SUMMARY--Makes various changes concerning operators of motor vehicles. (BDR 43-1553)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to operators of motor vehicles; restricting a person who is less than 18 years of age from receiving a driver's license unless the person meets certain requirements; restricting educational and training courses for drivers to persons of a certain age; requiring the department of motor vehicles and public safety to adopt regulations which set forth the number of hours of training a person less than 18 years of age must complete to be issued a driver's license; prohibiting a person from driving in violation of a curfew; making various changes regarding education and training for drivers; providing a penalty; 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 Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 No school for training drivers may offer training or allow training to be provided by the school to a person whose age is less than 15 years.
Sec. 3 The department shall adopt regulations that set forth the number of hours of training which a person whose age is less than 18 years must complete in a course provided by a school for training drivers to be issued a license pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 483.250. The regulations must require that the number of hours that must be completed by such a person be comparable to the number of hours of instruction which would be required of such a person if he completed his training in a course provided pursuant to NRS 389.090.
Sec. 4 A person shall not operate a motor vehicle in a jurisdiction during any time when he is in violation of a curfew in the jurisdiction.
Sec. 5 NRS 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of [16] 18 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and [16] 18 years pursuant to the provisions of NRS 483.267 and 483.270.
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of [16] 18 years pursuant to the provisions of subsection 3 of NRS 483.280.
(d) A license to a person between the ages of 16 and 18 years who has completed a course:
(1) In automobile driver education pursuant to NRS 389.090; or
(2) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act,
and who has at least 6 months of experience operating a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280.
2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
3. To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to [drive] operate a motor vehicle [with safety upon the highways.] safely.
7. To any person who is not a resident of this state.
8. To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228 which delays his privilege to drive.
9. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.
Sec. 6 NRS 483.267 is hereby amended to read as follows:
483.267 1. The department may issue a restricted license to any [person] applicant between the ages of 14 and [16] 18 years which entitles him to drive a motor vehicle upon a highway if a member of his household has a medical condition which renders that member unable to operate a motor vehicle, and a hardship exists which requires the [younger person] applicant to drive.
2. An application for a restricted license under this section must:
(a) Be made upon a form provided by the department.
(b) Contain a statement that a person living in the same household with the applicant suffers from a medical condition which renders that person unable to operate a motor vehicle and explaining the need for the applicant to drive.
(c) Be signed and verified as provided in NRS 483.300.
(d) Contain such other information as may be required by the department.
3. A restricted license issued pursuant to this section:
(a) Is effective for the period specified by the department;
(b) Authorizes the licensee to operate a motor vehicle on a street or highway only under conditions specified by the department; and
(c) May contain other restrictions which the department deems necessary.
4. No license may be issued under this section until the department is satisfied fully as to the applicant's competency and fitness to drive a motor vehicle.
Sec. 7 NRS 483.270 is hereby amended to read as follows:
483.270 1. The department may issue a restricted license to any pupil between the ages of 14 and [16] 18 years who is attending:
(a) A public school in a school district in this state when transportation to and from school is not provided by the board of trustees of the school district; or
(b) A private school meeting the requirements for approval under NRS 392.070 when transportation to and from school is not provided by the private school,
and it is impossible or impracticable to furnish such pupil with private transportation to and from school.
2. An application for the issuance of a restricted license under this section [shall:] must:
(a) Be made upon a form provided by the department.
(b) Be signed and verified as provided in NRS 483.300.
(c) Contain such other information as may be required by the department.
3. Any restricted license issued pursuant to this section:
(a) [Shall be] Is effective only for the school year during which it is issued or for a more restricted period.
(b) [Shall authorize] Authorizes the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of the speed limit set by law for school buses.
(c) [Shall] May contain such other restrictions as the department may deem necessary and proper.
(d) May authorize the licensee to transport as passengers in a motor vehicle driven by him, only while he is going to and from school, members of his immediate family, or other minor persons upon written consent of the parents or guardians of such minors , [;] but in no event [shall] may the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.
4. No restricted license [shall] may be issued under the provisions of this section until the department is satisfied fully as to the applicant's competency and fitness to drive a motor vehicle.
Sec. 8 NRS 483.280 is hereby amended to read as follows:
483.280 1. Any person who is at least 15 1/2 years of age may apply to the department for an instruction permit. The department may, in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having [such] the permit in his immediate possession, to drive a motor vehicle upon the highways for a period of 8 months when accompanied by a licensed driver who is at least 21 years of age, who has had at least 1 year of licensed driving experience in the type of vehicle for which the permit was issued and who is actually occupying a seat beside the driver, except when the permittee is occupying a motorcycle. [No license may be issued until the applicant has reached the age of 16 years.] The term "licensed driving experience" as used in this subsection does not include driving experience gained under an instruction permit issued pursuant to the provisions of this section.
2. The department may, in its discretion, issue a temporary driver's permit to an applicant for a driver's license permitting him to drive a motor vehicle while the department is completing its investigation and determination of all facts relative to [such] the applicant's right to receive a driver's license. [Such] The permit must be in his immediate possession while driving a motor vehicle, and [it shall be] is invalid when the applicant's license has been issued or for good cause has been refused.
3. The department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit effective for a school year, or more restricted period, to an applicant who is enrolled in a driver education program which includes practice driving and which is approved by the department even though the applicant has not reached the legal age to be eligible for a driver's license. [Such] The instruction permit [shall entitle] entitles the permittee , when he has [such] the permit in his immediate possession , to drive a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.
Sec. 9 NRS 483.620 is hereby amended to read as follows:
483.620 It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, and sections 3 and 4 of this act, unless such violation is , by NRS 483.010 to 483.630, inclusive, or other law of this state , declared to be a felony.
Sec. 10 NRS 483.725 is hereby amended to read as follows:
483.725 Each course of training provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act must include, without limitation, instruction in [motor] :
1. Motor vehicle insurance.
2. The effect of drugs and alcohol on an operator of a motor vehicle.
Sec. 11 NRS 389.090 is hereby amended to read as follows:
389.090 1. The state board [of education] shall adopt regulations governing the establishment, conduct and scope of automobile driver education in the public schools of this state.
2. The aims and purposes of automobile driver education are to develop the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.
3. The board of trustees of a school district [may] shall establish and maintain automobile driver education classes during regular semesters and summer sessions and during the regular school day and at times other than during the regular school day for:
(a) Pupils enrolled in the regular full-time day high schools in the school district.
(b) Pupils enrolled in summer classes conducted in high schools in the school district.
4. A board of trustees maintaining courses in automobile driver education shall insure against any liability arising out of the use of motor vehicles in connection with those courses. The cost of the insurance must be paid from available school district funds.
5. Automobile driver education must be provided by boards of trustees of school districts in accordance with regulations of the state board [of education] and may not be duplicated by any other agency, department, commission or officer of the State of Nevada.
6. Each course in automobile driver education provided by a board of trustees of a school district must include, without limitation, instruction in [motor] :
(a) Motor vehicle insurance.
(b) The effect of drugs and alcohol on an operator of a motor vehicle.
7. Each course in automobile driver education provided by a board of trustees of a school district must be:
(a) Given for not less than one-half of the school year in all high schools in the district; and
(b) Restricted to pupils who are sophomores, juniors or seniors in high school.
Sec. 12 1. The amendatory provisions of section 4 of this act do not apply to offenses that are committed before the passage and approval of section 4 of this act.
2. The amendatory provisions of section 5 of this act do not apply to any person who has been issued a driver's license before October 1, 1998.
Sec. 13 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 14 1. This section and sections 1, 3, 4, 9, 12 and 13 of this act become effective upon passage and approval.
2. Sections 2, 5 to 8, inclusive, 10 and 11 of this act become effective on October 1, 1998.