorize the applicant to submit any information or documentation required to complete the application. An applicant must submit any information or documentation required to complete the application within 14 calendar days after receipt of such notice.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.375 License as instructor for Program: Non-transferrable; authorized scope of teaching; period of validity; issuance of duplicate; duty of licensee to notify Administrator of certain changes in contact information. (NRS 486.372, 486.375)

1. A license issued pursuant to NAC 486.370:

(a) Is not transferrable;

(b) Authorizes a licensee to teach a course of instruction in motorcycle education for the Program; and

2. The Department will issue a duplicate license if a licensee submits a request on a form prescribed by the Department.

3. A licensee shall notify the Administrator of a change of address, electronic mail address, telephone number or other contact information within 30 calendar days after the change.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.380 License as instructor for Program: Application for renewal; notice of incomplete application. (NRS 486.372, 486.375)

1. To renew a license issued pursuant to NAC 486.370, a licensee must submit to the Department:

(a) A completed application for renewal on a form provided by the Department;

(b) Except as otherwise provided in subsection 2, proof acceptable to the Department that the licensee attended any training event required by the Department for instructors for the Program;

(d) A signed document attesting that the licensee will comply with the rules of conduct set forth in NAC 486.395; and

(e) Proof acceptable to the Department that the licensee is certified in the administration of cardiopulmonary resuscitation and:

(1) Trained in the administration of first aid; or

(2) Certified in another area approved by the Administrator.

2. The Department may, for good cause shown, grant a waiver of the requirement prescribed in paragraph (b) of subsection 1.

3. If the Department determines that an application for renewal is incomplete, the Department will notify the licensee that the application is incomplete and authorize the licensee to submit any required information or documentation to complete the application. If an applicant fails to submit any required information or documentation on or before the expiration date of his or her license, the Department will suspend the license until the application is complete and the Department renews the license.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.385 License as instructor for Program: Grounds for suspension, revocation or refusal to renew; issuance of new license after revocation. (NRS 486.372, 486.375)

1. The Department may suspend, revoke or refuse to renew any license issued pursuant to NAC 486.370 if:

(a) The licensee:

(1) Is no longer certified in the administration of cardiopulmonary resuscitation and:

(I) Trained in the administration of first aid; or

(II) Certified in another area approved by the Administrator;

(2) Had a license suspended or revoked by the Department and not reissued or reinstated for any cause;

(3) Fails to attend any required training event sponsored by the Program unless the Department grants a waiver pursuant to subsection 2 of NAC 486.380;

(4) Is convicted of:

(I) A felony in this State or any other jurisdiction;

(II) A crime involving fraud, deceptive trade practices, dishonesty or moral turpitude in this State or any other jurisdiction; or

(III) A sexual offense, as defined in NRS 179D.097, in this State or any other jurisdiction;

(5) Willfully fails to comply with any directive issued by the Department;

(6) Fails to cooperate with the Department in any investigation;

(7) Makes any changes to the course materials, curriculum or standards developed by the curriculum organization without written approval from the Department and the curriculum organization; or

(8) Issues a course completion card to a student who does not successfully complete a course of instruction in motorcycle education, including, without limitation, a student who completes a course that is different than the course indicated on the completion card.

(b) The Department determines that:

(1) The licensee knowingly made a false or misleading statement or concealed a material fact in connection with his or her application for the license;

(2) The licensee taught a course of instruction in motorcycle education when the licensee has consumed any alcohol or drug, except for a medication that does not affect his or her ability to teach the course;

(3) The licensee knowingly allowed a student who is not, in the determination of the licensee, reasonably physically or mentally capable of operating a motorcycle safely to participate in a course of instruction on motorcycle education;

(4) The licensee is no longer physically able to safely operate a motorcycle and train other persons in the operation of a motorcycle;

(5) The licensee willfully violated a rule of conduct set forth in NAC 486.395; or

(6) Suspending, revoking or refusing to renew the license of the applicant is in the best interest of the public.

2. The Department will suspend or revoke a license issued pursuant to NAC 486.370 if the licensee no longer meets the qualifications prescribed by NRS 486.375.

3. If the Department revokes the license of an instructor, the Department will not issue to that person a new license as an instructor for the Program until 1 year after the date on which the license was revoked.

4. For the purposes of this section, the failure of a licensee to comply with a directive of the Department shall be deemed to be willful if the licensee fails to comply with the directive within 10 days after the licensee’s receipt of the directive.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.390 License as Instructor for Program: Written petition for hearing after notice of suspension, revocation or refusal to renew; date and procedures for hearing; notice of denial of petition. (NRS 486.372, 486.375)

1. The holder of a license issued pursuant to NAC 486.370 may, within 14 calendar days after receipt of a notice of the suspension or revocation of, or the refusal to renew, the license, petition the Department in writing for a hearing conducted by a hearing officer of the Department.

2. If the request for a hearing is granted:

(a) A date for the hearing must be fixed not later than 30 days after the receipt of the request for hearing or as soon thereafter as practicable; and

(b) The Department will appoint a hearing officer who was not involved in the decision of the Department to suspend, revoke or refuse to renew the license or any investigation relating to this decision.

3. If the request for a hearing is denied, the petitioner will be notified in writing, stating the reason for the denial.

4. Evidence offered at the hearing that the hearing officer determines is not material or relevant to the determination of issues at the hearing must not be considered.

5. The hearing must be conducted in accordance with the procedures set forth in chapter 233B of NRS.

6. Within 30 days after the hearing, the hearing officer of the Department shall make a final determination.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)

NAC 486.395 License as Instructor for Program: Duties of licensee. (NRS 486.372, 486.375) An instructor who has been issued a license pursuant to NAC 486.370 shall:

1. Teach a course of instruction in motorcycle education to persons enrolled in the Program in a manner that complies with the requirements prescribed in NRS 486.374 and any policies or standards prescribed by a curriculum organization.

2. Maintain a positive environment for enrolled students.

3. Teach in a manner that fosters interactive learning.

4. Evaluate and coach students during the on-cycle instruction in a course of instruction to ensure students meet learning objectives.

5. Ensure the safety of students enrolled in a course of instruction to the highest degree practicable.

6. Demonstrate safe habits by wearing protective gear when riding a motorcycle during a course of instruction, to and from such a course, or to and from any activity at which the instructor represents the Program. Such protective gear must include, without limitation:

(a) A full-face or three-quarter helmet that complies with the safety standards adopted by the United States Department of Transportation;

(b) Leather or other abrasion-resistant full-fingered gloves;

(d) Sturdy, long pants that fully cover the legs;

(e) Long sleeves; and

(f) Sturdy, over-the-ankle shoes or boots.

7. Operate a motorcycle on a frequent basis outside of teaching a course of instruction.

8. Refrain from operating a vehicle or motorcycle while under the influence of alcohol or a substance as prohibited by NRS 484C.110.

9. Discontinue any behavior the Administrator determines is negative or injurious to the carrying out of the purpose of the Program or creates a likelihood of confusion, mistake or deception to the public.

10. While he or she is instructing a course of instruction or otherwise representing the Program, conduct himself or herself in a professional manner, including, without limitation, maintaining an appropriate appearance, using appropriate language, delivering positive verbal and written messages, being positive in interactions with persons and refraining from behavior that could be construed as intimidating or threatening.

11. Refrain from presenting himself or herself as speaking on behalf of the Program when addressing a public policy forum or taking a public position on issues relating to safety or legislation. Nothing in this subsection shall be construed to prohibit an instructor from speaking to the media, participating in the legislative process or any legal process, expressing his or her opinion as a private citizen or serving as an expert witness regarding motorcycle safety issues.

(Added to NAC by Dep’t of Pub. Safety by R129-18, eff. 1-21-2021)