SB256

Senate Bill No. 256–Senators Cegavske, Amodei, O’Connell, Care, Nolan, Coffin, Hardy, Mathews, McGinness, Neal, Raggio, Rawson, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

March 10, 2003

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Joint Sponsors: Assemblymen Hettrick, Gibbons, Williams, Knecht, Brown, Andonov, Angle, Beers, Christensen, Claborn, Collins, Giunchigliani, Griffin, Mabey, Manendo, Marvel, Mortenson, Sherer and Weber

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Referred to Committee on Transportation

SUMMARY—Makes various changes concerning drivers’ licenses issued to persons under 18 years of age. (BDR 43‑714)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Yes.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to motor vehicles; making various changes concerning the issuance of drivers’ licenses to persons who are 16 or 17 years of age; revising certain restrictions relating to the transportation of passengers who are under 18 years of age; providing that the parent or legal guardian of a person who commits certain violations with respect to the operation of a motor vehicle is liable to pay the fine or penalties imposed for such a violation and may be required to perform community service if unable to pay the fine or penalties; revising provisions relating to automobile driver education in public schools; providing penalties; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 483 of NRS is hereby amended by adding

1-2 thereto the provisions set forth as sections 2 to 6, inclusive, of this

1-3 act.

1-4 Sec. 2. 1. The Department may issue a driver’s license to a

1-5 person who is 16 or 17 years of age if:

1-6 (a) Except as otherwise provided in subsection 2, he has

1-7 completed a course:

1-8 (1) In automobile driver education pursuant to NRS

1-9 389.090; or

1-10 (2) Provided by a school for training drivers which is

1-11 licensed pursuant to NRS 483.700 to 483.780, inclusive, and

1-12 which complies with the applicable regulations governing the

1-13 establishment, conduct and scope of automobile driver education

1-14 adopted by the State Board of Education pursuant to

1-15 NRS 389.090;

1-16 (b) He has at least 50 hours of supervised experience in

1-17 driving a motor vehicle with a restricted license, instruction permit

1-18 or restricted instruction permit issued pursuant to NRS 483.267,

1-19 483.270 or 483.280, including, without limitation, at least 10 hours

1-20 of experience in driving a motor vehicle during darkness;

1-21 (c) He submits to the Department a form provided by the

1-22 Department that is signed:

1-23 (1) By his parent or legal guardian; or

1-24 (2) If the person applying for the driver’s license is an

1-25 emancipated minor, by a licensed driver who is at least 21 years of

1-26 age or by a licensed driving instructor,

1-27 which attests that the person applying for the driver’s license has

1-28 completed the training and experience required pursuant to

1-29 paragraphs (a) and (b);

1-30 (d) He has not been found to be responsible for a motor

1-31 vehicle accident during the 6 months before he applies for the

1-32 driver’s license;

1-33 (e) He has not been convicted of a moving traffic violation or a

1-34 crime involving alcohol or a controlled substance during the 6

1-35 months before he applies for the driver’s license; and

1-36 (f) He has held an instruction permit for not less than 6

1-37 months before he applies for the driver’s license.

1-38 2. A person who is 16 or 17 years of age and who:

1-39 (a) Resides in a county whose population is less than 50,000 or

1-40 in a city or town whose population is less than 25,000; and

2-1 (b) Is not enrolled in a school or is enrolled in a school that

2-2 does not offer automobile driver education,

2-3 is not required to complete a course as required pursuant to

2-4 paragraph (a) of subsection 1.

2-5 Sec. 3. 1. Except as otherwise provided in subsection 2, a

2-6 person to whom a driver’s license is issued pursuant to section 2 of

2-7 this act shall not, during the first 6 months after the date on which

2-8 the driver’s license is issued, transport as a passenger a person

2-9 who is under 18 years of age.

2-10 2. A person to whom a driver’s license is issued pursuant to

2-11 section 2 of this act may transport as a passenger a member of his

2-12 immediate family, regardless of the age of the family member.

2-13 3. If the parent or legal guardian of a person to whom a

2-14 driver’s license is issued pursuant to section 2 of this act

2-15 knowingly and willfully allows the person to operate a motor

2-16 vehicle in violation of this section, the parent or legal guardian is

2-17 liable for all fines and penalties imposed against the person. If the

2-18 parent or legal guardian is unable to pay the fine and penalties

2-19 resulting from a violation of this section because of financial

2-20 hardship, the court may require the parent or legal guardian to

2-21 perform community service.

2-22 Sec. 4. 1. A peace officer shall not stop a motor vehicle for

2-23 the sole purpose of determining whether the driver is violating a

2-24 provision of section 3 of this act. A citation may be issued for a

2-25 violation of section 3 of this act only if the violation is discovered

2-26 when the vehicle is halted or its driver arrested for another alleged

2-27 violation or offense.

2-28 2. A violation of section 3 of this act:

2-29 (a) Is not a moving traffic violation pursuant to NRS 483.473;

2-30 and

2-31 (b) Is not grounds for suspension or revocation of the driver’s

2-32 license pursuant to NRS 483.360.

2-33 Sec. 5. The Department may:

2-34 1. With respect to a driver’s license that is issued pursuant to

2-35 section 2 of this act:

2-36 (a) Include on the face of the license the original date on

2-37 which the license was issued; or

2-38 (b) Otherwise indicate that the license is for use by a person

2-39 who:

2-40 (1) Is 16 or 17 years of age; and

2-41 (2) Satisfied the requirements set forth in section 2 of this

2-42 act before receiving the license;

2-43 2. Issue drivers’ licenses pursuant to section 2 of this act with

2-44 distinguishing characteristics which clearly indicate that the

2-45 licensee is 16 or 17 years of age; and

3-1 3. Adopt regulations necessary to carry out the laws

3-2 governing the issuance of drivers’ licenses pursuant to section 2 of

3-3 this act.

3-4 Sec. 6. If the driver’s license of a person who is under 18

3-5 years of age is restricted or suspended as a result of an act

3-6 committed in violation of sections 2 to 6, inclusive, of this act, the

3-7 restriction or suspension remains in effect until the end of the

3-8 term of the restriction or suspension even if the person becomes 18

3-9 years of age before the end of the term of the restriction or

3-10 suspension.

3-11 Sec. 7. NRS 483.250 is hereby amended to read as follows:

3-12 483.250 The Department shall not issue any license pursuant to

3-13 the provisions of NRS 483.010 to 483.630, inclusive:

3-14 1. To any person who is under the age of 18 years, except that

3-15 the Department may issue:

3-16 (a) A restricted license to a person between the ages of 14 and

3-17 18 years pursuant to the provisions of NRS 483.267 and 483.270.

3-18 (b) An instruction permit to a person who is at least 15 1/2 years

3-19 of age pursuant to the provisions of subsection 1 of NRS 483.280.

3-20 (c) A restricted instruction permit to a person under the age of

3-21 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

3-22 (d) [Except as otherwise provided in paragraph (e), a license to a

3-23 person between the ages of 15 3/4 and 18 years if:

3-24 (1) He has completed a course:

3-25 (I) In automobile driver education pursuant to NRS

3-26 389.090; or

3-27 (II) Provided by a school for training drivers licensed

3-28 pursuant to NRS 483.700 to 483.780, inclusive, if the course

3-29 complies with the applicable regulations governing the

3-30 establishment, conduct and scope of automobile driver education

3-31 adopted by the State Board of Education pursuant to NRS 389.090;

3-32 (2) He has at least 50 hours of experience in driving a motor

3-33 vehicle with a restricted license, instruction permit or restricted

3-34 instruction permit issued pursuant to NRS 483.267, 483.270 or

3-35 483.280;

3-36 (3) His parent or legal guardian signs and submits to the

3-37 Department a form provided by the Department which attests that

3-38 the person who wishes to obtain the license has completed the

3-39 training and experience required by subparagraphs (1) and (2); and

3-40 (4) He has held an instruction permit for at least:

3-41 (I) Ninety days before he applies for the license, if he was

3-42 under the age of 16 years at the time he obtained the instruction

3-43 permit;

4-1 (II) Sixty days before he applies for the license, if he was

4-2 at least 16 years of age but less than 17 years of age at the time he

4-3 obtained the instruction permit; or

4-4 (III) Thirty days before he applies for the license, if he

4-5 was at least 17 years of age but less than 18 years of age at the time

4-6 he obtained the instruction permit.

4-7 (e) A license to a person who is between the ages of 15 3/4 and

4-8 18 years if:

4-9 (1) The public school in which he is enrolled is located in a

4-10 county whose population is less than 50,000 or in a city or town

4-11 whose population is less than 25,000;

4-12 (2) The public school does not offer automobile driver

4-13 education;

4-14 (3) He has at least 50 hours of experience in driving a motor

4-15 vehicle with a restricted license, instruction permit or restricted

4-16 instruction permit issued pursuant to NRS 483.267, 483.270 or

4-17 483.280;

4-18 (4) His parent or legal guardian signs and submits to the

4-19 Department a form provided by the Department which attests that

4-20 the person who wishes to obtain the license has completed the

4-21 experience required by subparagraph (3); and

4-22 (5) He has held an instruction permit for at least:

4-23 (I) Ninety days before he applies for the license, if he was

4-24 under the age of 16 years at the time he obtained the instruction

4-25 permit;

4-26 (II) Sixty days before he applies for the license, if he was

4-27 at least 16 years of age but less than 17 years of age at the time he

4-28 obtained the instruction permit; or

4-29 (III) Thirty days before he applies for the license, if he

4-30 was at least 17 years of age but less than 18 years of age at the time

4-31 he obtained the instruction permit.] A driver’s license to a person

4-32 who is 16 or 17 years of age pursuant to the provisions of section 2

4-33 of this act.

4-34 2. To any person whose license has been revoked until the

4-35 expiration of the period during which he is not eligible for a license.

4-36 3. To any person whose license has been suspended, but upon

4-37 good cause shown to the Administrator, the Department may issue a

4-38 restricted license to him or shorten any period of suspension.

4-39 4. To any person who has previously been adjudged to be

4-40 afflicted with or suffering from any mental disability or disease and

4-41 who has not at the time of application been restored to legal

4-42 capacity.

4-43 5. To any person who is required by NRS 483.010 to 483.630,

4-44 inclusive, to take an examination, unless he has successfully passed

4-45 the examination.

5-1 6. To any person when the Administrator has good cause to

5-2 believe that by reason of physical or mental disability that person

5-3 would not be able to operate a motor vehicle safely.

5-4 7. To any person who is not a resident of this state.

5-5 8. To any child who is the subject of a court order issued

5-6 pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

5-7 62.2255, 62.226 or 62.228 which delays his privilege to drive.

5-8 9. To any person who is the subject of a court order issued

5-9 pursuant to NRS 206.330 which suspends or delays his privilege to

5-10 drive until the expiration of the period of suspension or delay.

5-11 Sec. 8. NRS 483.255 is hereby amended to read as follows:

5-12 483.255 The Department shall adopt regulations that set forth

5-13 the number of hours of training which a person whose age is less

5-14 than 18 years must complete in a course provided by a school for

5-15 training drivers to be issued a driver’s license pursuant to

5-16 subparagraph (2) of paragraph [(d)] (a) of subsection 1 of [NRS

5-17 483.250.] section 2 of this act. The regulations must require that the

5-18 number of hours that must be completed by such a person be

5-19 comparable to the number of hours of instruction which would be

5-20 required of such a person if he completed his training in a course

5-21 provided pursuant to NRS 389.090.

5-22 Sec. 9. NRS 483.620 is hereby amended to read as follows:

5-23 483.620 It is a misdemeanor for any person to violate any of

5-24 the provisions of NRS 483.010 to 483.630, inclusive, and sections 2

5-25 to 6, inclusive, of this act, unless such violation is, by NRS 483.010

5-26 to 483.630, inclusive, and sections 2 to 6, inclusive, of this act or

5-27 other law of this state, declared to be a felony.

5-28 Sec. 10. NRS 484.466 is hereby amended to read as follows:

5-29 484.466 1. A person shall not operate a motor vehicle in a

5-30 jurisdiction during any time when he is in violation of a curfew in

5-31 the jurisdiction.

5-32 2. If the parent or legal guardian of a person under the age of

5-33 18 years knowingly and willfully allows the person to operate a

5-34 motor vehicle in violation of this section, the parent or legal

5-35 guardian is liable for all fines and penalties imposed against the

5-36 person. If the parent or legal guardian is unable to pay the fine

5-37 and penalties resulting from a violation of this section because of

5-38 financial hardship, the court may require the parent or legal

5-39 guardian to perform community service.

5-40 Sec. 11. NRS 389.090 is hereby amended to read as follows:

5-41 389.090 1. The State Board shall adopt regulations governing

5-42 the establishment, conduct and scope of automobile driver education

5-43 in the public schools of this state. The regulations must set forth,

5-44 without limitation:

6-1 (a) The number of hours of training that must be completed by a

6-2 pupil who enrolls in a course in automobile driver education;

6-3 (b) That a course in automobile driver education [may be] :

6-4 (1) Must include a component of training conducted in a

6-5 classroom [or] ; and

6-6 (2) May, in addition to the component of training

6-7 conducted in a classroom, include a component of training

6-8 conducted in a motor vehicle ; [, or both;] and

6-9 (c) That if a course in automobile driver education [is] includes

6-10 components of training conducted both in a classroom and in a

6-11 motor vehicle[, 1] :

6-12 (1) One hour of training in a motor vehicle is equivalent to 3

6-13 hours of training in a classroom[.] ; and

6-14 (2) Not more than one-half of the required number of

6-15 hours of training described in paragraph (a) may be training in a

6-16 motor vehicle.

6-17 2. The aims and purposes of automobile driver education are to

6-18 develop the knowledge, attitudes, habits and skills necessary for the

6-19 safe operation of motor vehicles.

6-20 3. The board of trustees of a school district may establish and

6-21 maintain courses in automobile driver education during regular

6-22 semesters and summer sessions and during the regular school day

6-23 and at times other than during the regular school day for:

6-24 (a) Pupils enrolled in the regular full-time day high schools in

6-25 the school district.

6-26 (b) Pupils enrolled in summer classes conducted in high schools

6-27 in the school district.

6-28 A board of trustees maintaining courses in automobile driver

6-29 education shall insure against any liability arising out of the use of

6-30 motor vehicles in connection with those courses. The cost of the

6-31 insurance must be paid from available money of the school district.

6-32 4. A governing body of a charter school may establish and

6-33 maintain courses in automobile driver education if the governing

6-34 body insures against any liability arising out of the use of motor

6-35 vehicles in connection with those courses.

6-36 5. Automobile driver education must be provided by boards of

6-37 trustees of school districts and governing bodies of charter schools

6-38 in accordance with the regulations of the State Board and may not

6-39 be duplicated by any other agency, department, commission or

6-40 officer of the State of Nevada.

6-41 6. Each course in automobile driver education provided by a

6-42 board of trustees of a school district or a governing body of a charter

6-43 school must include, without limitation, instruction in:

6-44 (a) Motor vehicle insurance.

7-1 (b) The effect of drugs and alcohol on an operator of a motor

7-2 vehicle.

7-3 7. Each course in automobile driver education provided by a

7-4 board of trustees of a school district or a governing body of a charter

7-5 school must be restricted to pupils who are at least 15 years of age.

7-6 Sec. 12. NRS 483.253 is hereby repealed.

7-7 Sec. 13. The provisions of sections 2 to 5, inclusive, and 7 of

7-8 this act do not apply to a person who has been issued a driver’s

7-9 license before October 1, 2003.

7-10 TEXT OF REPEALED SECTION

7-11 483.253 Restrictions on transporting passengers who are

7-12 under 18 years of age; exception for members of immediate

7-13 family.

7-14 1. If a person is under the age of 16 years on the date on which

7-15 the Department issues a license to him pursuant to NRS 483.250, he

7-16 shall not, during the 90 days immediately succeeding the date on

7-17 which the Department issues that license, transport as a passenger

7-18 in a motor vehicle that he is driving any person under the age of 18

7-19 years unless that passenger is a member of his immediate family.

7-20 2. If a person is 16 years of age or older but less than 17 years

7-21 of age on the date on which the Department issues a license to him

7-22 pursuant to NRS 483.250, he shall not, during the 60 days

7-23 immediately succeeding the date on which the Department issues

7-24 that license, transport as a passenger in a motor vehicle that he is

7-25 driving any person under the age of 18 years unless that passenger

7-26 is a member of his immediate family.

7-27 3. If a person is 17 years of age or older but less than 18 years

7-28 of age on the date on which the Department issues a license to him

7-29 pursuant to NRS 483.250, he shall not, during the 30 days

7-30 immediately succeeding the date on which the Department issues

7-31 that license, transport as a passenger in a motor vehicle that he is

7-32 driving any person under the age of 18 years unless that passenger

7-33 is a member of his immediate family.

7-34 H