Senate Bill No. 355

Senate Bill No. 355-Committee on Transportation

CHAPTER

328

AN ACT relating to motor vehicles; revising the definition of "resident" for the purposes of determining persons who are required to obtain a driver's license; revising the requirements for the issuance of a driver's license to an international student or instructor; revising the provisions governing fees related to commercial drivers' licenses; and providing other matters properly relating thereto.

[Approved July 5, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. "Foreign exchange student" means a student:
1. Whose legal residence is not in the United States;
2. Who comes into this state to attend an educational institution for 1 school year; and
3. Who returns to his legal residence at the end of that school year.
Sec. 3. "International instructor" means a person:
1. Who is at least 18 years of age;
2. Whose legal residence is not in this state;
3. Who comes into this state to teach at an educational institution for an indefinite period; and
4. Who may declare himself to be a resident of this state for the limited purpose of obtaining a driver's license or identification card.
Sec. 4. "International student" means a student:
1. Who is at least 18 years of age;
2. Whose legal residence is not in this state;
3. Who comes into this state to attend an educational institution for an indefinite period; and
4. Who may declare himself to be a resident of this state for the limited purpose of obtaining a driver's license or identification card.
Sec. 5. 1. The department may issue a Nevada driver's license to an international student or instructor who declares himself to be a resident of this state for the limited purpose of obtaining a driver's license.
2. An application for a driver's license pursuant to this section must be made on a form provided by the department.
3. A driver's license issued pursuant to this section:
(a) Expires on the first anniversary date of the licensee's birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. The license may be extended for an additional year, not to exceed 3 additional years:
(1) If the licensee submits such proof as may be required by the department that he is an international student or instructor; and
(2) Upon the payment of a fee for the extension that is established by the department in an amount necessary to cover the administrative expense of extending the license.
(b) Must be renewed on the fourth anniversary date of the licensee's birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal.
4. No license may be issued pursuant to this section until the department is satisfied fully as to the applicant's competency and fitness to drive a motor vehicle.
Sec. 6. NRS 483.020 is hereby amended to read as follows:
483.020As used in NRS 483.010 to 483.630, inclusive, and section 5 of this act, unless the context otherwise requires, the words and [phrases] terms defined in NRS 483.030 to 483.190, inclusive, and sections 2, 3 and 4 of this act, have the meanings [respectively] ascribed to them in those sections.
Sec. 7. NRS 483.115 is hereby amended to read as follows:
483.115"Out-of-state student" means a student [whose] :
1. Whose legal residence is not in this state [and who] ;
2. Who comes into [Nevada for the purpose of attending] this state to attend an educational institution [.] ; and
3. Who returns to his legal residence during the summer months.
Sec. 8. NRS 483.141 is hereby amended to read as follows:
483.1411. "Resident" includes , but is not limited to , a person:
(a) Whose legal residence is in the State of Nevada.
(b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or any person maintaining such vehicles in this state, as the home state of such vehicles.
(c) Who physically resides in this state and engages in a trade, profession, occupation or accepts gainful employment in this state.
(d) Who declares himself to be a resident of [Nevada for purposes of obtaining] this state to obtain privileges not ordinarily extended to nonresidents of this state.
2. The term does not include a person who is an actual tourist, an out-of-state student, a foreign exchange student, a border state employee or a seasonal resident.
3. The provisions of this section do not apply to drivers of vehicles operated in this state under the provisions of NRS 706.801 to 706.861, inclusive, 482.385, 482.390 or 482.395.
Sec. 9. NRS 483.380 is hereby amended to read as follows:
483.3801. [Every] Except as otherwise provided in section 5 of this act, every driver's license expires on the fourth anniversary of the licensee's birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of NRS 483.010 to 483.630, inclusive, considered to have the anniversary of his birth fall on February 28.
2. Every license is renewable at any time before its expiration upon application and payment of the required fee.
3. The department may, by regulation, defer the expiration of the driver's license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.
Sec. 10. NRS 483.910 is hereby amended to read as follows:
483.910 1. The department shall charge and collect the following fees:

For an original commercial driver's license which requires the department to administer a [knowledge test and a] driving skills test $84

For an original commercial driver's license which [requires] does not require the department to administer a [knowledge] driving skills test 54

For renewal of a commercial driver's license which requires the department to administer a driving skills test 84

For renewal of a commercial driver's license which does not require the department to administer a driving skills test 54

For reinstatement of a commercial driver's license [which requires the department to administer a knowledge test and a driving skills test] after suspension [, revocation, cancellation or disqualification] or revocation of the license for a violation of NRS 484.379 or 484.3795, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii) 84

For reinstatement of a commercial driver's license [which requires the department to administer a knowledge test] after suspension, revocation, cancellation or disqualification of the license , except a suspension or revocation for a violation of NRS 484.379 or 484.3795, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii) 54

For the transfer of a commercial driver's license from another jurisdiction , which requires the department to administer a [knowledge test and a] driving skills test 84

For the transfer of a commercial driver's license from another jurisdiction , which [requires] does not require the department to administer a [knowledge] driving skills test 54

For a duplicate commercial driver's license 19

For any change of information on a commercial driver's license 9

For each endorsement added after the issuance of an original commercial driver's license [which does not require the department to administer a driving skills test] 14

For [each endorsement added after the issuance of an original commercial driver's license which requires the department to administer] the administration of a driving skills test to change any information on, or add an endorsement to, an existing commercial driver's license 30

2. The department shall charge and collect an annual fee of $555 from each person who is authorized by the department to administer a driving skills test pursuant to NRS 483.912.
3. An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.
4. An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.
5. The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.
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