AB 57 — Revises various provisions relating to motor vehicles. (BDR 9-274)

A lien claimant may cause a motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to bebeiler, sold by private sale directly to a third-party purchaser in an arm’s length transaction if the lien claimant is unable to sell the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home at a public auction forafter thea fairreasonable marketeffort. value of the motor - *AB57_R1* – 3 – vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home.

[3.] 4.

Every aspect of a sale made pursuant to subsection 2 or 3, including, without limitation, the method of advertising, time, date, place, terms and price, must be commercially reasonable.

5.

[4.] 5.6.

From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy the lien, including the reasonable charges of notice,notice,plies advertisement and sale.

6.

Nothing in this section shall be construed to prohibit a lien claimant from purchasing a motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home at a public auction held pursuant to subsection 2 for the fair market value of the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home.

AsNothing used in this section:section shall be construed to prohibit a lien claimant from purchasing a motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home at a public auction held pursuant to subsection 2 if the sale complies with the requirements prescribed by subsection 4.

(a)8. “Arm’s length transaction” means a transaction between two parties:

(1)As Whoused arein notthis related,section, affiliated“arm’s orlength ontransaction” closemeans terms;a transaction in which the buyer is not affiliated with the seller.

and- (2)82nd WhoSession are(2023) presumed– to4 have– roughly445B.805 equalThe bargainingprovisions power.of NRS 445B.800 do not apply to:ows:

(b)1. “Fair market value” means the retail value of a motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home that is established by:

(1)Transfer Anof objectiveregistration appraisalor basedownership uponbetween: local market resources, including, without limitation, automobile dealers and classified advertisements of newspapers;

-(a) *AB57_R1*Spouses; – 4 – (2) An independent appraisal service;

(3)or A(b) currentCompanies issuewhose ofprincipal abusiness nationallyis recognizedleasing guideof usedvehicles, byif financialthere institutionsis inno thischange Statein for the valuationlessee ofor usedoperator goods,of including,the withoutvehicle. limitation, used motor vehicles;

or2. (4) A computer-based service commonly used by the insurance industry for the valuation of goods, including, without limitation, used motor vehicles.

Motor vehicles which are subject to prorated registration pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which are not based in this State.

3.

Transfer of registration if evidence of compliance was issued within 90 days before the transfer.

4.

Transfer of registration from a vehicle dealer or new vehicle dealer to any person who buys or exchanges an interest in a motor vehicle if evidence of compliance was issued within 180 days before the transfer.

5.

A consignee who is conducting a consignment auction which meets the requirements set forth in NRS 445B.807 if the con(a) Informs the buyer, using a form, including, without limitation, an electronic form, if applicable, as approved by the Department of Motor Vehicles, that the consignee is not required to obtain an inspection or testing of the motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 and that any such inspection or testing that is required must be obtained by the buyer before the buyer registers the motor vehicle;

(b) Posts a notice in a conspicuous location at the site of the consignment auction or, if applicable, on the Internet website on which the consignment auction is conducted, and includes a notice in any document published by the consignee that lists the vehicles available for the consignment auction or solicits persons to bid at the consignment auction, stating that the consignee is exempt from any requirement to obtain an inspection or testing of a motor vehicle pursuant to the regulations adopted by the Commission under NRS andB.770 if the motor vehicle is sold at the consignment auction;

(c) Makes the vehicle available for inspection before the consignment auction:

(1) In the case of a live auction with an auctioneer verbally calling for and accepting bids, at the location of the consignment auction;

or (2) In the case of an auction that is conducted on an auction website on the Internet by a consignee who is certified pursuant to - 82nd Session (2023) – 5 – subsection 2 of NRS 445B.807, at the primary place of business of the consignee conducting the consignment auction.

6.

An automobile wrecker who is selling a vehicle pursuant to section 3.3 of this act if the automobile wrecker:

limitation, an electronic form, that the automobile wrecker is not required to obtain an inspection or testing of the motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 and that any such inspection or testing that is required must be obtained by the buyer before the buyer registers the motor vehicle;

and (b) Posts a notice in a conspicuous location at the business of the automobile wrecker or, if applicable, on the Internet website of the automobile wrecker, and includes a notice in any document published by the automobile wrecker that lists the vehicles available for sale by the automobile wrecker, stating that the automobile wrecker is exempt from any requirement to obtain an inspection or testing of a motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770.

A person who is entitled to license plates pursuant to NRS 482.2654824. may apply for commemorative license plates.

4.

6.- 82nd Session (2023) – 6 – $10..

Commemorative plates are renewable upon the payment of $10.7.

7.

Except as otherwise provided by subsection 10, if a commemorative license plate or set of license plates issued pursuant to the provisions of this section is lost, stolen or mutilated, the owner of the vehicle may secure a duplicate number plate or set of - *AB57_R1* – 5 – duplicate number plates, as the case may be, from the Department upon payment of the fees set forth in subsection 2 of NRS 482.500.

9.license plates that it issues:r each set of commemorative (a) Deposit the $25 collected for the celebration of the 125th anniversary of Nevada’s admission into the Union with the State Treasurer for credit to the Account for Nevada’s 125th Anniversary in the State General Fund;

The Department shall, for each set of commemorative license plates that it issues:

(a) Deposit the $25 collected for the celebration of the 125th anniversary of Nevada’s admission into the Union with the State Treasurer for credit to the Account for Nevada’s 125th Anniversary in the State General Fund;

(b) Issue duplicate or replacement commemorative license plates afteraft11. June 30, 1995.

11.

For- a82nd certificateSession of(2023) registration........................................$5.00– 7 – For every substitute number plate or set of plates.............5.00plates.............5.00......$5.00 For every duplicate number plate or set of plates............10.00 For every decal displaying a county name ...................................................50 For every other indicator, decal, license plate sticker or tab.................................................................5.00 2.

.50 For every other indicator, decal, license plate sticker or tab.................................................................5.00 2.

(c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS - *AB57_R1* – 6 – 482.2703, a fee equal to that established by the Director for the issuance of those plates.

3.3.

Chapter 487 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

A person who is licensed as an automobile wrecker may, after acquiring a vehicle that possesses minor damage and is not scheduled to be salvaged, sell such a vehicle.

2.

Before an automobile wrecker sells a vehicle subject to wrecker must possess the certificate of title for the vehicle.e 3.

Upon sale of the vehicle, the automobile wrecker shall provide the certificate of title for the vehicle to the person who purchased the vehicle.

As used in this section, “minor damage” means damage to a motor vehicle that can be repaired with the use of common repair materials.

- 82nd Session (2023) – 8 – Sec.

3.6.

NRS 487.100 is hereby amended to read as follows:

487.100 1.

Except as otherwise provided in subsections 2 and 3, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool any vehicle subject to Department the certificates of title and registration last issuedthe therefor.

2.

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

3.

An automobile wrecker is not required to:

(a) Provide the Department with a certificate of title, salvage title or a nonrepairable vehicle certificate and certificate of registration last issued;

or (b) Obtain from the Department a certificate of title, salvage title, nonrepairable vehicle certificate or certificate of registration,  for a motor vehicle that is to be processed as parts or scrap metal by the automobile wrecker pursuant to NRS 487.105.

4.

An automobile wrecker is not required to provide the Department with the certificate of title and certificate of registration last issued for a motor vehicle that the automobile wrecker sells pursuant to section 3.3 of this act.

Sec.

3.9.

NRS 487.270 is hereby amended to read as follows:

487.270 1.

Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage or the automobile wrecker or operator of a tow car who towed the vehicle has a lien on the vehicle for:

days;

andosts of towing and storing for a period not exceeding (b) If the vehicle was removed from public property at the request of a constable, the fee described in paragraph (d) of subsection 2 of NRS 258.125.

2.

If the vehicle is appraised at a value [of $500 or less] of less than $1,500, or less than such other value greater than $1,500 which the Department may establish by regulation, and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage , [or] automobile wrecker or operator of a tow car may satisfy his or her lien by retaining the vehicle and obtaining a certificate pursuant to NRS 487.880, if applicable, [or] a salvage title as provided in NRS 487.810 [.] or an unbranded title pursuant to subsection 4.

3.

If the vehicle is appraised at a value of more than [$500] $1,500, or more than such other value greater than $1,500 which - 82nd Session (2023) – 9 – the Department may establish by regulation, and is not reclaimed within 45 days, the owner of the garage , [or] automobile wrecker or operator of a tow car may satisfy his or her lien, in accordance with the provisions of NRS 108.265 to 108.367, inclusive.

Before such a pursuant to NRS 487.880, if applicable, [or] a salvage title asate provided in NRS 487.810 [.] or an unbranded title pursuant to subsection 4.

4.

Before an automobile wrecker or operator of a tow car satisfies his or her lien pursuant to subsection 2 or 3, the automobile wrecker or operator of a tow car may request that the Department issue an unbranded title for the vehicle.

The Department shall issue the unbranded title if the automobile wrecker or operator of a tow car submits to the Department a certificate of inspection in such form as the Department may prescribe which has been completed and signed by a garage operator who operates a garage that is registered pursuant to NRS 487.560, by the owner of a body shop licensed pursuant to NRS 487.630, by a rebuilder licensed pursuant to NRS 482.325 or by a qualified employee of such a garage, body shop or rebuilder certifying that:

(a) The vehicle was inspected by the garage operator, owner, rebuilder or employee;

(b) The vehicle meets the standards of the vehicle manufacturer for mechanical fitness and safety;

(c) Any safety equipment, including, without limitation, occupant restraint devices, which was present in the vehicle at the the standards of the manufacturer and the provisions of 49 C.F.R.

§§ 571.208 and 571.209;

and (d) The vehicle is in a condition to be operated safely on the highways of this State.

5.

Nothing in subsection 4 shall be construed as requiring the Department to change the existing status of a certificate of title, including, without limitation, any designation that a vehicle is a salvage vehicle or rebuilt vehicle.

6.

If the vehicle was removed from public property at the request of a constable and the owner of the garage or automobile wrecker satisfies his or her lien pursuant to subsection 2 or 3, the owner of the garage or automobile wrecker shall transmit to the constable the fee described in paragraph (d) of subsection 2 of NRS 258.125.

7.

As used in this section:

- 82nd Session (2023) – 10 – (a) “Operator of a tow car” means the operator of a tow car who holds a certificate of public convenience and necessity issued pursuant to NRS 706.4463.

(b) “Unbranded title” means a certificate of title that does not include a specified designation, including, without limitation, a designation that a motor vehicle is a salvage vehicle or rebuilt vehicle.

Sec.

4.

(a) The number of complaints relating to garages, garage operators and body shops made to and acted upon by thethearage Department during the year for which the report is prepared;

-~~~~~ *AB57_R1*23 –- 782nd –Session TEXT(2023) OF REPEALED SECTION 1.2.3An owner of a motor vehicle who is a United States citizen or a citizen of a foreign country residing in this State and who holds from a foreign country a letter of appointment as an honorary consul may, upon signed application on a form prescribed and provided by the Department, accompanied by:

(a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes;

and (b) A copy of the letter of appointment from that country,  be issued a set of license plates upon which is inscribed CONSULAR CORPS with a number of characters, including pursuant to NRS 482.367003.ermined necessary by the Director 2.

Each person who is eligible for special license plates under this section may apply for one set of plates.

The plates may be used only on a private passenger vehicle or a noncommercial truck.

3.

When a person to whom special license plates have been issued pursuant to this section loses his or her status as an honorary consul, the person shall surrender any special plates he or she possesses to the Department and is entitled to receive regular Nevada license plates.

Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the Department.

4.

The Department may adopt regulations governing the countries.

The Department shall include on the form for application a notice to the applicant that the issuance of such license plates does not confer any diplomatic immunity.

5.

Special license plates issued pursuant to this section are renewable upon the payment of $10.

H - *AB57_R1*