2005 Nevada Revised Statutes - Chapter 485 — Motor Vehicles: Insurance and Financial Responsibility

CHAPTER 485 - MOTOR VEHICLES: INSURANCE ANDFINANCIAL RESPONSIBILITY

GENERAL PROVISIONS

NRS 485.010 Shorttitle.

NRS 485.020 Definitions.

NRS 485.028 Certificateof financial responsibility defined.

NRS 485.0335 Dormantvehicle defined.

NRS 485.034 Evidenceof insurance defined.

NRS 485.035 Judgmentdefined.

NRS 485.037 Insurancedefined.

NRS 485.040 Licensedefined.

NRS 485.050 Motorvehicle defined.

NRS 485.055 Motorvehicle liability policy defined.

NRS 485.060 Nonresidentdefined.

NRS 485.070 Nonresidentsoperating privilege defined.

NRS 485.080 Operatordefined.

NRS 485.090 Ownerdefined.

NRS 485.105 Proofof financial responsibility defined.

NRS 485.108 Registeredowner defined.

NRS 485.110 Registrationdefined.

NRS 485.120 Statedefined.

ADMINISTRATION

NRS 485.130 Generalduties of Department.

NRS 485.135 Departmentto furnish operating record.

NRS 485.137 Departmentto publish and disseminate informational leaflet.

NRS 485.140 Judicialreview.

INSURANCE REQUIRED

NRS 485.185 Insurancefor payment of tort liabilities required.

NRS 485.186 Operatorspolicy of liability insurance: Use in lieu of owners policy of liabilityinsurance; requirements for issuance; required statements; operation of motorvehicle by person other than insured; required and excluded coverages;applicability.

NRS 485.187 Unlawfulacts; fines and penalties; exceptions.

SECURITY FOLLOWING ACCIDENT

NRS 485.190 Departmentto determine amount of security required; suspension of license andregistration; notice; procedure regarding erroneous information.

NRS 485.191 Rightto hearing; notice; request for hearing; waiver.

NRS 485.193 Scopeof hearing.

NRS 485.195 Powersof officer conducting hearing.

NRS 485.197 Enforcementof subpoenas issued by Director.

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

NRS 485.210 Requirementsas to policy or bond.

NRS 485.220 Formand amount of security.

NRS 485.230 Durationof suspension; requirements for reinstatement.

NRS 485.240 Applicationto nonresidents, unlicensed drivers, unregistered motor vehicles and accidentsin other states.

NRS 485.250 Authorityof Department to reduce amount of security.

NRS 485.260 Custodyof security.

NRS 485.270 Dispositionof security.

NRS 485.280 Returnof deposit.

NRS 485.290 Transfersof deposits to State Highway Fund; procedure for payment of claimants aftertransfer.

NRS 485.300 Mattersnot to be evidence in civil suits.

NONPAYMENT OF JUDGMENT

NRS 485.301 Judgmentcreditor authorized to report nonpayment of judgment; Department to transmitcopy of judgment to nonresidents state.

NRS 485.302 Suspensionfor nonpayment of judgment; exceptions.

NRS 485.303 Suspensionto continue until judgments paid and proof given.

NRS 485.304 Paymentssufficient to satisfy requirements.

NRS 485.305 Paymentof judgment in installments; default.

PROOF OF FINANCIAL RESPONSIBILITY

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

NRS 485.3075 Proofrequired before reinstatement of license or registrations suspended for failureto maintain proof; duration; penalty.

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

NRS 485.309 Certificatefurnished by nonresident as proof.

NRS 485.3091 Motorvehicle liability policy: Requirements.

NRS 485.3092 Cancellationor termination of policy: Notice required; suspension required if effectivedate within 3 years after reinstatement.

NRS 485.3093 Chapternot to affect other policies.

NRS 485.3098 Otherproof may be required.

NRS 485.3099 Waiverof requirement of proof by Department.

VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY

NRS 485.313 Departmentto create system for verifying that owners of motor vehicles maintaininsurance.

NRS 485.314 Insurerto provide monthly record to Department; contents and form of record;Department to notify Commissioner of Insurance of noncompliance or provision offalse, incomplete or misleading information.

NRS 485.316 Confidentialityof information in database; exceptions; penalty.

NRS 485.317 Verificationof insurance.

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

VIOLATIONS AND PENALTIES

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

NRS 485.326 Suspensionof license for failure to maintain insurance.

NRS 485.330 Operatingmotor vehicle when license or registration suspended.

NRS 485.340 Failureto return license, registration or license plate.

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

NRS 485.360 Penaltyfor other violations.

MISCELLANEOUS PROVISIONS

NRS 485.370 Applicability.

NRS 485.380 Self-insurers.

NRS 485.385 Departmentto take appropriate action after receipt of correct information.

NRS 485.387 Suspensionof registration does not prevent owner from effecting bona fide sale; rights ofvendor, mortgagee or lessor.

NRS 485.390 Chaptersupplemental to laws regarding motor vehicles.

NRS 485.400 Chapternot retroactive.

NRS 485.410 Chapternot to prevent other process.

NRS 485.420 Uniformityof interpretation.

_________

GENERAL PROVISIONS

NRS 485.010 Shorttitle. This chapter may be cited as the MotorVehicle Insurance and Financial Responsibility Act.

[21:127:1949](NRS A 1995, 2734)

NRS 485.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS485.028 to 485.120, inclusive, havethe 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 Certificateof financial responsibility defined. Certificateof financial responsibility means the certificate issued by an insurancecarrier pursuant to NRS 485.308certifying that there is a motor vehicle liability policy in effect for aperson who is required to furnish proof of financial responsibility.

(Added to NRS by 1995, 2734)

NRS 485.0335 Dormantvehicle defined. Dormant vehicle means amotor vehicle:

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

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

(Added to NRS by 1997, 1083)

NRS 485.034 Evidenceof insurance defined. Evidence of insurancemeans:

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

2. The certificate of self-insurance issued to aself-insurer by the Department pursuant to NRS485.380.

(Added to NRS by 1995, 2734)

NRS 485.035 Judgmentdefined. Judgment means any judgment whichshall have become final by expiration without appeal of the time within whichan appeal might have been perfected, or by final affirmation on appeal renderedby a court of competent jurisdiction of any state or of the United States, upona cause of action arising out of the ownership, maintenance or use of any motorvehicle for damages, including damages for care and loss of services because ofinjury to or destruction of property, including the loss of use thereof, orupon a cause of action on an agreement of settlement for such damages.

(Added to NRS by 1957, 722)

NRS 485.037 Insurancedefined. Insurance means:

1. A motor vehicle liability policy; or

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

(Added to NRS by 1995, 2734)

NRS 485.040 Licensedefined. License means any license,temporary instruction permit or temporary license issued under the laws of thisState pertaining to the licensing of persons to operate motor vehicles.

[1.2:127:1949; 1943 NCL 4439.01b]

NRS 485.050 Motorvehicle defined. Motor vehicle means everyself-propelled vehicle which is designed for use upon a highway, including:

1. Trailers and semitrailers designed for use withsuch vehicles, except traction engines, road rollers, farm tractors, tractorcranes, power shovels and well drillers; and

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

The termdoes not include electric personal assistive mobility devices as defined in NRS 482.029.

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

NRS 485.055 Motorvehicle liability policy defined.

1. Motor vehicle liability policy means an ownerspolicy of liability insurance or an operators policy of liability insuranceissued by an insurer authorized to transact business in this State, to or forthe benefit of the person named therein as insured.

2. With respect to a policy which grants excess oradditional coverage over that required by NRS485.3091, the term motor vehicle liability policy applies only to thatpart of the coverage which is required by NRS485.3091.

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

NRS 485.060 Nonresidentdefined. Nonresident means every person whois not a resident of this State.

[1.4:127:1949; 1943 NCL 4439.01d]

NRS 485.070 Nonresidentsoperating privilege defined. Nonresidentsoperating privilege means the privilege conferred upon a nonresident by thelaws of this State pertaining to the operation by him of a motor vehicle, orthe use of a motor vehicle owned by him, in this State.

[1.5:127:1949; 1943 NCL 4439.01e]

NRS 485.080 Operatordefined. Operator means every person who isin actual physical control of a motor vehicle whether or not licensed as anoperator pursuant to the laws of this State.

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

NRS 485.090 Ownerdefined. Owner means a person who holds thelegal title of a motor vehicle, or in the event a motor vehicle is the subjectof an agreement for the conditional sale or lease thereof with the right ofpurchase upon performance of the conditions stated in the agreement and with animmediate right of possession vested in the conditional vendee or lessee, or inthe event a mortgagor of a vehicle is entitled to possession, then suchconditional vendee or lessee or mortgagor shall be deemed the owner for thepurposes of this chapter.

[1.7:127:1949; 1943 NCL 4439.01g]

NRS 485.105 Proofof financial responsibility defined. Proofof financial responsibility means proof of ability to respond for the futurein damages for liability, on account of accidents occurring subsequent to theeffective date of that proof, arising out of the ownership, maintenance or useof 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)

NRS 485.108 Registeredowner defined. Registered owner means aperson whose name appears in the records of the Department as the person towhom the vehicle is registered.

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

NRS 485.110 Registrationdefined. Registration means the registrationcertificate and plate issued under the laws of this State pertaining to theregistration of motor vehicles.

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

NRS 485.120 Statedefined. State means any state, territory orpossession of the United States, the District of Columbia, or any province ofthe Dominion of Canada.

[1.10:127:1949; 1943 NCL 4439.01j]

ADMINISTRATION

NRS 485.130 Generalduties of Department.

1. The Department shall:

(a) Administer and enforce the provisions of thischapter.

(b) Provide for hearings upon request of personsaggrieved 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 forthe administration of this chapter.

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

NRS 485.135 Departmentto furnish operating record. The departmentshall upon request furnish any person a certified abstract of the operatingrecord of any person subject to the provisions of this chapter, which abstractmust also fully designate the motor vehicles, if any, registered in the name ofthat person, and, if there is no record of any conviction of that person ofviolating any law relating to the operation of a motor vehicle or of any injuryor damage caused by that person, the department shall so certify.

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

NRS 485.137 Departmentto publish and disseminate informational leaflet.

1. The department shall publish a leaflet whichsummarizes and explains the requirements and provisions of this chapter.

2. The department shall:

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

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

(c) Enclose a copy of the leaflet with each applicationfor a renewal of registration of a vehicle which is mailed to the applicantpursuant to law.

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

NRS 485.140 Judicialreview. Any person aggrieved by a finaldecision in a contested case before the department under this chapter isentitled 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

NRS 485.185 Insurancefor payment of tort liabilities required. Everyowner of a motor vehicle which is registered or required to be registered inthis State shall continuously provide, while the motor vehicle is present orregistered in this State, insurance:

1. In the amount of $15,000 for bodily injury to ordeath of one person in any one accident;

2. Subject to the limit for one person, in the amountof $30,000 for bodily injury to or death of two or more persons in any oneaccident; and

3. In the amount of $10,000 for injury to ordestruction of property of others in any one accident,

for thepayment of tort liabilities arising from the maintenance or use of the motorvehicle.

(Added to NRS by 1979, 1820; A 1981, 1862; 1987,1090; 1993, 2484; 1995, 2734)

NRS 485.186 Operatorspolicy of liability insurance: Use in lieu of owners policy of liabilityinsurance; requirements for issuance; required statements; operation of motorvehicle by person other than insured; required and excluded coverages;applicability.

1. Except as otherwise provided in subsection 7, anynatural person may satisfy the requirements of NRS 485.185 by obtaining, in lieu of anowners policy of liability insurance, an operators policy of liabilityinsurance which meets the requirements of this section and NRS 485.3091.

2. Anoperators policy of liability insurance may only be issued to a person if:

(a) The numberof motor vehicles that he owns is greater than the number of persons in hishousehold who possess a drivers license; and

(b) Each personin his household who possesses a drivers license is covered by an operatorspolicy of liability insurance.

3. An operators policy of liability insurance muststate, in addition to the requirements of NRS485.3091, that:

(a) The insurer is only liable under the policy forliability incurred by the insured while the named insured is the operator of amotor vehicle or while a motor vehicle owned by the insured is not beingoperated by any person;

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

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

unless suchextended coverage is expressly included in the policy. No operators policy ofliability insurance may be delivered or issued for delivery in this Stateunless the insured has signed an endorsement stating that he has read andunderstood the policy and its limitations.

4. An owner of a motor vehicle which is registered orrequired to be registered in this State and who holds an operators policy ofliability insurance shall not permit another person to operate his motorvehicle if the owner knows or should have known that the person does not haveliability insurance to cover his own operation of that motor vehicle.

5. An operators policy of liability insurance mustnot provide coverage for damages incurred while a person other than the namedinsured is operating a motor vehicle.

6. An operators policy of liability insurance mustprovide coverage for liability incurred by the insured while a motor vehicleowned 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 amotor vehicle for use in his business.

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

NRS 485.187 Unlawfulacts; fines and penalties; exceptions.

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

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

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

(c) Fail or refuse to surrender, upon demand, to apeace officer or to an authorized representative of the Department the evidenceof insurance.

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

2. A person shall not operate the motor vehicle ofanother person unless:

(a) He first ensures that the required evidence ofinsurance is present in the motor vehicle; or

(b) He has his own evidence of insurance which covershim as the operator of the motor vehicle.

3. Except as otherwise provided in subsection 4, anyperson who violates subsection 1 or 2 is guilty of a misdemeanor. Except asotherwise provided in this subsection, in addition to any other penalty, aperson sentenced pursuant to this subsection shall be punished by a fine of notless than $600 nor more than $1,000 for each violation. The fine must bereduced to $100 for the first violation if the person obtains a motor vehicleliability policy by the time of sentencing, unless:

(a) The person has registered the vehicle as part of afleet of vehicles pursuant to subsection 5 of NRS482.215; or

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

4. A court:

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

(b) Except as otherwise provided in paragraph (a), mayimpose 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 thatthe person presents proof to the court each month for 12 months that theinsurance required by NRS 485.185 is currentlyin effect.

5. The provisions of paragraphs (b) and (c) ofsubsection 1 do not apply if the motor vehicle in question displays a validpermit issued by the Department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396 or 482.3965 authorizing the movement oroperation 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)

SECURITY FOLLOWING ACCIDENT

NRS 485.190 Departmentto determine amount of security required; suspension of license andregistration; notice; procedure regarding erroneous information.

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

2. The Department shall, at any time after adetermination adverse to an operator or owner pursuant to NRS 485.191, suspend the license of eachoperator and all registrations of each owner of a motor vehicle involved insuch an accident, and, if the operator is a nonresident, the privilege ofoperating a motor vehicle within this State, and, if the owner is anonresident, the privilege of the use within this State of any motor vehicleowned by him, unless the operator or owner, or both, deposit security in thesum so determined by the Department. Notice of such a suspension must be sentby the Department to the operator and owner not less than 10 days before theeffective date of the suspension and must state the amount required assecurity. If erroneous information is given to the Department with respect tothe matters set forth in paragraph (a), (b) or (c) of subsection 1 of NRS 485.200, the Department shall takeappropriate action as provided in this section after it receives correct informationwith 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)

NRS 485.191 Rightto hearing; notice; request for hearing; waiver.

1. Any operator or owner of a motor vehicle who wasinvolved in an accident and who is not exempt from the requirements ofdepositing security by the provisions of NRS485.200, is entitled to a hearing before the Director or his representativebefore a determination of the amount of security required pursuant to NRS 485.190, and before the suspension ofhis operators license or registration as provided in subsection 2 of NRS 485.190. The hearing must be held inthe county of residence of the operator. If the operator and owner reside indifferent counties and the hearing would involve both of them, the hearing mustbe held in the county which will be the most convenient for the summoning ofwitnesses.

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

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

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

NRS 485.193 Scopeof hearing. The hearing must be held todetermine:

1. Whether or not there is a reasonable possibilitythat a judgment may be rendered against the owner or operator as a result ofthe accident in which he was involved if the issue is brought before a court ofcompetent jurisdiction; and

2. The amount of security that may be required of theoperator or owner to satisfy any judgment for damages that may be renderedagainst him.

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

NRS 485.195 Powersof officer conducting hearing. The Director orhis representative may certify to all official acts and issue subpoenas forattendance of witnesses and the production of books and papers.

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

NRS 485.197 Enforcementof subpoenas issued by Director.

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

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

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

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

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

and askingan order of the court compelling the witness to attend and testify or producethe books or papers before the Director.

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

(Added to NRS by 1973, 1545)

NRS 485.200 Exceptionsto 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 he had in effect at thetime of the accident a motor vehicle liability policy with respect to the motorvehicle involved in the accident;

(b) To the operator if there was in effect at the timeof the accident a motor vehicle liability policy with respect to his operationof any motor vehicle;

(c) To the operator or owner if his liability fordamages resulting from the accident 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 pursuantto NRS 485.380, or to any personoperating a motor vehicle for the self-insured;

(e) To the operator or the owner of a motor vehicleinvolved in an accident wherein no injury or damage was caused to the person orproperty of anyone other than the operator or owner;

(f) To the operator or the owner of a motor vehiclelegally parked at the time of the accident;

(g) To the owner of a motor vehicle if at the time ofthe accident the vehicle was being operated without his permission, express orimplied, or was parked by a person who had been operating the motor vehiclewithout permission; or

(h) If, before the date that the Department wouldotherwise suspend the license and registration or nonresidents operatingprivilege pursuant to NRS 485.190, thereis filed with the Department evidence satisfactory to it that the person whowould otherwise have to file security has been released from liability or hasreceived a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finallyadjudicated not to be liable or has executed an acknowledged written agreementproviding for the payment of an agreed amount in installments, with respect toall claims for injuries or damages resulting from the accident.

2. An owner who is not the operator of the motorvehicle is not exempt from the requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, if he holds a motorvehicle liability policy which provides coverage only when he is operating themotor vehicle and, at the time of the accident, another person is operating themotor 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)

NRS 485.210 Requirementsas to policy or bond. For the purposes of NRS 485.200, a policy or bond is noteffective unless:

1. The policy or bond is subject, if the accident hasresulted in bodily injury or death, to a limit, exclusive of interest andcosts, of not less than $15,000 because of bodily injury to or death of oneperson in any one accident and, subject to the limit for one person, to a limitof not less than $30,000 because of bodily injury to or death of two or morepersons in any one accident and, if the accident has resulted in injury to ordestruction of property, to a limit of not less than $10,000 because of injuryto or destruction of property of others in any one accident; and

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

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

NRS 485.220 Formand amount of security.

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

2. The person depositing the security shall specify inwriting the person or persons on whose behalf the deposit is made and, at anytime while the deposit is in the custody of the Department or the StateTreasurer, the person depositing it may, in writing, amend the specification ofthe person or persons on whose behalf the deposit is made to include anadditional person or persons, but a single deposit of security is applicableonly on behalf of persons required to furnish security because of the sameaccident.

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

NRS 485.230 Durationof suspension; requirements for reinstatement.

1. The license, all registrations and thenonresidents operating privilege suspended as provided in NRS 485.190 must remain so suspended andmay not be renewed nor may any license or registration be issued to any such personuntil:

(a) He deposits or there is deposited on his behalf thesecurity required under NRS 485.190;

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

(c) Evidence satisfactory to the Department has beenfiled 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 installmentunder any acknowledged written agreement, and upon notice of the default, theDepartment shall suspend the license and all registrations or the nonresidentsoperating privilege of the person defaulting, which may not be restored until:

(a) The person deposits and thereafter maintainssecurity as required under NRS 485.190in 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 accident, whichever is greater, and duringthat period no action upon the agreement has been instituted in a court in thisState.

3. Proof of financial responsibility, as set forth in NRS 485.307, is an additional requirementfor reinstatement of the operators license and registrations under thissection. He shall maintain proof of financial responsibility for 3 years afterthe date of reinstatement of the license in accordance with the provisions ofthis chapter. If he fails to do so the Department shall suspend the license andregistrations.

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

NRS 485.240 Applicationto nonresidents, unlicensed drivers, unregistered motor vehicles and accidentsin other states.

1. If the operator or the owner of a motor vehicleinvolved in an accident within this State has no license or registration, or isa nonresident, he must not be allowed a license or registration until he hascomplied with the requirements of NRS485.190 to 485.300, inclusive, tothe same extent that would be necessary if, at the time of the accident, he hadheld a license and registration.

2. When a nonresidents operating privilege issuspended pursuant to NRS 485.190 or 485.230, the Department shall transmit a certifiedcopy of the record of that action to the officer in charge of the issuance oflicenses and registration certificates in the state in which the nonresidentresides, if the law of that state provides for action in relation theretosimilar to that provided for in subsection 3.

3. Upon receipt of a certification that the operatingprivilege of a resident of this State has been suspended or revoked in anyother state pursuant to a law providing for its suspension or revocation forfailure to deposit security for the payment of judgments arising out of a motorvehicle accident, under circumstances which would require the Department tosuspend a nonresidents operating privilege had the accident occurred in thisState, the Department shall suspend the license of the resident if he was theoperator, and all of his registrations if he was the owner of a motor vehicleinvolved in that accident. The suspension must continue until the resident furnishesevidence of his compliance with the law of the other state relating to thedeposit of that security.

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

NRS 485.250 Authorityof Department to reduce amount of security. TheDepartment may reduce the amount of security ordered in any case within 6months after the date of the accident if, in its judgment, the amount orderedis excessive. In case the security originally ordered has been deposited, theexcess deposited over the reduced amount ordered must be returned to thedepositor or his personal representative forthwith, notwithstanding theprovisions of NRS 485.270.

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

NRS 485.260 Custodyof security. Security deposited pursuant tothe requirements of NRS 485.190 to 485.300, inclusive, must be placed by theDepartment 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 Dispositionof security. Security deposited in compliancewith the requirements of this chapter is applicable only to the payment of ajudgment or judgments rendered against the person or persons on whose behalfthe deposit was made for damages arising out of the accident in question in anaction at law, begun not later than 2 years after the date of the accident orwithin 1 year after the date of deposit of any security under NRS 485.230, whichever period is longer, orto the payment in settlement, agreed to by the depositor, of a claim or claimsarising out of the accident.

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

NRS 485.280 Returnof deposit. A deposit or any balance thereofmust be returned to the depositor or his personal representative:

1. When evidence satisfactory to the Department hasbeen filed with it that there has been a release from liability, a final adjudicationof 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 accident or 1 yearafter 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 andno 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)

NRS 485.290 Transfersof deposits to State Highway Fund; procedure for payment of claimants aftertransfer.

1. In cases where a return to a depositor or hispersonal representative is authorized and warranted under NRS 485.280 but the address or presentwhereabouts of the depositor is unknown and cannot be readily ascertained bythe Department, the security deposited may, 90 days after its return would beauthorized by NRS 485.280, betransferred from the custody of the State Treasurer to the State Highway Fundfor the general use of the Department of Transportation upon the written andcertified request of the Department.

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

3. The State Controller and the State Treasurer aredirected to transfer the amounts of security deposits from the custody of theState Treasurer to the State Highway Fund to effectuate the purposes of thissection upon being satisfied that the provisions of this chapter have beencomplied with.

4. If the depositor of the security or his rightfulheirs or legatees, within 5 years after the transfer of the deposit to theState Highway Fund, present a verified claim to the Department and make proofof the validity of the claim, the Department, if it is satisfied as to thevalidity of the claim, may determine the amount thereby found to be due andcertify it to the State Controller who shall draw his warrant therefor on theState 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 theFirst Judicial District Court of the State of Nevada, in and for Carson City,and present his proof of the validity of the claim. If, after hearing, thecourt is satisfied the claimant is rightfully entitled to the deposit, thecourt shall enter a decree that the money be paid to him. The decree must becertified to the State Board of Examiners, stating the amount thereby found tobe due, and the State Board of Examiners shall allow the amount and certify itto the State Controller who shall draw his warrant therefor on the StateTreasurer, who shall pay the warrant out of the State Highway Fund.

6. The amounts in the custody of the State Treasureron March 19, 1955, falling under the provisions of this section, may betransferred to the State Highway Fund, after the expiration of 90 days fromMarch 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 Mattersnot to be evidence in civil suits. Any actiontaken by the department pursuant to NRS485.190 to 485.300, inclusive, thefindings, if any, of the department upon which the action is based and thesecurity filed pursuant to NRS 485.190to 485.300, inclusive, are privilegedagainst 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 Judgmentcreditor authorized to report nonpayment of judgment; Department to transmitcopy of judgment to nonresidents state.

1. Whenever any person fails within 60 days to satisfyany judgment, the judgment creditor or his attorney may forward to theDepartment immediately after the expiration of the 60 days a certified copy ofthe judgment.

2. If the defendant named in any certified copy of ajudgment reported to the Department is a nonresident, the Department shalltransmit a certified copy of the judgment to the officer in charge of theissuance of licenses and registration certificates of the state in which thedefendant is a resident.

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

NRS 485.302 Suspensionfor nonpayment of judgment; exceptions.

1. The Department shall, upon the receipt of acertified copy of a judgment, suspend the license, all registrations and anynonresidents operating privilege of any person against whom the judgment wasrendered, except as otherwise provided in this section and in NRS 485.305.

2. If the judgment creditor consents in writing, insuch a form as the Department may prescribe, that the judgment debtor beallowed a license and registration or nonresidents operating privilege, it maybe allowed by the Department until the consent is revoked in writing,notwithstanding default in the payment of the judgment or of any installmentsthereof prescribed in NRS 485.305, ifthe judgment debtor furnishes proof of financial responsibility as provided in NRS 485.307. The debtor shall maintainproof of financial responsibility for 3 years after the date of reinstatementof the license pursuant to the provisions of this chapter. If he fails to doso, the Department shall suspend his license and registrations.

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

NRS 485.303 Suspensionto continue until judgments paid and proof given.

1. The license, all registrations and thenonresidents operating privilege must remain so suspended and must not berenewed, nor may any license or registration be thereafter issued in the nameof such a person, including any such person not previously licensed, unlessevery such judgment is stayed, satisfied in full or to the extent provided inthis chapter and the person gives proof of financial responsibility subject tothe exemptions stated in NRS 485.302 and485.305.

2. The requirements of this section for reinstatementof 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 Paymentssufficient to satisfy requirements. Judgmentsmust for the purpose of this chapter only, be deemed satisfied:

1. When $15,000 has been credited upon any judgment orjudgments rendered in excess of that amount because of bodily injury to ordeath of one person as the result of any one accident;

2. When, subject to the limit of $15,000 because ofbodily injury to or death of one person, the sum of $30,000 has been creditedupon any judgment or judgments rendered in excess of that amount because ofbodily injury to or death of two or more persons as the result of any oneaccident; or

3. When $10,000 has been credited upon any judgment orjudgments rendered in excess of that amount because of injury to or destructionof property of others as a result of any one accident,

but paymentsmade in settlement of any claims because of bodily injury, death or propertydamage arising from a motor vehicle accident must be credited in reduction ofthe amounts provided for in this section.

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

NRS 485.305 Paymentof judgment in installments; default.

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

2. The Department shall not suspend a license,registration or a nonresidents operating privilege, and shall restore anylicense, registrations or nonresidents operating privilege suspended followingnonpayment of a judgment, if the judgment debtor gives proof of financialresponsibility and obtains such an order permitting the payment of the judgmentin installments, and while the payment of any such installment is not indefault. 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 installmentas specified by such an order, upon notice of the default, the Department shallforthwith suspend the license, registrations or nonresidents operatingprivilege of the judgment debtor until the judgment is satisfied, as providedin this chapter.

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

PROOF OF FINANCIAL RESPONSIBILITY

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

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

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

(b) A certificate of self-insurance, as provided in NRS 485.380, supplemented by an agreementby the self-insurer that, with respect to accidents occurring while thecertificate is in force, he will pay the same judgments and in the same amountsthat an insurer would have been obligated to pay under an owners policy ofliability insurance if it had issued such a policy to the self-insurer.

2. Whenever the Department restores a license, permitor privilege of driving a vehicle in this State which has been revoked, nomotor vehicle may be or continue to be registered in the name of the personwhose license, permit or privilege was revoked unless proof of financialresponsibility is furnished by that person.

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

NRS 485.3075 Proofrequired before reinstatement of license or registrations suspended for failureto maintain proof; duration; penalty. A personwhose license or registrations are suspended for failure to maintain proof offinancial responsibility as required pursuant to this title must provide proofof financial responsibility pursuant to NRS485.307 before his license or registrations will be reinstated. The personmust maintain proof of financial responsibility for 3 years after the date ofthe reinstatement of his license pursuant to the provisions of this chapter. Ifhe fails to do so, the Department shall suspend his license and registrations.

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

NRS 485.308 Certificateof 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 furnishedby filing with the Department the written certificate of any insurance carrierauthorized to do business in this State certifying that there is in effect amotor vehicle liability policy for the benefit of the person required tofurnish proof of financial responsibility. The certificate must specify itseffective date and:

(a) If the policy is an owners policy of liabilityinsurance, designate by appropriate reference all motor vehicles covered by it;or

(b) If the policy is an operators policy of liabilityinsurance, designate the person covered.

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

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

(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 Certificatefurnished by nonresident as proof.

1. The nonresident owner of a motor vehicle notregistered in this State or a nonresident operator of a motor vehicle may giveproof of financial responsibility by filing with the Department a writtencertificate 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 isregistered; or

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

if thecertificate otherwise conforms to the provisions of this chapter.

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

(a) The insurance carrier shall execute a power ofattorney authorizing the Director to accept service on its behalf of notice orprocess in any action arising out of an accident involving a motor vehicle inthis State; and

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

3. If any insurance carrier not authorized to transactbusiness in this State, which has qualified to furnish proof of financialresponsibility, defaults in any undertakings or agreements, the Departmentshall not thereafter accept as proof any certificate of that carrier whethertheretofore filed or thereafter tendered as proof, as long as the defaultcontinues.

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

NRS 485.3091 Motorvehicle liability policy: Requirements.

1. An owners policy of liability insurance must:

(a) Designate by explicit description or by appropriatereference all motor vehicles with respect to which coverage is thereby to begranted; and

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

(1) Because of bodily injury to or death of oneperson in any one accident, $15,000;

(2) Subject to the limit for one person, becauseof bodily injury to or death of two or more persons in any one accident, $30,000;and

(3) Because of injury to or destruction ofproperty of others in any one accident, $10,000.

2. An operators policy of liability insurance mustinsure the person named as insured therein against loss from the liabilityimposed upon him by law for damages arising out of the use by him of any motorvehicle within the same territorial limits and subject to the same limits ofliability as are set forth in paragraph (b) of subsection 1.

3. A motor vehicle liability policy must state thename and address of the named insured, the coverage afforded by the policy, thepremium charged therefor, the period of effectiveness and the limits ofliability, and must contain an agreement or be endorsed that insurance isprovided thereunder in accordance with the coverage defined in this chapter asrespects bodily injury and death or property damage, or both, and is subject toall the provisions of this chapter.

4. A motor vehicle liability policy need not insureany liability under any workmens compensation law nor any liability on accountof bodily injury to or death of an employee of the insured while engaged in theemployment, other than domestic, of the insured, or while engaged in theoperation, maintenance or repair of any motor vehicle owned by the insured norany liability for damage to property owned by, rented to, in charge of ortransported by the insured.

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

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

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

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

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

6. Any policy which grants the coverage required for amotor vehicle liability policy may also grant any lawful coverage in excess ofor 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 thischapter.

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

8. The requirements for a motor vehicle liabilitypolicy 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 motorvehicle liability policy shall be deemed to fulfill the requirements for such apolicy.

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

NRS 485.3092 Cancellationor termination of policy: Notice required; suspension required if effectivedate within 3 years after reinstatement. Whenan insurance carrier has issued a motor vehicle liability policy, the insuranceso issued must not be cancelled or terminated until at least 10 days after anotice of cancellation or termination of the insurance has been mailed firstclass or delivered to the insured and, if the insurance carrier has certifiedthe policy under NRS 485.308 or 485.309, a notice has also been filed inthe office of the Department. A policy subsequently procured and certified, onthe effective date of its certification, terminates the insurance previouslycertified with respect to any motor vehicle designated or the person named asthe insured operator in both certificates. If the effective date of thetermination is within 3 years after the date of reinstatement of a license,registration or privilege, the Department shall suspend the license andregistration or privilege.

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

NRS 485.3093 Chapternot to affect other policies.

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

2. This chapter shall not be held to apply to oraffect policies insuring solely the insured named in the policy againstliability resulting from the maintenance or use by persons in the insuredsemploy or on his behalf of motor vehicles not owned by the insured.

(Added to NRS by 1957, 728)

NRS 485.3098 Otherproof may be required. Whenever any proof of financialresponsibility filed under the provisions of this chapter no longer fulfillsthe purposes for which required, the Department shall, for the purpose of thischapter, require other proof as required by this chapter and shall suspend thelicense and registration or the nonresidents operating privilege pending thefiling of such other proof.

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

NRS 485.3099 Waiverof requirement of proof by Department.

1. The Department shall, upon request, consent to theimmediate cancellation of any certificate of financial responsibility or waivethe requirement of filing proof of financial responsibility, in any of thefollowing events:

(a) At any time after 3 years after the date the proofof financial responsibility was required when, during the 3-year periodpreceding the request, the Department has not received a record of a convictionor a forfeiture of bail which would require or permit the suspension orrevocation of the license, registration or nonresidents operating privilege ofthe person by or for whom the proof of financial responsibility was furnished;

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

(c) If the person who is required to file proof offinancial responsibility surrenders his license and registration to theDepartment.

2. If a person who surrenders his license andregistration pursuant to paragraph (c) of subsection 1 applies for a license orregistration within a period of 3 years after the date proof of financialresponsibility was originally required, the application must be refused unlessthe applicant reestablishes proof of financial responsibility for the remainderof the 3-year period.

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

VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY

NRS 485.313 Departmentto create system for verifying that owners of motor vehicles maintaininsurance.

1. The Department shall create a system for verifyingthat the owners of motor vehicles maintain the insurance required by NRS 485.185.

2. As used in this section, motor vehicle does notinclude:

(a) A golf cart, as that term is defined in NRS 482.044.

(b) A motortruck, truck tractor, bus or other vehiclethat is registered pursuant to paragraph (e) 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)

NRS 485.314 Insurerto provide monthly record to Department; contents and form of record;Department to notify Commissioner of Insurance of noncompliance or provision offalse, incomplete or misleading information.

1. On or before the 15th calendar day of each month,each insurer that has executed a contract of insurance for a motor vehicleliability policy which may be used to meet the requirements of NRS 485.185 shall provide the Departmentwith a record of each such policy issued, amended or terminated in the previousmonth on the date the record is provided. The record must include:

(a) The name or identification number of each insurednamed in the policy of insurance;

(b) The make, year and vehicle identification number ofeach motor vehicle included in the policy of insurance;

(c) The number, effective date and expiration date ofthe policy of insurance; and

(d) Any other information required by the Department.

2. The record provided pursuant to subsection 1 mustbe submitted in a form approved by the Department and may include, without limitation,magnetic tape or any other electronic medium deemed acceptable by theDepartment.

3. The Department shall notify the Commissioner ofInsurance if an insurer:

(a) Fails to comply with subsection 1 or 2; or

(b) In complying with subsection 1 or 2, provides tothe Department information that is false, incomplete or misleading.

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

NRS 485.316 Confidentialityof information in database; exceptions; penalty.

1. Except as otherwise provided in subsections 2 and3, information which is maintained in the database created pursuant to NRS 485.313 is confidential.

2. The Department may only disclose information whichis maintained in the database, upon request, to a state or local governmentalagency for the purpose of enforcing NRS485.185, including investigating or litigating a violation or allegedviolation.

3. The Department may only disclose informationretrieved from the database to:

(a) A person who requests information regarding his ownstatus;

(b) The parent or legal guardian of the person aboutwhom the information is requested if the person is an unemancipated minor orlegally incapacitated;

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

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

(e) A personwho has suffered a loss or injury in an accident involving a motor vehicle, orhis authorized insurer or a representative of his authorized insurer, whorequests:

(1) Informationfor use in the accident report; and

(2) Foreach motor vehicle involved in the accident:

(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.

4. A personwho knowingly violates the provisions of this section is guilty of a category Dfelony and shall be punished as provided in NRS193.130.

5. As used in this section, authorized insurer hasthe meaning ascribed to it in NRS 679A.030.

(Added to NRS by 1993, 2484; A 1995, 1301, 2740; 2001 Special Session,253)

NRS 485.317 Verificationof insurance.

1. Subject tothe limitations set forth in this subsection and subsection 2, the Departmentshall, at least monthly, compare the current registrations of motor vehicles tothe information in the database created pursuant to NRS 485.313 to verify that each motorvehicle:

(a) Which isnewly registered in this State; or

(b) For which apolicy of liability insurance has been issued, amended or terminated,

is covered by a policy of liabilityinsurance as required by NRS 485.185. Inidentifying a motor vehicle for verification pursuant to this subsection, theDepartment may, if the motor vehicle was manufactured during or after 1981, useonly the last eight digits of the vehicle identification number. In comparingthe vehicle identification number of a motor vehicle to the vehicleidentification number in a policy of liability insurance, to determine if thetwo vehicle identification numbers match, the Department may find that the twovehicle identification numbers match if no fewer than seven of the last eightdigits of the two vehicle identification numbers match.

2. Except asotherwise provided in this subsection, the Department may use any informationto verify, pursuant to subsection 1, whether the motor vehicle is covered by apolicy of liability insurance as required by NRS485.185. The Department may not use the name of the owner of a motorvehicle as the primary means of verifying that a motor vehicle is covered by apolicy of liability insurance.

3. If, pursuant to subsection 1, the Departmentdetermines that a motor vehicle is not covered by a policy of liabilityinsurance as required by NRS 485.185,the Department shall send a form for verification by first-class mail to eachregistered owner that it determines has not maintained the insurance requiredby NRS 485.185. The owner shall completethe form with all the information which is requested by the Department,including whether he carries an owners or operators policy of liabilityinsurance or a certificate of self-insurance, and return the completed formwithin 20 days after the date on which the form was mailed by the Department.If the Department does not receive the completed form within 20 days after itmailed the form to the owner, the Department shall send to the owner a noticeof suspension of registration by certified mail. The notice must inform theowner that unless he submits a completed form to the Department within 15 daysafter the date on which the notice was sent by the Department his registrationwill be suspended pursuant to subsection 5. This subsection does not prohibitan authorized agent of the owner from providing to the Department:

(a) The information requested by the Departmentpursuant to this subsection.

(b) Additional information to amend or correctinformation already submitted to the Department pursuant to this subsection.

4. When the Department receives a completed form forverification, it shall verify the information on the form.

5. The Department shall suspend the registration andrequire the return to the Department of the license plates of any vehicle forwhich the form for verification set forth in subsection 3 is:

(a) Not returned to the Department by the registeredowner or his authorized agent within the period specified in that subsection;

(b) Returned to the Department by the registered owneror his authorized agent and the Department is not able to verify theinformation on the form; or

(c) Returned by the registered owner or his authorizedagent with an admission of having no insurance or without indicating an insureror the number of a motor vehicle liability policy or a certificate ofself-insurance.

6. If the Department suspends a registration pursuantto subsection 5 because:

(a) Neither the owner nor his authorized agent returneda form for verification within the specified period or the owner or hisauthorized agent returned a form for verification that was not completedsufficiently, and the owner or his authorized agent, thereafter:

(1) Proves to the satisfaction of the Departmentthat there was a justifiable cause for his failure to do so;

(2) Submits a completed form regarding hisinsurance on the date stated in the form mailed by the Department pursuant tosubsection 3; and

(3) Presents evidence of current insurance; or

(b) The owner or his authorized agent submitted to theDepartment a form for verification containing information that the Departmentwas unable to verify and, thereafter, the owner or his authorized agentpresents to the Department:

(1) A corrected form or otherwise verifiableevidence setting forth that the owner possessed insurance on the date stated inthe form; and

(2) Evidence of current insurance,

theDepartment shall rescind its suspension of the registration if it is able toverify the information on the form or the other evidence presented. TheDepartment shall not charge a fee to reinstate a registration, the suspensionof which was rescinded pursuant to this subsection. For the purposes of thissubsection, justifiable cause may include, but is not limited to, the factthat the owner did not receive the form mailed by the Department pursuant tosubsection 3.

7. Except as otherwise provided in subsections 8 and9, if a registered owner whose registration is suspended pursuant to subsection5, failed to have insurance on the date specified in the form for verification,the Department shall reinstate the registration of the vehicle and reissue thelicense plates only upon filing by the registered owner of evidence of currentinsurance and payment of the fee for reinstatement of registration prescribedin paragraph (a) of subsection 6 of NRS482.480.

8. If a registered owner proves to the satisfaction ofthe Department that his vehicle was a dormant vehicle during the period inwhich the information provided pursuant to NRS485.314 indicated that there was no insurance for the vehicle, theDepartment shall reinstate his registration and, if applicable, reissue hislicense plates. If such an owner of a dormant vehicle failed to cancel theregistration for the vehicle in accordance with subsection 3 of NRS 485.320, the Department shall notreinstate his registration or reissue his license plates unless the owner paysthe fee set forth in paragraph (b) of subsection 6 of NRS 482.480.

9. If the Department suspends the registration of amotor vehicle pursuant to subsection 5 because the registered owner of themotor vehicle failed to have insurance on the date specified in the form forverification, and if the registered owner, in accordance with regulationsadopted by the Department, proves to the satisfaction of the Department that hewas unable to comply with the provisions of NRS485.185 on that date because of extenuating circumstances, the Departmentmay:

(a) Reinstate the registration of the motor vehicle andreissue the license plates upon payment by the registered owner of a fee of$50, which must be deposited in the Account for Verification of Insurancecreated by subsection 6 of NRS 482.480;or

(b) Rescind the suspension of the registration withoutthe payment of a fee.

TheDepartment shall adopt regulations to carry out the provisions of this subsection.

10. For the purposes of verification of insurance bythe Department pursuant to this section, a motor vehicle shall be deemed to becovered by liability insurance unless the motor vehicle is without coverage fora period of more than 7 days.

(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; 2001Special Session, 254; 2005, 2316)

NRS 485.318 Immunityfrom liability for actions in good faith and without gross negligence. An insurer, its agents, the Department and its employeeswho act pursuant to NRS 485.313 to 485.318, inclusive, in good faith andwithout 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 Surrenderof license, registration and license plates; owner of dormant vehicle requiredto cancel registration if policy covering vehicle is cancelled or expires;regulations.

1. If the license of any person is suspended asprovided in this chapter, he shall immediately return the license to theDepartment. If his registration is suspended, he shall immediately return thecertificate of registration and the license plates to the Department.

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

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

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

(b) May, if he presents the license plates for thatvehicle to the authorized personnel of the Department for the removal anddestruction of the sticker or other device evidencing the current registrationof the vehicle, retain for potential reinstatement the license plates for aperiod not to exceed 1 year.

4. The Department shall adopt regulations which defineextended period, mechanical circumstances and seasonal circumstances forthe 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 Suspensionof license for failure to maintain insurance.

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

2. Any license suspended pursuant to subsection 1 mustremain suspended until the person shows proof of financial responsibility asset forth in NRS 485.307. The personshall maintain proof of financial responsibility for 3 years after the reinstatementof his license pursuant to the provisions of this chapter, and if he fails todo so, the Department shall suspend any license previously suspended pursuantto 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 Operatingmotor vehicle when license or registration suspended. Anyperson whose license or registration or nonresidents operating privilege hasbeen suspended pursuant to this chapter and who, during the suspension, drivesany motor vehicle upon any highway or knowingly permits any motor vehicle ownedby him to be operated by another person upon any highway, except as permittedpursuant 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 Failureto return license, registration or license plate. Anyperson willfully failing to return a license, certificate of registration orlicense plate as required in NRS 485.320is guilty of a misdemeanor.

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

NRS 485.350 Falseor forged policy of insurance, certificate of self-insurance, proof offinancial responsibility, evidence of insurance or other document;misrepresentation of documents. Any personwho:

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

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

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

is guilty ofa misdemeanor.

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

NRS 485.360 Penaltyfor other violations. Any person who shallviolate any provision of this chapter for which no penalty is otherwiseprovided 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 motorvehicle owned by the United States, this State, or any political subdivision ofthis 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 motorvehicles are registered in the State of Nevada may qualify as a self-insurer byobtaining a certificate of self-insurance issued by the Department as providedin subsection 2.

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

(a) It is satisfied that he possesses and will continueto possess the ability to pay judgments obtained against him; and

(b) The person provides security to satisfy judgmentsagainst him 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

(c) The statements:

(1) Self-insured; and

(2) This certificate of self-insurance or aphotocopy thereof must be carried in the motor vehicle which is self-insuredfor production on demand.

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

5. The Department shall adopt regulations which setforth the amount of security which must be provided by a self-insurer pursuantto 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 Departmentto take appropriate action after receipt of correct information. Whenever the Department has taken any action or has failedto take any action under this chapter by reason of having received erroneousinformation or by reason of having received no information, upon receivingcorrect information within 2 years after the date of the accident theDepartment shall take appropriate action to carry out the purposes of this chapter.The foregoing does not require the Department to reevaluate the amount of anydeposit required under this chapter.

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

NRS 485.387 Suspensionof registration does not prevent owner from effecting bona fide sale; rights ofvendor, mortgagee or lessor.

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

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

[11:127:1949; 1943 NCL 4439.11](Substituted in revisionfor NRS 485.310)

NRS 485.390 Chaptersupplemental to laws regarding motor vehicles. Thischapter shall in no respect be considered as a repeal of the state motorvehicle laws, but shall be construed as supplemental thereto.

[16:127:1949; 1943 NCL 4439.16]

NRS 485.400 Chapternot retroactive. This chapter shall not applywith respect to any accident, or judgment arising therefrom, or violation ofthe motor vehicle laws of this State occurring prior to September 1, 1949.

[17:127:1949; 1943 NCL 4439.17]

NRS 485.410 Chapternot to prevent other process. Nothing in thischapter shall be construed as preventing the plaintiff in any action at lawfrom relying for relief upon the other processes provided by law.

[18:127:1949; 1943 NCL 4439.18]

NRS 485.420 Uniformityof interpretation. This chapter shall be sointerpreted and construed as to effectuate its general purpose to make uniformthe laws of those states which enact it.

[19:127:1949; 1943 NCL 4439.19]

 

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