CHAPTER 483 - DRIVERS' LICENSES; DRIVING SCHOOLS AND ...

CHAPTER 483 - DRIVERS’ LICENSES; DRIVING SCHOOLS AND DRIVING INSTRUCTORSMOTOR VEHICLE DRIVERS’ LICENSES (UNIFORM ACT)GENERAL PROVISIONSSECTION 483.035SECTION 483.040SECTION 483.063SECTION 483.065SECTION 483.070SECTION 483.075SECTION 483.081SECTION 483.082SECTION 483.083SECTION 483.085SECTION 483.088SECTION 483.090SECTION 483.100SECTION 483.115SECTION 483.120SECTION 483.125SECTION 483.135SECTION 483.141SECTION 483.150SECTION 483.160SECTION 483.170SECTION 483.180SECTION 483.190“Border state employee” defined.“Cancellation” and “cancelled” defined.“Driver” defined.“Driver’s license” defined.“Farm tractor” defined.“Foreign exchange student” defined.“International instructor” defined.“International student” defined.“License” defined.“Licensee” defined.“Moped” defined.“Motor vehicle” defined.“Nonresident” defined.“Out-of-state student” defined.“Owner” defined.“Photograph” defined.“Premises to which the public has access” defined.“Resident” defined.“Revocation” defined.“School bus” defined.“Street” defined.“Suspension” defined.“Vehicle” defined.ISSUANCE, EXPIRATION AND RENEWALSECTION 483.235SECTION 483.240SECTION 483.245SECTION 483.2523SECTION 483.2525SECTION 483.350SECTION 483.360SECTION 483.390Holders of class A noncommercial drivers’ licenses: Department to adopt regulations concerningdriving of combinations of vehicles of certain length and weight.Exemptions from licensing.License issued by this State required when person becomes resident; issuance; reciprocal agreementswith other states.Drivers who are 16 or 17 years of age: Restriction on transporting certain passengers under 18 years ofage during initial period of licensure; penalty; nature of violation.Drivers who are 16 or 17 years of age: Violation of restriction on transporting certain passengersduring initial period of licensure not primary offense; issuance of citations.Placement of designation on license issued to person with disability which limits or impairs ability towalk.License to be carried and surrendered upon demand; limitation on conviction.Restricted license; procedure for suspension or revocation; penalty.Notice of change of address or name.VIOLATIONSSECTION 483.530SECTION 483.550SECTION 483.560SECTION 483.570Unlawful uses of license; prohibited acts related to provision of false information or commission offraud in connection with application for license or identification card; penalties.Driving without valid license.Driving while license cancelled, revoked or suspended; probation, suspended sentences and pleabargaining prohibited; exception; penalties.Driving when privilege as nonresident cancelled, suspended or revoked.Ely Shoshone Tribe Traffic CodesESTC-483Adopted 7/17/2007Amended 4/28/2008 by Resolution No. 2008-EST-23 Page 1

SECTION 483.580SECTION 483.590SECTION 483.600SECTION 483.890Permitting unauthorized minor to drive.Permitting unauthorized person to drive.Employing unlicensed driver.Unlawful acts: penalty;LICENSING REQUIREMENTSSECTION 483.924SECTION 483.926SECTION 483.932Restrictions on driving commercial motor vehicle on highways of Nevada.Commercial driver’s license: Privilege granted; general requirement; surrender of other licenses.Use of license issued by another jurisdiction prohibited after becoming resident of Nevada.MOTOR VEHICLE DRIVERS’ LICENSES (UNIFORM ACT)General ProvisionsSECTION 483.035 “Border state employee” defined. “Border state employee” means a person whose legal residence isnot in this State and who resides outside of the State of Nevada and who commutes into the State of Nevada solely for thepurpose of employment.SECTION 483.040 “Cancellation” and “cancelled” defined. “Cancellation” or “cancelled” means that a license whichwas issued through error or fraud is declared void and terminated. A new license may be obtained only as permitted inSECTION 483.010 to 483.630, inclusive.SECTION 483.063 “Driver” defined. “Driver” means a person who is in actual physical control of a vehicle upon ahighway.SECTION 483.065 “Driver’s license” defined. “Driver’s license” means a license issued under the laws of this Stateauthorizing a person to drive a motor vehicle in this State.SECTION 483.070 “Farm tractor” defined. “Farm tractor” means every motor vehicle designed and used primarily as afarm implement for drawing plows, mowing machines and other implements of husbandry.SECTION 483.075 “Foreign exchange student” defined. “Foreign exchange student” means a student:1. Whose legal residence is not in the United States;2. Who comes into this State to attend an educational institution for 1 school year; and3. Who returns to his legal residence at the end of that school year.SECTION 483.081 “International instructor” defined. “International instructor” means a person:1. Who is at least 18 years of age;2. Whose legal residence is not in this State;3. Who comes into this State to teach at an educational institution for an indefinite period; and4. Who may declare himself to be a resident of this State for the limited purpose of obtaining a driver’s license oridentification card.SECTION 483.082 “International student” defined. “International student” means a student:1. Who is at least 18 years of age;2. Whose legal residence is not in this State;3. Who comes into this State to attend an educational institution for an indefinite period; and4. Who may declare himself to be a resident of this State for the limited purpose of obtaining a driver’s license oridentification card.Ely Shoshone Tribe Traffic CodesESTC-483Adopted 7/17/2007Amended 4/28/2008 by Resolution No. 2008-EST-23 Page 2

SECTION 483.083 “License” defined. “License” means any driver’s license or permit to operate a vehicle issued underor granted by the laws of this State, including:1. Any temporary license or instruction permit; and2. The future privilege to drive a vehicle by a person who does not hold a driver’s license.SECTION 483.085 “Licensee” defined. “Licensee” means a person who has a license.SECTION 483.088 “Moped” defined. “Moped” means a vehicle which looks and handles essentially like a bicycle andis propelled by a small engine which produces not more than 2 gross brake horsepower and which has a displacement of notmore than 50 cubic centimeters, and:1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percentgrade in any direction when the motor is engaged.SECTION 483.090 “Motor vehicle” defined. “Motor vehicle” means every vehicle which is self-propelled, and everyvehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails. “Motorvehicle” includes moped.SECTION 483.100 “Nonresident” defined. “Nonresident” means every person who is not a resident of this State.SECTION 483.115 “Out-of-state student” defined. “Out-of-state student” means a student:1. Whose legal residence is not in this State;2. Who comes into this State to attend an educational institution; and3. Who returns to his legal residence during the summer months.SECTION 483.120 “Owner” defined. “Owner” means a person who holds the legal title of a vehicle, or in the event avehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performanceof the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee orlessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee ormortgagor shall be deemed the owner for the purpose of SECTION 483.010 to 483.630, inclusive.SECTION 483.125 “Photograph” defined. “Photograph” includes a digital image created by a computer or digitalcamera.SECTION 483.135 “Premises to which the public has access” defined. “Premises to which the public has access” hasthe meaning ascribed to it in the NRS.SECTION 483.141 “Resident” defined.1. “Resident” includes, but is not limited to, a person:(a) Whose legal residence is in the State of Nevada.(b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or anyperson maintaining such vehicles in this State, as the home state of such vehicles.(c) Who physically resides in this State and engages in a trade, profession, occupation or accepts gainful employment inthis State.(d) Who declares himself to be a resident of this State to obtain privileges not ordinarily extended to nonresidents of thisState.2. The term does not include a person who is an actual tourist, an out-of-state student, a foreign exchange student, aborder state employee or a seasonal resident.3. The provisions of this section do not apply to drivers of vehicles operated in this State under the provisions of theNRS.SECTION 483.150 “Revocation” defined. “Revocation” means that the licensee’s privilege to drive a vehicle isterminated. A new license may be obtained only as permitted in SECTION 483.010 to 483.630, inclusive.SECTION 483.160 “School bus” defined.Ely Shoshone Tribe Traffic CodesESTC-483Adopted 7/17/2007Amended 4/28/2008 by Resolution No. 2008-EST-23 Page 3

1. “School bus” means every motor vehicle owned by or under the control of a public or governmental agency or aprivate school and regularly operated for the transportation of children to or from school or a school activity or privatelyowned and regularly operated for compensation for the transportation of children to or from school or a school activity.2. “School bus” does not include a passenger car operated under a contract to transport children to and from school, acommon carrier or commercial vehicle under the jurisdiction of the Surface Transportation Board or the TransportationServices Authority when such a vehicle is operated in the regular conduct of its business in interstate or intrastatecommerce within the State of Nevada.SECTION 483.170 “Street” defined. “Street” means the entire width between the boundary lines of every way publiclymaintained when any part thereof is open to the use of the public for purposes of vehicular travel.SECTION 483.180 “Suspension” defined. “Suspension” means that the licensee’s privilege to drive a vehicle istemporarily withdrawn.SECTION 483.190 “Vehicle” defined. “Vehicle” means every device in, upon or by which any person or property is ormay be transported or drawn upon a public highway, except:1. Devices moved by human power or used exclusively upon stationary rails or tracks; and2. Electric personal assistive mobility devices as defined in SECTION 482.029.Issuance, Expiration and RenewalSECTION 483.240 Exemptions from licensing. The following persons are exempt from license under the provisions ofSECTION 483.010 to 483.630, inclusive:1. Any person while driving a motor vehicle in the service of the Armed Forces.2. Any person while driving any road machine, farm tractor or implement of husbandry temporarily operated or movedon a highway.3. A nonresident who is at least 16 years of age and who has in his immediate possession a valid license issued to himin his home state or country may drive a motor vehicle in this State of the type or class he may operate in his home state orcountry.4. Any nonresident who is at least 18 years of age, whose home state or country does not require the licensing ofdrivers, may drive a motor vehicle for a period of not more than 90 days in any calendar year, if the motor vehicle driven isduly registered in the home state or country of such nonresident.5. A nonresident on active duty in the Armed Forces who has a valid license issued by his home state and suchnonresident’s spouse or dependent child who has a valid license issued by such state.6. Any person on active duty in the Armed Forces who has a valid license issued in a foreign country by the ArmedForces may drive a motor vehicle for a period of not more than 45 days from the date of his return to the United States.SECTION 483.245 License issued by this State required when person becomes resident; issuance; reciprocalagreements with other states.1. When a person becomes a resident of Nevada as defined in this chapter he must, within 30 days, obtain a Nevadadriver’s license as a prerequisite to driving any motor vehicle in the State of Nevada.2. Where a person who applies for a license has a valid driver’s license from a state which has requirements forissuance of drivers’ licenses comparable to those of the State of Nevada, the Department may issue a Nevada license underthe same terms and conditions applicable to a renewal of a license in this State.3. In carrying out the provisions of this chapter, the Director is authorized to enter into reciprocal agreements withappropriate officials of other states concerning the licensing of drivers of motor vehicles.SECTION 483.2525 Drivers who are 16 or 17 years of age: Violation of restriction on transporting certainpassengers during initial period of licensure not primary offense; issuance of citations.1. A peace officer shall not stop a motor vehicle for the sole purpose of determining whether the driver is violating aprovision of the NRS. Except as otherwise provided in subsection 2, a citation may be issued for a violation of NRS483.2523 only if the violation is discovered when the vehicle is halted or its driver is arrested for another alleged violationor offense.Ely Shoshone Tribe Traffic CodesESTC-483Adopted 7/17/2007Amended 4/28/2008 by Resolution No. 2008-EST-23 Page 4

2. A peace officer shall not issue a citation to a person for operating a motor vehicle in violation of NRS 483.2523 ifthe person provides satisfactory evidence that the person has held the driver’s license for the period required pursuant to theNRS.SECTION 483.350 License to be carried and surrendered upon demand; limitation on conviction. Every licenseeshall have his driver’s license in his immediate possession at all times when driving a motor vehicle and shall manuallysurrender the license for examination, upon demand, to a justice of the peace, a peace officer, or a deputy of theDepartment. However, no person charged with violating this section shall be convicted if he produces in court or the officeof the arresting officer a driver’s license theretofore issued to him and valid at the time of the demand. Failure to surrenderis guilty of a Category D offense.SECTION 483.360 Restricted license; procedure for suspension or revocation; penalty.It is a Category D offense for any person to drive a motor vehicle in any manner in violation of the restrictions imposed ina restricted license issued to him.SECTION 483.390 Notice of change of address or name. Whenever any person after applying for or receiving adriver’s license moves from the address named in the application or in the license issued to him, or when the name of alicensee is changed, that person shall within 30 days thereafter notify the Department of his new and old addresses, or ofsuch former and new names, and of the number of any license then held by him. Failure to comply is guilty of a CategoryD offense.ViolationsSECTION 483.530 Unlawful uses of license; prohibited acts related to provision of false information or commissionof fraud in connection with application for license or identification card; penalties.1. Except as otherwise provided in subsection 2, it is a Category D offense for any person:(a) To display or cause or permit to be displayed or have in his possession any cancelled, revoked, suspended, fictitious,fraudulently altered or fraudulently obtained driver’s license;(b) To alter, forge, substitute, counterfeit or use an unvalidated driver’s license;(c) To lend his driver’s license to any other person or knowingly permit the use thereof by another;(d) To display or represent as one’s own any driver’s license not issued to him;(e) To fail or refuse to surrender to the Department, a peace officer or a court upon lawful demand any driver’s licensewhich has been suspended, revoked or cancelled;(f) To permit any unlawful use of a driver’s license issued to him;(g) To do any act forbidden, or fail to perform any act required, by SECTION 483.010 to 483.630, inclusive; or(h) To photograph, photostat, duplicate or in any way reproduce any driver’s license or facsimile thereof in such amanner that it could be mistaken for a valid license, or to display or have in his possession any such photograph, photostat,duplicate, reproduction or facsimile unless authorized by this chapter.SECTION 483.550 Driving without valid license.1. It is unlawful for any person to drive a motor vehicle upon a public street or highway on this Reservation withoutbeing the holder of a valid driver’s license, and shall be a Category D offense.SECTION 483.560 Driving while license cancelled, revoked or suspended; probation, suspended sentences and pleabargaining prohibited; exception; penalties.1. Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises towhich the public has access at a time when his driver’s license has been cancelled, revoked or suspended is guilty of aCategory D offense.2. Except as otherwise provided in this subsection, if the license of the person was suspended, revoked or restrictedbecause of:(a) A violation of SECTION 484.379, 484.3795;(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence ofintoxicating liquor or a controlled substance or resulting from any other conduct prohibited by SECTION 484.379,484.3795, or 484.37955 orEly Shoshone Tribe Traffic CodesESTC-483Adopted 7/17/2007Amended 4/28/2008 by Resolution No. 2008-EST-23 Page 5

(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a)or (b) is guilty of a Category B offense.SECTION 483.570 Driving when privilege as nonresident cancelled, suspended or revoked. No person whose drivingprivilege as a nonresident has been cancelled, suspended or revoked, as provided in SECTION 483.010, shall drive anymotor vehicle upon the highways of this Reservatuib while such privilege is cancelled, suspended or revoked, is guilty of aCategory D offense.SECTION 483.580 Permitting unauthorized minor to drive. A person shall not cause or knowingly permit his child orward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under theprovisions of SECTION 483.010 to 483.630, inclusive, or is in violation of any of the provisions of SECTION 483.010 to483.630, inclusive, or if his license is revoked or suspended is guilty of a Category D offense.SECTION 483.590 Permitting unauthorized person to drive. No person shall authorize or knowingly permit a motorvehicle owned by him or under his control to be driven upon any highway by any person who is not authorized underSECTION 483.010 to 483.630, inclusive, or in violation of any of the provisions of SECTION 483.010 to 483.630,inclusive, is guilty of a Category D offense.SECTION 483.600 Employing unlicensed driver. No person shall employ as a driver of a motor vehicle any person notthen licensed as provided in SECTION 483.010 to 483.630, inclusive, is guilty of a Category D offense.IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS’ LICENSESSECTION 483.890 Unlawful acts; penalty. A person who:1. Forges or alters an identification card or knowingly possesses an altered or forged identification card;2. Refuses to surrender an identification card for cancellation when so directed by the Department;3. Lends his identification card to another person for the other’s use or uses a card issued to another person; or4. Willfully fails to surrender to the Department within 10 days after another’s identification card comes into hispossession or to return it to the proper holder, is guilty of a Category D offense.COMMERCIAL DRIVERS’ LICENSESLicensing RequirementsSECTION 483.924 Restrictions on driving commercial motor vehicle on highways of Nevada. A person shall notdrive a commercial motor vehicle on the highways of this Reservation:1. Unless he has been issued and has in his immediate possession a:(a) Commercial driver’s license with applicable endorsements valid for the vehicle he is driving issued by this State orby any other jurisdiction in accordance with the minimum federal standards for the issuance of a commercial driver’slicense; or(b) Valid learner’s permit for the operation of a commercial motor vehicle and is accompanied by the holder of acommercial driver’s license valid for the vehicle being driven.2. At any time while his driving privilege is suspended, revoked or cancelled, or while subject to a disqualification oran out-of-service order, is guilty of a Category D offense.SECTION 483.926 Commercial driver’s license: Privilege granted; general requirement; surrender of otherlicenses.1. Any person to whom a valid commercial driver’s license has been issued may exercise the privilege thereby grantedupon all streets and highways of this State and shall not be required to obtain any other license to exercise the privilege byany county, municipal or local board or body having authority to adopt local police regulations.2. Except persons expressly exempted in regulations adopted by the Department pursuant to NRS 483.908, a personshall not steer or exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highwayunless he has a license to drive the type or class of vehicle being towed.Ely Shoshone Tribe Traffic CodesESTC-483Adopted 7/17/2007Amended 4/28/2008 by Resolution No. 2008-EST-23 Page 6

3. The Department shall not issue a commercial driver’s license to a person until he surrenders to the Department allvalid licenses in his possession issued to him by this or any other jurisdiction. Surrendered licenses issued by anotherjurisdiction must be returned by the Department to that jurisdiction. A person shall not have more than one valid driver’slicense, is guilty of a Category D offense.SECTION 483.932 Use of license issued by another jurisdiction prohibited after becoming resident of Nevada. Aperson who is a resident of this State for 30 days or more shall not drive a commercial motor vehicle under the authority ofa commercial driver’s license issued by another jurisdiction, is guilty of a Category D offense.Ely Shoshone Tribe Traffic CodesESTC-483Adopted 7/17/2007Amended 4/28/2008 by Resolution No. 2008-EST-23 Page 7