(On Behalf of the Department of Motor Vehicles
and Public Safety)
February 3, 1997
____________
Referred to Committee on Transportation
SUMMARY--Makes various changes to provisions governing licensing and registration of motor vehicles. (BDR 43-588)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to motor vehicles; making various changes to the provisions governing the licensing and registration of motor vehicles; imposing a fee; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.079 is hereby amended to read as follows:
481.079 1. Except as otherwise provided by specific statute, all taxes, license fees and money collected pursuant to NRS 481.071 must be deposited with the state treasurer to the credit of the motor vehicle fund.
2. If any check accepted by the department in payment of fees pursuant to NRS 481.071 is dishonored upon presentation for payment [, the] :
(a) The drawer is subject to a service charge of $10, in addition to any other penalties provided by law [.] ; and
(b) The department may require that future payments from the person be made by cashier's check, money order, traveler's check or cash.
3. The department may adjust the amount of a deposit made with the state treasurer to the credit of the motor vehicle fund for any cash shortage or overage resulting from the collection of fees.
Sec. 2. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5, of this act.
Sec. 3. 1. An owner of a vehicle who leases it to a carrier and provides a driver for the vehicle may apply to the department for a temporary permit to operate the vehicle if the vehicle:
(a) Is not subject to the provisions of NRS 482.390 and 482.395;
(b) Is not currently registered in this state, another state or a foreign country; and
(c) Is operated at the vehicle's unladen weight.
2. The department shall charge $10 for such a temporary permit, in addition to all other applicable fees and taxes.
3. Such a temporary permit must:
(a) Bear the date of its expiration;
(b) Expire at 5 p.m. on the 15th day after its date of issuance;
(c) Be affixed to the vehicle in a manner prescribed by the department; and
(d) Be removed and destroyed upon its expiration or upon the issuance of a certificate of registration for the vehicle, whichever occurs first.
4. As used in this section, "carrier" means a common motor carrier of passengers as defined in NRS 706.041, a common motor carrier of property as defined in NRS 706.046, a contract motor carrier as defined in NRS 706.051, or a private motor carrier of property as defined in NRS 706.111.
Sec. 4. 1. The department may waive payment of a penalty or interest for a person's failure timely to file a return or pay a tax or fee imposed pursuant to this chapter if the department determines that the failure:
(a) Was caused by circumstances beyond the person's control;
(b) Occurred despite the person's exercise of ordinary care; and
(c) Was not a result of the person's willful neglect.
2. A person requesting relief from payment of a penalty or interest must file with the department a sworn statement specifying the facts supporting his claim for relief.
Sec. 5. The department may:
1. Enter into written agreements providing for the periodic payment of delinquent taxes or fees imposed pursuant to this chapter.
2. Adopt regulations:
(a) Setting forth the permissible terms of such agreements; and
(b) Providing for the cancellation of such an agreement if the person with whom the department has contracted becomes delinquent in his payments pursuant to the agreement or in his payment of other taxes or fees owed to the department pursuant to the provisions of chapter 366, 371 or 482 of NRS.
Sec. 6. NRS 482.363 is hereby amended to read as follows:
482.363 1. Any person, other than [a] an owner of a vehicle who leases it to a carrier and provides a driver for the vehicle, or a new or used vehicle dealer , licensed under the provisions of NRS 482.325, who engages in the leasing of vehicles in this state as a long-term or short-term lessor, shall:
(a) Secure a license from the department to conduct the leasing business;
(b) Post a bond;
(c) Furnish the department with any other information as may be required;
(d) Comply with the terms and conditions of this chapter which apply to vehicle dealers; and
(e) Pay a fee of $125.
2. Any person employed by a long-term lessor licensed under the provisions of subsection 1 who engages in the practice of arranging or selling such services, and any person employed by a short-term lessor who sells, offers or displays for sale or exchange vehicles which are owned by such short-term lessor shall, before commencing operations, and annually thereafter:
(a) Secure from the department a license to act as a salesman of such services; and
(b) Comply with the terms and conditions which apply to salesmen of vehicles as specified in NRS 482.362.
3. Licenses issued pursuant to subsection 1 expire on December 31 of each year. Before December 31 of each year, licensees shall furnish the department with an application for renewal of the license accompanied by an annual fee of $50. The renewal application must be provided by the department and must contain information required by the department.
4. The provisions of NRS 482.352, relating to the denial, revocation or suspension of licenses, apply to licenses issued pursuant to the provisions of subsection 1. The provisions of NRS 482.362, relating to the denial, revocation, suspension and transfer of vehicle salesmen's licenses, apply to licenses issued pursuant to the provisions of subsection 2.
5. As used in this section, "carrier" has the meaning ascribed to it in section 3 of this act.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 482.390 is hereby amended to read as follows:
482.390 1. All nonresident owners or operators of vehicles of a type subject to registration under this chapter operating [such] those vehicles on the public highways of this state as common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property, as [the same] such carriers are now or may hereafter be defined in the laws of this state relating thereto [shall be] are governed by and must pay the fees required by the provisions of [such] those laws with respect to the operation of [such] those vehicles in any of such carrier services.
2. All such nonresident owners or operators of such vehicles may operate [such] the vehicles upon the public highways of this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state upon the following conditions:
(a) That each vehicle [shall] must be operated pursuant to a permit designated as a "hunter's permit" in § 910 of article IX of the International Registration Plan, as adopted by the department pursuant to NRS 706.826, or be registered or licensed and have attached thereto the registration or license plates for the then current year, pursuant to the motor vehicle registration laws of the state or country wherein the owner of [such] the motor vehicle resides or maintains his principal place of business and wherein [such] the vehicle is registered for [such] that year, which registration or license plates [shall] must be displayed on [such] the vehicle during all of the time operated in this state.
(b) That the laws of the state or country of [such] the residence or principal place of business of the owner of [such] the vehicle do not require the registration of the vehicles and payment of fees therefor from residents of this state engaging in [like] similar carrier services in the state or country of the residence or principal place of business of the nonresident owner wherein [such] the motor vehicle is registered.
Sec. 9. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any [motor] vehicle by any holder of a valid registration, or upon destruction of the [motor] vehicle, the registration expires.
2. The holder of the original registration may transfer the registration to another vehicle to be registered by him and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second [motor] vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and privilege tax on the [motor] vehicle to which the registration is transferred over the total registration fee and privilege tax paid on all [motor] vehicles from which he is transferring his ownership or interest. Application for transfer of registration must be made in person, if practicable, to any office or agent of the department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete. In computing the privilege tax, the department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle. If any person transfers his ownership or interest in two or more vehicles, the department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred. The certificates of registration and unused license plates of the vehicles from which a person transfers his ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred.
3. In computing the registration fee, the department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred. If the amount owed on the registration fee or privilege tax on that vehicle is less than the credit on the total registration fee or privilege tax paid on all [motor] vehicles from which a person transfers his ownership or interest, no refund may be allowed.
4. If the license plate or plates are not appropriate for the second [motor] vehicle, the plate or plates must be surrendered to the department or registered dealer and an appropriate plate or plates must be issued by the department. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
5. If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any [motor] vehicle, the license plate or plates must be surrendered to the department on or before the 60th day for cancellation of the registration.
Sec. 10. NRS 482.463 is hereby amended to read as follows:
482.463 The holder of an original registration for a motor vehicle with a declared gross weight in excess of 26,000 pounds may, upon surrendering the certificate of registration and the corresponding license plates to the department [,] or upon signing a notarized statement indicating the certificate of registration and the corresponding license plates were lost and providing such supporting documentation as the department requires, apply to the department:
1. For a refund of an amount equal to that portion of the privilege taxes and registration fees paid for the motor vehicle that is attributable, on a pro rata monthly basis, to the remainder of the calendar year; or
2. To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of NRS.
Sec. 11. NRS 482.465 is hereby amended to read as follows:
482.465 1. The department shall rescind and cancel the registration of a vehicle whenever the person to whom the certificate of registration or license plates therefor have been issued makes or permits to be made any unlawful use of the certificate or plates or permits the use thereof by a person not entitled thereto.
2. The department shall cancel a certificate of ownership or certificate of registration and license plates which have been issued erroneously or improperly, or obtained illegally.
3. In addition to any other penalty set forth in this chapter and chapters 366 and 706 of NRS, the department may revoke a certificate of ownership or a certificate of registration and license plates for a vehicle with a declared gross weight in excess of 26,000 pounds if the department determines that:
(a) The licensee of the vehicle has violated one or more of the provisions of this chapter or chapter 366 or 706 of NRS; and
(b) There is reasonable cause for the revocation.
4. Before revoking a certificate of ownership or a certificate of registration and license plates pursuant to subsection 3, the department must send a written notice by certified mail to the licensee at his last known address ordering him to appear before the department at a time not less than 10 days after the mailing of the notice to show cause why the certificate of ownership or the certificate of registration and license plates should not be revoked pursuant to this section.
5. Upon rescission , revocation or cancellation of the certificate of ownership or of the certificate of registration and license plates, the affected certificate or certificate and plates [shall] must be returned to the department upon receipt of notice of rescission , revocation or cancellation.
Sec. 12. NRS 482.482 is hereby amended to read as follows:
482.482 1. In addition to any other applicable fee listed in NRS 482.480, there must be paid to the department for the registration of every motortruck, truck tractor or bus which has a declared gross weight of:
(a) Less than 6,000 pounds, a fee of $33.
(b) Not less than 6,000 pounds and not more than 8,499 pounds, a fee of $38.
(c) Not less than 8,500 pounds and not more than 10,000 pounds, a fee of $48.
(d) Not less than 10,001 pounds and not more than 26,000 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.
(e) Not less than 26,001 pounds and not more than 80,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof. The maximum fee is $1,360.
2. Except as otherwise provided in subsection 6, the original or renewal registration fees for fleets of vehicles with a declared gross weight in excess of 26,000 pounds and the tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in equal installments. [Except for the first installment, which must be paid at the time of registration, installments] Installments are due on or before January 31, April 1, July 1 and October 1 of each year. The amount of each installment must be determined by taking the total fee and privilege tax due for the calendar year and dividing that [amount by the sum of the total number of installments for that calendar year due after the date of registration plus one.] total by four. The department shall not allow installment payments for a vehicle added to a fleet after the original or renewal registration is issued.
3. If the due date of any installment falls on a Saturday, Sunday or legal holiday, that installment is not due until the next following business day.
4. Any payment required by subsection 2 shall be deemed received by the department on the date shown by the post office cancellation mark stamped on an envelope containing payment properly addressed to the department, if that date is earlier than the actual receipt of that payment.
5. A person who fails to pay any fee pursuant to subsection 2 or privilege tax when due shall pay to the department a penalty of 10 percent of the amount of the unpaid fee, plus interest on the unpaid fee at the rate of 1 percent per month or fraction of a month from the date the fee and tax were due until the date of payment.
6. If a person fails to pay any fee pursuant to subsection 2 or privilege tax when due, the department may, in addition to the penalty provided for in subsection 5, require that person to pay:
(a) The entire amount of the unpaid registration fee and privilege tax owed by that person for the remainder of the calendar year; and
(b) On an annual basis, any registration fee and privilege tax set forth in subsection 2 which may be incurred by that person in any subsequent calendar year.
Sec. 13. NRS 706.521 is hereby amended to read as follows:
706.521 1. Any person has the option, in lieu of causing a motor vehicle which has a declared gross weight in excess of 26,000 pounds to be licensed pursuant to the provisions of NRS [366.220,] 482.482 or 706.841, of purchasing a temporary permit and paying a fee of $5 plus 15 cents for each mile the department estimates the vehicle will travel within the State of Nevada during the effective period of the temporary permit.
2. Except as otherwise provided in subsection 3, a temporary permit authorizes operation over the highways of this state from point of entry to point of exit for not more than 24 consecutive hours.
3. The department may issue to the owner or operator of a common motor carrier of passengers a temporary permit which authorizes operation for not more than 120 consecutive hours.
4. If a person is issued a temporary permit pursuant to the provisions of this section, the department shall credit the cost of that permit against the cost of any license subsequently issued to that person pursuant to the provisions of either NRS 482.482 or 706.841 whose effective dates include the effective dates of the temporary permit, or if that license fee has been satisfied, against any fee owed to the department pursuant to the provisions of chapter 366 of NRS.
Sec. 14. NRS 706.531 is hereby amended to read as follows:
706.531 1. [After the] The department of transportation [has approved] shall approve an application for a permit pursuant to the provisions of subsection 5 of NRS 484.739 . [, and before issuance, the department shall issue special identifying devices for combinations of vehicles to be operated pursuant to the permit. The identifying devices] The permit must be carried and displayed in such a manner as the department determines on every combination so operating. The [devices] permit issued may be transferred from one combination to another, under such conditions as the department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the department . [of transportation. The devices] The permit may be used only on motor vehicles regularly licensed pursuant to the provisions of NRS 482.482.
2. The annual fee for each [identifying device or set of devices] permit for a combination of vehicles is $60 for each 1,000 pounds or fraction thereof of gross weight in excess of 80,000 pounds. The maximum fee must not exceed $2,940. The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, but must not be less than $50. The annual fee for each permit for a combination of vehicles not exceeding 80,000 pounds is $10. The fee must be paid in addition to all other fees required by the provisions of this chapter.
3. Any person operating a combination of vehicles licensed pursuant to the provisions of subsection 2, who is apprehended operating a combination in excess of the gross weight for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.
4. Any person apprehended operating a combination of vehicles without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due pursuant to the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.
5. The holder of an original permit [and identifying devices] may, upon surrendering the permit [, certificate of registration and devices] to the department [,] or upon delivering to the department a signed and notarized statement that the permit [, certificate of registration or devices were] was lost or stolen and [any] such other documentation [that] as the department may require, apply to the department:
(a) For a refund of an amount equal to that portion of the fees paid for the permit [and devices] that is attributable, on a pro rata monthly basis, to the remainder of the calendar year; or
(b) To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of NRS.