Amendment No. 476

 

Assembly Amendment to Assembly Bill No. 325                                                                (BDR 43‑222)

Proposed by: Committee on Transportation

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:

     “Section 1.  NRS 482.098 is hereby amended to read as follows:

     482.098  “Rebuilt vehicle” means a vehicle[,] :

     1.  That is a salvage vehicle as that term is defined in section 9 of this act, excluding a nonrepairable vehicle; or

     2.  A vehicle one or more major components of which have been replaced as set forth in this subsection. For the purposes of this [section,] subsection, the requisite major components of a vehicle which must be replaced for a vehicle to be considered rebuilt are the:

     [1.] (a) Cowl assembly;

     [2.] (b) Rear clip assembly;

     [3.] (c) Roof;

     [4.] (d) Floor pan assembly; or

     [5.] (e) Conventional frame coupled with one additional major component.”.

     Amend section 1, page 2, by deleting lines 11 and 12 and inserting:

     “4.  The Department shall destroy any plate or plates [, certificate of registration or certificate of ownership that is] that are returned in a”.

     Amend sec. 2, page 2, line 22, by deleting “3” and inserting “2.5”.

     Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:

     “Sec. 2.5  1.  Except as otherwise provided in subsection 3, if a salvage vehicle is repaired or rebuilt by a garageman or operator of a body shop, the repairs or rebuilding must comply with the standards published and commonly applied in the motor vehicle repair industry.

     2.  Except as otherwise provided in subsection 3, if any safety equipment that was present in a motor vehicle at the time it was manufactured is repaired or replaced by a garageman or operator of a body shop, the equipment must be repaired or replaced to the standards published and commonly applied in the motor vehicle repair industry.

     3.  If a motor vehicle has been in an accident and a garageman or operator of a body shop accepts or assumes control of the motor vehicle to make any repair, the garageman or operator shall:

     (a) For a motor vehicle that is equipped with an airbag that has been deployed, replace the airbag in a manner that complies with the standards set forth in 49 C.F.R. § 571.208, Standard No. 208, for such equipment.

     (b) For a motor vehicle that is equipped with a seatbelt assembly which requires repair or replacement, repair or replace the seatbelt assembly in a manner that complies with the standards set forth in 49 C.F.R. § 571.209, Standard No. 209, for such equipment.

     4.  A garageman or operator of a bodyshop who is licensed pursuant to the provisions of chapter 487 of NRS who performs the work required pursuant to this section shall retain a written record of the work, including, without limitation, the date of the repair, rebuilding or replacement, and any identifying information regarding any parts or equipment used in the repair, rebuilding or replacement.”.

     Amend sec. 5, page 2, line 31, by deleting:

the highest of the values.

     Amend sec. 5, page 2, line 34, by deleting “newspapers.” and inserting “newspapers;”.

     Amend sec. 5, page 2, line 35, by deleting “service” and inserting “service;”.

     Amend sec. 5, page 2, line 38, by deleting “vehicles.” and inserting:

vehicles; or

     4.  A computer-based service commonly used by the insurance industry for the valuation of used motor vehicles.”.

     Amend sec. 6, page 2, line 45, by deleting “and” and inserting “or”.

     Amend sec. 6, page 3, line 2, before “loss” by inserting “total”.

     Amend sec. 11, page 3, line 27, before “concerning” by inserting:

or reasonably should know”.

     Amend sec. 11, page 3, line 31, by deleting “finalizing” and inserting “executing”.

     Amend sec. 12, page 3, line 40, before “violates” by inserting “knowingly”.

     Amend sec. 13, page 4, line 13, by deleting “are determined” and inserting:

may be allowed”.

     Amend sec. 15, page 4, by deleting lines 37 and 38 and inserting:

     “(a) The current published actual retail price of original manufacturer equipment, retail price of new alternative equipment or the actual cost of used parts if new parts are not”.

     Amend sec. 16, page 5, by deleting lines 4 through 17 and inserting:

     “(a) The owner of the vehicle;

     (b) The person to whom the vehicle is titled;

     (c) An insurance company that acquires the vehicle as a salvage vehicle pursuant to subsection 1 of NRS 487.110; or

     (d) A lienholder who acquires title to the vehicle.

     2.  A properly endorsed title, together with a disclosure of mileage, as required pursuant to the provisions of 49 U.S.C. §§ 32701 et seq. and 49 C.F.R. § 580.5, must be”.

     Amend sec. 16, page 5, by deleting line 19, and inserting:

     “3.  Within 2 days after receiving all necessary documents, the state agency”.

     Amend sec. 16, page 5, between lines 35 and 36, by inserting:

     “7.  The Department shall not issue a salvage title for a nonrepairable vehicle.”.

     Amend sec. 17, pages 5 and 6, by deleting lines 36 through 44 on page 5 and lines 1 through 36 on page 6, and inserting:

     “Sec. 17.  1.  The Department may refuse to issue a registration or, after notice and hearing, may suspend, revoke or refuse to renew a registration to operate a garage upon any of the following grounds:

     (a) A false statement of a material fact in a certification for a salvage vehicle required pursuant to NRS 487.110.

     (b) A false statement or certification for an inspection pursuant to NRS 487.110 which attests to the mechanical fitness or safety of a salvage vehicle.”.

     Amend sec. 17, page 6, line 37, by deleting “3.” and inserting “2.”.

     Amend sec. 20, page 7, line 19, before “years” by inserting “model”.

     Amend sec. 20, page 7, line 24, after “damaged.” by inserting:

For the purposes of this section, the model year of manufacture is calculated based on a year beginning on January 1 of the calendar year in which the damage occurs.”.

     Amend sec. 23, pages 9 and 10, by deleting lines 32 through 45 on page 9 and lines 1 through 4 on page 10 and inserting:

     “Sec.  23.  NRS 487.110 is hereby amended to read as follows:

     487.110  1.  Except [as otherwise provided in subsection 2, whenever a vehicle subject to registration is sold as salvage:

     (a) As] with respect to a nonrepairable vehicle, when an insurance company acquires a motor vehicle as a result of a [total loss insurance settlement, the] settlement in which the motor vehicle is determined to be a salvage vehicle, the owner of the motor vehicle who is relinquishing ownership of the motor vehicle shall endorse the title of the motor vehicle and forward the endorsed title to the insurance company. The insurance company or its authorized agent shall forward the endorsed [ownership certificate or other evidence of] title , together with an application for salvage title to the state agency within 30 days after receipt [thereof; or

     (b) Because the owner determines that the vehicle is a total loss vehicle, the owner] of the endorsed title.

     2.  Except as otherwise provided in subsection 1, before any ownership interest in a salvage vehicle, except a nonrepairable vehicle, may be transferred, the owner or other person to whom the motor vehicle is titled:

     (a) If the person has possession of the title to the vehicle, shall forward the [ownership certificate or other evidence of] endorsed title , together with an application for salvage title to the state agency within [120] 30 days after the vehicle is damaged. becomes a salvage vehicle.

     (b) If the person does not have possession of the title to the vehicle and the title is held by a lienholder, shall notify the lienholder within 10 days after the vehicle becomes a salvage vehicle that the vehicle has become a salvage vehicle. The lienholder shall, within 30 days after receiving such notice, forward the title, together with an application for salvage title, to the state agency.”.

     Amend sec. 23, page 10, line 5, by deleting “2.” and inserting “3.”.

     Amend sec. 23, page 10, by deleting line 11 and inserting:

     “4.  An owner who has determined that a vehicle is a total loss salvage”.

     Amend sec. 23, page 10, by deleting line 13 and inserting:

certificate or other evidence of] title obtained pursuant to this section, without making any repairs to the vehicle, to a salvage pool, automobile”.

     Amend sec. 23, page 10, line 25, by deleting “4.” and inserting “5.”.

     Amend sec. 23, page 10, line 30, after “documents” by inserting:

, including, without limitation, an affidavit from the state agency attesting to the inspection and verification of the vehicle identification number and the identification numbers, if any, for parts used to repair the motor vehicle”.

     Amend sec. 23, page 10, line 34, by deleting “5.” and inserting “6.”.

     Amend sec. 23, page 10, line 37, after “person,” by inserting:

before the execution of the total loss settlement,”.

     Amend sec. 23, page 11, line 3, by deleting “6.” and inserting “7.”.

     Amend sec. 23, page 11, line 8, by deleting “7.” and inserting “8.”.

     Amend sec. 23, page 11, line 9, by deleting “5” and inserting “6”.

     Amend sec. 25, pages 11 and 12, by deleting lines 42 through 45 on page 11 and lines 1 through 6 on page 12 and inserting:

indicate that the motor vehicle has been repaired to the standards”.

     Amend sec. 27, page 13, line 37, after “total loss” by inserting salvage”.

     Amend sec. 31, page 15, line 4, by deleting:

“of ownership thereto” and inserting:

[of ownership thereto] pursuant to section 14 of this act, if applicable,”.

     Amend sec. 31, page 15, line 10, after “inclusive.” by inserting:

Before such a person may sell the vehicle, he shall obtain a certificate pursuant to section 14 of this act, if applicable, or a salvage title as provided in section 16 of this act.

     Amend the title of the bill by deleting the first line and inserting:

“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”.