SUMMARY--Provides for special endorsement on driver's license that designates use of license as critical to person's employment. (BDR 43-1554)
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 drivers' licenses; providing for a special endorsement on a driver's license that designates the use of the license as being critical to a person's employment; imposing a fee for such an endorsement; prohibiting the revocation or suspension of such a license under certain circumstances; 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 a new section to read as follows:
1. A person who possesses a valid driver's license issued pursuant to this chapter may apply for, and the administrator shall issue him, a special endorsement that designates the use of the driver's license as being critical to the employment of that person during the hours specified on the endorsement if:
(a) His employer provides a written declaration that, as a condition of employment, the person must drive a motor vehicle during the hours specified in the declaration;
(b) There is no reasonable alternative means of transportation that the person could use to discharge the duties and requirements of his employment;
(c) The person executes an affidavit under penalty of perjury affirming the information provided pursuant to paragraphs (a) and (b); and
(d) The person pays a fee of $25 for the endorsement.
2. An endorsement issued pursuant to subsection 1 is valid for 4 years after the date of issuance, except that the endorsement is void if the information contained thereon is no longer accurate because of a change in the conditions, hours or terms of employment.
3. Notwithstanding any specific statute to the contrary, the driver's license of a person who possesses a valid special endorsement issued pursuant to subsection 1 may not be revoked or suspended for driving under the influence of intoxicating liquor or a controlled substance unless he was arrested for that conduct during the course of employment and the hours specified on the special endorsement.
Sec. 2 NRS 483.020 is hereby amended to read as follows:
483.020As used in NRS 483.010 to 483.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and phrases defined in NRS 483.030 to 483.190, inclusive, have the meanings respectively ascribed to them in those sections.
Sec. 3 NRS 483.460 is hereby amended to read as follows:
483.460 Except as otherwise provided in section 1 of this act or by other specific statute:
1. [Except as otherwise provided by statute, the] The department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 180 days if the offense is a first violation within 7 years of NRS 484.379 by a person during the course of his employment and the hours specified on a special endorsement issued pursuant to section 1 of this act.
(d) For a period of 90 days [,] if the offense is a first violation within 7 years of NRS 484.379 [.] , other than a violation described in paragraph (c).
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:
(a) For 1 year if it is his first such offense during the period of required use of the device.
(b) For 5 years if it is his second such offense during the period of required use of the device.
5. When the department is notified that a court has:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, ordered the suspension or delay in issuance of a child's license;
(b) Pursuant to NRS 206.330, ordered the suspension or delay in issuance of a person's license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a child's license,
the department shall take such actions as are necessary to carry out the court's order.