Assembly Bill No. 325–Assemblymen Buckley, Conklin, Koivisto, Parks, Leslie, Anderson, Arberry, Atkinson, Claborn, Collins, Giunchigliani, Grady, Horne, Mabey, Manendo, McClain, Perkins, Pierce, Sherer, Weber and Williams
March 14, 2003
____________
Referred to Committee on Transportation
SUMMARY—Makes various changes relating to motor vehicles that have sustained certain damages. (BDR 43‑222)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
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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; requiring certain replacement and repairs if an airbag or seatbelt assembly in a vehicle has sustained certain damages; imposing certain restrictions and requirements upon the transfer and titling of vehicles that have sustained certain damages; requiring certain notices and disclosures regarding such vehicles; imposing civil liability and providing criminal penalties for certain violations relating thereto; revising certain provisions governing the registration or licensure of garagemen and body shops; 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. NRS 482.098 is hereby amended to read as follows:
1-2 482.098 “Rebuilt vehicle” means a vehicle[,] :
1-3 1. That is a salvage vehicle as that term is defined in section 9
1-4 of this act, excluding a nonrepairable vehicle; or
1-5 2. A vehicle one or more major components of which have
1-6 been replaced as set forth in this subsection. For the purposes of this
1-7 [section,] subsection, the requisite major components of a vehicle
2-1 which must be replaced for a vehicle to be considered rebuilt are
2-2 the:
2-3 [1.] (a) Cowl assembly;
2-4 [2.] (b) Rear clip assembly;
2-5 [3.] (c) Roof;
2-6 [4.] (d) Floor pan assembly; or
2-7 [5.] (e) Conventional frame coupled with one additional major
2-8 component.
2-9 Sec. 1.5. NRS 482.470 is hereby amended to read as follows:
2-10 482.470 1. If any vehicle is dismantled, junked or rendered
2-11 inoperative and unfit for further use in accordance with the original
2-12 purpose for which it was constructed, the owner shall deliver to the
2-13 Department any certificate of registration and certificate of
2-14 ownership issued by the Department or any other jurisdiction, unless
2-15 the certificate of ownership is required for the collection of any
2-16 insurance or other indemnity for the loss of the vehicle, or for
2-17 transfer in order to dispose of the vehicle.
2-18 2. Any other person taking possession of a vehicle described in
2-19 subsection 1 shall immediately deliver to the Department any
2-20 license plate or plates, certificate of registration or certificate of
2-21 ownership issued by the Department or any other jurisdiction, if he
2-22 has acquired possession of any of these and unless the certificate of
2-23 ownership is required for a further transfer in the ultimate
2-24 disposition of the vehicle.
2-25 3. The Department may issue a salvage title as provided in
2-26 chapter 487 of NRS. [The Department shall not charge a fee for the
2-27 issuance of the salvage title.]
2-28 4. The Department shall destroy any plate or plates [,
2-29 certificate of registration or certificate of ownership that is] that are
2-30 returned in a manner described in subsections 1 and 2. [The
2-31 Department shall not issue a certificate of registration or certificate
2-32 of ownership for a vehicle with the same identification number as
2-33 the dismantled, junked or inoperative vehicle if the vehicle was
2-34 manufactured in the 5 years preceding the date on which it was
2-35 dismantled, junked or otherwise rendered inoperative, unless the
2-36 Department authorizes the restoration of the vehicle pursuant to
2-37 subsection 2 of NRS 482.553.]
2-38 Sec. 2. Chapter 487 of NRS is hereby amended by adding
2-39 thereto the provisions set forth as sections 2.5 to 19, inclusive, of
2-40 this act.
2-41 Sec. 2.5. 1. Except as otherwise provided in subsection 3, if
2-42 a salvage vehicle is repaired or rebuilt by a garageman or operator
2-43 of a body shop, the repairs or rebuilding must comply with the
2-44 standards published and commonly applied in the motor vehicle
2-45 repair industry.
3-1 2. Except as otherwise provided in subsection 3, if any safety
3-2 equipment that was present in a motor vehicle at the time it was
3-3 manufactured is repaired or replaced by a garageman or operator
3-4 of a body shop, the equipment must be repaired or replaced to the
3-5 standards published and commonly applied in the motor vehicle
3-6 repair industry.
3-7 3. If a motor vehicle has been in an accident and a
3-8 garageman or operator of a body shop accepts or assumes control
3-9 of the motor vehicle to make any repair, the garageman or
3-10 operator shall:
3-11 (a) For a motor vehicle that is equipped with an airbag that
3-12 has been deployed, replace the airbag in a manner that complies
3-13 with the standards set forth in 49 C.F.R. § 571.208, Standard No.
3-14 208, for such equipment.
3-15 (b) For a motor vehicle that is equipped with a seatbelt
3-16 assembly which requires repair or replacement, repair or replace
3-17 the seatbelt assembly in a manner that complies with the standards
3-18 set forth in 49 C.F.R. § 571.209, Standard No. 209, for such
3-19 equipment.
3-20 4. A garageman or operator of a bodyshop who is licensed
3-21 pursuant to the provisions of chapter 487 of NRS who performs
3-22 the work required pursuant to this section shall retain a written
3-23 record of the work, including, without limitation, the date of the
3-24 repair, rebuilding or replacement, and any identifying information
3-25 regarding any parts or equipment used in the repair, rebuilding or
3-26 replacement.
3-27 Sec. 3. As used in NRS 487.045, 487.110, 487.120, 487.150
3-28 and 487.185 and sections 3 to 16, inclusive, of this act, the words
3-29 and terms defined in NRS 487.045 and sections 4 to 10, inclusive,
3-30 of this act have the meanings ascribed to them in those sections.
3-31 Sec. 4. “Cost of repair” means the cost to repair a vehicle,
3-32 which is established pursuant to section 15 of this act.
3-33 Sec. 5. “Fair market value” means the retail value of a
3-34 motor vehicle that is established by:
3-35 1. An objective motor vehicle appraisal based upon local
3-36 market resources, including, without limitation, automobile
3-37 dealers and classified advertisements of newspapers;
3-38 2. An independent appraisal service;
3-39 3. A current issue of a nationally recognized guide used by
3-40 financial institutions in this state for the valuation of used motor
3-41 vehicles; or
3-42 4. A computer-based service commonly used by the insurance
3-43 industry for the valuation of used motor vehicles.
3-44 Sec. 6. “Flood-damaged vehicle” means a motor vehicle
3-45 which:
4-1 1. Has been submerged in water to a point that the level of
4-2 the water is higher than the door sill of the vehicle and the water
4-3 has entered the passenger, trunk or engine compartment of the
4-4 vehicle and has come into contact with the electrical system of the
4-5 vehicle; or
4-6 2. Has been acquired by an insurance company or retained
4-7 by its owner or any other person as part of a total loss settlement
4-8 resulting from water damage.
4-9 Sec. 7. “Motor vehicle” has the meaning ascribed to it in
4-10 NRS 482.075.
4-11 Sec. 8. “Nonrepairable vehicle” means a motor vehicle other
4-12 than an abandoned vehicle, as defined in NRS 487.210, that:
4-13 1. Has value only as a source of parts or scrap metal;
4-14 2. Has been designated by its owner for dismantling as a
4-15 source of parts or scrap metal;
4-16 3. Has been stripped of all body panels, doors, hatches,
4-17 substantially all interior components and substantially all grill and
4-18 light assemblies; or
4-19 4. Has been burned, destroyed or otherwise damaged to such
4-20 an extent that it cannot be returned to a condition which is legal
4-21 for operation on the highways of this state.
4-22 Sec. 9. “Salvage vehicle” means a motor vehicle that at any
4-23 time has been declared a total loss vehicle, flood-damaged vehicle,
4-24 nonrepairable vehicle or had “salvage” or a similar word or
4-25 designation placed on any title issued for the vehicle.
4-26 Sec. 10. “Title” means a certificate of title or any other
4-27 document issued by any state or country indicating the ownership
4-28 of a motor vehicle.
4-29 Sec. 11. 1. Any person who transfers an interest in a motor
4-30 vehicle in this state shall, before the transfer, disclose in writing to
4-31 the transferee any information that the transferor knows or
4-32 reasonably should know concerning whether the vehicle is a
4-33 salvage vehicle.
4-34 2. If the transferor is subject to any of the provisions of NRS
4-35 482.423 to 482.4245, inclusive, the transferor shall:
4-36 (a) Make the disclosure required by subsection 1 before
4-37 executing a contract of sale or a long-term lease;
4-38 (b) Provide a copy of the disclosure to the transferee; and
4-39 (c) Retain the written disclosure in his records for the period
4-40 specified in NRS 482.3263.
4-41 3. A person who violates subsection 1 is guilty of obtaining
4-42 property by false pretenses as provided in NRS 205.380.
4-43 Sec. 12. 1. A person shall not remove, cause to be removed
4-44 or conceal a marking on a salvage title or other title which
4-45 indicates that the vehicle is a salvage vehicle.
5-1 2. A person who knowingly violates subsection 1 with the
5-2 intent to defraud:
5-3 (a) If the fair market value of the vehicle involved is $250 or
5-4 more, is guilty of a category D felony and shall be punished as
5-5 provided in NRS 193.130.
5-6 (b) If the fair market value of the vehicle involved is less than
5-7 $250, is guilty of a misdemeanor.
5-8 In addition to any other penalty, the court shall order the person
5-9 to pay restitution to the victim.
5-10 Sec. 13. 1. A person who, with the intent to defraud,
5-11 violates any provision of section 11 or 12 of this act is liable to any
5-12 purchaser or lessee of a motor vehicle who is harmed by that
5-13 violation for:
5-14 (a) Three times the amount of actual damages sustained by the
5-15 purchaser or lessee;
5-16 (b) Five thousand dollars; or
5-17 (c) Actual damages sustained by the purchaser or lessee and
5-18 such punitive damages as may be allowed by the court,
5-19 whichever is greater.
5-20 2. If an action brought pursuant to subsection 1 is successful,
5-21 the purchaser or lessee who brought the action is entitled to the
5-22 costs of bringing the action and reasonable attorney’s fees, as
5-23 determined by the court.
5-24 3. The remedy provided in this section is in addition to and is
5-25 not a substitute for any other legal or equitable remedy available
5-26 to a purchaser or lessee of a motor vehicle who is harmed by a
5-27 violation of section 11 or 12 of this act.
5-28 Sec. 14. A nonrepairable vehicle:
5-29 1. Must be processed as parts or scrap metal by a licensed
5-30 automobile wrecker, dismantler or recycler.
5-31 2. May not be rebuilt, reconstructed or restored for operation
5-32 on the highways of this state.
5-33 3. Must be issued a certificate by the state agency which
5-34 indicates that it is a nonrepairable vehicle before any ownership
5-35 interest in the vehicle may be transferred.
5-36 Sec. 15. An estimate of the cost of repair for a motor vehicle
5-37 pursuant to NRS 487.110:
5-38 1. Must be calculated using the cost of the parts and labor
5-39 required to restore the vehicle to the condition it was in
5-40 immediately before it was wrecked, destroyed or otherwise
5-41 damaged. The cost of parts and labor must be based on:
5-42 (a) The current published actual retail price of original
5-43 manufacturer equipment, retail price of new alternative equipment
5-44 or the actual cost of used parts if new parts are not available.
6-1 (b) Rates for labor which are commonly charged in the
6-2 community in which the repairs will be performed.
6-3 2. May not include any cost associated with painting any
6-4 portion of the vehicle.
6-5 Sec. 16. 1. The state agency may issue a salvage title for a
6-6 vehicle, which contains a brief description of the vehicle,
6-7 including, insofar as data may exist with respect to the vehicle, the
6-8 make, type, serial number and motor number, or any other
6-9 number of the vehicle, upon application, to:
6-10 (a) The owner of the vehicle;
6-11 (b) The person to whom the vehicle is titled;
6-12 (c) An insurance company that acquires the vehicle as a
6-13 salvage vehicle pursuant to subsection 1 of NRS 487.110; or
6-14 (d) A lienholder who acquires title to the vehicle.
6-15 2. A properly endorsed title, together with a disclosure of
6-16 mileage, as required pursuant to the provisions of 49 U.S.C. §§
6-17 32701 et seq. and 49 C.F.R. § 580.5, must be submitted with the
6-18 application for salvage title.
6-19 3. Within 2 days after receiving all necessary documents, the
6-20 state agency shall issue a salvage title for the vehicle.
6-21 4. Except as otherwise provided in this subsection, the state
6-22 agency shall charge and collect a fee of $10 for the issuance of a
6-23 salvage title pursuant to this section. The state agency shall not
6-24 charge a fee for the issuance of a salvage title to an automobile
6-25 wrecker licensed in this state. Fees collected by the state agency
6-26 pursuant to this subsection must be deposited with the State
6-27 Treasurer for credit to the Account for Regulation of Salvage
6-28 Pools, Automobile Wreckers, Body Shops and Garages created by
6-29 NRS 487.450.
6-30 5. Ownership interest in a salvage vehicle may not be
6-31 transferred unless a salvage title has been issued by the state
6-32 agency for the vehicle.
6-33 6. Possession of a salvage title does not entitle a person to
6-34 dismantle, scrap, process or wreck any vehicle in this state unless
6-35 the person holds a license issued pursuant to NRS 487.050.
6-36 7. The Department shall not issue a salvage title for a
6-37 nonrepairable vehicle.
6-38 Sec. 17. 1. The Department may refuse to issue a
6-39 registration or, after notice and hearing, may suspend, revoke or
6-40 refuse to renew a registration to operate a garage upon any of the
6-41 following grounds:
6-42 (a) A false statement of a material fact in a certification for a
6-43 salvage vehicle required pursuant to NRS 487.110.
7-1 (b) A false statement or certification for an inspection
7-2 pursuant to NRS 487.110 which attests to the mechanical fitness
7-3 or safety of a salvage vehicle.
7-4 2. As used in this section, “salvage vehicle” has the meaning
7-5 ascribed to it in section 9 of this act.
7-6 Sec. 18. If the Director finds that the action is necessary in
7-7 the public interest, the Director may, upon notice to the
7-8 garageman, temporarily suspend or refuse to renew the certificate
7-9 of registration to operate a garage for not more than 30 days. The
7-10 Department shall conduct a hearing and issue a final decision on
7-11 the matter within 30 days after it sends notice to the garageman of
7-12 the temporary suspension.
7-13 Sec. 19. In any hearing conducted by the Department
7-14 concerning the registration of a garage, the Director may issue
7-15 subpoenas for the attendance of witnesses and the production of
7-16 evidence.
7-17 Sec. 20. NRS 487.045 is hereby amended to read as follows:
7-18 487.045 [As used in NRS 487.045 to 487.200, inclusive, “total]
7-19 “Total loss vehicle” means a motor vehicle:
7-20 1. Of a type which is subject to registration; and
7-21 2. Which has been wrecked, destroyed or otherwise damaged
7-22 to such an extent that the [owner, leasing company, financial
7-23 institution or the insurance company that insured the vehicle
7-24 considers it uneconomical to repair the vehicle; and
7-25 3. Because of that wreckage, destruction or other damage,
7-26 which is not repaired by or for the person who owned the vehicle at
7-27 the time of the event resulting in the damage.] cost of repair is 75
7-28 percent or more of the fair market value of the vehicle immediately
7-29 before it was wrecked, destroyed or otherwise damaged.
7-30 The term does not include a nonrepairable vehicle or other motor
7-31 vehicle which is 10 model years old or older and which requires
7-32 only the replacement of the hood, trunk lid, grill assembly or two
7-33 or fewer quarter panels, doors, bumper assemblies, headlight
7-34 assemblies, taillight assemblies, or any combination thereof, to
7-35 restore the vehicle to its condition before it was wrecked, destroyed
7-36 or otherwise damaged. For the purposes of this section, the model
7-37 year of manufacture is calculated based on a year beginning on
7-38 January 1 of the calendar year in which the damage occurs.
7-39 Sec. 21. NRS 487.060 is hereby amended to read as follows:
7-40 487.060 1. No license may be issued to an automobile
7-41 wrecker until he has procured and filed with the Department a good
7-42 and sufficient bond in the amount of $50,000, with a corporate
7-43 surety thereon licensed to do business in the State of Nevada,
7-44 approved as to form by the Attorney General, and conditioned that
7-45 the applicant conducts his business as a wrecker without fraud or
8-1 fraudulent representation, and without violation of the provisions of
8-2 NRS 487.045 [to 487.200, inclusive.] , 487.110, 487.120, 487.150
8-3 and 487.185 and sections 3 to 16, inclusive, of this act and NRS
8-4 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180,
8-5 487.190 and 487.200. The Department may, by agreement with any
8-6 automobile wrecker who has been licensed for 5 years or more by
8-7 the Department or a department of motor vehicles in another state,
8-8 reduce the amount of the bond of the wrecker, if the business of that
8-9 wrecker has been conducted satisfactorily for the preceding 5 years,
8-10 but no bond may be in an amount less than $5,000. The Department
8-11 shall make the necessary investigation to determine whether a
8-12 wrecker licensed in another state has conducted its business
8-13 satisfactorily.
8-14 2. The bond may be continuous in form and the total aggregate
8-15 liability on the bond must be limited to the payment of the total
8-16 amount of the bond.
8-17 3. The bond must provide that any person injured by the action
8-18 of the automobile wrecker in violation of any of the provisions of
8-19 NRS 487.045 [to 487.160, inclusive,] , 487.110, 487.120, 487.150
8-20 and 487.185 and sections 3 to 16, inclusive, of this act and NRS
8-21 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180,
8-22 487.190 and 487.200 may apply to the Director for compensation
8-23 from the bond. The Director, for good cause shown and after notice
8-24 and opportunity for hearing, may determine the amount of
8-25 compensation and the person to whom it is to be paid. The surety
8-26 shall then make the payment.
8-27 4. In lieu of a bond an automobile wrecker may deposit with
8-28 the Department, under the terms prescribed by the Department:
8-29 (a) A like amount of money or bonds of the United States or of
8-30 the State of Nevada of an actual market value of not less than the
8-31 amount fixed by the Department; or
8-32 (b) A savings certificate of a bank, credit union or savings and
8-33 loan association situated in Nevada, which must indicate an account
8-34 of an amount equal to the amount of the bond which would
8-35 otherwise be required by this section and that this amount is
8-36 unavailable for withdrawal except upon order of the Department.
8-37 Interest earned on the certificate accrues to the account of the
8-38 applicant.
8-39 5. A deposit made pursuant to subsection 4 may be disbursed
8-40 by the Director, for good cause shown and after notice and
8-41 opportunity for hearing, in an amount determined by him to
8-42 compensate a person injured by an action of the licensee, or released
8-43 upon receipt of:
8-44 (a) A court order requiring the Director to release all or a
8-45 specified portion of the deposit; or
9-1 (b) A statement signed by the person in whose name the deposit
9-2 is made and acknowledged before any person authorized to take
9-3 acknowledgments in this state, requesting the Director to release the
9-4 deposit, or a specified portion thereof, and stating the purpose for
9-5 which the release is requested.
9-6 6. When a deposit is made pursuant to subsection 4, liability
9-7 under the deposit is in the amount prescribed by the Department. If
9-8 the amount of the deposit is reduced or there is an outstanding
9-9 judgment for which the licensee is liable under the deposit, the
9-10 license is automatically suspended. The license must be reinstated if
9-11 the licensee:
9-12 (a) Files an additional bond pursuant to subsection 1;
9-13 (b) Restores the deposit with the Department to the original
9-14 amount required under this section; or
9-15 (c) Satisfies the outstanding judgment for which he is liable
9-16 under the deposit.
9-17 7. A deposit made pursuant to subsection 4 may be refunded:
9-18 (a) By order of the Director, 3 years after the date the licensee
9-19 ceases to be licensed by the Department, if the Director is satisfied
9-20 that there are no outstanding claims against the deposit; or
9-21 (b) By order of court, at any time within 3 years after the date
9-22 the licensee ceases to be licensed by the Department, upon evidence
9-23 satisfactory to the court that there are no outstanding claims against
9-24 the deposit.
9-25 8. Any money received by the Department pursuant to
9-26 subsection 4 must be deposited with the State Treasurer for credit to
9-27 the Motor Vehicle Fund.
9-28 Sec. 22. NRS 487.100 is hereby amended to read as follows:
9-29 487.100 1. Except as otherwise provided in subsection 2, any
9-30 automobile wrecker purchasing from any person other than a
9-31 licensed operator of a salvage pool, any vehicle subject to
9-32 registration pursuant to the laws of this state shall forward to the
9-33 Department the certificates of ownership and registration last issued
9-34 therefor.
9-35 2. The certificate of ownership last issued for a mobile home or
9-36 commercial coach must be sent by the wrecker to the Manufactured
9-37 Housing Division[.
9-38 3. The state agency may issue to the licensee a salvage title
9-39 containing a brief description of the vehicle, including, insofar as
9-40 data may exist with respect to the vehicle, the make, type, serial
9-41 number and motor number, or any other number of the vehicle. The
9-42 state agency shall not charge a fee for the issuance of the salvage
9-43 title.] of the Department of Business and Industry.
10-1 Sec. 23. NRS 487.110 is hereby amended to read as follows:
10-2 487.110 1. Except [as otherwise provided in subsection 2,
10-3 whenever a vehicle subject to registration is sold as salvage:
10-4 (a) As] with respect to a nonrepairable vehicle, when an
10-5 insurance company acquires a motor vehicle as a result of a [total
10-6 loss insurance settlement, the] settlement in which the motor
10-7 vehicle is determined to be a salvage vehicle, the owner of the
10-8 motor vehicle who is relinquishing ownership of the motor vehicle
10-9 shall endorse the title of the motor vehicle and forward the
10-10 endorsed title to the insurance company. The insurance company
10-11 or its authorized agent shall forward the endorsed [ownership
10-12 certificate or other evidence of] title , together with an application
10-13 for salvage title to the state agency within 30 days after receipt
10-14 [thereof; or
10-15 (b) Because the owner determines that the vehicle is a total loss
10-16 vehicle, the owner] of the endorsed title.
10-17 2. Except as otherwise provided in subsection 1, before any
10-18 ownership interest in a salvage vehicle, except a nonrepairable
10-19 vehicle, may be transferred, the owner or other person to whom
10-20 the motor vehicle is titled:
10-21 (a) If the person has possession of the title to the vehicle, shall
10-22 forward the [ownership certificate or other evidence of] endorsed
10-23 title , together with an application for salvage title to the state
10-24 agency within [120] 30 days after the vehicle [is damaged.] becomes
10-25 a salvage vehicle.
10-26 (b) If the person does not have possession of the title to the
10-27 vehicle and the title is held by a lienholder, shall notify the
10-28 lienholder within 10 days after the vehicle becomes a salvage
10-29 vehicle that the vehicle has become a salvage vehicle. The
10-30 lienholder shall, within 30 days after receiving such notice,
10-31 forward the title, together with an application for salvage title, to
10-32 the state agency.
10-33 3. An insurance company or its authorized agent may sell a
10-34 vehicle for which a total loss settlement has been made with the
10-35 properly endorsed [ownership certificate or other evidence of] title if
10-36 the total loss settlement resulted from the theft of the vehicle and the
10-37 vehicle, when recovered, was not [damaged to the extent that it was
10-38 required to be rebuilt.] a salvage vehicle.
10-39 4. An owner who has determined that a vehicle is a total loss
10-40 salvage vehicle may sell the vehicle with the properly endorsed
10-41 [ownership certificate or other evidence of] title obtained pursuant
10-42 to this section, without making any repairs to the vehicle, to a
10-43 salvage pool, automobile auction, rebuilder, automobile wrecker or
10-44 a new or used motor vehicle dealer.
11-1 [3. Upon the sale of the salvage vehicle, the insurance
11-2 company, salvage pool, automobile auction, leasing company or
11-3 financial institution which sells the salvage vehicle shall issue a bill
11-4 of sale of salvage to the purchaser on a form to be prescribed and
11-5 supplied by the state agency. The state agency shall accept the bill
11-6 of sale of salvage in lieu of the ownership certificate or other
11-7 evidence of title when accompanied by an appropriate application or
11-8 other documents and fees.
11-9 4. When the]
11-10 5. Except with respect to a nonrepairable vehicle, if a salvage
11-11 vehicle is rebuilt and [to be] restored to operation, the vehicle may
11-12 not be licensed for operation , displayed or offered for sale, or the
11-13 ownership thereof transferred , until there is submitted to the state
11-14 agency with the prescribed [bill of sale of] salvage title, an
11-15 appropriate application, other documents , including, without
11-16 limitation, an affidavit from the state agency attesting to the
11-17 inspection and verification of the vehicle identification number
11-18 and the identification numbers, if any, for parts used to repair the
11-19 motor vehicle and fees required, [and] together with a certificate of
11-20 inspection [signed by an employee of the state agency attesting to its
11-21 mechanical fitness and safety.
11-22 5. When] completed pursuant to NRS 487.150.
11-23 6. Except with respect to a nonrepairable vehicle, if a total
11-24 loss insurance settlement between [the] an insurance company and
11-25 [its insured] any person results in the retention of the salvage
11-26 vehicle by [the insured,] that person, before the execution of the
11-27 total loss settlement, the insurance company or its authorized agent
11-28 shall[, within 30 days after the date of settlement, notify the state
11-29 agency of the retention by its insured upon a form to be supplied by
11-30 the state agency.] :
11-31 (a) Obtain, upon an application for salvage title, the signature
11-32 of the person who is retaining the salvage vehicle;
11-33 (b) Append to the application for salvage title the title to the
11-34 motor vehicle or an affidavit stating that the original title has been
11-35 lost; and
11-36 (c) Apply to the state agency for a salvage title on behalf of the
11-37 person who is retaining the salvage vehicle.
11-38 7. If the state agency determines that a salvage vehicle
11-39 retained pursuant to subsection 5 is titled in another state or
11-40 territory of the United States, the state agency shall notify the
11-41 appropriate authority of that state or territory that the owner has
11-42 retained the salvage vehicle.
11-43 8. A person who retains a salvage vehicle pursuant to
11-44 subsection 6 may not transfer any ownership interest in the vehicle
11-45 unless he has received a salvage title.
12-1 Sec. 24. NRS 487.120 is hereby amended to read as follows:
12-2 487.120 1. If the applicant for a salvage title is unable to
12-3 furnish the certificates of ownership and registration last issued for
12-4 the vehicle , [or a bill of sale of salvage,] the state agency may
12-5 accept the application, examine the circumstances of the case and
12-6 require the filing of suitable affidavits or other information or
12-7 documents. If satisfied that the applicant is entitled to a salvage title,
12-8 the state agency may issue the salvage title.
12-9 2. No duplicate certificate of ownership or registration may be
12-10 issued when a salvage title is applied for, and no fees are required
12-11 for the affidavits of any stolen, lost or damaged certificate, or
12-12 duplicates thereof, unless the vehicle is subsequently registered.
12-13 Sec. 25. NRS 487.150 is hereby amended to read as follows:
12-14 487.150 [No]
12-15 1. Except with respect to a nonrepairable vehicle, a vehicle
12-16 for which a salvage title has been issued may not subsequently be
12-17 registered until it has been inspected by [the Department and found]
12-18 a garageman who operates a garage that is registered pursuant to
12-19 NRS 487.560 or by the owner of a body shop licensed pursuant to
12-20 NRS 487.630 or by an employee of such a garage or body shop
12-21 and is certified to be in a safe mechanical condition and equipped
12-22 with all safety [glass.] equipment required by the manufacturer.
12-23 2. If a garageman or owner of a body shop, or an employee
12-24 thereof, who performs an inspection pursuant to subsection 1
12-25 finds the vehicle to be in a safe mechanical condition and
12-26 equipped with all safety equipment required by the manufacturer,
12-27 the garageman, owner or employee shall complete and sign a
12-28 certificate of inspection, on a form prescribed by the state agency,
12-29 attesting to the mechanical fitness and safety of the vehicle and to
12-30 any mechanical or other work that was performed on the vehicle
12-31 at the garage or body shop. The certificate of inspection must
12-32 indicate that the motor vehicle has been repaired to the standards
12-33 of the manufacturer and any safety equipment, including, without
12-34 limitation, any occupant restraint devices, that were present in the
12-35 vehicle at the time the vehicle was manufactured are present and
12-36 operational to the specifications of the manufacturer.
12-37 Sec. 26. NRS 487.160 is hereby amended to read as follows:
12-38 487.160 1. The Department, after notice and hearing, may
12-39 suspend, revoke or refuse to renew a license of an automobile
12-40 wrecker upon determining that the automobile wrecker:
12-41 (a) Is not lawfully entitled thereto;
12-42 (b) Has made, or knowingly or negligently permitted, any illegal
12-43 use of that license;
12-44 (c) Has failed to return a salvage title to the state agency when
12-45 and as required of him by NRS 487.045 [to 487.190, inclusive;] ,
13-1 487.110, 487.120, 487.150 and 487.185 and sections 3 to 16,
13-2 inclusive, of this act; or
13-3 (d) Has failed to surrender to the state agency certificates of
13-4 ownership for vehicles before beginning to dismantle or wreck the
13-5 vehicles.
13-6 2. The applicant or licensee may, within 30 days after receipt
13-7 of the notice of refusal, suspension or revocation, petition the
13-8 Department in writing for a hearing.
13-9 3. Hearings under this section and appeals therefrom must be
13-10 conducted in the manner prescribed in NRS 482.353 and 482.354.
13-11 4. The Department may suspend, revoke or refuse to renew a
13-12 license of an automobile wrecker, or deny a license to an applicant
13-13 therefor, if the licensee or applicant:
13-14 (a) Does not have or maintain an established place of business in
13-15 this state.
13-16 (b) Made a material misstatement in any application.
13-17 (c) Willfully fails to comply with any applicable provision of
13-18 [NRS 487.045 to 487.190, inclusive.] this chapter.
13-19 (d) Fails to furnish and keep in force any bond required by NRS
13-20 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180,
13-21 487.190[, inclusive.] and 487.200.
13-22 (e) Fails to discharge any final judgment entered against him
13-23 when the judgment arises out of any misrepresentation of a vehicle,
13-24 trailer or semitrailer.
13-25 (f) Fails to maintain any license or bond required by a political
13-26 subdivision of this state.
13-27 (g) Has been convicted of a felony.
13-28 (h) Has been convicted of a misdemeanor or gross misdemeanor
13-29 for a violation of a provision of this chapter.
13-30 (i) Fails or refuses to provide to the Department an authorization
13-31 for the disclosure of financial records for the business as required
13-32 pursuant to subsection 7.
13-33 5. If an application for a license as an automobile wrecker is
13-34 denied, the applicant may not submit another application for at least
13-35 6 months after the date of the denial.
13-36 6. The Department may refuse to review a subsequent
13-37 application for licensing submitted by any person who violates any
13-38 provision of this chapter.
13-39 7. Upon the receipt of any report or complaint alleging that an
13-40 applicant or a licensee has engaged in financial misconduct or has
13-41 failed to satisfy any financial obligation related to the business of
13-42 dismantling, scrapping, processing or wrecking of vehicles, the
13-43 Department may require the applicant or licensee to submit to the
13-44 Department an authorization for the disclosure of financial records
13-45 for the business as provided in NRS 239A.090. The Department
14-1 may use any information obtained pursuant to such an authorization
14-2 only to determine the suitability of the applicant or licensee for
14-3 initial or continued licensure. Information obtained pursuant to such
14-4 an authorization may be disclosed only to those employees of the
14-5 Department who are authorized to issue a license to an applicant
14-6 pursuant to NRS 487.050 to 487.100, inclusive, and 487.160,
14-7 487.170, 487.180, 487.190 and 487.200, [inclusive,] or to determine
14-8 the suitability of an applicant or a licensee for such licensure.
14-9 8. For the purposes of this section, failure to adhere to the
14-10 directives of the state agency advising the licensee of his
14-11 noncompliance with any provision of NRS 487.045 , 487.110,
14-12 487.120, 487.150 and 487.185 and sections 3 to 16, inclusive, of
14-13 this act and NRS 487.050 to 487.100, inclusive, and 487.160,
14-14 487.170, 487.180, 487.190[, inclusive,] and 487.200, or regulations
14-15 of the state agency, within 10 days after the receipt of those
14-16 directives, is prima facie evidence of willful failure to comply.
14-17 Sec. 27. NRS 487.185 is hereby amended to read as follows:
14-18 487.185 1. A person shall not remove a total loss salvage
14-19 vehicle from this state for the purpose of selling that vehicle unless
14-20 the [ownership certificate or other evidence of] title has been
14-21 forwarded to the state agency pursuant to [paragraph (b) of]
14-22 subsection 1 of NRS 487.110.
14-23 2. A person who violates the provisions of this section:
14-24 (a) If the value of the vehicle removed from this state is less than
14-25 $250, is guilty of a misdemeanor.
14-26 (b) If the value of the vehicle removed from this state is $250 or
14-27 more, is guilty of a gross misdemeanor.
14-28 Sec. 28. NRS 487.190 is hereby amended to read as follows:
14-29 487.190 The provisions of NRS 487.045 [to 487.180,
14-30 inclusive,] , 487.110, 487.120, 487.150 and 487.185 and sections 3
14-31 to 16, inclusive, of this act do not apply to work or service vehicles
14-32 owned by an automobile wrecker[.] if such a vehicle is being used
14-33 solely at the place of business of the automobile wrecker that has
14-34 been reported to the Department pursuant to NRS 487.073.
14-35 Sec. 29. NRS 487.200 is hereby amended to read as follows:
14-36 487.200 [Unless a greater penalty is provided in NRS 487.185,
14-37 any] Any person who violates any of the provisions of NRS
14-38 [487.045 to 487.190,] 487.050 to 487.100, inclusive, and 487.160,
14-39 487.170, 487.180, 487.190 and 487.200, is guilty of a misdemeanor.
14-40 Sec. 30. NRS 487.250 is hereby amended to read as follows:
14-41 487.250 1. The state agency or political subdivision shall,
14-42 within 48 hours after the appraisal, notify the head of the state
14-43 agency of the removal of the vehicle. The notice must contain:
14-44 (a) A description of the vehicle.
14-45 (b) The appraised value of the vehicle.
15-1 (c) A statement as to whether the vehicle will be junked,
15-2 dismantled or otherwise disposed of.
15-3 2. The person who removed the vehicle must notify the
15-4 registered owner and any person having a security interest in the
15-5 vehicle by registered or certified mail that the vehicle has been
15-6 removed and will be junked or dismantled or otherwise disposed of
15-7 unless the registered owner or the person having a security interest
15-8 in the vehicle responds and pays the costs of removal.
15-9 3. Failure to reclaim within 15 days after notification a vehicle
15-10 appraised at $500 or less constitutes a waiver of interest in the
15-11 vehicle by any person having an interest in the vehicle.
15-12 4. If all recorded interests in a vehicle appraised at $500 or less
15-13 are waived, either as provided in subsection 3 or by written
15-14 disclaimer by any person having an interest in the vehicle, the state
15-15 agency shall issue a salvage title pursuant to section 16 of this act
15-16 to the automobile wrecker who towed the vehicle or to whom the
15-17 vehicle may have been delivered, or a certificate of ownership to the
15-18 garage owner if he elects to retain the vehicle and the vehicle is
15-19 equipped as required by chapter 484 of NRS.
15-20 Sec. 31. NRS 487.270 is hereby amended to read as follows:
15-21 487.270 1. Whenever a vehicle has been removed to a garage
15-22 or other place as provided by NRS 487.230, the owner of the garage
15-23 or the automobile wrecker who towed the vehicle has a lien on the
15-24 vehicle for the costs of towing and storing for a period not
15-25 exceeding 90 days.
15-26 2. If the vehicle is appraised at a value of $500 or less and is
15-27 not reclaimed within the period prescribed in NRS 487.250, the
15-28 owner of the garage or automobile wrecker may satisfy his lien by
15-29 retaining the vehicle and obtaining a certificate [of ownership
15-30 thereto] pursuant to section 14 of this act, if applicable, or a
15-31 salvage title as provided in [NRS 487.250.] section 16 of this act.
15-32 3. If the vehicle is appraised at a value of more than $500 and
15-33 is not reclaimed within 45 days, the owner of the garage or
15-34 automobile wrecker may satisfy his lien, in accordance with the
15-35 provisions of NRS 108.265 to 108.360, inclusive. Before such a
15-36 person may sell the vehicle, he shall obtain a certificate pursuant
15-37 to section 14 of this act, if applicable, or a salvage title as provided
15-38 in section 16 of this act.
15-39 Sec. 32. NRS 487.450 is hereby amended to read as follows:
15-40 487.450 1. The Department shall charge and collect a fee of
15-41 $300 for the issuance or renewal of a license to operate a salvage
15-42 pool.
15-43 2. Fees collected by the Department pursuant to this section
15-44 must be deposited with the State Treasurer to the credit of the
15-45 Account for Regulation of Salvage Pools, Automobile Wreckers,
16-1 Body Shops and Garages which is hereby created in the State
16-2 General Fund. Money in the Account may be used only for the
16-3 administration of NRS 487.002, [487.045 to 487.200, inclusive,]
16-4 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180,
16-5 487.190 and 487.200 and 487.400 to 487.690, inclusive.
16-6 Sec. 33. NRS 487.480 is hereby amended to read as follows:
16-7 487.480 1. Before an operator of a salvage pool sells any
16-8 vehicle subject to registration pursuant to the laws of this state, he
16-9 must have in his possession the certificate of [ownership or a bill of
16-10 sale of salvage] title for a vehicle obtained pursuant to subsection
16-11 2 of NRS 487.110 or the salvage title for that vehicle. [He shall,
16-12 within 10 days after completion of the transaction, forward the
16-13 certificate of ownership or bill of sale of salvage to the Department.]
16-14 The Department shall not issue a certificate of registration or
16-15 certificate of ownership for a vehicle with the same identification
16-16 number if the vehicle was manufactured in the 5 years preceding the
16-17 date on which the [operator forwards the certificates to the
16-18 Department,] salvage title was issued, unless the Department
16-19 authorizes the restoration of the vehicle pursuant to subsection 2 of
16-20 NRS 482.553.
16-21 2. Upon sale of the vehicle, the operator of the salvage pool
16-22 shall provide a [bill of sale of] salvage title to the licensed
16-23 automobile wrecker, dealer of new or used motor vehicles or
16-24 rebuilder [on a form prescribed and supplied by the Department.
16-25 The Department shall accept the bill of sale of salvage in lieu of the
16-26 certificate of ownership or other evidence of title from the:
16-27 (a) Automobile wrecker, if the bill of sale of salvage is
16-28 accompanied by an appropriate application for a salvage title; or
16-29 (b) Dealer of new or used motor vehicles or rebuilder when he
16-30 licenses the vehicle for operation or transfers ownership of it, if the
16-31 bill of sale of salvage is accompanied by an appropriate application,
16-32 all other required documents and fees, and a certificate of inspection
16-33 signed by an employee of the Department attesting to the
16-34 mechanical fitness and safety of the vehicle.
16-35 3. The Department may issue to:
16-36 (a) The licensed automobile wrecker;
16-37 (b) A licensed operator of a salvage pool;
16-38 (c) A dealer of new or used motor vehicles who is licensed in
16-39 another state or foreign country and is registered with a salvage
16-40 pool; or
16-41 (d) An automobile wrecker or dismantler who is licensed in
16-42 another state or foreign country and is registered with a salvage
16-43 pool,
16-44 a salvage title that contains a brief description of the vehicle,
16-45 including, insofar as data may exist with respect to the vehicle, the
17-1 make, type, serial number and motor number, or any other number
17-2 of the vehicle. Except as otherwise provided in this subsection, the
17-3 Department shall charge and collect a fee of $10 for the issuance of
17-4 a salvage title pursuant to this subsection. The Department shall not
17-5 charge such a fee for the issuance of a salvage title to an automobile
17-6 wrecker licensed in this state. Fees collected by the Department
17-7 pursuant to this subsection must be deposited with the State
17-8 Treasurer to the credit of the Account for Regulation of Salvage
17-9 Pools, Automobile Wreckers, Body Shops and Garages. Possession
17-10 of a salvage title does not entitle a person to dismantle, scrap,
17-11 process or wreck any vehicle in this state unless the person holds a
17-12 license issued pursuant to NRS 487.050.] who purchased the
17-13 vehicle.
17-14 Sec. 34. NRS 487.530 is hereby amended to read as follows:
17-15 487.530 As used in NRS 487.530 to 487.570, inclusive, and
17-16 sections 17, 18 and 19 of this act, unless the context otherwise
17-17 requires, the words and terms defined in NRS 487.535 to 487.550,
17-18 inclusive, have the meanings ascribed to them in those sections.
17-19 Sec. 35. NRS 487.650 is hereby amended to read as follows:
17-20 487.650 1. The Department may refuse to issue a license or,
17-21 after notice and hearing, may suspend, revoke or refuse to renew a
17-22 license to operate a body shop upon any of the following grounds:
17-23 (a) Failure of the applicant or licensee to have or maintain an
17-24 established place of business in this state.
17-25 (b) Conviction of the [operator] applicant or licensee or an
17-26 employee of the applicant or licensee of a felony, or of a
17-27 misdemeanor or gross misdemeanor for a violation of a provision of
17-28 this chapter.
17-29 (c) Any material misstatement in the application for the license.
17-30 (d) Willful failure of the applicant or [operator] licensee to
17-31 comply with the motor vehicle laws of this state[,] and NRS
17-32 487.035, 487.610 to 487.690, inclusive, or 597.480 to 597.590,
17-33 inclusive.
17-34 (e) Failure or refusal by the licensee to pay or otherwise
17-35 discharge any final judgment against him arising out of the
17-36 operation of the body shop.
17-37 (f) Failure or refusal to provide to the Department an
17-38 authorization for the disclosure of financial records for the business
17-39 as required pursuant to subsection 2.
17-40 (g) A finding of guilt by a court of competent jurisdiction in a
17-41 case involving a fraudulent inspection, purchase, sale or transfer
17-42 of a salvage vehicle by the applicant or licensee or an employee of
17-43 the applicant or licensee.
18-1 (h) An improper, careless or negligent inspection of a salvage
18-2 vehicle pursuant to NRS 487.110 by the applicant or licensee or an
18-3 employee of the applicant or licensee.
18-4 (i) A false statement of material fact in a certification of a
18-5 salvage vehicle pursuant to NRS 487.110 or a record regarding a
18-6 salvage vehicle by the applicant or licensee or an employee of the
18-7 applicant or licensee.
18-8 2. Upon the receipt of any report or complaint alleging that an
18-9 applicant or a licensee has engaged in financial misconduct or has
18-10 failed to satisfy financial obligations related to the operation of a
18-11 body shop, the Department may require the applicant or licensee to
18-12 submit to the Department an authorization for the disclosure of
18-13 financial records for the business as provided in NRS 239A.090.
18-14 The Department may use any information obtained pursuant to such
18-15 an authorization only to determine the suitability of the applicant or
18-16 licensee for initial or continued licensure. Information obtained
18-17 pursuant to such an authorization may be disclosed only to those
18-18 employees of the Department who are authorized to issue a license
18-19 to an applicant pursuant to NRS 487.610 to 487.690, inclusive, or to
18-20 determine the suitability of an applicant or a licensee for such
18-21 licensure.
18-22 3. As used in this section, “salvage vehicle” has the meaning
18-23 ascribed to it in section 9 of this act.
18-24 Sec. 36. NRS 487.130 is hereby repealed.
18-25 TEXT OF REPEALED SECTION
18-26 487.130 Transfer of title without fee when vehicle acquired
18-27 for dismantling or wrecking. If any person acquires a vehicle as
18-28 transferee for the purpose of dismantling or wrecking it, the title to
18-29 the vehicle must be transferred to the person without payment of any
18-30 fee upon application for the issuance of a salvage title.
18-31 H