SUMMARY--Makes various changes relating to drivers' licenses. (BDR 43-390)
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 drivers' licenses; requiring the department of motor vehicles and public safety to cancel demerit points from the demerit record of a driver under certain circumstances; prohibiting the department from issuing a driver's license to a person who has not been issued a driver's license unless that person provides proof of completion of a course in driver's training or traffic safety; requiring the suspension of the driver's license of a pupil who is declared a habitual truant or is expelled from school 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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2 1. Except as otherwise provided in this section, a driver is entitled to have the demerit points that he accumulates from a traffic violation canceled from his demerit record if:
(a) He has not accumulated any demerit points during the 18 months immediately preceding the date on which the demerit points for the traffic violation are accumulated; and
(b) He successfully completes a course of traffic safety approved by the department within the 18 months immediately following the date on which the demerit points for the traffic violation are accumulated.
2. The department shall, upon the presentation of proof by a driver who has complied with the requirements of subsection 1, suspend the demerit points accumulated by the driver for that traffic violation.
3. A suspended demerit point must be canceled from the demerit record of a driver 18 months after the date on which the demerit point is accumulated unless the driver tenders a plea of guilty or nolo contendere to, or is found guilty of, a traffic violation that occurred within that period. If the driver is charged with a traffic violation that is alleged to have occurred within that period, the department shall not cancel any suspended demerit points from the demerit record of that driver until the charge has been adjudicated.
4. A local authority shall, not later than the fifth day of each month, provide to the department:
(a) A list that includes the name, address and number of the driver's license of each driver who was charged with a traffic violation within the jurisdiction of the local authority during the previous month if, at the time that the report is prepared, the charges have not been adjudicated; and
(b) Such information as is necessary to update the status of those traffic violations that were pending at the time the last report was prepared.
5. If a driver tenders a plea of guilty or nolo contendere to, or is found guilty of, a traffic violation that occurred during the period in which a demerit point is suspended, the department shall restore the demerit point to the demerit record of the driver. If a suspended demerit point is restored to the demerit record of a driver pursuant to this subsection, the date on which it is restored shall be deemed to be the date on which the demerit point was accumulated.
6. The department shall not report a demerit point that has been suspended or canceled pursuant to this section to any insurance company or its agent who inquires about the driving record or demerit record of a driver.
7. As used in this section:
(a) "Local authority" has the meaning ascribed to it in NRS 484.079.
(b) "Traffic violation" means a conviction of a violation of any of the provisions of NRS 484.311, 484.341, 484.343, 484.361, 484.373, 484.449, 484.451, 484.461, 484.463, 484.467, subsection 2 of NRS 484.479, NRS 484.589, subsection 2 of NRS 484.607, subsection 1 of NRS 486.181, NRS 486.211, 486.231 or 486.351 in any municipal court, justice's court or district court in this state. The term includes a finding by a juvenile court that a child has violated any of the provisions set forth in this paragraph.
Sec. 3 1. Except as otherwise provided in subsection 2, upon receiving a notice pursuant to section 10 of this act that a pupil has been declared a habitual truant or has been expelled from school, the department shall, if that pupil possesses a driver's license issued pursuant to chapter 483 of NRS, suspend the driver's license of the pupil for 60 days.
2. The department is not required to suspend the driver's license of a pupil who will be 18 years of age or is expected to receive a certificate or diploma of graduation or a certificate of attendance pursuant to NRS 389.015 within 60 days after the date on which the department receives a notice of habitual truancy or expulsion pursuant to subsection 1.
3. Upon suspending the driver's license of a pupil pursuant to this section, the department shall immediately notify the pupil and a parent or legal guardian of the pupil, in writing, of the suspension of the license. If the parent or legal guardian submits a written request for a hearing not later than 5 days after he receives the notice of suspension, the department shall provide a hearing in the county where the pupil resides within 20 days after it receives the request, unless the parent or legal guardian and the department agree to hold the hearing in another county. The administrator or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers.
4. The department shall not:
(a) Report the suspension of a license pursuant to this section to any insurance company or its agent who inquires about the driving record of the pupil.
(b) Require the pupil to submit to the tests and other requirements that are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section.
Sec. 4 NRS 483.010 is hereby amended to read as follows:
483.010 NRS 483.010 to 483.630, inclusive, and sections 2 and 3 of this act, may be cited as the Uniform Motor Vehicle Drivers' License Act.
Sec. 5 NRS 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license [under] pursuant to the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 16 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 16 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 years pursuant to the provisions of subsection 3 of NRS 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 a motor vehicle with safety upon the highways.
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.
10. To any person who has not been issued a driver's license in this state, any other state or the District of Columbia, unless he provides proof, to the satisfaction of the department, that he has successfully completed a course of:
(a) Driver's education offered by a public or private secondary school in this state, any other state or the District of Columbia; or
(b) Traffic safety approved by the department.
Sec. 6 NRS 483.290 is hereby amended to read as follows:
483.290 1. Every application for an instruction permit or for a driver's license must:
(a) Be made upon a form furnished by the department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.
(c) Be accompanied by the required fee.
(d) State the full name, date of birth, sex and residence address of the applicant and briefly describe the applicant.
(e) State whether the applicant has [theretofore] previously been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.
(f) If the applicant has not been issued a driver's license in this state, any other state or the District of Columbia, include proof, to the satisfaction of the department, that he has successfully completed a course of:
(1) Driver's education offered by a public or private secondary school in this state, any other state or the District of Columbia; or
(2) Traffic safety approved by the department.
(g) Include such other information as the department may require to determine the applicant's competency and eligibility.
2. Every applicant must furnish proof of his age by displaying:
(a) If the applicant was born in the United States, a birth certificate issued by a state or the District of Columbia or other proof of the applicant's date of birth, including, but not limited to, a driver's license issued by another state or the District of Columbia, or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the department; or
(b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice, a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a driver's license issued by another state or the District of Columbia, a passport or other proof acceptable to the department.
3. At the time of applying for a driver's license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.
4. Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the applicant's social security number; or
(b) Other proof acceptable to the department, including, but not limited to, records of employment or federal income tax returns.
Sec. 7 NRS 483.475 is hereby amended to read as follows:
483.475 1. When a driver has accumulated six or more demerit points, but less than 12, the department shall notify him of this fact. If, after the department mails this notice, the driver presents proof to the department that he has successfully completed a course of traffic safety approved by the department, the department shall cancel three demerit points from his driving record. If the driver accumulates 12 or more demerit points before completing the course of traffic safety, he will not be entitled to have demerit points canceled upon the completion of the course, but must have his license suspended. A person may attend a course only once in 12 months for the purpose of reducing his demerit points. The three demerit points may only be canceled from a driver's record during the 12-month period immediately following the driver's successful completion of the course of traffic safety.
2. Any reduction of three demerit points pursuant to this section applies only to the demerit record of the driver and does not affect his driving record with the department or his insurance record.
3. The department shall use a cumulative period for the suspension of licenses pursuant to subsection 1. The periods of suspension are:
(a) For the first accumulation of 12 demerit points during a 12-month period, 6 months. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.
(b) For the second accumulation within 3 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.
(c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is not eligible for a restricted license during the suspension.
4. The department shall suspend for 1 year the license of a driver who is convicted of a sixth traffic offense within 5 years if all six offenses have been assigned a value of four or more demerit points. A driver whose license is suspended pursuant to this subsection is not eligible for a restricted license during the suspension.
5. If the department determines by its records that the license of a driver must be suspended pursuant to this section, it shall notify the driver by mail that his privilege to drive is subject to suspension.
6. Except as otherwise provided in subsection 7, the department shall suspend the license 30 days after it mails the notice required by subsection 5.
7. If a written request for a hearing is received by the department:
(a) The suspension of the license is stayed until a determination is made by the department after the hearing.
(b) The hearing must be held within 45 days after the request is received in the county where the driver resides unless he and the department agree that the hearing may be held in some other county. The scope of the hearing must be limited to whether the records of the department accurately reflect the driving history of the driver.
8. A demerit point that has been suspended pursuant to section 2 of this act must not be considered in determining the number of demerit points that a driver has accumulated on his demerit record.
Sec. 8 NRS 483.580 is hereby amended to read as follows:
483.580 A person shall not cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized [under] pursuant to the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is revoked or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228 [.] or section 3 of this act.
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 2 and 3 of this act, unless [such] that violation is by NRS 483.010 to 483.630, inclusive, and sections 2 and 3 of this act or other law of this state declared to be a felony.
Sec. 10 Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a pupil who is 14 years of age or older but less than 18 years of age is declared a habitual truant pursuant to NRS 392.140 or is expelled from school pursuant to NRS 392.466 or 392.4675, the board of trustees shall notify the department of motor vehicles and public safety, in writing, of the declaration of habitual truancy or the expulsion from school, not later than 10 days after the pupil is declared a habitual truant or is expelled from school.
2. The notice must include:
(a) The name and address of the pupil;
(b) The age and date of birth of the pupil;
(c) The name and address of a parent or the legal guardian of the pupil; and
(d) If the pupil has completed grade 11, the date on which the pupil is eligible to receive a certificate or diploma of graduation or a certificate of attendance pursuant to NRS 389.015.
Sec. 11 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.