NRS: CHAPTER 485 - MOTOR VEHICLES: INSURANCE AND FINANCIAL RESPONSIBILITY

[Rev. 6/29/2024 4:20:15 PM--2023]

CHAPTER 485 - MOTOR VEHICLES: INSURANCE AND FINANCIAL RESPONSIBILITY

GENERAL PROVISIONS

NRS 485.010 Short title.

NRS 485.020 Definitions.

NRS 485.028 “Certificate of financial responsibility” defined.

NRS 485.0335 “Dormant vehicle” defined.

NRS 485.034 “Evidence of insurance” defined.

NRS 485.035 “Judgment” defined.

NRS 485.037 “Insurance” defined.

NRS 485.040 “License” defined.

NRS 485.050 “Motor vehicle” defined.

NRS 485.055 “Motor vehicle liability policy” defined.

NRS 485.060 “Nonresident” defined.

NRS 485.070 “Nonresident’s operating privilege” defined.

NRS 485.080 “Operator” defined.

NRS 485.090 “Owner” defined.

NRS 485.105 “Proof of financial responsibility” defined.

NRS 485.108 “Registered owner” defined.

NRS 485.110 “Registration” defined.

NRS 485.120 “State” defined.

ADMINISTRATION

NRS 485.130 General duties of Department.

NRS 485.135 Department to furnish operating record.

NRS 485.137 Department to publish and disseminate informational leaflet.

NRS 485.140 Judicial review.

INSURANCE REQUIRED

NRS 485.185 Insurance for payment of tort liabilities arising from maintenance or use of motor vehicle: Coverage to be obtained from insurance company duly licensed and approved; minimum thresholds of coverage.

NRS 485.186 Operator’s policy of liability insurance: Use in lieu of owner’s policy of liability insurance; requirements for issuance; required statements; operation of motor vehicle by person other than insured; required and excluded coverages; applicability.

NRS 485.187 Unlawful acts; fines and penalties; exceptions.

SECURITY FOLLOWING CRASH

NRS 485.190 Department to determine amount of security required; hearing; suspension of license and registration; procedure regarding erroneous information.

NRS 485.191 Right to hearing; notice; request for hearing; waiver.

NRS 485.193 Scope of hearing.

NRS 485.195 Powers of officer conducting hearing.

NRS 485.197 Enforcement of subpoenas issued by Director.

NRS 485.200 Exceptions to requirements as to security and suspension of license and registration.

NRS 485.210 Requirements as to policy or bond.

NRS 485.220 Form and amount of security.

NRS 485.230 Duration of suspension; requirements for reinstatement.

NRS 485.240 Application to nonresidents, unlicensed drivers, unregistered motor vehicles and crashes in other states.

NRS 485.250 Authority of Department to reduce amount of security.

NRS 485.260 Custody of security.

NRS 485.270 Disposition of security.

NRS 485.280 Return of deposit.

NRS 485.290 Transfers of deposits to State Highway Fund; procedure for payment of claimants after transfer.

NRS 485.300 Matters not to be evidence in civil suits.

NONPAYMENT OF JUDGMENT

NRS 485.301 Judgment creditor authorized to report nonpayment of judgment entered as result of motor vehicle crash; Department to transmit copy of judgment to nonresident’s state.

NRS 485.302 Suspension for nonpayment of judgment; exceptions.

NRS 485.303 Suspension to continue until judgments paid and proof given.

NRS 485.304 Payments sufficient to satisfy requirements.

NRS 485.305 Payment of judgment in installments; default.

PROOF OF FINANCIAL RESPONSIBILITY

NRS 485.307 Alternate methods of giving proof; proof required before registration is restored.

NRS 485.3075 Proof required before reinstatement of license or registrations suspended for failure to maintain proof; duration; penalty.

NRS 485.308 Certificate of insurance as proof; filing of certificate by electronic or other means; insurance carrier to notify Department before cancelling or terminating policy.

NRS 485.309 Certificate furnished by nonresident as proof.

NRS 485.3091 Motor vehicle liability policy: Requirements.

NRS 485.3092 Cancellation or termination of policy: Notice required; suspension required if effective date within 3 years after reinstatement.

NRS 485.3093 Chapter not to affect other policies.

NRS 485.3098 Other proof may be required.

NRS 485.3099 Department, under certain circumstances, to consent to cancellation of certificate or waive requirement of proof; re-establishment of proof.

VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY

NRS 485.313 Department to create system for verifying that owners of motor vehicles maintain insurance; regulations.

NRS 485.314 Insurer to maintain record of each contract of insurance and provide Department access to any such record; Department to notify Commissioner of Insurance of noncompliance or receipt of false, incomplete or misleading information.

NRS 485.316 Confidentiality of information in system; exceptions; penalty.

NRS 485.317 Department to verify insurance for each motor vehicle registered in this State; owner to respond to inquiry when Department unable to verify insurance; suspension of registration when insurance cannot be verified; reinstatement of registration.

NRS 485.318 Immunity from liability for actions in good faith and without gross negligence.

VIOLATIONS AND PENALTIES

NRS 485.320 Surrender of license, registration and license plates; owner of dormant vehicle required to cancel registration if policy covering vehicle is cancelled or expires; regulations.

NRS 485.326 Suspension of license for failure to maintain insurance.

NRS 485.330 Operating motor vehicle when license or registration suspended.

NRS 485.340 Failure to return license, registration or license plate.

NRS 485.350 False or forged policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document; misrepresentation of documents.

NRS 485.360 Penalty for other violations.

MISCELLANEOUS PROVISIONS

NRS 485.370 Applicability.

NRS 485.380 Self-insurers.

NRS 485.385 Department to take appropriate action after receipt of correct information.

NRS 485.387 Suspension of registration does not prevent owner from effecting bona fide sale; rights of vendor, mortgagee or lessor.

NRS 485.390 Chapter supplemental to laws regarding motor vehicles.

NRS 485.400 Chapter not retroactive.

NRS 485.410 Chapter not to prevent other process.

NRS 485.420 Uniformity of interpretation.

_________

GENERAL PROVISIONS

NRS 485.010 Short title. This chapter may be cited as the Motor Vehicle Insurance and Financial Responsibility Act.

[21:127:1949]—(NRS A 1995, 2734)

NRS 485.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 485.028 to 485.120, inclusive, have the meanings ascribed to them in those sections.

[1:127:1949; 1943 NCL § 4439.01]—(NRS A 1961, 138; 1981, 1862; 1987, 1090; 1995, 2734; 1997, 1083)

NRS 485.028 “Certificate of financial responsibility” defined. “Certificate of financial responsibility” means the certificate issued by an insurance carrier pursuant to NRS 485.308 certifying that there is a motor vehicle liability policy in effect for a person who is required to furnish proof of financial responsibility.

(Added to NRS by 1995, 2734)

NRS 485.0335 “Dormant vehicle” defined. “Dormant vehicle” means a motor vehicle:

1. For which a policy of liability insurance is required pursuant to this chapter; and

2. That will not be operated for an extended period because of mechanical or seasonal circumstances.

(Added to NRS by 1997, 1083)

NRS 485.034 “Evidence of insurance” defined. “Evidence of insurance” means:

1. The information provided by an insurer in a form approved pursuant to NRS 690B.023 as evidence of a contract of insurance for a motor vehicle liability policy; or

2. The certificate of self-insurance issued to a self-insurer by the Department pursuant to NRS 485.380.

(Added to NRS by 1995, 2734; A 2015, 798, 3514)

NRS 485.035 “Judgment” defined. “Judgment” means any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle for damages, including damages for care and loss of services because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.

(Added to NRS by 1957, 722)

NRS 485.037 “Insurance” defined. “Insurance” means:

1. A motor vehicle liability policy; or

2. The security provided by a self-insurer pursuant to NRS 485.380.

(Added to NRS by 1995, 2734)

NRS 485.040 “License” defined. “License” means any license, temporary instruction permit or temporary license issued under the laws of this State pertaining to the licensing of persons to operate motor vehicles.

[1.2:127:1949; 1943 NCL § 4439.01b]

NRS 485.050 “Motor vehicle” defined. “Motor vehicle” means every self-propelled vehicle which is designed for use upon a highway, including:

1. Trailers and semitrailers designed for use with such vehicles, except traction engines, road rollers, farm tractors, tractor cranes, power shovels and well drillers; and

2. Every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails.

Ê The term does not include electric personal assistive mobility devices as defined in NRS 482.029 or an electric bicycle as defined in NRS 484B.017.

[1.3:127:1949; 1943 NCL § 4439.01c]—(NRS A 2003, 1206; 2021, 1744)

NRS 485.055 “Motor vehicle liability policy” defined.

1. “Motor vehicle liability policy” means an owner’s policy of liability insurance or an operator’s policy of liability insurance issued by an insurer authorized to transact business in this State, to or for the benefit of the person named therein as insured.

2. With respect to a policy which grants excess or additional coverage over that required by NRS 485.3091, the term “motor vehicle liability policy” applies only to that part of the coverage which is required by NRS 485.3091.

(Added to NRS by 1987, 1088; A 1995, 2734)

NRS 485.060 “Nonresident” defined. “Nonresident” means every person who is not a resident of this State.

[1.4:127:1949; 1943 NCL § 4439.01d]

NRS 485.070 “Nonresident’s operating privilege” defined. “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the nonresident of a motor vehicle, or the use of a motor vehicle owned by the nonresident, in this State.

[1.5:127:1949; 1943 NCL § 4439.01e]

NRS 485.080 “Operator” defined. “Operator” means every person who is in actual physical control of a motor vehicle whether or not licensed as an operator pursuant to the laws of this State.

[1.6:127:1949; 1943 NCL § 4439.01f]—(NRS A 1995, 2734)

NRS 485.090 “Owner” defined. “Owner” means a person who holds the legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this chapter.

[1.7:127:1949; 1943 NCL § 4439.01g]

NRS 485.105 “Proof of financial responsibility” defined. “Proof of financial responsibility” means proof of ability to respond for the future in damages for liability, on account of crashes occurring subsequent to the effective date of that proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amounts specified in NRS 485.185.

(Added to NRS by 1957, 722; A 1963, 221; 1969, 177; 1981, 627; 1993, 2484; 2015, 1646)

NRS 485.108 “Registered owner” defined. “Registered owner” means a person whose name appears in the records of the Department as the person to whom the vehicle is registered.

(Added to NRS by 1981, 1861; A 1985, 1957; 1999, 3578)

NRS 485.110 “Registration” defined. “Registration” means the registration certificate and plate issued under the laws of this State pertaining to the registration of motor vehicles.

[1.9:127:1949; 1943 NCL § 4439.01i]—(NRS A 1985, 1175)

NRS 485.120 “State” defined. “State” means any state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.

[1.10:127:1949; 1943 NCL § 4439.01j]

ADMINISTRATION

NRS 485.130 General duties of Department.

1. The Department shall:

(a) Administer and enforce the provisions of this chapter.

(b) Provide for hearings upon request of persons aggrieved by orders or acts of the Department under the provisions of NRS 485.185 to 485.300, inclusive.

2. The Department may adopt regulations necessary for the administration of this chapter.

[Part 2:127:1949; 1943 NCL § 4439.02]—(NRS A 1961, 138; 1981, 1127; 1999, 3578)

NRS 485.135 Department to furnish operating record. The Department shall upon request furnish any person a certified abstract of the operating record of any person subject to the provisions of this chapter, which abstract must also fully designate the motor vehicles, if any, registered in the name of that person, and, if there is no record of any violations by that person of any law relating to the operation of a motor vehicle or of any injury or damage caused by that person, the Department shall so certify.

(Added to NRS by 1957, 723; A 1961, 138; 1999, 3579; 2021, 3344)

NRS 485.137 Department to publish and disseminate informational leaflet.

1. The Department shall publish a leaflet which summarizes and explains the requirements and provisions of this chapter.

2. The Department shall:

(a) Make copies of the leaflet available without charge to all licensed drivers in this State, to all public school pupils who are of driving age, and to the public.

(b) Cause a copy of the leaflet to be delivered to each applicant for a new registration of a vehicle.

(Added to NRS by 1965, 334; A 1985, 1958; 1999, 3579; 2009, 1358)

NRS 485.140 Judicial review. Any person aggrieved by a final decision in a contested case before the Department under this chapter is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

[Part 2:127:1949; 1943 NCL § 4439.02]—(NRS A 1961, 139; 1971, 231; 1981, 1127, 1862; 1989, 1655; 1999, 3579)

INSURANCE REQUIRED

1. Except as otherwise provided in subsection 2, every owner of a motor vehicle which is registered or required to be registered in this State shall continuously provide, while the motor vehicle is present or registered in this State, insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State:

(a) In the amount of $25,000 for bodily injury to or death of one person in any one crash;

(b) Subject to the limit for one person, in the amount of $50,000 for bodily injury to or death of two or more persons in any one crash; and

Ê for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.

2. The provisions of this section do not apply to a moped.

(Added to NRS by 1979, 1820; A 1981, 1862; 1987, 1090; 1993, 2484; 1995, 2734; 2007, 2049; 2015, 1646, 1768; 2017, 1340)

1. Except as otherwise provided in subsection 7, any natural person may satisfy the requirements of NRS 485.185 by obtaining, in lieu of an owner’s policy of liability insurance, an operator’s policy of liability insurance which meets the requirements of this section and NRS 485.3091.

2. An operator’s policy of liability insurance may only be issued to a person if:

(a) The number of motor vehicles that the person owns is greater than the number of persons in his or her household who possess a driver’s license; and

(b) Each person in his or her household who possesses a driver’s license is covered by an operator’s policy of liability insurance.

3. An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:

(a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;

(b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and

(c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,

Ê unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this State unless the insured has signed an endorsement stating that he or she has read and understood the policy and its limitations.

4. An owner of a motor vehicle which is registered or required to be registered in this State and who holds an operator’s policy of liability insurance shall not permit another person to operate the motor vehicle if the owner knows or should have known that the person does not have liability insurance to cover the person’s own operation of that motor vehicle.

5. An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.

6. An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.

7. This section does not apply to a lessor, dealer, manufacturer, rebuilder or distributor of a motor vehicle, an owner of a fleet, a common, contract or private motor carrier or any other employer who owns a motor vehicle for use in his or her business.

(Added to NRS by 1987, 1088; A 2001 Special Session, 252)

NRS 485.187 Unlawful acts; fines and penalties; exceptions.

1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:

(a) Operate the motor vehicle, if it is registered or required to be registered in this State, without having insurance as required by NRS 485.185.

(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.

(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the Department the evidence of insurance. The surrender, upon demand, of an evidence of insurance issued in electronic format does not constitute consent for a peace officer or authorized representative of the Department to access other contents of any device used to display the evidence of insurance and surrendered in compliance with this section.

(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.

2. A person shall not operate the motor vehicle of another person unless the person who will operate the motor vehicle:

(a) First ensures that the required evidence of insurance is present in the motor vehicle or available electronically; or

(b) Has his or her own evidence of insurance which covers that person as the operator of the motor vehicle.

3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy by the time of sentencing, unless:

(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or

(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.

4. A court:

(a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if the person presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.

(b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the balance of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is currently in effect.

5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the Department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396 or 482.3965 authorizing the movement or operation of that vehicle within the State for a limited time.

(Added to NRS by 1987, 1089; A 1987, 1443; 1989, 1844; 1993, 157, 1443, 2485, 2492; 1995, 576, 2357, 2735; 1997, 662; 1999, 2727; 2001, 922; 2015, 3514)

SECURITY FOLLOWING CRASH

NRS 485.190 Department to determine amount of security required; hearing; suspension of license and registration; procedure regarding erroneous information.

1. If, 20 days after the receipt of a report of a crash involving a motor vehicle within this State which has resulted in bodily injury or death, or damage to the property of any one person in excess of $750, the Department does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 has been released from liability, has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the crash, the Department shall upon request set the matter for a hearing as provided in NRS 485.191.

2. The Department shall, immediately after a determination adverse to an operator or owner is made in a hearing pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle involved in such a crash, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this State, and, if the owner is a nonresident, the privilege of the use within this State of any motor vehicle owned by him or her, unless the operator or owner, or both, immediately deposit security in the sum so determined by the Department at the hearing. If erroneous information is given to the Department with respect to the matters set forth in paragraph (a), (b) or (c) of subsection 1 of NRS 485.200, the Department shall take appropriate action as provided in this section after it receives correct information with respect to those matters.

[Part 4:127:1949; 1943 NCL § 4439.04]—(NRS A 1961, 139; 1965, 264, 1275; 1973, 1545; 1981, 1862; 1987, 1090; 1993, 2486; 1999, 3579; 2007, 2050; 2015, 1647)

NRS 485.191 Right to hearing; notice; request for hearing; waiver.

1. Any operator or owner of a motor vehicle who was involved in a crash and who is not exempt from the requirements of depositing security by the provisions of NRS 485.200, is entitled to a hearing before the Director or a representative of the Director before a determination of the amount of security required pursuant to NRS 485.190, and before the suspension of his or her operator’s license or registration as provided in subsection 2 of NRS 485.190. The hearing must be held in the county of residence of the operator. If the operator and owner reside in different counties and the hearing would involve both of them, the hearing must be held in the county which will be the most convenient for the summoning of witnesses.

2. The owner or operator must be given at least 30 days’ notice of the hearing in writing with a brief explanation of the proceedings to be taken against the owner or operator and the possible consequences of a determination adverse to the owner or operator.

3. If the operator or owner desires a hearing, the owner or operator shall, within 15 days, notify the Department in writing of such intention. If the owner or operator does not send this notice within the 15 days, he or she waives his or her right to a hearing, except that, the Director may for good cause shown permit the owner a later opportunity for a hearing.

(Added to NRS by 1973, 1544; A 1981, 1863; 1987, 1091; 1999, 3580; 2015, 1647)

NRS 485.193 Scope of hearing. The hearing must be held to determine:

1. Whether or not there is a reasonable possibility that a judgment may be rendered against the owner or operator as a result of the crash in which the owner or operator was involved if the issue is brought before a court of competent jurisdiction; and

2. The amount of security that may be required of the operator or owner to satisfy any judgment for damages that may be rendered against the owner or operator.

(Added to NRS by 1973, 1544; A 1981, 85; 2015, 1647)

NRS 485.195 Powers of officer conducting hearing. The Director or a representative of the Director may certify to all official acts and issue subpoenas for attendance of witnesses and the production of books and papers.

(Added to NRS by 1973, 1544; A 1981, 85)

NRS 485.197 Enforcement of subpoenas issued by Director.

1. The district court in and for the county in which any hearing may be held shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Director.

2. In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena the Director may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the manner prescribed in this chapter;

(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the Director in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to the witness in the course of such hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the Director.

3. The court, upon petition of the Director, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the Director. A certified copy of the order shall be served upon the witness. If it shall appear to the court that the subpoena was regularly issued by the Director, the court shall thereupon enter an order that the witness appear before the Director at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.

(Added to NRS by 1973, 1545)

NRS 485.200 Exceptions to requirements as to security and suspension of license and registration.

1. The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, do not apply:

(a) To the operator or owner if the operator or owner had in effect at the time of the crash a motor vehicle liability policy with respect to the motor vehicle involved in the crash;

(b) To the operator if there was in effect at the time of the crash a motor vehicle liability policy with respect to his or her operation of any motor vehicle;

(c) To the operator or owner if the liability for damages of the operator or owner resulting from the crash is, in the judgment of the Department, covered by any other form of liability insurance policy or a bond;

(d) To any person qualifying as a self-insurer pursuant to NRS 485.380, or to any person operating a motor vehicle for the self-insured;

(e) To the operator or the owner of a motor vehicle involved in a crash wherein no injury or damage was caused to the person or property of anyone other than the operator or owner;

(f) To the operator or the owner of a motor vehicle legally parked at the time of the crash;

(g) To the owner of a motor vehicle if at the time of the crash the vehicle was being operated without the owner’s permission, express or implied, or was parked by a person who had been operating the motor vehicle without permission; or

(h) If, before the date that the Department would otherwise suspend the license and registration or nonresident’s operating privilege pursuant to NRS 485.190, there is filed with the Department evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his or her favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the crash.

2. An owner who is not the operator of the motor vehicle is not exempt from the requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, if the owner holds a motor vehicle liability policy which provides coverage only when the owner is operating the motor vehicle and, at the time of the crash, another person is operating the motor vehicle with the express or implied permission of the owner.

[Part 4:127:1949; 1943 NCL § 4439.04] + [5:127:1949; 1943 NCL § 4439.05]—(NRS A 1961, 140; 1973, 836, 1546; 1979, 1515; 1981, 1863; 1987, 1091; 1995, 2736; 1999, 3580; 2015, 1648)

NRS 485.210 Requirements as to policy or bond. For the purposes of NRS 485.200, a policy or bond is not effective unless:

1. The policy or bond is subject, if the crash has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $25,000 because of bodily injury to or death of one person in any one crash and, subject to the limit for one person, to a limit of not less than $50,000 because of bodily injury to or death of two or more persons in any one crash and, if the crash has resulted in injury to or destruction of property, to a limit of not less than $20,000 because of injury to or destruction of property of others in any one crash; and

2. The insurance company or surety company issuing that policy or bond is authorized to do business in this State or, if the company is not authorized to do business in this State, unless it executes a power of attorney authorizing the Director to accept service on its behalf of notice or process in any action upon that policy or bond arising out of a crash.

[Part 4:127:1949; 1943 NCL § 4439.04]—(NRS A 1961, 141; 1963, 220; 1969, 177; 1981, 628; 1985, 1958; 1987, 1092; 1995, 2737; 2015, 1648; 2017, 1340)

NRS 485.220 Form and amount of security.

1. The security required pursuant to NRS 485.190 to 485.300, inclusive, must be in such a form and amount as the Department may require, but in no case in excess of the limits specified in NRS 485.210 in reference to the acceptable limits of a policy or bond.

2. The person depositing the security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while the deposit is in the custody of the Department or the State Treasurer, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons, but a single deposit of security is applicable only on behalf of persons required to furnish security because of the same crash.

[Part 8:127:1949; 1943 NCL § 4439.08]—(NRS A 1961, 141; 1981, 1128; 1995, 2737; 1999, 3581; 2015, 1649)

NRS 485.230 Duration of suspension; requirements for reinstatement.

1. The license, all registrations and the nonresident’s operating privilege suspended as provided in NRS 485.190 must remain so suspended and may not be renewed nor may any license or registration be issued to any such person until:

(a) The person deposits or there is deposited on his or her behalf the security required under NRS 485.190;

(b) Two years have elapsed following the date of the crash and evidence satisfactory to the Department has been filed with it that during that period no action for damages arising out of the crash has been instituted; or

(c) Evidence satisfactory to the Department has been filed with it of a release from liability, or a final adjudication of nonliability, or an acknowledged written agreement, in accordance with NRS 485.190.

2. Upon any default in the payment of any installment under any acknowledged written agreement, and upon notice of the default, the Department shall suspend the license and all registrations or the nonresident’s operating privilege of the person defaulting, which may not be restored until:

(a) The person deposits and thereafter maintains security as required under NRS 485.190 in such an amount as the Department may then determine; or

(b) One year has elapsed following the date of default, or 2 years following the date of the crash, whichever is greater, and during that period no action upon the agreement has been instituted in a court in this State.

3. Proof of financial responsibility, as set forth in NRS 485.307, is an additional requirement for reinstatement of the operator’s license and registrations under this section. The person shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license in accordance with the provisions of this chapter. If the person fails to do so the Department shall suspend the license and registrations.

[6:127:1949; 1943 NCL § 4439.06]—(NRS A 1957, 721; 1961, 141; 1981, 1864; 1985, 1175; 1999, 3581; 2015, 1649)

NRS 485.240 Application to nonresidents, unlicensed drivers, unregistered motor vehicles and crashes in other states.

1. If the operator or the owner of a motor vehicle involved in a crash within this State has no license or registration, or is a nonresident, the operator or owner must not be allowed a license or registration until the operator or owner has complied with the requirements of NRS 485.190 to 485.300, inclusive, to the same extent that would be necessary if, at the time of the crash, the operator or owner had held a license and registration.

2. When a nonresident’s operating privilege is suspended pursuant to NRS 485.190 or 485.230, the Department shall transmit a certified copy of the record of that action to the officer in charge of the issuance of licenses and registration certificates in the state in which the nonresident resides, if the law of that state provides for action in relation thereto similar to that provided for in subsection 3.

3. Upon receipt of a certification that the operating privilege of a resident of this State has been suspended or revoked in any other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle crash, under circumstances which would require the Department to suspend a nonresident’s operating privilege had the crash occurred in this State, the Department shall suspend the license of the resident if the resident was the operator, and all of his or her registrations if the resident was the owner of a motor vehicle involved in that crash. The suspension must continue until the resident furnishes evidence of compliance with the law of the other state relating to the deposit of that security.

[7:127:1949; 1943 NCL § 4439.07]—(NRS A 1957, 722; 1961, 142; 1981, 1128; 1995, 2737; 1999, 3582; 2015, 1650)

NRS 485.250 Authority of Department to reduce amount of security. The Department may reduce the amount of security ordered in any case within 6 months after the date of the crash if, in its judgment, the amount ordered is excessive. In case the security originally ordered has been deposited, the excess deposited over the reduced amount ordered must be returned to the depositor or his or her personal representative forthwith, notwithstanding the provisions of NRS 485.270.

[Part 8:127:1949; 1943 NCL § 4439.08]—(NRS A 1961, 143; 1999, 3582; 2015, 1650)

NRS 485.260 Custody of security. Security deposited pursuant to the requirements of NRS 485.190 to 485.300, inclusive, must be placed by the Department in the custody of the State Treasurer.

[Part 9:127:1949; A 1955, 192]—(NRS A 1961, 143; 1981, 1129; 1995, 2738; 1999, 3583)

NRS 485.270 Disposition of security. Security deposited in compliance with the requirements of this chapter is applicable only to the payment of a judgment or judgments rendered against the person or persons on whose behalf the deposit was made for damages arising out of the crash in question in an action at law, begun not later than 2 years after the date of the crash or within 1 year after the date of deposit of any security under NRS 485.230, whichever period is longer, or to the payment in settlement, agreed to by the depositor, of a claim or claims arising out of the crash.

[Part 9:127:1949; A 1955, 192]—(NRS A 1957, 722; 1981, 1865; 2015, 1650)

NRS 485.280 Return of deposit. A deposit or any balance thereof must be returned to the depositor or his or her personal representative:

1. When evidence satisfactory to the Department has been filed with it that there has been a release from liability, a final adjudication of nonliability or an acknowledged agreement, in accordance with paragraph (h) of subsection 1 of NRS 485.200; or

2. If 2 years after the date of the crash or 1 year after the date of deposit of any security under NRS 485.230, whichever period is longer, the Department is given reasonable evidence that there is no action pending and no judgment rendered in such an action left unpaid.

[Part 9:127:1949; A 1955, 192]—(NRS A 1961, 143; 1981, 1865; 1987, 1093; 1999, 3583; 2015, 1650)

NRS 485.290 Transfers of deposits to State Highway Fund; procedure for payment of claimants after transfer.

1. In cases where a return to a depositor or his or her personal representative is authorized and warranted under NRS 485.280 but the address or present whereabouts of the depositor is unknown and cannot be readily ascertained by the Department, the security deposited may, 90 days after its return would be authorized by NRS 485.280, be transferred from the custody of the State Treasurer to the State Highway Fund for the general use of the Department of Transportation upon the written and certified request of the Department.

2. The request made by the Department must state the names of the parties, the dates and a concise statement of the facts involved and must be forwarded in duplicate to the State Controller and the State Treasurer.

3. The State Controller and the State Treasurer are directed to transfer the amounts of security deposits from the custody of the State Treasurer to the State Highway Fund to effectuate the purposes of this section upon being satisfied that the provisions of this chapter have been complied with.

4. If the depositor of the security or his or her rightful heirs or legatees, within 5 years after the transfer of the deposit to the State Highway Fund, present a verified claim to the Department and make proof of the validity of the claim, the Department, if it is satisfied as to the validity of the claim, may determine the amount thereby found to be due and certify it to the State Controller who shall draw a warrant therefor on the State Treasurer, who shall pay the warrant out of the State Highway Fund.

5. If the Department denies the validity of the claim, the claimant, upon notice to the Attorney General, has a right to appeal to the First Judicial District Court of the State of Nevada, in and for Carson City, and present proof of the validity of the claim. If, after hearing, the court is satisfied the claimant is rightfully entitled to the deposit, the court shall enter a decree that the money be paid to the claimant. The decree must be certified to the State Board of Examiners, stating the amount thereby found to be due, and the State Board of Examiners shall allow the amount and certify it to the State Controller who shall draw a warrant therefor on the State Treasurer, who shall pay the warrant out of the State Highway Fund.

6. The amounts in the custody of the State Treasurer on March 19, 1955, falling under the provisions of this section, may be transferred to the State Highway Fund, after the expiration of 90 days from March 19, 1955, in accordance with the provisions of this section.

[Part 9:127:1949; A 1955, 192]—(NRS A 1961, 143; 1971, 231; 1979, 1815; 1999, 3583)

NRS 485.300 Matters not to be evidence in civil suits. Any action taken by the department pursuant to NRS 485.190 to 485.300, inclusive, the findings, if any, of the department upon which the action is based and the security filed pursuant to NRS 485.190 to 485.300, inclusive, are privileged against disclosure at the trial of any action at law to recover damages.

[10:127:1949; 1943 NCL § 4439.10]—(NRS A 1961, 144; 1971, 809; 1981, 1129; 1995, 2738; 1999, 3584)

NONPAYMENT OF JUDGMENT

NRS 485.301 Judgment creditor authorized to report nonpayment of judgment entered as result of motor vehicle crash; Department to transmit copy of judgment to nonresident’s state.

1. Whenever any person fails within 60 days to satisfy any judgment that was entered as a result of a crash involving a motor vehicle, the judgment creditor or the judgment creditor’s attorney may forward to the Department immediately after the expiration of the 60 days a certified copy of the judgment.

2. If the defendant named in any certified copy of a judgment that was entered as a result of a crash involving a motor vehicle and reported to the Department is a nonresident, the Department shall transmit a certified copy of the judgment to the officer in charge of the issuance of licenses and registration certificates of the state in which the defendant is a resident.

(Added to NRS by 1957, 723; A 1961, 144; 1983, 266; 1999, 3584; 2007, 2050; 2015, 1651)

NRS 485.302 Suspension for nonpayment of judgment; exceptions.

1. The Department shall, upon the receipt of a certified copy of a judgment, suspend the license, all registrations and any nonresident’s operating privilege of any person against whom the judgment was rendered, except as otherwise provided in this section and in NRS 485.305.

2. If the judgment creditor consents in writing, in such a form as the Department may prescribe, that the judgment debtor be allowed a license and registration or nonresident’s operating privilege, it may be allowed by the Department until the consent is revoked in writing, notwithstanding default in the payment of the judgment or of any installments thereof prescribed in NRS 485.305, if the judgment debtor furnishes proof of financial responsibility as provided in NRS 485.307. The debtor shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license pursuant to the provisions of this chapter. If the debtor fails to do so, the Department shall suspend the license and registrations of the debtor.

(Added to NRS by 1957, 723; A 1961, 144; 1985, 1176; 1995, 2738; 1999, 3584)

NRS 485.303 Suspension to continue until judgments paid and proof given.

1. The license, all registrations and the nonresident’s operating privilege must remain so suspended and must not be renewed, nor may any license or registration be thereafter issued in the name of such a person, including any such person not previously licensed, unless every such judgment is stayed, satisfied in full or to the extent provided in this chapter and the person gives proof of financial responsibility subject to the exemptions stated in NRS 485.302 and 485.305.

2. The requirements of this section for reinstatement of a license, registration or privilege are in addition to the requirements of NRS 485.307.

(Added to NRS by 1957, 723; A 1975, 46; 1985, 1176)

NRS 485.304 Payments sufficient to satisfy requirements. Judgments must for the purpose of this chapter only, be deemed satisfied:

1. When $25,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one crash;

2. When, subject to the limit of $25,000 because of bodily injury to or death of one person, the sum of $50,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one crash; or

3. When $20,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one crash,

Ê but payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle crash must be credited in reduction of the amounts provided for in this section.

(Added to NRS by 1957, 724; A 1963, 221; 1969, 177; 1981, 628; 2015, 1651; 2017, 1341)

NRS 485.305 Payment of judgment in installments; default.

1. A judgment debtor upon notice to the judgment creditor may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments and the court, without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.

2. The Department shall not suspend a license, registration or a nonresident’s operating privilege, and shall restore any license, registrations or nonresident’s operating privilege suspended following nonpayment of a judgment, if the judgment debtor gives proof of financial responsibility and obtains such an order permitting the payment of the judgment in installments, and while the payment of any such installment is not in default. The requirements of this section for reinstatement of a license, registration or privilege are in addition to the requirements of NRS 485.307.

3. If the judgment debtor fails to pay any installment as specified by such an order, upon notice of the default, the Department shall forthwith suspend the license, registrations or nonresident’s operating privilege of the judgment debtor until the judgment is satisfied, as provided in this chapter.

(Added to NRS by 1957, 724; A 1961, 145; 1985, 1177; 1999, 3585)

PROOF OF FINANCIAL RESPONSIBILITY

NRS 485.307 Alternate methods of giving proof; proof required before registration is restored.

1. Proof of financial responsibility, when required pursuant to this title, may be given by filing:

(a) A certificate of financial responsibility as provided in NRS 485.308 or 485.309; or

(b) A certificate of self-insurance, as provided in NRS 485.380, supplemented by an agreement by the self-insurer that, with respect to crashes occurring while the certificate is in force, the self-insurer will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owner’s policy of liability insurance if it had issued such a policy to the self-insurer.

2. Whenever the Department restores a license, permit or privilege of driving a vehicle in this State which has been revoked, no motor vehicle may be or continue to be registered in the name of the person whose license, permit or privilege was revoked unless proof of financial responsibility is furnished by that person.

(Added to NRS by 1957, 725; A 1985, 1177; 1987, 1093; 1993, 2486; 1995, 2738; 2015, 1651)

NRS 485.3075 Proof required before reinstatement of license or registrations suspended for failure to maintain proof; duration; penalty. A person whose license or registrations are suspended for failure to maintain proof of financial responsibility as required pursuant to this title must provide proof of financial responsibility pursuant to NRS 485.307 before the person’s license or registrations will be reinstated. The person must maintain proof of financial responsibility for 3 years after the date of the reinstatement of his or her license pursuant to the provisions of this chapter. If the person fails to do so, the Department shall suspend his or her license and registrations.

(Added to NRS by 1995, 2734; A 1999, 3585)

NRS 485.308 Certificate of insurance as proof; filing of certificate by electronic or other means; insurance carrier to notify Department before cancelling or terminating policy.

1. Proof of financial responsibility may be furnished by filing with the Department the written certificate of any insurance carrier authorized to do business in this State certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate must specify its effective date and:

(a) If the policy is an owner’s policy of liability insurance, designate by appropriate reference all motor vehicles covered by it; or

(b) If the policy is an operator’s policy of liability insurance, designate the person covered.

2. The Department may authorize the filing of the certificates described in subsection 1 by electronic transmission or any other means deemed appropriate by the Department.

3. An insurance carrier that certifies the existence of a motor vehicle liability policy pursuant to subsection 1, must notify the Department at least 10 days before the cancellation or termination of the policy.

(Added to NRS by 1957, 725; A 1961, 146; 1973, 837; 1979, 1515; 1985, 1178; 1987, 1093; 1993, 2487; 1995, 2739; 1999, 3585)

NRS 485.309 Certificate furnished by nonresident as proof.

1. The nonresident owner of a motor vehicle not registered in this State or a nonresident operator of a motor vehicle may give proof of financial responsibility by filing with the Department a written certificate of an insurance carrier authorized to transact business:

(a) If the insurance provides coverage for the vehicle, in the state in which the motor vehicle described in the certificate is registered; or

(b) If the insurance provides coverage for the operator only, in the state in which the insured resides,

Ê if the certificate otherwise conforms to the provisions of this chapter.

2. The Department shall accept the proof upon condition that the insurance carrier complies with the following provisions with respect to the policies so certified:

(a) The insurance carrier shall execute a power of attorney authorizing the Director to accept service on its behalf of notice or process in any action arising out of a crash involving a motor vehicle in this State; and

(b) The insurance carrier shall agree in writing that the policies shall be deemed to conform with the laws of this State relating to the terms of liability policies for owners of motor vehicles.

3. If any insurance carrier not authorized to transact business in this State, which has qualified to furnish proof of financial responsibility, defaults in any undertakings or agreements, the Department shall not thereafter accept as proof any certificate of that carrier whether theretofore filed or thereafter tendered as proof, as long as the default continues.

(Added to NRS by 1957, 725; A 1961, 146; 1985, 1958; 1987, 1094; 1999, 3586; 2015, 1651)

NRS 485.3091 Motor vehicle liability policy: Requirements.

1. An owner’s policy of liability insurance must:

(a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and

(b) Insure the person named therein and any other person, as insured, using any such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows:

(1) Because of bodily injury to or death of one person in any one crash, $25,000;

(2) Subject to the limit for one person, because of bodily injury to or death of two or more persons in any one crash, $50,000; and

(3) Because of injury to or destruction of property of others in any one crash, $20,000.

2. An operator’s policy of liability insurance must insure the person named as insured therein against loss from the liability imposed upon the person by law for damages arising out of the person’s use of any motor vehicle within the same territorial limits and subject to the same limits of liability as are set forth in paragraph (b) of subsection 1.

3. A motor vehicle liability policy must state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the period of effectiveness and the limits of liability, and must contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

4. A motor vehicle liability policy need not insure any liability under any workers’ compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any motor vehicle owned by the insured nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

5. Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:

(a) The liability of the insurance carrier with respect to the insurance required by this chapter becomes absolute whenever injury or damage covered by the policy occurs. The policy may not be cancelled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on behalf of the insured and no violation of the policy defeats or voids the policy.

(b) The satisfaction by the insured of a judgment for injury or damage is not a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.

(c) The insurance carrier may settle any claim covered by the policy, and if such a settlement is made in good faith, the amount thereof is deductible from the limits of liability specified in paragraph (b) of subsection 1.

(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter constitute the entire contract between the parties.

6. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to the provisions of this chapter.

7. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

8. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet those requirements.

9. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.

(Added to NRS by 1957, 726; A 1963, 222; 1967, 1203; 1969, 178; 1973, 837; 1979, 1516; 1981, 628; 1987, 1094; 2015, 1652; 2017, 1341)

NRS 485.3092 Cancellation or termination of policy: Notice required; suspension required if effective date within 3 years after reinstatement. When an insurance carrier has issued a motor vehicle liability policy, the insurance so issued must not be cancelled or terminated until at least 10 days after a notice of cancellation or termination of the insurance has been mailed first class or delivered to the insured and, if the insurance carrier has certified the policy under NRS 485.308 or 485.309, a notice has also been filed in the office of the Department. A policy subsequently procured and certified, on the effective date of its certification, terminates the insurance previously certified with respect to any motor vehicle designated or the person named as the insured operator in both certificates. If the effective date of the termination is within 3 years after the date of reinstatement of a license, registration or privilege, the Department shall suspend the license and registration or privilege.

(Added to NRS by 1957, 727; A 1961, 146; 1967, 1204; 1985, 1061, 1178; 1987, 1096; 1999, 3586)

NRS 485.3093 Chapter not to affect other policies.

1. This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this State, and such policies, if they contain an agreement or are endorsed to conform to the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.

2. This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured’s employ or on his or her behalf of motor vehicles not owned by the insured.

(Added to NRS by 1957, 728)

NRS 485.3098 Other proof may be required. Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which required, the Department shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license and registration or the nonresident’s operating privilege pending the filing of such other proof.

(Added to NRS by 1957, 729; A 1961, 148; 1999, 3586)

NRS 485.3099 Department, under certain circumstances, to consent to cancellation of certificate or waive requirement of proof; re-establishment of proof.

1. The Department shall, upon request, consent to the immediate cancellation of any certificate of financial responsibility or waive the requirement of filing proof of financial responsibility, in the following events:

(a) The death of the person on whose behalf the proof of financial responsibility was filed or the permanent incapacity of the person to operate a motor vehicle; or

(b) If the person who is required to file proof of financial responsibility surrenders his or her license and registration to the Department.

2. If a person who surrenders his or her license and registration pursuant to paragraph (b) of subsection 1 applies for a license or registration within a period of 3 years after the date proof of financial responsibility was originally required, the application must be refused unless the applicant re-establishes proof of financial responsibility for the remainder of the 3-year period.

(Added to NRS by 1957, 729; A 1961, 148; 1995, 2739; 1999, 3587; 2007, 2050)

VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY

NRS 485.313 Department to create system for verifying that owners of motor vehicles maintain insurance; regulations.

1. The Department:

(a) Shall, in cooperation with insurers, create a system for verifying through the secure transmission and receipt of information that the owners of motor vehicles maintain the insurance required by NRS 485.185; and

(b) May enter into a contract with any person to provide services relating to the system.

2. The Director shall adopt regulations to carry out the provisions of this section.

3. For vehicles which are part of a fleet of more than one vehicle, all of which are covered by a commercial liability policy, the maintenance of the insurance required by NRS 485.185 shall be deemed to have been satisfied by the submission by the insurer to the Department of the policy number and the name of the registered owner of the vehicles.

4. As used in this section, “motor vehicle”:

(a) Does not include:

(1) Except as otherwise provided in subsection 1 of NRS 482.398, a golf cart as that term is defined in NRS 482.044.

(2) A vehicle that is registered as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215.

(b) Includes, without limitation, a motortruck, truck-tractor, bus or other vehicle that is registered pursuant to paragraph (c) of subsection 1 of NRS 482.482 or NRS 706.801 to 706.861, inclusive.

(Added to NRS by 1993, 2483; A 1995, 2740; 1997, 1083; 2009, 402, 2206; 2013, 1890)

1. Each insurer that has executed a contract of insurance for a motor vehicle liability policy which may be used to meet the requirements of NRS 485.185 shall maintain a record of each such policy in a format approved by the Department and provide the Department with access to the record.

2. The Department shall notify the Commissioner of Insurance if an insurer:

(a) Fails to comply with subsection 1; or

(b) In complying with subsection 1, provides to the Department information that is false, incomplete or misleading.

(Added to NRS by 1993, 2483; A 1995, 2740; 1997, 1083; 2009, 2206)

NRS 485.316 Confidentiality of information in system; exceptions; penalty.

1. Except as otherwise provided in subsection 2 and NRS 239.0115, information which is maintained in the system created pursuant to NRS 485.313 is confidential.

2. The Department may only disclose information which is maintained in the system to:

(a) A state or local governmental agency for the purpose of enforcing NRS 485.185, including investigating or litigating a violation or alleged violation;

(b) An authorized insurer;

(1) With whom the Department has contracted to provide services relating to the system created pursuant to NRS 485.313; and

(2) To whom the information is disclosed only pursuant to a nondisclosure or confidentiality agreement which relates to the information;

(d) A person who requests information regarding his or her own status;

(e) The parent or legal guardian of the person about whom the information is requested if the person is an unemancipated minor or legally incapacitated;

(f) A person who has a power of attorney from the person about whom the information is requested;

(g) A person who submits a notarized release from the person about whom the information is requested which is dated no more than 90 days before the date of the request; or

(h) A person who has suffered a loss or injury in a crash involving a motor vehicle, or the person’s authorized insurer or a representative of the authorized insurer, who requests:

(1) Information for use in the crash report; and

(2) For each motor vehicle involved in the crash:

(I) The name and address of each registered owner;

(II) The name of the insurer; and

(III) The number of the policy of liability insurance.

3. A person who knowingly violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

4. As used in this section, “authorized insurer” has the meaning ascribed to it in NRS 679A.030.

(Added to NRS by 1993, 2484; A 1995, 1301, 2740; 2001 Special Session, 253; 2007, 2118; 2009, 2207; 2015, 1653)

1. The Department shall verify that each motor vehicle which is registered in this State is covered by a policy of liability insurance as required by NRS 485.185.

2. Except as otherwise provided in this subsection, the Department may use any information to verify whether a motor vehicle is covered by a policy of liability insurance as required by NRS 485.185. The Department may not use the name of the owner of a motor vehicle as the primary means of verifying that a motor vehicle is covered by a policy of liability insurance.

3. If the Department is unable to verify that a motor vehicle is covered by a policy of liability insurance as required by NRS 485.185, the Department shall send a request for information by first-class mail to the registered owner of the motor vehicle. The owner shall submit all the information which is requested to the Department within 15 days after the date on which the request for information was mailed by the Department. If the Department does not receive the requested information within 15 days after it mailed the request to the owner, the Department shall send to the owner a notice of suspension of registration by certified mail. The notice must inform the owner that unless the Department is able to verify that the motor vehicle is covered by a policy of liability insurance as required by NRS 485.185 within 10 days after the date on which the notice was sent by the Department, the owner’s registration will be suspended pursuant to subsection 4.

4. The Department shall suspend the registration and require the return to the Department of the license plates of any vehicle for which the Department cannot verify the coverage of liability insurance required by NRS 485.185.

5. Except as otherwise provided in subsection 6, the Department shall reinstate the registration of the vehicle and reissue the license plates only upon verification of current insurance and compliance with the requirements for reinstatement of registration prescribed in paragraph (a) of subsection 7 of NRS 482.480.

6. If the Department suspends the registration of a motor vehicle pursuant to subsection 4 because the registered owner of the motor vehicle failed to have insurance on the date specified in the form for verification, and if the registered owner, in accordance with regulations adopted by the Department, proves to the satisfaction of the Department that the owner was unable to comply with the provisions of NRS 485.185 on that date because of extenuating circumstances or that the motor vehicle was a dormant vehicle and the owner failed to cancel the registration in accordance with subsection 3 of NRS 485.320, the Department may:

(a) Reinstate the registration of the motor vehicle and reissue the license plates upon payment by the registered owner of a fee of $50, which must be deposited in the Account for Verification of Insurance created by subsection 7 of NRS 482.480; or

(b) Remove the suspension of the registration without the payment of a fee or administrative fine.

Ê The Department shall adopt regulations to carry out the provisions of this subsection.

(Added to NRS by 1981, 1691; A 1983, 1133; 1985, 730; 1987, 320, 686, 1097, 1499; 1989, 1262; 1993, 272, 1393, 2487; 1995, 2741; 1997, 1084, 2648; 2001, 669; 2001 Special Session, 254; 2005, 2316; 2009, 2207; 2011, 1591; 2013, 1842; 2015, 1768)

NRS 485.318 Immunity from liability for actions in good faith and without gross negligence. An insurer, its agents, the Department and its employees who act pursuant to NRS 485.313 to 485.318, inclusive, in good faith and without gross negligence are immune from civil liability for those acts.

(Added to NRS by 1993, 2484; A 1995, 2742)

VIOLATIONS AND PENALTIES

NRS 485.320 Surrender of license, registration and license plates; owner of dormant vehicle required to cancel registration if policy covering vehicle is cancelled or expires; regulations.

1. If the license of any person is suspended as provided in this chapter, the person shall immediately return the license to the Department. If the person’s registration is suspended, the person shall immediately return the certificate of registration and the license plates to the Department.

2. If any person fails to return any item as required by subsection 1, the Department shall forthwith direct any peace officer to secure possession thereof and to return the item to the Department.

3. A person who owns a dormant vehicle who desires to cancel the policy of liability insurance covering that vehicle or to allow such a policy to expire:

(a) Shall, on or before the date on which the policy is cancelled or expires, cancel the registration of the vehicle to which that policy pertains.

(b) May, if the person presents the license plates for that vehicle to the authorized personnel of the Department for the removal and destruction of the sticker or other device evidencing the current registration of the vehicle, retain for potential reinstatement the license plates for a period not to exceed 1 year.

4. The Department shall adopt regulations which define “extended period,” “mechanical circumstances” and “seasonal circumstances” for the purposes of NRS 485.0335.

[12:127:1949; 1943 NCL § 4439.12]—(NRS A 1961, 149; 1987, 319; 1997, 1086; 1999, 3587)

NRS 485.326 Suspension of license for failure to maintain insurance.

1. The Department shall suspend the license of any person convicted of violating the provisions of paragraph (a) of subsection 1 of NRS 485.187.

2. Any license suspended pursuant to subsection 1 must remain suspended until the person shows proof of financial responsibility as set forth in NRS 485.307. The person shall maintain proof of financial responsibility for 3 years after the reinstatement of his or her license pursuant to the provisions of this chapter, and if the person fails to do so, the Department shall suspend any license previously suspended pursuant to subsection 1.

(Added to NRS by 1981, 1861; A 1985, 1178, 1959; 1987, 1096, 1442; 1993, 2487; 1995, 700, 2742; 1999, 3588)

NRS 485.330 Operating motor vehicle when license or registration suspended. Any person whose license or registration or nonresident’s operating privilege has been suspended pursuant to this chapter and who, during the suspension, drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by the person to be operated by another person upon any highway, except as permitted pursuant to this chapter, is guilty of a misdemeanor.

[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967, 596; 1995, 2742)

NRS 485.340 Failure to return license, registration or license plate. Any person willfully failing to return a license, certificate of registration or license plate as required in NRS 485.320 is guilty of a misdemeanor.

[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967, 596; 1987, 320)

NRS 485.350 False or forged policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document; misrepresentation of documents. Any person who:

1. Forges, materially alters or, without authority, signs any policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document required pursuant to this chapter;

2. Files or offers for filing any policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document knowing or having reason to believe that it is forged, altered or signed without authority; or

3. Misrepresents the validity of any policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document required pursuant to this chapter,

Ê is guilty of a misdemeanor.

[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967, 596; 1987, 313; 1995, 2742)

NRS 485.360 Penalty for other violations. Any person who shall violate any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor.

[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967, 596)

MISCELLANEOUS PROVISIONS

NRS 485.370 Applicability. This chapter shall not apply with respect to any motor vehicle owned by the United States, this State, or any political subdivision of this State, or any municipality therein.

[14:127:1949; 1943 NCL § 4439.14]

NRS 485.380 Self-insurers.

1. Any person in whose name more than 10 motor vehicles are registered in the State of Nevada may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Department as provided in subsection 2.

2. The Department may, upon the application of such a person, issue a certificate of self-insurance when:

(a) It is satisfied that the person possesses and will continue to possess the ability to pay judgments obtained against him or her; and

(b) The person provides security to satisfy judgments against him or her in an amount prescribed by regulation of the Department.

3. The certificate of self-insurance must include:

(a) The name and address of the self-insurer;

(b) The expiration date of the self-insurance; and

(1) “Self-insured”; and

(2) “This certificate of self-insurance or a photocopy thereof must be carried in the motor vehicle which is self-insured for production on demand.”

4. Upon not less than 5 days’ notice and a hearing pursuant to the notice, the Department may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after it becomes final constitutes a reasonable ground for the cancellation of a certificate of self-insurance.

5. The Department shall adopt regulations which set forth the amount of security which must be provided by a self-insurer pursuant to subsection 2.

[15:127:1949; 1943 NCL § 4439.15]—(NRS A 1961, 149; 1965, 263; 1973, 839; 1977, 657; 1979, 1517; 1993, 2487; 1995, 2743; 1999, 3588)

NRS 485.385 Department to take appropriate action after receipt of correct information. Whenever the Department has taken any action or has failed to take any action under this chapter by reason of having received erroneous information or by reason of having received no information, upon receiving correct information within 2 years after the date of the crash, the Department shall take appropriate action to carry out the purposes of this chapter. The foregoing does not require the Department to reevaluate the amount of any deposit required under this chapter.

(Added to NRS by 1957, 730; A 1961, 149; 1981, 1865; 1999, 3588; 2015, 1654)

NRS 485.387 Suspension of registration does not prevent owner from effecting bona fide sale; rights of vendor, mortgagee or lessor.

1. This chapter shall not prevent the owner of a motor vehicle, the registration of which has been suspended under this chapter, from effecting a bona fide sale of such motor vehicle to another person whose rights or privileges are not suspended under this chapter, nor prevent the registration of such motor vehicle by such transferee.

2. This chapter shall not in anywise affect the rights of any conditional vendor, chattel mortgagee or lessor of a motor vehicle registered in the name of another as owner who becomes subject to the provisions of this chapter.

[11:127:1949; 1943 NCL § 4439.11]

NRS 485.390 Chapter supplemental to laws regarding motor vehicles. This chapter shall in no respect be considered as a repeal of the state motor vehicle laws, but shall be construed as supplemental thereto.

[16:127:1949; 1943 NCL § 4439.16]

NRS 485.400 Chapter not retroactive. This chapter shall not apply with respect to any crash, or judgment arising therefrom, or violation of the motor vehicle laws of this State occurring prior to September 1, 1949.

[17:127:1949; 1943 NCL § 4439.17]—(NRS A 2015, 1654)

NRS 485.410 Chapter not to prevent other process. Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.

[18:127:1949; 1943 NCL § 4439.18]

NRS 485.420 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

[19:127:1949; 1943 NCL § 4439.19]