2005 Nevada Revised Statutes - Chapter 490 — Off-Highway Vehicles

CHAPTER 490 - OFF-HIGHWAY VEHICLES

GENERAL PROVISIONS

NRS 490.010 Definitions.

NRS 490.020 Authorizeddealer defined.

NRS 490.030 Departmentdefined.

NRS 490.040 Highwaydefined.

NRS 490.050 Motorvehicle defined.

NRS 490.060 Off-highwayvehicle defined.

CERTIFICATES OF OPERATION

NRS 490.070 Authorityof dealer to issue; form; duties of authorized dealer; authorized dealer not toreceive compensation or charge or collect fee for services; regulations.

NRS 490.080 Prerequisiteto operation of vehicle on highway; attachment to vehicle; replacement;transferability; exceptions.

RULES OF OPERATION

NRS 490.090 Operationon undesignated paved highways generally prohibited; exceptions; operation onpublic land, trails, ways or unpaved county roads authorized unless prohibitedby governmental entity having jurisdiction; authority of governmental entitieshaving jurisdiction to distribute information concerning prohibited areas andto erect signs designating prohibited areas.

NRS 490.100 Authorityof city or county to designate portion of highway for vehicle use; approval ofDepartment of Transportation regarding state highways; interstate highwaysexcluded; supervision of certain minors; limitation on purpose of use.

NRS 490.110 Authorizedand unauthorized operation on highway.

NRS 490.120 Requiredequipment for operation on highway.

NRS 490.130 Dutiesof operator when operating vehicle on highway.

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GENERAL PROVISIONS

NRS 490.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS490.020 to 490.060, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 2005, 2025)

NRS 490.020 Authorizeddealer defined. Authorized dealer means adealer authorized by the Department to issue certificates of operation foroff-highway vehicles pursuant to NRS 490.070.

(Added to NRS by 2005, 2025)

NRS 490.030 Departmentdefined. Department means the Department ofTaxation.

(Supplied in revision)

NRS 490.040 Highwaydefined. Highway has the meaning ascribed toit in NRS 482.045.

(Added to NRS by 2005, 2025)

NRS 490.050 Motorvehicle defined. Motor vehicle has themeaning ascribed to it in NRS 482.075.

(Added to NRS by 2005, 2025)

NRS 490.060 Off-highwayvehicle defined.

1. Off-highway vehicle means a motor vehicle that isdesigned primarily for off-highway and all-terrain use. The term includes, butis not limited to:

(a) An all-terrain vehicle;

(b) An all-terrain motorcycle;

(c) A dune buggy;

(d) A snowmobile; and

(e) Any motor vehicle used on public lands for thepurpose of recreation.

2. The term does not include:

(a) A motor vehicle designed primarily for use inwater;

(b) A motor vehicle that is registered by theDepartment of Motor Vehicles; or

(c) A low-speed vehicle as defined in NRS 484.527.

(Added to NRS by 2005, 2025)

CERTIFICATES OF OPERATION

NRS 490.070 Authorityof dealer to issue; form; duties of authorized dealer; authorized dealer not toreceive compensation or charge or collect fee for services; regulations.

1. Upon the request of a dealer of off-highwayvehicles, the Department may authorize the dealer to issue certificates ofoperation for off-highway vehicles pursuant to subsection 3.

2. Each certificate of operation for an off-highwayvehicle issued by an authorized dealer must be in the form of a stickerapproved by the Department.

3. An authorized dealer shall:

(a) Upon the sale of an off-highway vehicle, issue tothe purchaser of the off-highway vehicle a certificate of operation for theoff-highway vehicle;

(b) Upon request, issue a certificate of operation to aperson who purchased the off-highway vehicle before January 1, 2006;

(c) Issue a certificate of operation to the owner of anoff-highway vehicle that was purchased outside this State on or after January1, 2006, if the owner:

(1) Requests the certificate of operation; and

(2) Pays or submits evidence satisfactory to theauthorized dealer that he has paid all taxes applicable in this State to thepurchase of the off-highway vehicle or submits an affidavit indicating that hepurchased the vehicle through a private party sale and no tax is due relatingto the purchase of the off-highway vehicle;

(d) Comply with the regulations adopted pursuant tosubsection 6; and

(e) Bear any cost of equipment which is required toissue certificates of operation, including any computer software or hardware.

4. An authorized dealer is not entitled to receivecompensation from the Department for the performance of those services.

5. An authorized dealer shall not charge or collect afee for issuing a certificate of operation.

6. The Department shall adopt regulations to carry outthe provisions of this section. The regulations must include, withoutlimitation, provisions for:

(a) The expedient and secure issuance of certificatesof operation by the Department to authorized dealers; and

(b) The revocation of the authorization granted to adealer pursuant to subsection 1 if the authorized dealer fails to comply withthe regulations.

(Added to NRS by 2005, 2026)

NRS 490.080 Prerequisiteto operation of vehicle on highway; attachment to vehicle; replacement;transferability; exceptions.

1. Except as otherwise provided in subsection 4, aperson shall not operate an off-highway vehicle on a highway pursuant to NRS 490.090 to 490.130, inclusive, unless he has:

(a) Obtained a certificate of operation for theoff-highway vehicle; and

(b) Attached the certificate to the off-highway vehiclein the manner specified by the Department.

2. If a certificate of operation for an off-highwayvehicle is lost or destroyed, the owner of the off-highway vehicle may requesta new certificate of operation from an authorized dealer.

3. If the owner of an off-highway vehicle sells orotherwise transfers ownership of the off-highway vehicle, the certificate ofoperation remains valid.

4. A certificate of operation is not required for anoff-highway vehicle which:

(a) Is owned and operated by:

(1) A federal agency;

(2) An agency of this State; or

(3) A county, incorporated city orunincorporated town in this State;

(b) Is part of the inventory of a dealer of off-highwayvehicles;

(c) Is registered or certified in another state and islocated in this State for not more than 90 days;

(d) Is used solely for husbandry on private land or onpublic land that is leased to the owner or operator of the off-highway vehicle;or

(e) Is used for work conducted by or at the directionof a public or private utility.

(Added to NRS by 2005, 2026)

RULES OF OPERATION

NRS 490.090 Operationon undesignated paved highways generally prohibited; exceptions; operation onpublic land, trails, ways or unpaved county roads authorized unless prohibitedby governmental entity having jurisdiction; authority of governmental entitieshaving jurisdiction to distribute information concerning prohibited areas andto erect signs designating prohibited areas. Exceptas otherwise provided in NRS 490.100 or 490.110:

1. A person shall not, except as otherwise provided insubsection 2 or 3, operate an off-highway vehicle on a paved highway that isnot otherwise designated for use by off-highway vehicles.

2. A person may operate an off-highway vehicle on apaved highway that is not otherwise designated for use by off-highway vehicles:

(a) If the off-highway vehicle is operated on thehighway for the purpose of crossing the highway, comes to a complete stopbefore crossing and crosses as close as practicable to perpendicular to thedirection of travel on the highway;

(b) If the off-highway vehicle is operated on thehighway for the purpose of loading or unloading the off-highway vehicle onto oroff of another vehicle or trailer, if the loading or unloading is as close aspracticable to the place of operation of the off-highway vehicle;

(c) During an emergency if it is impossible orimpracticable to use another vehicle or if a peace officer directs theoperation of the off-highway vehicle; or

(d) If the off-highway vehicle is operated on a portionof a highway that is designated as a trail connector for a trail authorized foruse by off-highway vehicles for not more than 2 miles.

3. A person may operate an off-highway vehicle on anypublic land, trail, way or unpaved county road unless prohibited by thegovernmental entity which has jurisdiction over the public land, trail, way orunpaved county road.

4. A governmental entity specified in subsection 3may:

(a) Prepare and distribute upon request a map or otherdocument setting forth each area of public land, trail, way or unpaved countyroad that is prohibited for the operation off-highway vehicles; and

(b) Erect and maintain signs designating each area ofpublic land, trail, way or unpaved county road that is prohibited for theoperation off-highway vehicles.

(Added to NRS by 2005, 2027)

NRS 490.100 Authorityof city or county to designate portion of highway for vehicle use; approval ofDepartment of Transportation regarding state highways; interstate highwaysexcluded; supervision of certain minors; limitation on purpose of use.

1. Except as otherwise provided in subsection 2, acity or county may designate any portion of a highway within the city or countyas permissible for the operation of off-highway vehicles for the purpose ofallowing off-highway vehicles to reach a private or public area that is openfor use by off-highway vehicles. If a city or county designates any portion astate highway as permissible for the operation of off-highway vehicles pursuantto this subsection, the city or county must obtain approval for the designationfrom the Department of Transportation. The Department of Transportation shallissue a timely decision concerning the request for approval and must notunreasonably deny the request.

2. The highway designated for operation of off-highwayvehicles pursuant to subsection 1 may not consist of any portion of aninterstate highway.

3. If a city or county designates a highway for theoperation of off-highway vehicles, the city or county may adopt an ordinancerequiring a person who is less than 16 years of age and who is operating theoff-highway vehicle on a designated highway to be under the direct visualsupervision of a person who is at least 18 years of age.

4. A person operating an off-highway vehicle on ahighway designated for operation of off-highway vehicles pursuant to subsection1 may not operate the off-highway vehicle on the highway for any purpose otherthan to travel to or from the private or public area as described in subsection1.

(Added to NRS by 2005, 2027)

NRS 490.110 Authorizedand unauthorized operation on highway.

1. Except as otherwise provided in subsection 2, if anoff-highway vehicle meets the requirements of this chapter and the operatorholds a valid drivers license and operates the off-highway vehicle inaccordance with the requirements of those sections, the off-highway vehicle maybe operated on a highway in accordance with NRS490.090 to 490.130, inclusive.

2. An off-highway vehicle may not be operated pursuantto this section:

(a) On an interstate highway;

(b) On a paved highway in this State for more than 2miles; or

(c) Unless the highway is specifically designated foruse by off-highway vehicles in a city whose population is 100,000 or more.

(Added to NRS by 2005, 2028)

NRS 490.120 Requiredequipment for operation on highway. Inaddition to the requirements set forth in NRS490.070, a person shall not operate an off-highway vehicle on a highwaypursuant to NRS 490.090 to 490.130, inclusive, unless the off-highwayvehicle has:

1. At least one headlamp that illuminates objects atleast 500 feet ahead of the vehicle;

2. At least one tail lamp that is visible from atleast 500 feet behind the vehicle;

3. At least one red reflector on the rear of thevehicle, unless the tail lamp is red and reflective;

4. A stop lamp on the rear of the vehicle; and

5. A muffler which is in working order and which is inconstant operation when the vehicle is running.

(Added to NRS by 2005, 2028)

NRS 490.130 Dutiesof operator when operating vehicle on highway. Theoperator of an off-highway vehicle that is being driven on a highway in thisState in accordance with NRS 490.090 to 490.130, inclusive, shall:

1. Comply with all traffic laws of this State;

2. Ensure that the certificate of operation for theoff-highway vehicle is attached to the vehicle in accordance with NRS 490.080; and

3. Wear a helmet.

(Added to NRS by 2005, 2028)

 

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