2021 Nevada Revised Statutes
Chapter 706 - Motor Carriers
NRS 706.854 - Refusal by Department to register vehicle or renew registration of vehicle; notice; refusal; order to appear before Department under certain circumstances; return of plates, licenses, emblems, certificates or other devices upon receipt of notice of revocation. [Effective on the earlier of July 1, 2020, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 180, Statutes of Nevada 2017, at page 971.]
1. The Department may refuse to register or renew the registration of a commercial motor vehicle operated by a motor carrier pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which has a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 10,000 pounds if:
(a) The motor carrier applying for registration or renewal has not complied with the requirements of NRS 706.841; or
(b) The motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order.
2. The Department shall mail a notice to the applicant for registration or the holder of a certificate of registration for a commercial motor vehicle if the Department refuses to register or renew the registration pursuant to subsection 1. The notice must be mailed as soon as practicable after the Department refuses to register or renew the registration and must include, without limitation:
(a) The reason for the refusal to register or renew registration;
(b) The name of the federal or state entity which issued the out-of-service order, if applicable;
(c) The procedure by which the applicant may register the commercial motor vehicle or the holder of the certificate of registration for the commercial motor vehicle may renew the registration by providing evidence satisfactory to the Department that, as applicable:
(1) The motor carrier operating the commercial motor vehicle has complied with the requirements of NRS 706.841; or
(2) The motor carrier responsible for the safety of the commercial motor vehicle is no longer subject to an out-of-service order.
3. In addition to any other penalty set forth in this chapter and chapter 366 of NRS, the Department may revoke the registration and plates, licenses, emblems, certificates or other devices of the vehicle pursuant to NRS 706.846 for a commercial motor vehicle operated by a motor carrier pursuant to the provisions of this section and NRS 706.801 to 706.861, inclusive, and which has a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 10,000 pounds if the motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order.
4. Before revoking the registration and plates, licenses, emblems, certificates or other devices of a vehicle pursuant to subsection 3, the Department must send a written notice by certified mail to the operator of the vehicle at his or her last known address ordering the operator to appear before the Department not less than 10 days after the mailing of the notice to show cause why the registration and plates, licenses, emblems, certificates or other devices should not be revoked pursuant to this section.
5. Upon the revocation of the registration and plates, licenses, emblems, certificates or other devices of a vehicle pursuant to this section, the affected plates, licenses, emblems, certificates or other devices must be returned to the Department upon receipt of the notice of revocation.
6. As used in this section:
(a) "Combined gross vehicle weight" has the meaning ascribed to it in NRS 482.0152.
(b) "Combined gross vehicle weight rating" has the meaning ascribed to it in NRS 482.0153.
(c) "Commercial motor vehicle" has the meaning ascribed to it in 49 C.F.R. § 390.5.
(d) "Gross vehicle weight" has the meaning ascribed to it in NRS 482.0443.
(e) "Gross vehicle weight rating" has the meaning ascribed to it in NRS 482.0445.
(Added to NRS by 2017, 982, effective on the earlier of July 1, 2020, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 180, Statutes of Nevada 2017, at page 971)
