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Ely Shoshone Tribal Code

CHAPTER 485 - MOTOR VEHICLES: INSURANCE AND FINANCIAL RESPONSIBILITY

GENERAL PROVISIONS

SECTION 485.010            Short title.

SECTION 485.020            Definitions.

SECTION 485.028            “Certificate of financial responsibility” defined.

SECTION 485.0335          “Dormant vehicle” defined.

SECTION 485.034            “Evidence of insurance” defined.

SECTION 485.035            “Judgment” defined.

SECTION 485.037            “Insurance” defined.

SECTION 485.040            “License” defined.

SECTION 485.050            “Motor vehicle” defined.

SECTION 485.060            “Nonresident” defined.

SECTION 485.070            “Nonresident’s operating privilege” defined.

SECTION 485.080            “Operator” defined.

SECTION 485.090            “Owner” defined.

SECTION 485.105            “Proof of financial responsibility” defined.

SECTION 485.108            “Registered owner” defined.

SECTION 485.110            “Registration” defined.

INSURANCE REQUIRED

SECTION 485.185            Insurance for payment of tort liabilities required.

SECTION 485.186            Operator’s policy of liability insurance: Use in lieu of owner’s policy of liability insurance; requirements for issuance; required statements; operation of motor vehicle by person other than insured; required and excluded coverages; applicability.

SECTION 485.187            Unlawful acts; fines and penalties; exceptions.

VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY

SECTION 485.318            Immunity from liability for actions in good faith and without gross negligence.

VIOLATIONS AND PENALTIES

SECTION 485.330            Operating motor vehicle when license or registration suspended.

SECTION 485.340            Failure to return license, registration or license plate.

SECTION 485.350            False or forged policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document; misrepresentation of documents.

SECTION 485.360            Penalty for other violations.

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GENERAL PROVISIONS

SECTION 485.010  Short title.  This chapter may be cited as the Motor Vehicle Insurance and Financial Responsibility Act.

SECTION 485.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in SECTION 485.028 to 485.110, inclusive, have the meanings ascribed to them in those sections.

SECTION 485.028  “Certificate of financial responsibility” defined.  “Certificate of financial responsibility” means the certificate issued by an insurance carrier pursuant to NRS 485.308 certifying that there is a motor vehicle liability policy in effect for a person who is required to furnish proof of financial responsibility.

SECTION 485.0335  “Dormant vehicle” defined.  “Dormant vehicle” means a motor vehicle:

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

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

SECTION 485.034  “Evidence of insurance” defined.  “Evidence of insurance” means:

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

      2.  The certificate of self-insurance issued to a self-insurer by the Department pursuant to NRS 485.380.

SECTION 485.035  “Judgment” defined.  “Judgment” means any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle for damages, including damages for care and loss of services because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.

SECTION 485.037  “Insurance” defined.  “Insurance” means:

      1.  A motor vehicle liability policy; or

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

SECTION 485.040  “License” defined.  “License” means any license, temporary instruction permit or temporary license issued under the laws of this State pertaining to the licensing of persons to operate motor vehicles.

SECTION 485.050  “Motor vehicle” defined.  “Motor vehicle” means every self-propelled vehicle which is designed for use upon a highway, including:

      1.  Trailers and semitrailers designed for use with such vehicles, except traction engines, road rollers, farm tractors, tractor cranes, power shovels and well drillers; and

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

The term does not include electric personal assistive mobility devices as defined in SECTION 482.029.

SECTION 485.060  “Nonresident” defined.  “Nonresident” means every person who is not a resident of this State.

SECTION 485.070  “Nonresident’s operating privilege” defined.  “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in this State.

SECTION 485.080  “Operator” defined.  “Operator” means every person who is in actual physical control of a motor vehicle whether or not licensed as an operator pursuant to the laws of this State.

SECTION 485.090  “Owner” defined.  “Owner” means a person who holds the legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this chapter.

SECTION 485.105  “Proof of financial responsibility” defined.  “Proof of financial responsibility” means proof of ability to respond for the future in damages for liability, on account of accidents occurring subsequent to the effective date of that proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amounts specified in SECTION 485.185.

SECTION 485.108  “Registered owner” defined.  “Registered owner” means a person whose name appears in the records of the Department as the person to whom the vehicle is registered.

SECTION 485.110  “Registration” defined.  “Registration” means the registration certificate and plate issued under the laws of this State pertaining to the registration of motor vehicles.

SECTION 485.120  “State” defined.  “State” means any state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.

INSURANCE REQUIRED

SECTION 485.185  Insurance for payment of tort liabilities required.  Every owner of a motor vehicle which is registered or required to be registered in this State shall continuously provide, while the motor vehicle is present or registered in this State, insurance:

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

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

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

for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.

SECTION 485.186  Operator’s policy of liability insurance: Use in lieu of owner’s policy of liability insurance; requirements for issuance; required statements; operation of motor vehicle by person other than insured; required and excluded coverages; applicability.

      1.  Except as otherwise provided in subsection 7, any natural person may satisfy the requirements of SECTION 485.185 by obtaining, in lieu of an owner’s policy of liability insurance, an operator’s policy of liability insurance which meets the requirements of this section and NRS 485.3091.

      2.  An operator’s policy of liability insurance may only be issued to a person if:

      (a) The number of motor vehicles that he owns is greater than the number of persons in his household who possess a driver’s license; and

      (b) Each person in his household who possesses a driver’s license is covered by an operator’s policy of liability insurance.

      3.  An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:

      (a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;

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

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

unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this State unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.

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

      5.  An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.

      6.  An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.

      7.  This section does not apply to a lessor, dealer, manufacturer, rebuilder or distributor of a motor vehicle, an owner of a fleet, a common, contract or private motor carrier or any other employer who owns a motor vehicle for use in his business.

SECTION 485.187  Unlawful acts; fines and penalties; exceptions.

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

      (a) Operate the motor vehicle, if it is registered or required to be registered in this State, without having insurance as required by SECTION 485.185.

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

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

      (d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of SECTION 485.186.

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

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

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

      3.  Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a Category C offense.

      (a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of  NRS 482.215; or

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

      4.  A court:

      (a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by SECTION 485.185 was in effect at the time demand was made for it.

      (b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the balance of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by SECTION 485.185 is currently in effect.

      5.  The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the Department pursuant to subsection 1 or 2 of NRS 482.3955, 482.396, or 482.3965 authorizing the movement or operation of that vehicle within the State for a limited time.

VIOLATIONS AND PENALTIES

SECTION 485.330  Operating motor vehicle when license or registration suspended.  Any person whose license or registration or nonresident’s operating privilege has been suspended pursuant to this chapter and who, during the suspension, drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by him to be operated by another person upon any highway, except as permitted pursuant to this chapter, is guilty of a Category D offense.

SECTION 485.340  Failure to return license, registration or license plate.  Any person willfully failing to return a license, certificate of registration or license plate as required in NRS 485.320 is guilty of a Category D offense.

 

SECTION 485.350  False or forged policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document; misrepresentation of documents.  Any person who:

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

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

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

is guilty of a Category D offense.

SECTION 485.360  Penalty for other violations.  Any person who shall violate any provision of this chapter for which no penalty is otherwise provided shall be guilty of a Category D offense.

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