2005 Nevada Revised Statutes - Chapter 487 — Repair, Removal and Disposal of Vehicles

CHAPTER 487 - REPAIR, REMOVAL AND DISPOSALOF VEHICLES

GENERAL PROVISIONS

NRS 487.001 Applicabilityof chapter to mobile homes.

NRS 487.002 AdvisoryBoard on Automotive Affairs: Creation; members; terms; officers; meetings;expenses; duties.

NRS 487.003 Licensesissued pursuant to chapter: Submission of statement by applicant regardingpayment of child support; grounds for denial of license; duty of Department.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 487.005 Suspensionof license issued pursuant to chapter for failure to pay child support orcomply with certain subpoenas or warrants; reinstatement of license. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 487.007 Stateagency defined.

REPORTING OF CERTAIN VEHICLES

NRS 487.010 Reportof vehicles stored or parked to sheriff, police or state agency; duties ofoperator of tow car.

NRS 487.020 Reportof vehicle showing damage by gunfire.

NRS 487.030 Penaltyfor violation of NRS 487.010 or 487.020.

STATEMENT OF CHARGES FOR REPAIR OF AUTOMOBILE

NRS 487.035 Contents;presentation; penalty; liens.

TOWING AND REMOVAL OF CERTAIN VEHICLES

NRS 487.037 Unlawfultowing and removal of vehicle from facility for parking; reports to sheriff orpolice.

NRS 487.038 Removalof vehicles parked in unauthorized manner on private property: Conditions;notice; liability for costs.

NRS 487.039 Vehicletowed from private property: Filing of civil action to determine whether towinglawful; limitation; scheduling of hearing; order of court; operator of facilityfor storage of towed vehicles to display sign.

AUTOMOBILE WRECKERS

NRS 487.050 Unlawfulto dismantle, scrap, process or wreck vehicle without license; application forlicense. [Effective until the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 487.050 Unlawfulto dismantle, scrap, process or wreck vehicle without license; application forlicense. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 487.060 Bond:Requirement; amount; application for compensation; deposits in lieu of bond.

NRS 487.070 Issuanceand contents of license and card; fee; posting of license; expiration andrenewal of license. [Effective until the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 487.070 Issuanceand contents of license and card; fee; posting of license; expiration andrenewal of license. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 487.073 Applicantto furnish information concerning place of business.

NRS 487.080 Feefor issuance or renewal of license; disposition.

NRS 487.085 Wreckerto affix legible sign containing name of business.

NRS 487.090 Operationof vehicles on highway without registration; conditions.

NRS 487.095 Feesfor towing abandoned automobile.

NRS 487.100 Wreckerto transmit certificates of title, registration and ownership of certainvehicles to state agency.

NRS 487.160 Denial,suspension or revocation of licenses or refusal to renew: Grounds; hearings;reapplication; disclosure of financial records.

NRS 487.170 Recordsrequired; inspection.

NRS 487.180 Presumptionof dismantling.

NRS 487.190 Inapplicabilityof certain provisions to work or service vehicles owned by wrecker undercertain circumstances.

NRS 487.200 Penalty.

ABANDONED VEHICLES

NRS 487.205 Legislativefindings and declaration.

NRS 487.210 Definitions.

NRS 487.220 Personresponsible for cost of removal and disposition of abandoned vehicle;presumption vehicle abandoned by registered owner; rebuttal of presumption.

NRS 487.230 Removalof vehicles abandoned on property other than public lands.

NRS 487.235 Removalof vehicles abandoned on public lands.

NRS 487.240 Appraisalof removed abandoned vehicle.

NRS 487.250 Requirednotices.

NRS 487.260 Dispositionof vehicles appraised at value exceeding $500; disposition of junk vehicles;junk certificates.

NRS 487.270 Lienon abandoned vehicle.

NRS 487.281 Unlawfulabandonment of vehicle.

NRS 487.290 Unlawfulpossession of unregistered vehicles unfit for use; exceptions.

NRS 487.300 Penalty.

SALVAGE POOLS

NRS 487.400 Definitions.

NRS 487.410 Unlawfulto operate salvage pool without license; application for license. [Effective untilthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]

NRS 487.410 Unlawfulto operate salvage pool without license; application for license. [Effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 487.420 Bond:Requirement; amount; application for compensation; deposits in lieu of bond.

NRS 487.430 Licenseto operate salvage pool: Application; issuance; contents; posting; expiration;renewal. [Effective until the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 487.430 Licenseto operate salvage pool: Application; issuance; contents; posting; expiration;renewal. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 487.440 Applicantto furnish information concerning place of business.

NRS 487.450 Feefor issuance or renewal of license to operate salvage pool; disposition.

NRS 487.455 Operatorof salvage pool to affix legible sign containing name of business.

NRS 487.460 Operationof vehicles on highway without registration; conditions.

NRS 487.470 Restrictionson purchase and sale of salvage vehicles; automobile wreckers, dealers of newor used motor vehicles or rebuilders licensed outside State to register with operatorof each salvage pool with whom he submits bid.

NRS 487.475 Cardauthorizing dealer or rebuilder of motor vehicles to bid for purchase ofvehicle: Contents; quantity; issuance to salesman under certain circumstances;fee; expiration; disposition of fees.

NRS 487.480 Sale of vehicle as salvage; operator of pool to provide salvage title to purchaser.

NRS 487.490 Denial,suspension or revocation of license to operate salvage pool or refusal torenew: Grounds; hearings; reapplication; disclosure of financial records.

NRS 487.492 Licenseto issue identifying cards: Issuance to person licensed to operate salvagepool; investigation of qualifications of applicant.

NRS 487.493 Licenseto issue identifying cards: Qualifications of applicant.

NRS 487.494 Licenseto issue identifying cards: Bond; deposit in lieu of bond.

NRS 487.495 Licenseto issue identifying cards: Application; fee; issuance; expiration; renewal.

NRS 487.496 Courseof training required for certain employees of person licensed to issueidentifying cards.

NRS 487.497 Recordsof person licensed to issue identifying cards: Maintenance; contents;inspection; audit; location.

NRS 487.500 Recordsrequired; inspection.

NRS 487.510 Penalty.

STANDARDS: REPAIRS; REBUILDING; SAFETY EQUIPMENT

NRS 487.520 Repairand rebuilding of vehicle to comply with industry standards; repair orreplacement of airbags and other safety equipment; retention of writtenrecords.

GARAGES AND GARAGEMEN

NRS 487.530 Definitions.

NRS 487.535 Divisiondefined.

NRS 487.540 Garagedefined.

NRS 487.545 Garagemandefined.

NRS 487.550 Motorvehicle defined.

NRS 487.555 Applicability.

NRS 487.560 Registrationfor authorization to operate garage: Application; fee; waiver of fee; depositof collected fees; applicant to notify Department of material change in information.

NRS 487.563 Registrationfor authorization to operate garage: Agreement to submit to bindingarbitration; filing of bond or deposit of money or securities in lieu ofagreement; procedure for conducting arbitration; penalty for failure to submitto arbitration as agreed.

NRS 487.564 Registrationfor authorization to operate garage: Refusal to issue, suspension or revocationof, or refusal to renew; grounds.

NRS 487.565 Certificateof registration to operate garage: Issuance; contents; validity; renewal.

NRS 487.5653 Certificateof registration to operate garage: Temporary suspension of or refusal to renew;notice and hearing.

NRS 487.5657 Hearings:Issuance of subpoenas.

NRS 487.567 Garagemanprohibited from enforcing lien or suing on contract for cost of repairs ifgarageman fails to obtain or renew certificate of registration to operategarage or fails to maintain required bond.

NRS 487.568 Penalty.

NRS 487.570 Garagemanto comply with certain provisions relating to trade practices.

BODY SHOPS

NRS 487.600 Bodyshop defined.

NRS 487.610 Unlawfulto operate body shop without license; investigation of applicant.

NRS 487.615 Licensedoperator of body shop may operate or move unregistered vehicle on highwaysunder certain conditions.

NRS 487.620 Operatorof body shop to maintain established place of business and affix legible signcontaining name of business.

NRS 487.630 License:Application; fee; issuance; contents; posting; inclusion of license number incertain documents; expiration; renewal. [Effective until the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 487.630 License:Application; fee; issuance; contents; posting; inclusion of license number incertain documents; expiration; renewal. [Effective on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 487.640 Bond:Requirement; amount; application for compensation; deposits in lieu of bond.

NRS 487.650 Denial,suspension or revocation of license or refusal to renew: Grounds; disclosure offinancial records.

NRS 487.660 Temporarysuspension of license or refusal to renew.

NRS 487.670 Subpoenas.

NRS 487.680 Licenseeto inform Department of changes concerning operation of body shop; books andrecords.

NRS 487.690 Penalty.

REPAIRS; REBUILT VEHICLES; SALVAGE VEHICLES; TOTAL LOSSVEHICLES; NONREPAIRABLE VEHICLES

NRS 487.710 Definitions.

NRS 487.720 Costof repair defined.

NRS 487.730 Fairmarket value defined.

NRS 487.740 Flood-damagedvehicle defined.

NRS 487.750 Motorvehicle defined.

NRS 487.760 Nonrepairablevehicle defined.

NRS 487.765 Rebuiltvehicle defined.

NRS 487.770 Salvagevehicle defined.

NRS 487.780 Titledefined.

NRS 487.790 Totalloss vehicle defined.

NRS 487.795 Rebuiltvehicles: Prerequisites to registration; certificate of inspection.

NRS 487.800 Salvagevehicles: Duties of insurance company and relinquishing owner; application forsalvage title; sale of vehicle; rebuilt and restored vehicles; retention;exclusion of nonrepairable vehicles.

NRS 487.810 Salvagetitle: Issuance by state agency; contents; persons and entities to whom issued;documents required to be submitted with application; fee; title as prerequisiteto transfer of ownership interest; certain authorities not conveyed by title;not to be issued for nonrepairable vehicle.

NRS 487.820 Salvagetitle: Procedure for acceptance of application if applicant unable to furnishcertificates of title and registration; prohibition on issuance of duplicatecertificates of title or registration.

NRS 487.830 Transferof interest in motor vehicle: Transferor to disclose information relating tostatus of vehicle as salvage vehicle; additional duties of transferor; criminalpenalty.

NRS 487.840 Title:Removal or concealment of indicia of salvage vehicle or rebuilt vehicleprohibited; criminal penalties if violation committed with intent to defraud;restitution.

NRS 487.850 Actionfor damages; attorneys fees; remedy is in addition to other legal or equitableremedies.

NRS 487.860 Inspectionrequired before registration of vehicle for which salvage title was issued;exclusion of nonrepairable vehicles; certificate of inspection.

NRS 487.870 Removalof total loss salvage vehicle from State; penalty.

NRS 487.880 Nonrepairablevehicles: Requirements; prohibited acts.

NRS 487.890 Estimateof cost of repair of motor vehicle pursuant to NRS 487.800: Calculation; exclusion ofpainting costs.

PENALTIES

NRS 487.990 Administrativefines; opportunity for hearing; deposit of fines collected; delegation ofauthority to impose and collect fines; injunctions and other remedies;enforcement proceedings.

_________

GENERAL PROVISIONS

NRS 487.001 Applicabilityof chapter to mobile homes.

1. The provisions of this chapter, except NRS 487.035 and 487.290, apply to mobile homes although notlicensed or registered.

2. As used in this section, mobile home means avehicular structure, built on a chassis or frame, which is designed to be usedwith or without a permanent foundation and is capable of being drawn by a motorvehicle. The term does not include a recreational park trailer as defined in NRS 482.1005.

(Added to NRS by 1975, 332; A 1977, 235; 2001, 1726)

NRS 487.002 AdvisoryBoard on Automotive Affairs: Creation; members; terms; officers; meetings;expenses; duties.

1. The Advisory Board on Automotive Affairs,consisting of seven members appointed by the Governor, is hereby created withinthe Department.

2. The Governor shall appoint to the Board:

(a) One representative of the Department;

(b) One representative of licensed operators of bodyshops;

(c) One representative of licensed automobile wreckers;

(d) One representative of registered garagemen;

(e) One representative of licensed operators of salvagepools; and

(f) Two representatives of the general public.

3. After the initial terms, each member of the Boardserves a term of 4 years. The members of the Board shall annually elect fromamong their number a Chairman and a Vice Chairman. The Department shall providesecretarial services for the Board.

4. The Board shall meet regularly at least twice eachyear and may meet at other times upon the call of the Chairman. Each member ofthe Board is entitled to the per diem allowance and travel expenses providedfor state officers and employees generally.

5. The Board shall:

(a) Study the regulation of garagemen, automobilewreckers and operators of body shops and salvage pools, including, without limitation,the registration or licensure of such persons and the methods of disciplinaryaction against such persons;

(b) Analyze and advise the Department relating to anyconsumer complaints provided to the Department by the Consumer Affairs Divisionof the Department of Business and Industry pursuant to NRS 598.985 or otherwise received by the Departmentconcerning garagemen, automobile wreckers or operators of body shops or salvagepools;

(c) Make recommendations to the Department for anynecessary regulations or proposed legislation pertaining to paragraph (a) or(b);

(d) On or before January 15 of each odd-numbered year,prepare and submit a report concerning its activities and recommendations tothe Governor and to the Director of the Legislative Counsel Bureau fortransmission to the Legislature; and

(e) Perform any other duty assigned by the Department.

(Added to NRS by 1989, 2042; A 1991, 1612; 1993,1644; 2001, 2552;2005, 926)

NRS 487.003 Licensesissued pursuant to chapter: Submission of statement by applicant regarding paymentof child support; grounds for denial of license; duty of Department. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. An applicantfor the issuance or renewal of a license issued pursuant to this chapter shallsubmit to the Department the statement prescribed by the Division of Welfareand Supportive Services of the Department of Health and Human Services pursuantto NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Department shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Department.

3. A license may not be issued or renewed by theDepartment pursuant to this chapter if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Department shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2078)

NRS 487.005 Suspensionof license issued pursuant to chapter for failure to pay child support orcomply with certain subpoenas or warrants; reinstatement of license. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. If theDepartment receives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of a licenseissued pursuant to this chapter, the Department shall deem the license issuedto that person to be suspended at the end of the 30th day after the date onwhich the court order was issued unless the Department receives a letter issuedto the holder of the license by the district attorney or other public agencypursuant to NRS 425.550 stating that theholder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Department shall reinstate a license issuedpursuant to this chapter that has been suspended by a district court pursuantto NRS 425.540 if the Departmentreceives a letter issued by the district attorney or other public agencypursuant to NRS 425.550 to the personwhose license was suspended stating that the person whose license was suspendedhas complied with the subpoena or warrant or has satisfied the arrearagepursuant to NRS 425.560.

(Added to NRS by 1997, 2079)

NRS 487.007 Stateagency defined. As used in this chapter, theterm state agency means:

1. The Manufactured Housing Division of the Departmentof Business and Industry with regard to mobile homes and commercial coaches.

2. The Department of Motor Vehicles with regard to allother vehicles subject to registration under the laws of this State.

(Added to NRS by 1979, 1228; A 1985, 1960; 1993,1644; 2001, 2553)

REPORTING OF CERTAIN VEHICLES

NRS 487.010 Reportof vehicles stored or parked to sheriff, police or state agency; duties ofoperator of tow car.

1. Every keeper of a garage, parking area or trailerpark who provides storage or parking for vehicles subject to registration underthe laws of this State shall report the presence of vehicles to the persons setforth in subsection 3 as follows:

(a) If there is reason to believe that the vehicle isstolen, abandoned or secreted, within 24 hours after storage or parking begins.

(b) If there is reason to believe that the vehicle hasbeen stored without the knowledge or consent of the registered owner, within 5days after storage or parking begins.

(c) In any event within 30 days after storage orparking begins, even though notice may have previously been given under theprovisions of paragraphs (a) and (b).

2. The notice must be given on forms provided by thestate agency and include the vehicle registration plate number, the vehicleidentification number and such other information as may be available which willaid in identifying the registered and the legal owner of the vehicle.

3. Notice must be given in person or by mail to:

(a) The sheriff of the county in which the vehicle isstored;

(b) If the vehicle is stored in a city, the chief ofpolice of the city; or

(c) The state agency.

4. The notice required by this section must be givento the state agency if the vehicle has not been stored at the direction ofeither the sheriff of the county or, in the case of a city, the chief of policeof the city in which the vehicle is stored.

5. The operator of the tow car shall within 15 daysafter storage begins:

(a) If the vehicle is registered in this State, notifythe legal owner and any holder of a security interest who appears of record.

(b) If the vehicle is registered in another state,request from the appropriate agency of that state the name and address of thelegal owner and holder of a security interest. If the names and addresses areobtained, the operator of the tow car shall notify each of the persons.

The stateagency may utilize local law enforcement agencies of this State to obtain thenecessary information for the operator of the tow car.

6. Failure to comply with the provisions ofsubsections 1, 2 and 3 renders any lien for storage beyond 24 hours, 5 days or30 days, respectively, void.

[1:227:1919; A 1953, 95](NRS A 1957, 630; 1961, 71;1965, 127; 1967, 405; 1971, 836; 1973, 213, 1111; 1979, 1228; 1983, 1097; 1985,302)

NRS 487.020 Reportof vehicle showing damage by gunfire. Whenevera vehicle of a type subject to registration under the laws of this State hasbeen offered for repair to any person or garage and the damage to the vehicleindicates that such damage is the result of gunfire, the person to whom thevehicle was offered for repair shall immediately report the vehicle andcondition to the sheriffs office of the county, or the police department ofthe city, wherein such garage or person is located.

[2:227:1919; A 1953, 95]

NRS 487.030 Penaltyfor violation of NRS 487.010 or 487.020. Anyperson who violates any of the provisions of NRS487.010 and 487.020 is guilty of amisdemeanor.

[3:227:1919; 1919 RL p. 3376; NCL 10548]

STATEMENT OF CHARGES FOR REPAIR OF AUTOMOBILE

NRS 487.035 Contents;presentation; penalty; liens.

1. If charges are made for the repair of a motorvehicle, the person making the charges shall present to the person requestingthe repairs or the person entitled to possession of the motor vehicle astatement of the charges containing the following information:

(a) The name and signature of the person authorizing orrequesting the repairs;

(b) A statement of the total charges;

(c) An itemization and description of all parts used torepair the motor vehicle indicating the charges made for each part;

(d) A statement of the charges made for labor; and

(e) A description of all other charges.

2. Any person violating this section is guilty of amisdemeanor.

3. In the case of a motor vehicle registered in theState of Nevada, no lien for labor or materials provided under NRS 108.265 to 108.360, inclusive, may be enforced by saleor otherwise unless a statement as described in subsection 1 has been given bydelivery in person or by certified mail to the last known address of the registeredand the legal owner of the motor vehicle. In all other cases, such notice mustbe made to the last known address of the registered owner and any other personknown to have or to claim an interest in the motor vehicle.

4. As used in this section, motor vehicle has themeaning ascribed to it in NRS 487.550.

(Added to NRS by 1965, 1177; A 1971, 836; 2001, 967)

TOWING AND REMOVAL OF CERTAIN VEHICLES

NRS 487.037 Unlawfultowing and removal of vehicle from facility for parking; reports to sheriff orpolice.

1. It is unlawful for a person engaged in theoperation of off-street parking facilities to:

(a) Tow or remove or authorize the towing and removalof any vehicle within 24 hours of the expiration of the period for which aparticular fee is paid. This paragraph does not affect or limit any parking lotoperator from charging parking fees in accordance with his posted schedule forthe additional time the vehicle is parked.

(b) Tow or remove or authorize the towing and removalof any vehicle when such parking facilities are held open for public use andthere was no attendant on duty or other facilities permitting the patron to payor remit the parking charges at the time such vehicle was first parked. Thisparagraph does not affect or limit any parking lot operator from chargingparking fees in accordance with his posted schedule for the time the vehicle isparked.

(c) Tow or remove or authorize the towing and removalof any vehicle when the parking facilities are held open to the public andthere is a device provided for payment of parking fees but the device does notdispense a ticket or time-dated slip. This paragraph does not apply to parkinglots that are owned and operated by a governmental entity.

2. Notwithstanding the provisions of subsection 1, aperson operating off-street parking facilities may authorize the towing orremoving of, may tow or may remove any vehicle parked where the facilitiesprovided the opportunity to take or purchase a ticket or time slip, and noticket or time slip was purchased.

3. Any person that tows a vehicle without theknowledge of the registered owner thereof shall immediately report the towingby oral communication to the police department of the city or to the sheriffsoffice of the county where the towing is done. The oral communication mustinclude the time of the towing and the location from which and to which thevehicle has been towed.

(Added to NRS by 1971, 771; A 1989, 1054)

NRS 487.038 Removalof vehicles parked in unauthorized manner on private property: Conditions;notice; liability for costs.

1. Except as otherwise provided in subsections 3 and4, the owner or person in lawful possession of any real property may, after givingnotice pursuant to subsection 2, utilize the services of any tow car operatorsubject to the jurisdiction of the Transportation Services Authority to removeany vehicle parked in an unauthorized manner on that property to the nearestpublic garage or storage yard if:

(a) A sign is displayed in plain view on the propertydeclaring public parking to be prohibited or restricted in a certain manner;and

(b) The sign shows the telephone number of the policedepartment or sheriffs office.

2. Oral notice must be given to the police departmentor sheriffs office, whichever is appropriate, indicating:

(a) The time the vehicle was removed;

(b) The location from which the vehicle was removed;and

(c) The location to which the vehicle was taken.

3. Any vehicle which is parked in a space designatedfor the handicapped and is not properly marked for such parking may be removedif notice is given to the police department or sheriffs office pursuant tosubsection 2, whether or not a sign is displayed pursuant to subsection 1.

4. The owner or person in lawful possession ofresidential real property upon which a single-family dwelling is located may,after giving notice pursuant to subsection 2, utilize the services of any towcar operator subject to the jurisdiction of the Transportation ServicesAuthority to remove any vehicle parked in an unauthorized manner on thatproperty to the nearest public garage or storage yard, whether or not a sign isdisplayed pursuant to subsection 1.

5. All costs incurred, under the provisions of thissection, for towing and storage must be borne by the owner of the vehicle, asthat term is defined in NRS 484.091.

6. The provisions of this section do not limit oraffect any rights or remedies which the owner or person in lawful possession ofreal property may have by virtue of other provisions of the law authorizing theremoval of a vehicle parked on that property.

(Added to NRS by 1973, 1110; A 1981, 985; 1995, 1607;1997, 2009)

NRS 487.039 Vehicletowed from private property: Filing of civil action to determine whether towinglawful; limitation; scheduling of hearing; order of court; operator of facilityfor storage of towed vehicles to display sign.

1. If a vehicle is towed from private property uponthe request of the owner of the private property, or a person in lawfulpossession of that property, and the owner of the vehicle believes that thevehicle was unlawfully towed, the owner of the vehicle may file a civil actionpursuant to paragraph (b) of subsection 1 of NRS4.370 in the Justice Court of the township where the private property islocated, on a form provided by the court, to determine whether the towing ofthe vehicle was lawful.

2. An action may be filed pursuant to this sectiononly if the cost of towing and storing the vehicle does not exceed $10,000.

3. Upon the filing of a civil action pursuant tosubsection 1, the court shall schedule a date for a hearing. The hearing mustbe held not later than 7 days after the action is filed. The court shall affixthe date of the hearing to the form and order a copy served by the sheriff,constable or other process server upon the person who authorized the towing ofthe vehicle.

4. The court shall:

(a) If it determines that the vehicle was:

(1) Lawfully towed, order the owner of thevehicle to pay the cost of towing and storing the vehicle and order the personwho is storing the vehicle to release the vehicle to the owner upon payment ofthat cost; or

(2) Unlawfully towed, order the person whoauthorized the towing to pay the cost of towing and storing the vehicle andorder the person who is storing the vehicle to release the vehicle to the ownerimmediately; and

(b) Determine the actual cost incurred in towing andstoring the vehicle.

5. The operator of any facility or other locationwhere vehicles which are towed from private property are stored shall displayconspicuously at that facility or location a sign which sets forth theprovisions of this section.

(Added to NRS by 1995, 1606; A 2003, 852)

AUTOMOBILE WRECKERS

NRS 487.050 Unlawfulto dismantle, scrap, process or wreck vehicle without license; application forlicense. [Effective until the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

1. It is unlawful for any person to dismantle, scrap,process or wreck any vehicle without first applying for and obtaining a licensefor that operation from the Department.

2. An application for a license must be made on a formprovided by the Department, include the social security number of the applicantand be accompanied by such proof as the Department may require that:

(a) The applicant is a bona fide automobile wrecker;and

(b) He owns or leases a place of business which meetsthe requirements of NRS 487.073.

(Added to NRS by 1963, 838; A 1969, 1086; 1987, 1600;1995, 1574; 1997, 2079)

NRS 487.050 Unlawful to dismantle, scrap, processor wreck vehicle without license; application for license. [Effective on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. It is unlawful for any person to dismantle, scrap,process or wreck any vehicle without first applying for and obtaining a licensefor that operation from the Department.

2. An application for a license must be made on a formprovided by the Department and accompanied by such proof as the Department mayrequire that:

(a) The applicant is a bona fide automobile wrecker;and

(b) He owns or leases a place of business which meetsthe requirements of NRS 487.073.

(Added to NRS by 1963, 838; A 1969, 1086; 1987, 1600;1995, 1574; 1997, 2079, effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings)

NRS 487.060 Bond:Requirement; amount; application for compensation; deposits in lieu of bond.

1. No license may be issued to an automobile wreckeruntil he has procured and filed with the Department a good and sufficient bondin the amount of $50,000, with a corporate surety thereon licensed to dobusiness in the State of Nevada, approved as to form by the Attorney General,and conditioned that the applicant conducts his business as a wrecker withoutfraud or fraudulent representation, and without violation of the provisions of NRS 487.050 to 487.200, inclusive, or 487.710 to 487.890, inclusive. The Department may, byagreement with any automobile wrecker who has been licensed for 5 years or moreby the Department or a department of motor vehicles in another state, reducethe amount of the bond of the wrecker, if the business of that wrecker has beenconducted satisfactorily for the preceding 5 years, but no bond may be in anamount less than $5,000. The Department shall make the necessary investigationto determine whether a wrecker licensed in another state has conducted itsbusiness satisfactorily.

2. The bond may be continuous in form and the totalaggregate liability on the bond must be limited to the payment of the totalamount of the bond.

3. The bond must provide that any person injured bythe action of the automobile wrecker in violation of any of the provisions of NRS 487.050 to 487.200, inclusive, or 487.710 to 487.890, inclusive, may apply to theDirector for compensation from the bond. The Director, for good cause shown andafter notice and opportunity for hearing, may determine the amount ofcompensation and the person to whom it is to be paid. The surety shall thenmake the payment.

4. In lieu of a bond an automobile wrecker may depositwith the Department, under the terms prescribed by the Department:

(a) A like amount of money or bonds of the UnitedStates or of the State of Nevada of an actual market value of not less than theamount fixed by the Department; or

(b) A savings certificate of a bank, credit union orsavings and loan association situated in Nevada, which must indicate an accountof an amount equal to the amount of the bond which would otherwise be requiredby this section and that this amount is unavailable for withdrawal except uponorder of the Department. Interest earned on the certificate accrues to theaccount of the applicant.

5. A deposit made pursuant to subsection 4 may bedisbursed by the Director, for good cause shown and after notice andopportunity for hearing, in an amount determined by him to compensate a personinjured by an action of the licensee, or released upon receipt of:

(a) A court order requiring the Director to release allor a specified portion of the deposit; or

(b) A statement signed by the person in whose name thedeposit is made and acknowledged before any person authorized to takeacknowledgments in this State, requesting the Director to release the deposit,or a specified portion thereof, and stating the purpose for which the releaseis requested.

6. When a deposit is made pursuant to subsection 4,liability under the deposit is in the amount prescribed by the Department. Ifthe amount of the deposit is reduced or there is an outstanding judgment forwhich the licensee is liable under the deposit, the license is automaticallysuspended. The license must be reinstated if the licensee:

(a) Files an additional bond pursuant to subsection 1;

(b) Restores the deposit with the Department to theoriginal amount required under this section; or

(c) Satisfies the outstanding judgment for which he isliable under the deposit.

7. A deposit made pursuant to subsection 4 may berefunded:

(a) By order of the Director, 3 years after the datethe licensee ceases to be licensed by the Department, if the Director issatisfied that there are no outstanding claims against the deposit; or

(b) By order of court, at any time within 3 years afterthe date the licensee ceases to be licensed by the Department, upon evidencesatisfactory to the court that there are no outstanding claims against thedeposit.

8. Any money received by the Department pursuant tosubsection 4 must be deposited with the State Treasurer for credit to the MotorVehicle Fund.

(Added to NRS by 1963, 838; A 1967, 745; 1977, 646;1983, 143; 1987, 1601; 1991, 525; 1993, 2344; 1999, 1502; 2003, 1912)

NRS 487.070 Issuanceand contents of license and card; fee; posting of license; expiration andrenewal of license. [Effective until the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. The Department may approve or reject theapplication. If the Department receives the statement required pursuant to NRS 487.003 and approves the application,it shall issue to the applicant:

(a) A license containing the applicants name andaddress, the name under which the business is to be conducted, the businessaddress, and a distinguishing number assigned to the applicant.

(b) A card which:

(1) Contains the information specified inparagraph (a);

(2) Includes a picture of the licensee; and

(3) Clearly identifies the holder of the card asa licensed automobile wrecker.

2. A licensee may obtain one or two cards for hisbusiness. The Department shall charge a fee of $50 for each card issued. Feescollected by the Department pursuant to this subsection must be deposited withthe State Treasurer to the credit of the Account for Regulation of SalvagePools, Automobile Wreckers, Body Shops and Garages.

3. A licensee shall post the license in a conspicuousplace clearly visible to the general public at the business address set forthon the license.

4. A license expires on April 30 of each year.

5. A licensee may renew his license by submitting tothe Department:

(a) A completed application for renewal upon a formsupplied by the Department;

(b) The statement required pursuant to NRS 487.003; and

(c) The fee for renewal of a license provided in NRS 487.080.

(Added to NRS by 1963, 839; A 1987, 1602; 1989, 2023;1991, 1777; 1997, 145, 1372, 1376, 1516, 2080)

NRS 487.070 Issuance and contents of license andcard; fee; posting of license; expiration and renewal of license. [Effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. The Department may approve or reject theapplication and, if approved, shall issue to the applicant:

(a) A license containing the applicants name andaddress, the name under which the business is to be conducted, the businessaddress, and a distinguishing number assigned to the applicant.

(b) A card which:

(1) Contains the information specified inparagraph (a);

(2) Includes a picture of the licensee; and

(3) Clearly identifies the holder of the card asa licensed automobile wrecker.

2. A licensee may obtain one or two cards for hisbusiness. The Department shall charge a fee of $50 for each card issued. Feescollected by the Department pursuant to this subsection must be deposited withthe State Treasurer to the credit of the Account for Regulation of SalvagePools, Automobile Wreckers, Body Shops and Garages.

3. A licensee shall post the license in a conspicuousplace clearly visible to the general public at the business address set forthon the license.

4. A license expires on April 30 of each year.

5. A licensee may renew his license by submitting tothe Department:

(a) A completed application for renewal upon a formsupplied by the Department; and

(b) The fee for renewal of a license provided in NRS 487.080.

(Added to NRS by 1963, 839; A 1987, 1602; 1989, 2023;1991, 1777; 1997, 145, 1372, 1376, 1516, 2080; 1999, 457, effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 487.073 Applicantto furnish information concerning place of business. Beforeissuing a license to an automobile wrecker, the Department shall require theapplicant to furnish proof that:

1. He will conduct his business from a permanentenclosed building which he owns or has leased;

2. The business will be located on at least one-halfof an acre of ground; and

3. The site for the business will be surrounded by ascreened fence at least 6 feet high.

(Added to NRS by 1987, 1600)

NRS 487.080 Feefor issuance or renewal of license; disposition.

1. The fee for issuance or renewal of an automobilewreckers license is $300.

2. Fees collected must be deposited with the StateTreasurer to the credit of the Account for Regulation of Salvage Pools, AutomobileWreckers, Body Shops and Garages.

(Added to NRS by 1963, 839; A 1975, 212; 1987, 1602;1989, 2023; 1991, 1778; 1997, 1372)

NRS 487.085 Wreckerto affix legible sign containing name of business. Ateach of his established places of business, an automobile wrecker shall permanentlyaffix a sign containing the name of his business in lettering of sufficientsize to be clearly legible from the center of the nearest street or roadway,except that the lettering must be at least 8 inches high and formed by linesthat are at least 1-inch wide.

(Added to NRS by 1997, 1515)

NRS 487.090 Operationof vehicles on highway without registration; conditions. Any licensed automobile wrecker owning or controlling anyvehicle of a type required to be registered under the laws of this State mayoperate or move such a vehicle upon the highways without subjecting the vehicleto registration if such operation or movement is for the sole purpose of movingthe vehicle from its location to the established place of business of thelicensee. A licensed automobile wrecker may obtain license plates from theDepartment for the movement of such vehicles.

(Added to NRS by 1963, 839; A 1987, 1602)

NRS 487.095 Feesfor towing abandoned automobile. An automobilewrecker may only charge and collect those fees for towing an abandonedautomobile as are prescribed by regulations of the Department. An automobilewrecker shall not charge a fee to tow an abandoned vehicle if he does notobtain the consent of the owner of the property to tow the vehicle.

(Added to NRS by 1987, 1600)

NRS 487.100 Wreckerto transmit certificates of title, registration and ownership of certainvehicles to state agency.

1. Except as otherwise provided in subsection 2, anyautomobile wrecker purchasing from any person other than a licensed operator ofa salvage pool any vehicle subject to registration pursuant to the laws of thisState shall forward to the Department the certificates of title andregistration last issued therefor.

2. The certificate of ownership last issued for amobile home or commercial coach must be sent by the wrecker to the ManufacturedHousing Division of the Department of Business and Industry.

(Added to NRS by 1963, 839; A 1979, 1229; 1987, 1603;1995, 336; 1999, 1920;2003, 471, 1913)

NRS 487.160 Denial,suspension or revocation of licenses or refusal to renew: Grounds; hearings;reapplication; disclosure of financial records.

1. The Department, after notice and hearing, maysuspend, revoke or refuse to renew a license of an automobile wrecker upondetermining that the automobile wrecker:

(a) Is not lawfully entitled thereto;

(b) Has made, or knowingly or negligently permitted,any illegal use of that license;

(c) Has failed to return a salvage title to the stateagency when and as required of him by NRS487.710 to 487.890, inclusive; or

(d) Has failed to surrender to the state agencycertificates of title for vehicles before beginning to dismantle or wreck thevehicles.

2. The applicant or licensee may, within 30 days afterreceipt of the notice of refusal, suspension or revocation, petition theDepartment in writing for a hearing.

3. Hearings under this section and appeals therefrommust be conducted in the manner prescribed in NRS482.353 and 482.354.

4. The Department may suspend, revoke or refuse torenew a license of an automobile wrecker, or deny a license to an applicanttherefor, if the licensee or applicant:

(a) Does not have or maintain an established place ofbusiness in this State.

(b) Made a material misstatement in any application.

(c) Willfully fails to comply with any applicableprovision of this chapter.

(d) Fails to furnish and keep in force any bondrequired by NRS 487.050 to 487.200, inclusive.

(e) Fails to discharge any final judgment enteredagainst him when the judgment arises out of any misrepresentation of a vehicle,trailer or semitrailer.

(f) Fails to maintain any license or bond required by apolitical subdivision of this State.

(g) Has been convicted of a felony.

(h) Has been convicted of a misdemeanor or grossmisdemeanor for a violation of a provision of this chapter.

(i) Fails or refuses to provide to the Department anauthorization for the disclosure of financial records for the business asrequired pursuant to subsection 7.

5. If an application for a license as an automobilewrecker is denied, the applicant may not submit another application for at least6 months after the date of the denial.

6. The Department may refuse to review a subsequentapplication for licensing submitted by any person who violates any provision ofthis chapter.

7. Upon the receipt of any report or complaintalleging that an applicant or a licensee has engaged in financial misconduct orhas failed to satisfy any financial obligation related to the business ofdismantling, scrapping, processing or wrecking of vehicles, the Department mayrequire the applicant or licensee to submit to the Department an authorizationfor the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use anyinformation obtained pursuant to such an authorization only to determine thesuitability of the applicant or licensee for initial or continued licensure.Information obtained pursuant to such an authorization may be disclosed only tothose employees of the Department who are authorized to issue a license to anapplicant pursuant to NRS 487.050 to 487.200, inclusive, or to determine thesuitability of an applicant or a licensee for such licensure.

8. For the purposes of this section, failure to adhereto the directives of the state agency advising the licensee of hisnoncompliance with any provision of NRS487.050 to 487.200, inclusive, or NRS 487.710 to 487.890, inclusive, or regulations of thestate agency, within 10 days after the receipt of those directives, is primafacie evidence of willful failure to comply.

(Added to NRS by 1963, 840; A 1969, 1086; 1973, 343;1979, 1230; 1983, 1098; 1985, 1960; 1997, 145; 1999, 1921; 2003, 472, 1916)

NRS 487.170 Recordsrequired; inspection. Every licensedautomobile wrecker, rebuilder or scrap processor shall maintain a record of allvehicles dismantled or wrecked, which contains the name and address of theperson from whom the vehicle was purchased or acquired and the date thereof,the registration number last assigned to the vehicle and a brief description ofthe vehicle, including, insofar as the data may exist with respect to a givenvehicle, the make, type, serial number and motor number, or any other number ofthe vehicle. The record must be open to inspection during business hours by anypeace officer or investigator of the state agency.

(Added to NRS by 1963, 841; A 1973, 137; 1979, 1231)

NRS 487.180 Presumptionof dismantling. It shall be prima facieevidence that a vehicle in a dismantled condition has been dismantled by theperson having possession thereof.

(Added to NRS by 1963, 841)

NRS 487.190 Inapplicabilityof certain provisions to work or service vehicles owned by wrecker undercertain circumstances. The provisions of NRS 487.710 to 487.890, inclusive, do not apply to work orservice vehicles owned by an automobile wrecker if such a vehicle is being usedsolely at the place of business of the automobile wrecker that has beenreported to the Department pursuant to NRS487.073.

(Added to NRS by 1963, 841; A 1985, 1961; 2003, 1917)

NRS 487.200 Penalty. Any person who violates any of the provisions of NRS 487.050 to 487.200, inclusive, is guilty of a misdemeanor.

(Added to NRS by 1963, 841; A 1985, 1961; 1995, 1575;1997, 1516; 2003,1917)

ABANDONED VEHICLES

NRS 487.205 Legislativefindings and declaration.

1. The Legislature finds that:

(a) Abandoned vehicles constitute a safety hazard and apublic nuisance and are detrimental to the health, safety and welfare of thegeneral public.

(b) Such vehicles produce scenic blight which degradesthe environment and adversely affects the proper maintenance and continuingdevelopment of the State.

(c) Such vehicles represent a resource out of place,requiring state and local governmental attention in order to ensure theirexpeditious removal and recycling.

2. The Legislature declares that the policy of thisState is:

(a) To prohibit the abandonment of vehicles and toenforce such prohibition with adequate penalties.

(b) To encourage the development of procedures andoperational techniques which will facilitate the expeditious removal ofabandoned vehicles from public and private premises.

(c) To encourage state and local governmental units, incooperation with the private sector to recover the resource represented byabandoned vehicles to the fullest extent practicable.

(Added to NRS by 1973, 1063)

NRS 487.210 Definitions.As used in NRS487.220 to 487.300, inclusive,unless the context otherwise requires:

1. Abandoned vehicle means a vehicle:

(a) If the vehicle is discovered upon public lands,that the owner has discarded.

(b) If the vehicle is discovered upon public or privateproperty other than public lands:

(1) That the owner has discarded; or

(2) Which has not been reclaimed by theregistered owner or a person having a security interest in the vehicle within15 days after notification pursuant to NRS487.250.

2. Public lands has the meaning ascribed to it in NRS 321.5963.

(Added to NRS by 1967, 1601; A 1973, 1064; 1983,1099; 1985, 519, 1961; 1999,1674; 2005, 1220)

NRS 487.220 Personresponsible for cost of removal and disposition of abandoned vehicle;presumption vehicle abandoned by registered owner; rebuttal of presumption.

1. Every person who abandons a vehicle is responsiblefor the cost of removal and disposition of the vehicle.

2. An abandoned vehicle is presumed to have beenabandoned by the registered owner thereof. Except as otherwise provided in NRS 487.235, the registered owner may rebutthis presumption by showing that:

(a) He transferred his interest in the abandonedvehicle:

(1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or

(2) As indicated by a bill of sale for thevehicle that is signed by the registered owner; or

(b) The vehicle was stolen, if he submits evidencethat, before the discovery of the vehicle, he filed an affidavit with theDepartment or a written report with an appropriate law enforcement agencyalleging the theft of the vehicle.

(Added to NRS by 1967, 1600; A 1973, 1064; 2005, 1221)

NRS 487.230 Removalof vehicles abandoned on property other than public lands.

1. Except as otherwise provided in NRS 487.235, any sheriff or his designee,constable, member of the Nevada Highway Patrol, officer of the LegislativePolice, investigator of the Division of Compliance Enforcement of theDepartment, personnel of the Capitol Police Division of the Department ofPublic Safety, designated employees of the Manufactured Housing Division of theDepartment of Business and Industry, special investigator employed by theoffice of a district attorney, marshal or policeman of a city or town or hisdesignee, a marshal or park ranger who is part of a unit of specialized lawenforcement established pursuant to NRS280.125, or any other person charged with the enforcement of county or cityordinances who has reason to believe that a vehicle has been abandoned onpublic property in his jurisdiction may remove the vehicle from that property.At the request of the owner or person in possession or control of privateproperty who has reason to believe that a vehicle has been abandoned on hisproperty, the vehicle may be removed by the operator of a tow car or anautomobile wrecker from that private property.

2. A person who authorizes the removal of an abandonedvehicle pursuant to subsection 1 shall:

(a) Have the vehicle taken to the nearest garage orother place designated for storage by:

(1) The state agency or political subdivisionmaking the request if the vehicle is removed from public property.

(2) The owner or person in possession or controlof the property if the vehicle is removed from private property.

(b) Make all practical inquiries to ascertain if thevehicle is stolen by checking the license plate number, vehicle identificationnumber and other available information which will aid in identifying theregistered and legal owner of the vehicle and supply the information to theperson who is storing the vehicle.

(Added to NRS by 1967, 1600; A 1973, 1064; 1979,1231; 1983, 1242; 1985, 1961; 1987, 1462, 1604; 1993, 1645; 1995, 159, 1110;1997, 28; 1999, 3589;2001, 2553; 2005, 106, 1221, 1384)

NRS 487.235 Removalof vehicles abandoned on public lands.

1. If a sheriffs office or other law enforcementagency discovers that, or receives notification that, a vehicle has beenabandoned on public lands, the sheriffs office or other law enforcement agencyshall:

(a) Make all practical inquiries to ascertain if thevehicle is stolen by checking the license plate number, vehicle identificationnumber and other available information which will aid in identifying the ownerof the vehicle; and

(b) If the vehicle has not been reported as stolen andthe sheriffs office or other law enforcement agency is able to determine theidentity of the owner of the vehicle, notify the Department of those facts.

2. Upon the receipt of a notice from a sheriffs officeor other law enforcement agency pursuant to paragraph (b) of subsection 1 andif the registration of the vehicle has not expired, the Department shall sendby registered or certified mail, return receipt requested, a written notice tothe owner of the vehicle stating that the owner must remove or cause thevehicle to be removed from the public lands within 30 days after the date onwhich the notice was sent.

3. If an owner receives a notice pursuant tosubsection 2, the owner may submit to the Department an affidavit which statesthat the owner has taken action which meets the requirements of paragraph (a)or (b) of subsection 2 of NRS 487.220.If the owner submits such an affidavit, the Department:

(a) Shall maintain a record of the affidavit; and

(b) Shall not suspend the registration of each vehiclecurrently registered to that owner as otherwise required by subsection 4.

4. If an owner:

(a) Receives a notice pursuant to subsection 2;

(b) Fails to remove or cause the vehicle to be removedwithin the 30-day period set forth in that notice; and

(c) Does not submit an affidavit as described insubsection 3,

theDepartment shall suspend the registration of each vehicle currently registeredto the owner pursuant to chapter 482 of NRS.For the purposes of this subsection, the determination of the sheriffs officeor other law enforcement agency that notified the Department pursuant toparagraph (b) of subsection 1 is conclusive as to whether the abandoned vehiclewas removed within the 30-day period.

5. If the registration of a vehicle is suspendedpursuant to subsection 4, the Department shall reinstate the registration uponreceipt from the registered owner of the vehicle of:

(a) An affidavit setting forth that he caused theremoval and disposition of, or proof that he paid the cost of removal anddisposition of, the vehicle discovered abandoned upon public lands; and

(b) If applicable, proof that he redeemed any lienplaced pursuant to NRS 487.270 on thevehicle discovered abandoned on public lands.

6. If a sheriffs office or other law enforcementagency is notified by a person or another governmental entity that a vehiclehas been abandoned on public lands, the sheriffs office or other lawenforcement agency shall, insofar as practicable and authorized by law, informthe person or entity making such notification of the actions taken by thesheriffs office or other law enforcement agency pursuant to this section.

(Added to NRS by 2005, 1219)

NRS 487.240 Appraisalof removed abandoned vehicle. Upon receipt ofa written request, the state agency shall have the vehicle appraised within 10business days after receipt of the request.

(Added to NRS by 1967, 1600; A 1979, 493, 1232; 1983,1099; 1999, 160)

NRS 487.250 Requirednotices.

1. The state agency or political subdivision shall,within 48 hours after the appraisal, notify the head of the state agency of theremoval of the vehicle. The notice must contain:

(a) A description of the vehicle.

(b) The appraised value of the vehicle.

(c) A statement as to whether the vehicle will bejunked, dismantled or otherwise disposed of.

2. The person who removed the vehicle must notify theregistered owner and any person having a security interest in the vehicle byregistered or certified mail that the vehicle has been removed and will bejunked or dismantled or otherwise disposed of unless the registered owner orthe person having a security interest in the vehicle responds and pays thecosts of removal.

3. Failure to reclaim within 15 days afternotification a vehicle appraised at $500 or less constitutes a waiver ofinterest in the vehicle by any person having an interest in the vehicle.

4. If all recorded interests in a vehicle appraised at$500 or less are waived, either as provided in subsection 3 or by writtendisclaimer by any person having an interest in the vehicle, the state agencyshall issue a salvage title pursuant to NRS487.810 to the automobile wrecker who towed the vehicle or to whom thevehicle may have been delivered, or a certificate of title to the garage ownerif he elects to retain the vehicle and the vehicle is equipped as required by chapter 484 of NRS.

(Added to NRS by 1967, 1600; A 1969, 95, 769; 1973,339, 974; 1979, 493, 1232; 1987, 1604; 1999, 1922; 2003, 474, 1917)

NRS 487.260 Dispositionof vehicles appraised at value exceeding $500; disposition of junk vehicles;junk certificates.

1. If the vehicle is appraised at a value of more than$500 the state agency or political subdivision shall dispose of it as providedin NRS 487.270.

2. If the vehicle is appraised as a junk vehicle, theDepartment may issue a junk certificate to the automobile wrecker or towoperator who removed the vehicle.

3. An automobile wrecker who possesses a junkcertificate for a junk vehicle may dismantle, scrap, crush or otherwise destroythe vehicle.

4. A vehicle for which a junk certificate has beenissued may be sold to an automobile wrecker by the person to whom the junkcertificate was issued by the sellers endorsement on the certificate. Anautomobile wrecker who purchases a vehicle for which a junk certificate hasbeen issued shall, within 10 days after purchase, apply to the Department for anew junk certificate and surrender the original certificate.

5. A person who sells, dismantles, scraps, crushes orotherwise destroys a junk vehicle shall maintain, for at least 2 years, a copyof the junk certificate and a record of the name and address of the person fromwhom the vehicle was acquired and the date thereof. He shall allow any peaceofficer or any investigator employed by a state agency to inspect the recordsduring business hours.

6. As used in this section, junk vehicle means avehicle, including component parts, which:

(a) Has been discarded or abandoned;

(b) Has been ruined, wrecked, dismantled or renderedinoperative;

(c) Is unfit for further use in accordance with theoriginal purpose for which it was constructed;

(d) Is not registered with the Department or has notbeen reclaimed by the registered owner or a person having a security interestin the vehicle within 15 days after notification pursuant to NRS 487.250; and

(e) Has value principally as scrap which does notexceed $200.

(Added to NRS by 1967, 1601; A 1973, 974; 1979, 1232;1987, 1605; 1991, 1675; 1999, 1675)

NRS 487.270 Lienon abandoned vehicle.

1. Whenever a vehicle has been removed to a garage orother place as provided by NRS 487.230,the owner of the garage or the automobile wrecker who towed the vehicle has alien on the vehicle for the costs of towing and storing for a period notexceeding 90 days.

2. If the vehicle is appraised at a value of $500 orless and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage orautomobile wrecker may satisfy his lien by retaining the vehicle and obtaininga certificate pursuant to NRS 487.880,if applicable, or a salvage title as provided in NRS 487.810.

3. If the vehicle is appraised at a value of more than$500 and is not reclaimed within 45 days, the owner of the garage or automobilewrecker may satisfy his lien, in accordance with the provisions of NRS 108.265 to 108.360, inclusive. Before such a personmay sell the vehicle, he shall obtain a certificate pursuant to NRS 487.880, if applicable, or a salvagetitle as provided in NRS 487.810.

(Added to NRS by 1967, 1601; A 1969, 770; 1973, 974;1987, 1605; 1997, 1422; 1999, 1923; 2003, 474, 1918)

NRS 487.281 Unlawfulabandonment of vehicle.

1. A person shall not abandon a vehicle upon anypublic highway or road.

2. A person shall not abandon a vehicle upon public orprivate property without the express or implied consent of the owner or personin lawful possession or control of the property.

(Added to NRS by 1973, 1064; A 1985, 341)

NRS 487.290 Unlawfulpossession of unregistered vehicles unfit for use; exceptions.

1. Unless he first obtains a license pursuant to NRS 487.050 or 487.410, a person shall not for any reasonkeep more than two unregistered vehicles on real property owned by him or underhis possession or control if the vehicles are no longer intended for or incondition for lawful use on the highway.

2. The provisions of subsection 1 do not apply to:

(a) Premises used by a licensed dealer, manufacturer,distributor or rebuilder.

(b) Vehicles to be restored or used as a source ofparts in conjunction with the operation or maintenance of a fleet of vehiclesfor the carriage of persons or property.

(c) Premises used as a farm, ranch, mine or repair shopfor motor vehicles.

(d) Any person engaged in the restoration of one ormore vehicles entitled to registration as a Horseless Carriage or otherwisehaving classic or historic significance.

(Added to NRS by 1973, 1064; A 1983, 1007; 1985, 342;1987, 1605)

NRS 487.300 Penalty. Every person who violates any provision of NRS 487.281 or 487.290 is guilty of a misdemeanor.

(Added to NRS by 1973, 1064)

SALVAGE POOLS

NRS 487.400 Definitions. As used in NRS 487.400to 487.510, inclusive:

1. Identifying card means a card:

(a) Authorizing the holder to bid for the purchase ofvehicles from the operator of a salvage pool; and

(b) Containing the information required by NRS 487.070 or 487.475.

2. Salvage pool means a business which obtains motorvehicles from:

(a) Insurers and self-insurers for sale on consignmentor as an agent for the insurer or self-insurer if the vehicles are acquired bythe insurer or self-insurer as the result of a settlement for insurance; or

(b) Licensed vehicle dealers, rebuilders, lessors orwreckers for sale on consignment.

(Added to NRS by 1987, 1594; A 1989, 862; 1991, 527;1997, 2862)

NRS 487.410 Unlawfulto operate salvage pool without license; application for license. [Effectiveuntil the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

1. No person may operate a salvage pool without firstapplying for and obtaining a license for that business from the Department.

2. An application for a license must be made on a formprovided by the Department, include the social security number of the applicantand be accompanied by such proof as the Department requires that the applicantmeets the statutory requirements to be an operator of a salvage pool.

(Added to NRS by 1987, 1594; A 1997, 2080)

NRS 487.410 Unlawful to operate salvage poolwithout license; application for license. [Effective on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. No person may operate a salvage pool without firstapplying for and obtaining a license for that business from the Department.

2. An application for a license must be made on a formprovided by the Department and accompanied by such proof as the Departmentrequires that the applicant meets the statutory requirements to be an operatorof a salvage pool.

(Added to NRS by 1987, 1594; A 1997, 2080, effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 487.420 Bond:Requirement; amount; application for compensation; deposits in lieu of bond.

1. No applicant may be granted a license to operate asalvage pool until he has procured and filed with the Department a good andsufficient bond in the amount of $50,000, with a corporate surety thereonlicensed to do business in the State of Nevada, approved as to form by theAttorney General, and conditioned that the applicant conducts his business asan operator of a salvage pool without fraud or fraudulent representation, andwithout violation of the provisions of NRS487.400 to 487.510, inclusive. TheDepartment may, by agreement with any operator of a salvage pool who has beenlicensed by the Department for 5 years or more, allow a reduction in the amountof his bond, if his business has been conducted satisfactorily for thepreceding 5 years, but no bond may be in an amount less than $5,000.

2. The bond may be continuous in form and the totalaggregate liability on the bond must be limited to the payment of the totalamount of the bond.

3. The bond must provide that any person injured bythe action of the operator of the salvage pool in violation of any of theprovisions of NRS 487.400 to 487.510, inclusive, may apply to theDirector for compensation from the bond. The Director, for good cause shown andafter notice and opportunity for hearing, may determine the amount ofcompensation and the person to whom it is to be paid. The surety shall thenmake the payment.

4. In lieu of a bond an operator of a salvage pool maydeposit with the Department, under the terms prescribed by the Department:

(a) A like amount of money or bonds of the UnitedStates or of the State of Nevada of an actual market value of not less than theamount fixed by the Department; or

(b) A savings certificate of a bank, credit union orsavings and loan association situated in Nevada, which must indicate an accountof an amount equal to the amount of the bond which would otherwise be requiredby this section and that this amount is unavailable for withdrawal except uponorder of the Department. Interest earned on the certificate accrues to theaccount of the applicant.

5. A deposit made pursuant to subsection 4 may bedisbursed by the Director, for good cause shown and after notice andopportunity for hearing, in an amount determined by him to compensate a personinjured by an action of the licensee, or released upon receipt of:

(a) A court order requiring the Director to release allor a specified portion of the deposit; or

(b) A statement signed by the person under whose namethe deposit is made and acknowledged before any person authorized to takeacknowledgments in this State, requesting the Director to release the deposit,or a specified portion thereof, and stating the purpose for which the releaseis requested.

6. When a deposit is made pursuant to subsection 4,liability under the deposit is in the amount prescribed by the Department. Ifthe amount of the deposit is reduced or there is an outstanding judgment of acourt for which the licensee is liable under the deposit, the license isautomatically suspended. The license must be reinstated if the licensee:

(a) Files an additional bond pursuant to subsection 1;

(b) Restores the deposit with the Department to theoriginal amount required under this section; or

(c) Satisfies the outstanding judgment for which he isliable under the deposit.

7. A deposit made pursuant to subsection 4 may berefunded:

(a) By order of the Director, 3 years after the datethe licensee ceases to be licensed by the Department, if the Director issatisfied that there are no outstanding claims against the deposit; or

(b) By order of court, at any time within 3 years afterthe date the licensee ceases to be licensed by the Department, upon evidencesatisfactory to the court that there are no outstanding claims against thedeposit.

8. Any money received by the Department pursuant tosubsection 4 must be deposited with the State Treasurer for credit to the MotorVehicle Fund.

(Added to NRS by 1987, 1594; A 1993, 2345; 1999, 1504)

NRS 487.430 Licenseto operate salvage pool: Application; issuance; contents; posting; expiration;renewal. [Effective until the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. The Department may approve or reject theapplication for a license to operate a salvage pool. If the Department receivesthe statement required pursuant to NRS487.003 and approves the application, it shall issue to the applicant alicense containing the applicants name and address, the name under which thebusiness is to be conducted, the business address, and a distinguishing numberassigned to the applicant.

2. A licensee shall post the license in a conspicuousplace clearly visible to the general public at the business address set forthon the license.

3. A license expires on April 30 of each year.

4. A licensee may renew his license by submitting tothe Department:

(a) A completed application for renewal upon a formsupplied by the Department;

(b) The statement required pursuant to NRS 487.003; and

(c) The fee for renewal of a license provided in NRS 487.450.

(Added to NRS by 1987, 1595; A 1989, 2023; 1997, 147,1516, 2080)

NRS 487.430 License to operate salvage pool:Application; issuance; contents; posting; expiration; renewal. [Effective on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. The Department may approve or reject theapplication for a license to operate a salvage pool and, if approved, shallissue to the applicant a license containing the applicants name and address,the name under which the business is to be conducted, the business address, anda distinguishing number assigned to the applicant.

2. A licensee shall post the license in a conspicuousplace clearly visible to the general public at the business address set forthon the license.

3. A license expires on April 30 of each year.

4. A licensee may renew his license by submitting tothe Department:

(a) A completed application for renewal upon a formsupplied by the Department; and

(b) The fee for renewal of a license provided in NRS 487.450.

(Added to NRS by 1987, 1595; A 1989, 2023; 1997, 147,1516, 2080, effective on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 487.440 Applicantto furnish information concerning place of business. Beforeissuing a license to an operator of a salvage pool, the Department shallrequire that the applicant furnish proof that:

1. He will conduct his business from a permanent enclosedbuilding which he owns or has leased;

2. The business will be located on at least one-halfof an acre of ground; and

3. The site for the business will be surrounded by ascreened fence at least 6 feet high.

(Added to NRS by 1987, 1595)

NRS 487.450 Feefor issuance or renewal of license to operate salvage pool; disposition.

1. The Department shall charge and collect a fee of$300 for the issuance or renewal of a license to operate a salvage pool.

2. Fees collected by the Department pursuant to thissection must be deposited with the State Treasurer to the credit of the Accountfor Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garageswhich is hereby created in the State General Fund. Money in the Account may beused only for the administration of NRS487.002, 487.050 to 487.200, inclusive, and 487.400 to 487.690, inclusive.

(Added to NRS by 1987, 1596; A 1989, 2024, 2043;1991, 1778; 1997, 1372; 2003, 1918)

NRS 487.455 Operatorof salvage pool to affix legible sign containing name of business. At each of his established places of business, an operatorof a salvage pool shall permanently affix a sign containing the name of hisbusiness in lettering of sufficient size to be clearly legible from the centerof the nearest street or roadway, except that the lettering must be at least 8inches high and formed by lines that are at least 1-inch wide.

(Added to NRS by 1997, 1515)

NRS 487.460 Operationof vehicles on highway without registration; conditions. Any licensed operator of a salvage pool who owns orcontrols any vehicle of a type required to be registered pursuant to the lawsof this State may operate or move that vehicle upon the highways withoutsubjecting the vehicle to registration if the operation or movement is for thesole purpose of moving the vehicle from its location to the established placeof business of the licensee. The operator may obtain license plates from theDepartment for the movement of such vehicles.

(Added to NRS by 1987, 1596)

NRS 487.470 Restrictionson purchase and sale of salvage vehicles; automobile wreckers, dealers of newor used motor vehicles or rebuilders licensed outside State to register withoperator of each salvage pool with whom he submits bid.

1. Only a licensed automobile wrecker, dealer of newor used motor vehicles or rebuilder may bid to purchase a vehicle from anoperator of a salvage pool, and the operator may only sell a vehicle to such aperson. An operator shall not accept a bid from:

(a) An automobile wrecker until:

(1) He presents the card issued by theDepartment pursuant to NRS 487.070 orother identifying card; or

(2) If he is licensed or otherwise authorized tooperate as an automobile wrecker in another state or foreign country, hepresents evidence of that licensure or authorization and has registered withthe operator pursuant to subsection 2; or

(b) A dealer of new or used motor vehicles or arebuilder until:

(1) He presents the card issued by theDepartment pursuant to NRS 487.475 orother identifying card; or

(2) If he is licensed or otherwise authorized tooperate as a dealer of new or used motor vehicles or as a rebuilder in anotherstate or foreign country, he presents evidence of that licensure orauthorization and has registered with the operator pursuant to subsection 2.

2. Any automobile wrecker, dealer of new or used motorvehicles or rebuilder who is licensed or otherwise authorized to operate inanother state or foreign country shall register with each operator of a salvagepool with whom he bids to purchase vehicles, by filing with the operator copiesof his license or other form of authorization from the other state or country,and his drivers license, business license, certificate evidencing the filingof a bond, resale certificate and proof of social security or taxidentification number, if such documentation is required for licensure in the otherstate or country. Each operator of a salvage pool shall keep such copies at hisplace of business and in a manner so that they are easily accessible and opento inspection by employees of the Department of Motor Vehicles and to officersof law enforcement agencies in this State.

(Added to NRS by 1987, 1596; A 1989, 862; 1995, 1575;1997, 2862; 2001,2554)

NRS 487.475 Cardauthorizing dealer or rebuilder of motor vehicles to bid for purchase ofvehicle: Contents; quantity; issuance to salesman under certain circumstances;fee; expiration; disposition of fees.

1. A card authorizing a dealer of new or used motorvehicles or a rebuilder to bid to purchase a vehicle from an operator of asalvage pool must contain:

(a) The dealers or rebuilders name and signature;

(b) His business name;

(c) His business address;

(d) His business license number issued by the Department;and

(e) A picture of the dealer or rebuilder.

2. A dealer or rebuilder may obtain one or two cardsfor his business. If a dealer obtains two cards for his business, one of thecards may be issued to a salesman who is an employee of the dealer and who is:

(a) Licensed pursuant to NRS 482.362; and

(b) Acting as an agent for the dealer in the purchaseof a vehicle from an operator of a salvage pool.

3. The Department shall charge a fee of $50 for eachcard issued.

4. A card issued pursuant to this section expires onDecember 31 of the year in which it was issued. The dealer or rebuilder mustsubmit to the Department an application for renewal accompanied by a renewalfee of $25 for each card. The application must be made on a form provided bythe Department and contain such information as the Department requires.

5. Fees collected by the Department pursuant to thissection must be deposited with the State Treasurer to the credit of the Accountfor Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.

(Added to NRS by 1989, 861; A 1991, 1778; 1997, 1372;2005, 1222)

NRS 487.480 Sale of vehicle as salvage; operator of pool to provide salvagetitle to purchaser.

1. Before an operator of a salvage pool sells anyvehicle subject to registration pursuant to the laws of this State, he musthave in his possession the certificate of title for a vehicle obtained pursuantto subsection 2 of NRS 487.800 or thesalvage title for that vehicle. The Department shall not issue a certificate ofregistration or certificate of title for a vehicle with the same identificationnumber if the vehicle was manufactured in the 5 years preceding the date onwhich the salvage title was issued, unless the Department authorizes therestoration of the vehicle pursuant to subsection 2 of NRS 482.553.

2. Upon sale of the vehicle, the operator of thesalvage pool shall provide a salvage title to the licensed automobile wrecker,dealer of new or used motor vehicles or rebuilder who purchased the vehicle.

(Added to NRS by 1987, 1596; A 1989, 862; 1991, 1909;1997, 2863; 1999, 620,1923; 2003, 474, 1918)

NRS 487.490 Denial,suspension or revocation of license to operate salvage pool or refusal torenew: Grounds; hearings; reapplication; disclosure of financial records.

1. The Department may refuse to issue a license or,after notice and hearing, may suspend, revoke or refuse to renew a license ofan operator of a salvage pool upon determining that the operator:

(a) Is not lawfully entitled to the license;

(b) Has made, or knowingly or negligently permitted,any illegal use of that license;

(c) Made a material misstatement in any application;

(d) Willfully fails to comply with any provision of NRS 487.400 to 487.510, inclusive;

(e) Fails to discharge any final judgment enteredagainst him when the judgment arises out of any misrepresentation regarding avehicle;

(f ) Fails tomaintain any license or bond required by a political subdivision of this State;

(g) Has been convicted of a felony;

(h) Has been convicted of a misdemeanor or grossmisdemeanor for a violation of a provision of this chapter; or

(i) Fails or refuses to provide to the Department anauthorization for the disclosure of financial records for the business asrequired pursuant to subsection 6.

2. The applicant or licensee may, within 30 days afterreceipt of the notice of refusal to grant or renew or the suspension orrevocation of a license, petition the Department in writing for a hearing.

3. Hearings under this section and appeals therefrommust be conducted in the manner prescribed in NRS482.353 and 482.354.

4. If an application for a license as an operator of asalvage pool is denied, the applicant may not submit another application for atleast 6 months after the date of the denial.

5. The Department may refuse to review a subsequentapplication for licensing submitted by any person who violates any provision ofNRS 487.400 to 487.510, inclusive.

6. Upon the receipt of any report or complaint that anapplicant or a licensee has engaged in financial misconduct or has failed tosatisfy financial obligations related to the operation of a salvage pool, theDepartment may require the applicant or licensee to submit to the Department anauthorization for the disclosure of financial records for the business asprovided in NRS 239A.090. TheDepartment may use any information obtained pursuant to such an authorizationonly to determine the suitability of the applicant or licensee for initial orcontinued licensure. Information obtained pursuant to such an authorization maybe disclosed only to those employees of the Department who are authorized toissue a license to an applicant pursuant to NRS487.400 to 487.510, inclusive, or todetermine the suitability of an applicant or a licensee for such licensure.

7. For the purposes of this section, the failure toadhere to the directives of the Department advising the licensee of hisnoncompliance with any provision of NRS487.400 to 487.510, inclusive, orregulations of the Department, within 10 days after the receipt of thosedirectives, is prima facie evidence of willful failure to comply.

(Added to NRS by 1987, 1596; A 1997, 147)

NRS 487.492 Licenseto issue identifying cards: Issuance to person licensed to operate salvagepool; investigation of qualifications of applicant.

1. The Department may issue to a person licensed tooperate a salvage pool an additional license authorizing the holder to issueidentifying cards.

2. The Department shall investigate the qualificationsof an applicant for a license to issue identifying cards and shall prescribe aform for reporting the result.

(Added to NRS by 1997, 2861)

NRS 487.493 Licenseto issue identifying cards: Qualifications of applicant. In addition to the requirements set forth in NRS 487.420 to 487.450, inclusive, and subject to thegrounds for denial, suspension or revocation pursuant to NRS 487.490, an applicant for a license toissue identifying cards must:

1. Have been licensed to operate a salvage pool forthe 2-year period immediately preceding application for the additional license.

2. Not have issued a check to the Department forpayment which was returned for insufficient funds.

3. Include a secure building within his facility.

(Added to NRS by 1997, 2861)

NRS 487.494 Licenseto issue identifying cards: Bond; deposit in lieu of bond.

1. Except as otherwise provided in subsection 2, anapplicant for a license to issue identifying cards shall file with theDepartment a bond payable to the State of Nevada in the amount of $10,000. Thebond must be executed by the applicant as principal and by a corporationqualified under NRS 100.065 as surety.

2. An applicant may, instead of filing a bond, deposit$10,000 with the State Treasurer in any form authorized by NRS 100.065.

(Added to NRS by 1997, 2861)

NRS 487.495 Licenseto issue identifying cards: Application; fee; issuance; expiration; renewal.

1. An application for a license to issue identifyingcards must be filed upon a form supplied by the Department. If considerednecessary, the Department may require information in addition to that requiredby the form.

2. A fee of $25 must accompany the application.

3. Upon receipt of the application and fee, and whensatisfied that the applicant is entitled thereto, the Department shall issue tothe applicant a license to issue identifying cards containing the name of theapplicant and his established place of business.

4. Licenses issued pursuant to this section expire onDecember 31 of each year. Before December 31 of each year, a licensee mustfurnish the Department with an application for renewal of his licenseaccompanied by an annual fee of $25.

(Added to NRS by 1997, 2862)

NRS 487.496 Courseof training required for certain employees of person licensed to issueidentifying cards. An employee of a licenseewhose duties include acting upon, issuing or renewing an identifying card mustcomplete a course of training offered by the Department.

(Added to NRS by 1997, 2862)

NRS 487.497 Recordsof person licensed to issue identifying cards: Maintenance; contents;inspection; audit; location.

1. A personlicensed to issue identifying cards shall maintain a record of all feescollected and identifying cards issued.

2. The record must contain:

(a) The name and signature of the licensed automobilewrecker, vehicle dealer or rebuilder from whom fees were collected, the amountof fees collected and the number of identifying cards issued or renewed.

(b) The business name, address and license number underwhich the automobile wrecker, vehicle dealer or rebuilder is licensed by theDepartment.

(c) A photograph of the natural person to whom theidentifying card was issued.

3. The record must be open to inspection duringregular business hours by any peace officer or investigator of the Department.

4. Upon request of the Department, a person licensedto issue identifying cards shall allow the Department, or a person designatedby the Department, to conduct an audit of his records.

5. The records of the licensee must be maintained atthe licensed location.

(Added to NRS by 1997, 2862)

NRS 487.500 Recordsrequired; inspection. Every licensed operatorof a salvage pool shall maintain a record of all vehicles he sells. The recordmust contain the name and address of the person from whom the vehicle waspurchased or acquired and the date of the acquisition or purchase, the name andaddress of the automobile wrecker, dealer of new or used motor vehicles orrebuilder to whom the vehicle was sold and the date of the sale, theregistration number last assigned to the vehicle and a brief description of thevehicle, including, insofar as the information exists with respect to a givenvehicle, the make, type, serial number and motor number, or any other number ofthe vehicle. The record must be open to inspection during regular businesshours by any peace officer or investigator of the Department.

(Added to NRS by 1987, 1597; A 1989, 863)

NRS 487.510 Penalty. Any person who violates any of the provisions of NRS 487.400 to 487.500, inclusive, is guilty of amisdemeanor.

(Added to NRS by 1987, 1597; A 1997, 1516)

STANDARDS: REPAIRS; REBUILDING; SAFETY EQUIPMENT

NRS 487.520 Repairand rebuilding of vehicle to comply with industry standards; repair orreplacement of airbags and other safety equipment; retention of writtenrecords.

1. Except as otherwise provided in subsection 3, if asalvage vehicle is repaired or rebuilt by a garageman or operator of a bodyshop, the repairs or rebuilding must comply with the standards published andcommonly applied in the motor vehicle repair industry.

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

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

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

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

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

(Added to NRS by 2003, 1908)

GARAGES AND GARAGEMEN

NRS 487.530 Definitions. As used in NRS 487.530to 487.570, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 487.535 to 487.550, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1997, 1368; A 1999, 436, 1897; 2001, 139, 140; 2003, 1919)

NRS 487.535 Divisiondefined. Division means the Consumer AffairsDivision of the Department of Business and Industry.

(Added to NRS by 1997, 1368)

NRS 487.540 Garagedefined.

1. Garage means a business establishment, soleproprietorship, firm, corporation, association or other legal entity thatperforms any of the following services on motor vehicles:

(a) Repair of the:

(1) Engine;

(2) Brake system;

(3) Transmission system;

(4) Drivetrain system;

(5) Heating and air-conditioning system;

(6) Cooling system; or

(7) Muffler and exhaust system;

(b) Engine tune up;

(c) Diagnostic testing;

(d) Alignment; or

(e) Oil change and lubrication.

2. Garage does not include a business establishment,sole proprietorship, firm, corporation, association or other legal entity thatdoes not perform services on motor vehicles for members of the general public.

(Added to NRS by 1997, 1368)

NRS 487.545 Garagemandefined. Garageman means a person who:

1. Owns, operates, controls or manages a garage; or

2. Is authorized to repair motor vehicles at a garagethat is owned, operated, controlled or managed by another person.

(Added to NRS by 1997, 1368)

NRS 487.550 Motorvehicle defined. Motor vehicle means:

1. A passenger car as defined in NRS 482.087;

2. A mini motor home as defined in NRS 482.066;

3. A motor home as defined in NRS 482.071;

4. A recreational vehicle as defined in NRS 482.101; and

5. A motortruck as defined in NRS 482.073 if the gross weight of thevehicle is 10,000 pounds or less.

(Added to NRS by 1997, 1369)

NRS 487.555 Applicability. The provisions of NRS487.530 to 487.570, inclusive, donot apply to a service station that is exclusively engaged in the business ofselling motor vehicle fuel, lubricants or goods unrelated to the repair ofmotor vehicles.

(Added to NRS by 1997, 1369; A 2001, 967)

NRS 487.560 Registrationfor authorization to operate garage: Application; fee; waiver of fee; depositof collected fees; applicant to notify Department of material change ininformation.

1. On and after January 1, 1998, a garageman shallregister with the Department for authorization to operate a garage.

2. An application for registration must be on a formprovided by the Department. The application must include:

(a) The name of the applicant, including each nameunder which he intends to do business;

(b) The complete street address of each location fromwhich the applicant will be conducting business, including a designation of thelocation that will be his principal place of business;

(c) A copy of the business license for each garageoperated by the applicant if the county or city in which the applicant operatesa garage requires such a license;

(d) The type of repair work offered at each garageoperated by the applicant;

(e) The number of mechanics employed at each garageoperated by the applicant;

(f) The statement required by NRS 487.563; and

(g) Any other information required by the Department.

3. Except as otherwise provided in this subsection,for each garage operated by an applicant, the Department shall charge a fee of$25 for the issuance or renewal of registration. If an applicant operates morethan one garage, he may file one application if he clearly indicates on theapplication the location of each garage operated by the applicant and eachperson responsible for the management of each garage. The Department shallwaive the fee for the issuance or renewal of registration for a person that islicensed as:

(a) An authorized inspection station, authorizedmaintenance station or authorized station pursuant to chapter 445B of NRS;

(b) A manufacturer, distributor, dealer or rebuilderpursuant to chapter 482 of NRS; or

(c) An automobile wrecker, salvage pool or body shoppursuant to chapter 487 of NRS.

4. All fees collected pursuant to this section must bedeposited with the State Treasurer to the credit of the Account for Regulationof Salvage Pools, Automobile Wreckers, Body Shops and Garages.

5. An applicant for registration or renewal ofregistration shall notify the Department of any material change in the informationcontained in his application for registration or renewal within 10 days afterhis knowledge of the change.

(Added to NRS by 1997, 1369; A 1999, 436, 1898; 2001, 139, 968)

NRS 487.563 Registrationfor authorization to operate garage: Agreement to submit to bindingarbitration; filing of bond or deposit of money or securities in lieu ofagreement; procedure for conducting arbitration; penalty for failure to submitto arbitration as agreed.

1. Each person who submits an application forregistration pursuant to the provisions of NRS487.560 must include in the application a written statement to theDepartment that specifies whether he agrees to submit to binding arbitrationany claims against him arising out of a contract for repairs made by him to amotor vehicle. If the person fails to submit the statement to the Department orspecifies in the statement that he does not agree to arbitrate those claims,the person shall file with the Department a bond in the amount of $5,000, witha corporate surety for the bond that is licensed to do business in this State.The form of the bond must be approved by the Attorney General and beconditioned upon whether the applicant conducts his business as an owner oroperator of a garage without fraud or fraudulent representation and incompliance with the provisions of NRS487.035, 487.530 to 487.570, inclusive, and 597.480 to 597.590, inclusive.

2. The bond must be continuous in form and the totalaggregate liability on the bond must be limited to the payment of the totalamount of the bond.

3. In lieu of a bond required to be filed pursuant tothe provisions of subsection 1, a person may deposit with the Department,pursuant to the terms prescribed by the Department:

(a) A like amount of money or bonds of the UnitedStates or of the State of Nevada of an actual market value of not less than theamount fixed by the Department; or

(b) A savings certificate of a bank or savings and loanassociation located in this State, which must indicate an account of an amountequal to the amount of the bond that would otherwise be required pursuant tothis section and that the amount is unavailable for withdrawal except uponorder of the Department. Interest earned on the certificate accrues to theaccount of the applicant.

4. If a claim is arbitrated pursuant to the provisionsof this section, the proceedings for arbitration must be conducted inaccordance with the provisions of NRS 38.206to 38.248, inclusive.

5. If a person:

(a) Submits the statement to the Department specifyingthat he agrees to arbitrate a claim pursuant to the provisions of subsection 1;and

(b) Fails to submit to binding arbitration any claimspecified in that subsection,

the personasserting the claim may notify the Department of that fact. Upon receipt of thenotice, the Department shall, after notice and hearing, revoke or refuse torenew the certificate of registration of the person who failed to submit theclaim to arbitration.

6. If a person fails to comply with an order of acourt that relates to the repair of a motor vehicle, the Department shall,after notice and hearing, revoke or refuse to renew the certificate ofregistration of the person who failed to comply with the order.

7. The Department may reinstate or renew a certificateof registration that is:

(a) Revoked pursuant to the provisions of subsection 5if the person whose certificate of registration is revoked:

(1) Submits the claim to arbitration pursuant tothe provisions of subsection 4 and notifies the Department of that fact; or

(2) Files a bond or makes a deposit with theDepartment pursuant to the provisions of this section.

(b) Revoked pursuant to the provisions of subsection 6if the person whose certificate of registration is revoked complies with theorder of the court.

(Added to NRS by 1999, 1896; A 2001, 968, 1286; 2003, 35, 42)

NRS 487.564 Registrationfor authorization to operate garage: Refusal to issue, suspension or revocationof, or refusal to renew; grounds.

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

(a) A false statement of a material fact in acertification for a salvage vehicle required pursuant to NRS 487.800.

(b) A false statement or certification for aninspection pursuant to NRS 487.800 whichattests to the mechanical fitness or safety of a salvage vehicle.

2. As used in this section, salvage vehicle has themeaning ascribed to it in NRS 487.770.

(Added to NRS by 2003, 1911)

NRS 487.565 Certificateof registration to operate garage: Issuance; contents; validity; renewal.

1. If the Department receives an application forregistration that contains the information required by NRS 487.560, it shall issue to theapplicant a certificate of registration for each garage operated by theapplicant. The certificate must contain the name of the applicant, the nameunder which his business will be conducted, the address of his business and theregistration number for the garage.

2. A certificate of registration is valid for 1 yearafter the date of issuance. A garageman may renew his registration bysubmitting to the Department:

(a) An application for renewal on a form provided bythe Department; and

(b) Except as otherwise provided in NRS 487.560, the fee for renewal set forthin that section.

Theapplication must include the statement required by NRS 487.563.

(Added to NRS by 1997, 1370; A 1999, 1899; 2001, 969)

NRS 487.5653 Certificateof registration to operate garage: Temporary suspension of or refusal to renew;notice and hearing. If the Director finds thatthe action is necessary in the public interest, the Director may, upon noticeto the garageman, temporarily suspend or refuse to renew the certificate ofregistration to operate a garage for not more than 30 days. The Departmentshall conduct a hearing and issue a final decision on the matter within 30 daysafter it sends notice to the garageman of the temporary suspension.

(Added to NRS by 2003, 1911)

NRS 487.5657 Hearings:Issuance of subpoenas. In any hearingconducted by the Department concerning the registration of a garage, theDirector may issue subpoenas for the attendance of witnesses and the productionof evidence.

(Added to NRS by 2003, 1911)

NRS 487.567 Garagemanprohibited from enforcing lien or suing on contract for cost of repairs ifgarageman fails to obtain or renew certificate of registration to operategarage or fails to maintain required bond. Agarageman who knowingly fails to obtain a certificate of registration pursuantto the provisions of NRS 487.560 or torenew that registration pursuant to the provisions of NRS 487.565 or maintain in continuouseffect the bond required pursuant to the provisions of NRS 487.563 may not:

1. Enforce a lien for the cost of repairs made by himto a motor vehicle during the period in which he failed to obtain or renew thecertificate of registration or maintain the bond in continuous effect; or

2. Sue on any contract for those repairs made duringthat period.

(Added to NRS by 1999, 1896)

NRS 487.568 Penalty. A person who violates any provision of NRS 487.530 to 487.570, inclusive, is guilty of amisdemeanor.

(Added to NRS by 1999, 1897)

NRS 487.570 Garagemanto comply with certain provisions relating to trade practices. A garageman shall comply with the provisions of NRS 597.480 to 597.590, inclusive.

(Added to NRS by 1997, 1370; A 1999, 1899)

BODY SHOPS

NRS 487.600 Bodyshop defined. As used in NRS 487.610 to 487.690, inclusive, body shop means anyplace where the body of a motor vehicle is painted, fixed, repaired or replacedfor compensation.

(Added to NRS by 1987, 1597; A 1989, 2043; 1993,2347)

NRS 487.610 Unlawfulto operate body shop without license; investigation of applicant.

1. No person may operate a body shop without firstapplying for and obtaining a license to do so from the Department.

2. The Department shall investigate any applicant fora license to operate a body shop and report the results of its investigation ona form provided by the Department.

(Added to NRS by 1987, 1597)

NRS 487.615 Licensedoperator of body shop may operate or move unregistered vehicle on highwaysunder certain conditions.

1. Any licensed operator of a body shop who owns orcontrols any vehicle of a type required to be registered pursuant to the lawsof this State may operate or move that vehicle upon the highways withoutsubjecting the vehicle to registration if the operation or movement is for thesole purpose of moving the vehicle:

(a) From its location to the established place ofbusiness of the licensee; or

(b) From the place of business of the licensee to theestablished place of business of a person with whom the licensee has contractedfor the performance of specialized repairs.

2. The operator shall obtain license plates from theDepartment for the movement of such vehicles. The fees charged for such platesmust be the same as those fees listed in NRS482.490.

(Added to NRS by 1989, 2043)

NRS 487.620 Operatorof body shop to maintain established place of business and affix legible signcontaining name of business. An operator of abody shop shall:

1. Maintain an established place of business in thisState which includes a permanent enclosed building owned in fee or leased bythe operator with sufficient space to conduct safely the operations of the bodyshop.

2. At each of his established places of business,permanently affix a sign containing the name of his business in lettering ofsufficient size to be clearly legible from the center of the nearest street orroadway, except that the lettering must be at least 8 inches high and formed bylines that are at least 1-inch wide.

(Added to NRS by 1987, 1598; A 1997, 1517)

NRS 487.630 License:Application; fee; issuance; contents; posting; inclusion of license number incertain documents; expiration; renewal. [Effective until the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. An application for a license to operate a body shopmust be filed with the Department upon forms supplied by the Department. Theapplication must include the social security number of the applicant and beaccompanied by such proof as the Department requires to demonstrate that theapplicant meets the statutory requirements to operate a body shop.

2. The Department shall charge a fee of $300 for theissuance or renewal of a license to operate a body shop. Fees collected by theDepartment pursuant to this subsection must be deposited with the StateTreasurer to the credit of the Account for Regulation of Salvage Pools,Automobile Wreckers, Body Shops and Garages.

3. Upon receipt of the application and the statementrequired pursuant to NRS 487.003 andwhen satisfied that the applicant is entitled thereto, the Department shallissue to the applicant a license to operate a body shop. The license mustcontain the name and the address of the body shop and the name of the operator.

4. Upon receipt of the license, the operator shallpost the license in a conspicuous place clearly visible to the general public inthe body shop and include the license number on all estimates and invoices forrepairs.

5. A license expires on April 30 of each year.

6. A licensee may renew his license by submitting tothe Department:

(a) A completed application for renewal upon a formsupplied by the Department;

(b) The statement required pursuant to NRS 487.003; and

(c) The fee for renewal of a license provided insubsection 2.

(Added to NRS by 1987, 1598; A 1989, 1002, 2024;1991, 1779; 1997, 148, 1373, 1376, 1517, 2081)

NRS 487.630 License: Application; fee; issuance;contents; posting; inclusion of license number in certain documents;expiration; renewal. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. An application for a license to operate a body shopmust be filed with the Department upon forms supplied by the Department. Theapplication must be accompanied by such proof as the Department requires todemonstrate that the applicant meets the statutory requirements to operate abody shop.

2. The Department shall charge a fee of $300 for theissuance or renewal of a license to operate a body shop. Fees collected by theDepartment pursuant to this subsection must be deposited with the StateTreasurer to the credit of the Account for Regulation of Salvage Pools,Automobile Wreckers, Body Shops and Garages.

3. Upon receipt of the application and when satisfiedthat the applicant is entitled thereto, the Department shall issue to theapplicant a license to operate a body shop. The license must contain the nameand the address of the body shop and the name of the operator.

4. Upon receipt of the license, the operator shallpost the license in a conspicuous place clearly visible to the general publicin the body shop and include the license number on all estimates and invoicesfor repairs.

5. A license expires on April 30 of each year.

6. A licensee may renew his license by submitting tothe Department:

(a) A completed application for renewal upon a formsupplied by the Department; and

(b) The fee for renewal of a license provided insubsection 2.

(Added to NRS by 1987, 1598; A 1989, 1002, 2024;1991, 1779; 1997, 148, 1373, 1376, 1517, 2081; 1999, 457 effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 487.640 Bond:Requirement; amount; application for compensation; deposits in lieu of bond.

1. No license may be issued to an operator of a bodyshop until he procures and files with the Department a good and sufficient bondin the amount of $10,000, with a corporate surety thereon licensed to dobusiness in the State of Nevada, approved as to form by the Attorney General, andconditioned that the applicant shall conduct his business as an operator of abody shop without fraud or fraudulent representation, and in compliance withthe provisions of NRS 487.035, 487.600 to 487.690, inclusive, and 597.480 to 597.590, inclusive. The Department may, byagreement with any operator of a body shop who has been licensed by theDepartment for 5 years or more, allow a reduction in the amount of the bond ofthe operator, if the business of the operator has been conducted satisfactorilyfor the preceding 5 years, but no bond may be in an amount less than $1,000.

2. The bond may be continuous in form and the totalaggregate liability on the bond must be limited to the payment of the totalamount of the bond.

3. The bond must provide that any person injured bythe action of the operator of the body shop in violation of any of theprovisions of NRS 487.035, 487.600 to 487.690, inclusive, and 597.480 to 597.590, inclusive, may apply to theDirector for compensation from the bond. The Director, for good cause shown andafter notice and opportunity for hearing, may determine the amount ofcompensation and the person to whom it is to be paid. The surety shall thenmake the payment.

4. In lieu of a bond an operator of a body shop maydeposit with the Department, under the terms prescribed by the Department:

(a) A like amount of money or bonds of the UnitedStates or of the State of Nevada of an actual market value of not less than theamount fixed by the Department; or

(b) A savings certificate of a bank, credit union orsavings and loan association situated in Nevada, which must indicate an accountof an amount equal to the amount of the bond which would otherwise be requiredby this section and that this amount is unavailable for withdrawal except uponorder of the Department. Interest earned on the certificate accrues to theaccount of the applicant.

5. A deposit made pursuant to subsection 4 may bedisbursed by the Director, for good cause shown and after notice andopportunity for hearing, in an amount determined by him to compensate a personinjured by an action of the licensee, or released upon receipt of:

(a) An order of a court requiring the Director torelease all or a specified portion of the deposit; or

(b) A statement signed by the person under whose namethe deposit is made and acknowledged before any person authorized to takeacknowledgments in this State, requesting the Director to release the deposit,or a specified portion thereof, and stating the purpose for which the releaseis requested.

6. When a deposit is made pursuant to subsection 4,liability under the deposit is in the amount prescribed by the Department. Ifthe amount of the deposit is reduced or there is an outstanding judgment of acourt for which the licensee is liable under the deposit, the license isautomatically suspended. The license must be reinstated if the licensee:

(a) Files an additional bond pursuant to subsection 1;

(b) Restores the deposit with the Department to theoriginal amount required under this section; or

(c) Satisfies the outstanding judgment for which he isliable under the deposit.

7. A deposit made pursuant to subsection 4 may berefunded:

(a) By order of the Director, 3 years after the datethe licensee ceases to be licensed by the Department, if the Director issatisfied that there are no outstanding claims against the deposit; or

(b) By order of court, at any time within 3 years afterthe date the licensee ceases to be licensed by the Department, upon evidencesatisfactory to the court that there are no outstanding claims against thedeposit.

8. Any money received by the Department pursuant tosubsection 4 must be deposited with the State Treasurer for credit to the MotorVehicle Fund.

(Added to NRS by 1987, 1598; A 1989, 2043; 1993,2347; 1999, 1505)

NRS 487.650 Denial,suspension or revocation of license or refusal to renew: Grounds; disclosure offinancial records.

1. The Department may refuse to issue a license or,after notice and hearing, may suspend, revoke or refuse to renew a license tooperate a body shop upon any of the following grounds:

(a) Failure of the applicant or licensee to have ormaintain an established place of business in this State.

(b) Conviction of the applicant or licensee or anemployee of the applicant or licensee of a felony, or of a misdemeanor or grossmisdemeanor for a violation of a provision of this chapter.

(c) Any material misstatement in the application forthe license.

(d) Willful failure of the applicant or licensee tocomply with the motor vehicle laws of this State and NRS 487.035, 487.610 to 487.690, inclusive, or 597.480 to 597.590, inclusive.

(e) Failure or refusal by the licensee to pay orotherwise discharge any final judgment against him arising out of the operationof the body shop.

(f) Failure orrefusal to provide to the Department an authorization for the disclosure offinancial records for the business as required pursuant to subsection 2.

(g) A findingof guilt by a court of competent jurisdiction in a case involving a fraudulentinspection, purchase, sale or transfer of a salvage vehicle by the applicant orlicensee or an employee of the applicant or licensee.

(h) Animproper, careless or negligent inspection of a salvage vehicle pursuant to NRS 487.800 by the applicant or licensee oran employee of the applicant or licensee.

(i) A falsestatement of material fact in a certification of a salvage vehicle pursuant to NRS 487.800 or a record regarding a salvagevehicle by the applicant or licensee or an employee of the applicant orlicensee.

2. Upon thereceipt of any report or complaint alleging that an applicant or a licensee hasengaged in financial misconduct or has failed to satisfy financial obligationsrelated to the operation of a body shop, the Department may require the applicantor licensee to submit to the Department an authorization for the disclosure offinancial records for the business as provided in NRS 239A.090. The Department may use anyinformation obtained pursuant to such an authorization only to determine thesuitability of the applicant or licensee for initial or continued licensure. Informationobtained pursuant to such an authorization may be disclosed only to thoseemployees of the Department who are authorized to issue a license to anapplicant pursuant to NRS 487.610 to 487.690, inclusive, or to determine thesuitability of an applicant or a licensee for such licensure.

3. As used in this section, salvage vehicle has themeaning ascribed to it in NRS 487.770.

(Added to NRS by 1987, 1599; A 1989, 2045; 1997, 148;2003, 1919)

NRS 487.660 Temporarysuspension of license or refusal to renew. Ifthe Director finds that the action is necessary in the public interest, uponnotice to the licensee, he may temporarily suspend or refuse to renew thelicense to operate a body shop for not more than 30 days. The Department shallconduct a hearing and issue a final decision on the matter within 30 days afterit sends notice to the licensee of the temporary suspension.

(Added to NRS by 1987, 1599)

NRS 487.670 Subpoenas. In any hearing conducted by the Department concerning thelicensing of body shops, the Director may issue subpoenas for the attendance ofwitnesses and the production of evidence.

(Added to NRS by 1987, 1600)

NRS 487.680 Licenseeto inform Department of changes concerning operation of body shop; books andrecords.

1. Any person licensed to operate a body shop shallinform the Department of the location of each place at which he conducts hisbusiness and the name under which he does business at each location.

2. If a licensee does business at more than onelocation, he shall designate one location as his principal place of business.

3. If a licensee changes the name or location of anyof his established places of business, he shall notify the Department of thechange within 10 days after the change.

4. Every licensee shall keep his books and records athis principal place of business and shall permit any authorized agent of theDirector to inspect them during usual business hours. The records must includethe year, make, model and identification number of each motor vehicle which thebody shop repairs, and the source of the parts purchased or otherwise acquiredfor the repair of each vehicle.

(Added to NRS by 1987, 1600)

NRS 487.690 Penalty. Any person who violates any of the provisions of NRS 487.610 to 487.680, inclusive, is guilty of amisdemeanor.

(Added to NRS by 1989, 2043)

REPAIRS; REBUILT VEHICLES; SALVAGE VEHICLES; TOTAL LOSSVEHICLES; NONREPAIRABLE VEHICLES

NRS 487.710 Definitions. As used in NRS 487.710to 487.890, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 487.720 to 487.790, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2003, 1908; A 2005, 1244)

NRS 487.720 Costof repair defined. Cost of repair means thecost to repair a vehicle, which is established pursuant to NRS 487.890.

(Added to NRS by 2003, 1909)

NRS 487.730 Fairmarket value defined. Fair market valuemeans the retail value of a motor vehicle that is established by:

1. An objective motor vehicle appraisal based uponlocal market resources, including, without limitation, automobile dealers andclassified advertisements of newspapers;

2. An independent appraisal service;

3. A current issue of a nationally recognized guideused by financial institutions in this State for the valuation of used motorvehicles; or

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

(Added to NRS by 2003, 1909)

NRS 487.740 Flood-damagedvehicle defined. Flood-damaged vehiclemeans a motor vehicle which:

1. Has been submerged in water to a point that thelevel of the water is higher than the door sill of the vehicle and the waterhas entered the passenger, trunk or engine compartment of the vehicle and hascome into contact with the electrical system of the vehicle; or

2. Has been acquired by an insurance company orretained by its owner or any other person as part of a total loss settlementresulting from water damage.

(Added to NRS by 2003, 1909)

NRS 487.750 Motorvehicle defined. Motor vehicle has themeaning ascribed to it in NRS 482.075.

(Added to NRS by 2003, 1909)

NRS 487.760 Nonrepairablevehicle defined. Nonrepairable vehiclemeans a motor vehicle other than an abandoned vehicle, as defined in NRS 487.210, that:

1. Has value only as a source of parts or scrap metal;

2. Has been designated by its owner for dismantling asa source of parts or scrap metal;

3. Has been stripped of all body panels, doors,hatches, substantially all interior components and substantially all grill andlight assemblies; or

4. Has been burned, destroyed or otherwise damaged tosuch an extent that it cannot be returned to a condition which is legal foroperation on the highways of this State.

(Added to NRS by 2003, 1909)

NRS 487.765 Rebuiltvehicle defined. Rebuilt vehicle has themeaning ascribed to it in paragraph (b) of subsection 1 of NRS 482.098.

(Added to NRS by 2005, 1244)

NRS 487.770 Salvagevehicle defined. Salvage vehicle means amotor vehicle that at any time has been declared a total loss vehicle,flood-damaged vehicle, nonrepairable vehicle or had salvage or a similar wordor designation placed on any title issued for the vehicle.

(Added to NRS by 2003, 1909)

NRS 487.780 Titledefined. Title means a certificate of titleor any other document issued by any state or country indicating the ownershipof a motor vehicle.

(Added to NRS by 2003, 1909)

NRS 487.790 Totalloss vehicle defined.

1. Total loss vehicle means a motor vehicle:

(a) Of a type which is subject to registration; and

(b) Which has been wrecked, destroyed or otherwisedamaged to such an extent that the cost of repair, not including any cost associatedwith painting any portion of the vehicle, is 65 percent or more of the fairmarket value of the vehicle immediately before it was wrecked, destroyed orotherwise damaged.

2. The term does not include:

(a) A nonrepairable vehicle;

(b) A motor vehicle which is 10 model years old orolder and which, to restore the vehicle to its condition before it was wrecked,destroyed or otherwise damaged and regardless of cost, requires the replacementof only:

(1) The hood;

(2) The trunk lid;

(3) Two or fewer of the following parts orassemblies, which may be bolted or unbolted:

(I) Doors;

(II) A grill assembly;

(III) A bumper assembly;

(IV) A headlight assembly; or

(V) A taillight assembly; or

(4) Any combination of subparagraph (1), (2) or(3); or

(c) A motor vehicle, regardless of the age of thevehicle, for which the cost to repair the vehicle, not including any costassociated with painting any portion of the vehicle, is less than 65 percent ofthe fair market value of the vehicle immediately before the vehicle waswrecked, destroyed or otherwise damaged.

3. For the purposes of this section, the model year ofmanufacture is calculated based on a year beginning on January 1 of thecalendar year in which the damage occurs.

(Added to NRS by 1995, 1573; A 2003, 1911; 2005, 1245)

NRS 487.795 Rebuiltvehicles: Prerequisites to registration; certificate of inspection.

1. A rebuilt vehicle may not be registered until it:

(a) Has been inspected by a garageman who operates agarage that is registered pursuant to NRS487.560, by the owner of a body shop licensed pursuant to NRS 487.630 or by an employee of such agarage or body shop; and

(b) Is certified pursuant to subsection 2 that thecomponents which have been replaced have been installed properly and arefunctional and operate safely in accordance with the standards of themanufacturer.

2. If a garageman or owner of a body shop, or anemployee thereof, who performs an inspection pursuant to subsection 1 findsthat the components replaced on a rebuilt vehicle have been installed properlyand are functional and operate safely in accordance with the standards of themanufacturer, the garageman, owner or employee shall complete and sign acertificate of inspection, on a form prescribed by the state agency, attestingto the fact that the replaced components have been installed properly and arefunctional and operate safely in accordance with the standards of themanufacturer.

(Added to NRS by 2005, 1244)

NRS 487.800 Salvagevehicles: Duties of insurance company and relinquishing owner; application forsalvage title; sale of vehicle; rebuilt and restored vehicles; retention;exclusion of nonrepairable vehicles.

1. Except withrespect to a nonrepairable vehicle, when an insurance company acquires a motorvehicle as a result of a settlement in which the motor vehicle is determined tobe a salvage vehicle, the owner of the motor vehicle who is relinquishingownership of the motor vehicle shall endorse the title of the motor vehicle andforward the endorsed title to the insurance company. The insurance company orits authorized agent shall forward the endorsed title, together with anapplication for salvage title to the state agency within 30 days after receiptof the endorsed title.

2. Except asotherwise provided in subsection 1, before any ownership interest in a salvagevehicle, except a nonrepairable vehicle, may be transferred, the owner or otherperson to whom the motor vehicle is titled:

(a) If theperson has possession of the title to the vehicle, shall forward the endorsedtitle, together with an application for salvage title to the state agencywithin 30 days after the vehicle becomes a salvage vehicle.

(b) If theperson does not have possession of the title to the vehicle and the title isheld by a lienholder, shall notify the lienholder within 10 days after thevehicle becomes a salvage vehicle that the vehicle has become a salvagevehicle. The lienholder shall, within 30 days after receiving such notice,forward the title, together with an application for salvage title, to the stateagency.

3. An insurance company or its authorized agent maysell a vehicle for which a total loss settlement has been made with theproperly endorsed title if the total loss settlement resulted from the theft ofthe vehicle and the vehicle, when recovered, was not a salvage vehicle.

4. An owner who has determined that a vehicle is atotal loss salvage vehicle may sell the vehicle with the properly endorsedtitle obtained pursuant to this section, without making any repairs to thevehicle, to a salvage pool, automobile auction, rebuilder, automobile wreckeror a new or used motor vehicle dealer.

5. Except withrespect to a nonrepairable vehicle, if a salvage vehicle is rebuilt andrestored to operation, the vehicle may not be licensed for operation, displayedor offered for sale, or the ownership thereof transferred, until there issubmitted to the state agency with the prescribed salvage title, an appropriateapplication, other documents, including, without limitation, an affidavit fromthe state agency attesting to the inspection and verification of the vehicleidentification number and the identification numbers, if any, for parts used torepair the motor vehicle and fees required, together with a certificate ofinspection completed pursuant to NRS 487.860.

6. Except withrespect to a nonrepairable vehicle, if a total loss insurance settlementbetween an insurance company and any person results in the retention of thesalvage vehicle by that person, before the execution of the total losssettlement, the insurance company or its authorized agent shall:

(a) Obtain,upon an application for salvage title, the signature of the person who isretaining the salvage vehicle;

(b) Append tothe application for salvage title the title to the motor vehicle or anaffidavit stating that the original title has been lost; and

(c) Apply tothe state agency for a salvage title on behalf of the person who is retainingthe salvage vehicle.

7. If thestate agency determines that a salvage vehicle retained pursuant to subsection5 is titled in another state or territory of the United States, the stateagency shall notify the appropriate authority of that state or territory thatthe owner has retained the salvage vehicle.

8. A person who retains a salvage vehicle pursuant tosubsection 6 may not transfer any ownership interest in the vehicle unless hehas received a salvage title.

(Added to NRS by 1963, 839; A 1979, 1230; 1987, 1603;1991, 526; 1995, 1574; 2003,471, 1914)(Substitutedin revision for NRS 487.110)

NRS 487.810 Salvagetitle: Issuance by state agency; contents; persons and entities to whom issued;documents required to be submitted with application; fee; title as prerequisiteto transfer of ownership interest; certain authorities not conveyed by title;not to be issued for nonrepairable vehicle.

1. The state agency may issue a salvage title for avehicle, which contains a brief description of the vehicle, including, insofaras data may exist with respect to the vehicle, the make, type, serial numberand motor number, or any other number of the vehicle, upon application, to:

(a) The owner of the vehicle;

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

(c) An insurance company that acquires the vehicle as asalvage vehicle pursuant to subsection 1 of NRS487.800; or

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

2. A properly endorsed title, together with adisclosure of mileage, as required pursuant to the provisions of 49 U.S.C. 32701 et seq. and 49 C.F.R. 580.5, must be submitted with the application forsalvage title.

3. Within 2 days after receiving all necessarydocuments, the state agency shall issue a salvage title for the vehicle.

4. Except as otherwise provided in this subsection,the state agency shall charge and collect a fee of $10 for the issuance of asalvage title pursuant to this section. The state agency shall not charge a feefor the issuance of a salvage title to an automobile wrecker licensed in thisState. Fees collected by the state agency pursuant to this subsection must bedeposited with the State Treasurer for credit to the Account for Regulation ofSalvage Pools, Automobile Wreckers, Body Shops and Garages created by NRS 487.450.

5. Ownership interest in a salvage vehicle may not betransferred unless a salvage title has been issued by the state agency for thevehicle.

6. Possession of a salvage title does not entitle aperson to dismantle, scrap, process or wreck any vehicle in this State unlessthe person holds a license issued pursuant to NRS487.050.

7. The Department shall not issue a salvage title fora nonrepairable vehicle.

(Added to NRS by 2003, 1911)

NRS 487.820 Salvagetitle: Procedure for acceptance of application if applicant unable to furnishcertificates of title and registration; prohibition on issuance of duplicatecertificates of title or registration.

1. If the applicant for a salvage title is unable tofurnish the certificates of title and registration last issued for the vehicle,the state agency may accept the application, examine the circumstances of thecase and require the filing of suitable affidavits or other information ordocuments. If satisfied that the applicant is entitled to a salvage title, thestate agency may issue the salvage title.

2. No duplicate certificate of title or registrationmay be issued when a salvage title is applied for, and no fees are required forthe affidavits of any stolen, lost or damaged certificate, or duplicatesthereof, unless the vehicle is subsequently registered.

(Added to NRS by 1963, 839; A 1979, 1230; 1987, 1603;1999, 1921; 2003, 472, 1915)(Substitutedin revision for NRS 487.120)

NRS 487.830 Transferof interest in motor vehicle: Transferor to disclose information relating tostatus of vehicle as salvage vehicle; additional duties of transferor; criminalpenalty.

1. Any person who transfers an interest in a motorvehicle in this State shall, before the transfer, disclose in writing to thetransferee any information that the transferor knows or reasonably should knowconcerning whether the vehicle is a salvage vehicle.

2. If the transferor is subject to any of theprovisions of NRS 482.423 to 482.4245, inclusive, the transferor shall:

(a) Make the disclosure required by subsection 1 beforeexecuting a contract of sale or a long-term lease;

(b) Provide a copy of the disclosure to the transferee;and

(c) Retain the written disclosure in his records forthe period specified in NRS 482.3263.

3. A person who violates subsection 1 is guilty ofobtaining property by false pretenses as provided in NRS 205.380.

(Added to NRS by 2003, 1909)

NRS 487.840 Title:Removal or concealment of indicia of salvage vehicle or rebuilt vehicleprohibited; criminal penalties if violation committed with intent to defraud;restitution.

1. A person shall not remove, cause to be removed orconceal a marking on:

(a) A salvage title or other title which indicates thatthe vehicle is a salvage vehicle; or

(b) A certificate of title or other title for a rebuiltvehicle which indicates that the vehicle is a rebuilt vehicle.

2. A person who knowingly violates subsection 1 withthe intent to defraud:

(a) If the fair market value of the vehicle involved is$250 or more, is guilty of a category D felony and shall be punished asprovided in NRS 193.130.

(b) If the fair market value of the vehicle involved isless than $250, is guilty of a misdemeanor.

In additionto any other penalty, the court shall order the person to pay restitution tothe victim.

(Added to NRS by 2003, 1910; A 2005, 1245)

NRS 487.850 Actionfor damages; attorneys fees; remedy is in addition to other legal or equitableremedies.

1. A person who, with the intent to defraud, violatesany provision of NRS 487.830 or 487.840 is liable to any purchaser orlessee of a motor vehicle who is harmed by that violation for:

(a) Three times the amount of actual damages sustainedby the purchaser or lessee;

(b) Five thousand dollars; or

(c) Actual damages sustained by the purchaser or lesseeand such punitive damages as may be allowed by the court,

whichever isgreater.

2. If an action brought pursuant to subsection 1 issuccessful, the purchaser or lessee who brought the action is entitled to thecosts of bringing the action and reasonable attorneys fees, as determined bythe court.

3. The remedy provided in this section is in additionto and is not a substitute for any other legal or equitable remedy available toa purchaser or lessee of a motor vehicle who is harmed by a violation of NRS 487.830 or 487.840.

(Added to NRS by 2003, 1910)

NRS 487.860 Inspectionrequired before registration of vehicle for which salvage title was issued;exclusion of nonrepairable vehicles; certificate of inspection.

1. Except with respect to a nonrepairable vehicle, avehicle for which a salvage title has been issued may not subsequently beregistered until it has been inspected by a garageman who operates a garagethat is registered pursuant to NRS 487.560or by the owner of a body shop licensed pursuant to NRS 487.630 or by an employee of such agarage or body shop and is certified to be in a safe mechanical condition andequipped with all safety equipment required by the manufacturer.

2. If a garageman or owner of a body shop, or anemployee thereof, who performs an inspection pursuant to subsection 1 finds thevehicle to be in a safe mechanical condition and equipped with all safetyequipment required by the manufacturer, the garageman, owner or employee shallcomplete and sign a certificate of inspection, on a form prescribed by thestate agency, attesting to the mechanical fitness and safety of the vehicle andto any mechanical or other work that was performed on the vehicle at the garageor body shop. The certificate of inspection must indicate that the motorvehicle has been repaired to the standards of the manufacturer and any safetyequipment, including, without limitation, any occupant restraint devices, thatwere present in the vehicle at the time the vehicle was manufactured arepresent and operational to the specifications of the manufacturer.

(Added to NRS by 1963, 840; A 1999, 1921; 2003, 1915)(Substitutedin revision for NRS 487.150)

NRS 487.870 Removalof total loss salvage vehicle from State; penalty.

1. A person shall not remove a total loss salvagevehicle from this State to sell that vehicle unless the title has beenforwarded to the state agency pursuant to subsection 1 of NRS 487.800.

2. A person who violates the provisions of thissection:

(a) If the value of the vehicle removed from this Stateis less than $250, is guilty of a misdemeanor.

(b) If the value of the vehicle removed from this Stateis $250 or more, is guilty of a gross misdemeanor.

(Added to NRS by 1995, 1573; A 2003, 473, 1917)(Substitutedin revision for NRS 487.185)

NRS 487.880 Nonrepairablevehicles: Requirements; prohibited acts. Anonrepairable vehicle:

1. Must be processed as parts or scrap metal by alicensed automobile wrecker, dismantler or recycler.

2. May not be rebuilt, reconstructed or restored foroperation on the highways of this State.

3. Must be issued a certificate by the state agencywhich indicates that it is a nonrepairable vehicle before any ownershipinterest in the vehicle may be transferred.

(Added to NRS by 2003, 1910)

NRS 487.890 Estimateof cost of repair of motor vehicle pursuant to NRS 487.800:Calculation; exclusion of painting costs. Anestimate of the cost of repair for a motor vehicle pursuant to NRS 487.800:

1. Must be calculated using the cost of the parts andlabor required to restore the vehicle to the condition it was in immediatelybefore it was wrecked, destroyed or otherwise damaged. The cost of parts andlabor must be based on:

(a) The current published actual retail price oforiginal manufacturer equipment, retail price of new alternative equipment orthe actual cost of used parts.

(b) Rates for labor which are commonly charged in thecommunity in which the repairs will be performed.

2. May not include any cost associated with paintingany portion of the vehicle.

(Added to NRS by 2003, 1910)

PENALTIES

NRS 487.990 Administrativefines; opportunity for hearing; deposit of fines collected; delegation ofauthority to impose and collect fines; injunctions and other remedies;enforcement proceedings.

1. The Department may impose an administrative fine,not to exceed $2,500, for a violation of any provision of this chapter, or anyrule, regulation or order adopted or issued pursuant thereto. The Departmentshall afford to any person so fined an opportunity for a hearing pursuant tothe provisions of NRS 233B.121.

2. Except as otherwise provided in subsection 3, alladministrative fines collected by the Department pursuant to subsection 1 mustbe deposited with the State Treasurer for credit to the State General Fund.

3. The Department may delegate to a hearing officer orpanel its authority to impose and collect administrative fines pursuant tosubsection 1 and deposit the money collected with the State Treasurer forcredit to the Account for Regulation of Salvage Pools, Automobile Wreckers,Body Shops and Garages.

4. In addition to any other remedy provided by thischapter, the Department may compel compliance with any provision of thischapter and any rule, regulation or order adopted or issued pursuant thereto,by injunction or other appropriate remedy and the Department may institute andmaintain in the name of the State of Nevada any such enforcement proceedings.

(Added to NRS by 1991, 756; A 1997,1373)(Substituted in revision for NRS 487.700)

 

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