Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 415–Assemblymembers
Carter, Goulding; and Dickman
Joint Sponsors: Senators Titus, Taylor; and Lange
CHAPTER..........
AN ACT relating to motor vehicles; revising provisions governing
the disposition of certain vehicles abandoned on public or
private property; revising provisions governing the issuance
of junk certificates by the Department of Motor Vehicles;
revising provisions governing lists of operators of tow cars
used by law enforcement agencies; prohibiting the operator
of a tow car from falsely reporting the location of the
operator or tow car to a law enforcement agency for certain
purposes; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law: (1) authorizes certain persons and law enforcement agencies to
request the removal of a vehicle th at has been abandoned on public or private
property; and (2) requires the person who requests such a removal to inquire into
whether the vehicle was stolen and the identity of the vehicle’s owner. (NRS
487.230, 487.235) Existing law requires a person who r emoved an abandoned
vehicle to notify the registered owner and any person having a security interest in
the vehicle by registered or certified mail that the vehicle has been removed and
will be junked, dismantled or otherwise disposed of unless the owner o r the person
having the security interest responds and pays the costs of removal. (NRS 487.250)
Existing law additionally requires a tow operator to notify the registered and legal
owner of a vehicle if the vehicle was towed and placed in storage at the re quest of
someone other than the owner or the owner’s authorized agent. (NRS 706.4479)
Existing law authorizes the Department of Motor Vehicles to issue a junk
certificate to a tow operator or automobile wrecker for a vehicle that: (1) has been
discarded o r abandoned; (2) has been ruined, wrecked, dismantled or rendered
inoperative; (3) is unfit for further use in accordance with the vehicle’s original
purpose; (4) is unregistered or is not reclaimed by the registered owner or person
having a security inter est in the vehicle within a certain period of time; and (5) has
value principally as scrap which does not exceed $200. (NRS 487.260) Section 4 of
this bill increases the value of a vehicle for which a junk certificate may be issued
to include a vehicle which has value principally as scrap which does not exceed
$500. Section 4 authorizes the Department to issue a junk certificate for a vehicle
that is appraised as a junk vehicle by an automobile wrecker or tow operator in
accordance with regulations prescribed by the Department. Sections 1 and 2 of this
bill authorize certain persons, with respect to an abandoned, unregistered vehicle
which appears likely to be appraised as a junk vehicle and for which the identity of
the owner is not known or readily asce rtainable, to affix to the vehicle a notice that
if the abandoned vehicle is not removed from the public or private property within
7 days, the vehicle is subject to being junked, dismantled or otherwise disposed of.
Sections 1 and 2 require th e notice to include certain information, including that
the owner of the vehicle may request an expedited hearing in the local justice court
to contest the classification of the vehicle as an abandoned junk vehicle. If the
notice is affixed to certain unregistered vehicles which are appraised as junk
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vehicles, sections 1-5 of this bill excuse the person or law enforcement agency that
authorized the removal of the vehicle and the tow operator who removed the
vehicle from other provisions requiring such persons to make i nquiries into the
identity of the owner of the vehicle and provide the owner with certain notice
regarding the removal of the vehicle. Section 4 requires the person or law
enforcement agency that authorized the removal of the vehicle to provide the
contact information of the automobile wrecker or tow operator who removed the
vehicle if contacted by the vehicle’s owner.
Existing law prohibits a law enforcement agency that maintains and uses a list
of tow cars which are called by that agency to provide towi ng from including an
operator of a tow car on that list unless the operator meets certain requirements.
Existing law prohibits the Nevada Highway Patrol from removing an operator of a
tow car from the list used by the Nevada Highway Patrol solely on the gr ound that
the operator is insured under the same policy of insurance as one other operator of a
tow car who is included on the list and operates in the same geographical area.
(NRS 706.4485)
Section 6 of this bill: (1) expands the applicability of this p rohibition to all law
enforcement agencies; and (2) prohibits an operator of a tow car from using any
software, device or other means to falsely report the location of the operator or tow
car to a law enforcement agency or any agent of a law enforcement ag ency for the
purpose of securing a request from the law enforcement agency to provide towing
services. Section 6 requires a law enforcement agency to remove an operator of a
tow car from the list used by the law enforcement agency for 1 year if the operato r
violates that prohibition.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 487.230 is hereby amended to read as follows:
487.230 1. Except as otherwise provided in NRS 487.235,
any sheriff or designee of a sheriff, constable, member of the
Nevada Highway Patrol, officer of the Legislative Police,
investigator of the Division of Compliance Enforcement of the
Department, personnel of the Capitol Police Division of the
Department of Public Safety, designated employees of the Housing
Division of the Department of Business and Industry, special
investigator employed by the office of a district attorney, marshal or
police officer of a city or town or his or her designee, a marshal or
park ranger who is part of a unit of specialized law enforcement
established pursuant to NRS 280.125, or any other person charged
with the enforcement of county or city ordinances who has reason to
believe that a vehicle has been abandoned on public property in his
or her jurisdiction may remove the vehicle from that property or
cause the vehicle to be removed from that property. At the request
of the owner or person in possession or control of private property
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who has reason to believe that a vehicle has been abandoned on his
or her property, the vehicle may be removed by the operator of a
tow car or an automobile wrecker from that private property.
2. [A] Except as otherwise provided in NRS 487.260, a person
who authorizes the removal of an abandoned vehicle pursuant to
subsection 1 shall:
(a) Have the vehicle taken to the nearest garage or other place
designated for storage by:
(1) The state agency or political subdivision making the
request if the vehicle is removed from public property.
(2) The owner or person in possession or control of the
property if the vehicle is removed from private property.
(b) Make all practical inquiries to ascertain if the vehicle is
stolen by checking the license plate number, vehicle identification
number and other available information which will aid in identifying
the registered and legal owner of the vehicle and supply the
information to the person who is storing the vehicle.
3. If:
(a) The vehicle appears likely to be a ppraised as a junk
vehicle;
(b) The vehicle is not registered with the Department and it is
not readily ascertainable whether the vehicle is registered in any
other state; and
(c) The identity of the owner of the vehicle is not known or
readily ascertainable,
an operator of a tow car, an automobile wrecker or, in the case
of a vehicle abandoned on public property, a state agency or
political subdivision, may, before the removal of a vehicle
pursuant to this section, affix a notice to the vehicle stating that
the vehicle, if not removed from the property within 7 days, is
subject to being junked, dismantled or otherwise disposed of
without further notice. The notice must state the date and time that
the notice was affixed to the vehicle and that the owner of the
vehicle may, at any time before the vehicle is removed from
the property, request an expedited hearing in the justice court of
the township where the property on which the vehicle was
purportedly abandoned is located to contest the classification of
the vehicle as an abandoned junk vehicle.
4. As used in this section, “junk vehicle” has the meaning
ascribed to it in NRS 487.260.
Sec. 2. NRS 487.235 is hereby amended to read as follows:
487.235 1. [If] Except as otherwise provided in NRS
487.260, if a sheriff’s office or other law enforcement agency
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discovers that, or receives notification that, a vehicle has been
abandoned on public lands, the sheriff’s office or other law
enforcement agency shall:
(a) Make all practical inquiries to ascertain if the vehicle is
stolen by checking the license plate number, vehicle identification
number and other available information which will aid in identifying
the owner of the vehicle; and
(b) If the vehicle has not been reported as stolen and the
sheriff’s office or other law enforcement agency is able to determine
the identity of the owner of the vehicle, notify the Department of
those facts.
2. Upon the receipt of a notice from a sheriff’s office or other
law enforcement agency pursuant to paragraph (b) of subsection 1
and if the registration of the vehicle has not expired, the Department
shall send by registered or certified mail, return receipt requested, a
written notice to the owner of the vehicle stating that the owner
must remove or cause the vehicle to be removed from the public
lands within 30 days after the date on which the notice was sent.
3. If an owner receives a notice pursuant to subsection 2, the
owner may submit to the Department an affidavit whi ch states that
the owner has taken action which meets the requirements of
paragraph (a) or (b) of subsection 2 of NRS 487.220. If the owner
submits such an affidavit, the Department:
(a) Shall maintain a record of the affidavit; and
(b) Shall not suspend the registration of each vehicle currently
registered to that owner as otherwise required by subsection 4.
4. If an owner:
(a) Receives a notice pursuant to subsection 2;
(b) Fails to remove or cause the vehicle to be removed within
the 30-day period set forth in that notice; and
(c) Does not submit an affidavit as described in subsection 3,
the Department shall suspend the registration of each vehicle
currently registered to the owner pursuant to chapter 482 of NRS.
For the purposes of this subsect ion, the determination of the
sheriff’s office or other law enforcement agency that notified the
Department pursuant to paragraph (b) of subsection 1 is conclusive
as to whether the abandoned vehicle was removed within the 30-day
period.
5. If the regist ration of a vehicle is suspended pursuant to
subsection 4, the Department shall reinstate the registration upon
receipt from the registered owner of the vehicle of:
(a) An affidavit setting forth that the registered owner caused the
removal and dispositio n of, or proof that the registered owner paid
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the cost of removal and disposition of, the vehicle discovered
abandoned upon public lands; and
(b) If applicable, proof that the registered owner redeemed any
lien placed pursuant to NRS 487.270 on the vehicle discovered
abandoned on public lands.
6. If a vehicle has been abandoned on public lands and:
(a) The vehicle appears likely to be appraised as a junk
vehicle;
(b) The vehicle is not registered with the Department and it is
not readily ascertainable whether the vehicle is registered in any
other state; and
(c) The identity of the owner of the vehicle is not known or
readily ascertainable,
the sheriff’s office or other law enforcement agency, an
operator of a tow car or an automobile wrecker may, before the
removal of the vehicle, affix a notice to the vehicle stating that the
vehicle, if not removed from the property within 7 days, is subject
to being junked, dismantled or otherwise disposed of without
further not ice. The notice must state the date and time that the
notice was affixed to the vehicle and state that the owner of the
vehicle may, at any time before the vehicle is removed from
the property, request an expedited hearing in the justice court of
the town ship where the property on which the vehicle was
purportedly abandoned is located to contest the classification of
the vehicle as an abandoned junk vehicle.
7. If a sheriff’s office or other law enforcement agency is
notified by a person or another gover nmental entity that a vehicle
has been abandoned on public lands, the sheriff’s office or other law
enforcement agency shall, insofar as practicable and authorized by
law, inform the person or entity making such notification of the
actions taken by the she riff’s office or other law enforcement
agency pursuant to this section.
8. As used in this section, “junk vehicle” has the meaning
ascribed to it in NRS 487.260.
Sec. 3. NRS 487.250 is hereby amended to read as follows:
487.250 1. The state agency or political subdivision shall,
within 48 hours after the appraisal, notify the head of the state
agency of the removal of the vehicle. The notice must contain:
(a) A description of the vehicle.
(b) The appraised value of the vehicle.
(c) A statement as to whether the vehicle will be junked,
dismantled or otherwise disposed of.
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2. [The] Except as otherwise provided in NRS 487.260, the
person who removed the vehicle must notify the registered owner
and any person having a security interest in the vehicle by registered
or certified mail that the vehicle has been removed and will be
junked or dismantled or otherwise disposed of unless the registered
owner or the person having a security interest in the vehicle
responds and pays the costs of removal.
3. Failure to reclaim within 15 days after notification a vehicle
appraised at $500 or less constitutes a waiver of interest in the
vehicle by any person having an interest in the vehicle.
4. If all recorded interests in a vehicle appraised at $500 or less
are waived, either as provided in subsection 3 or by written
disclaimer by any person having an interest in the vehicle, the state
agency, except as otherwise provided in subsection 3 of NRS
487.100, shall issue a salvage title pursuant to NRS 487.810 to the
automobile wrecker who towed the vehicle or to whom the vehicle
may have been delivered, or a certificate of title to the garage owner
if the garage owner elects to retain the vehicle and the vehicle is
equipped as required by chapter 484D of NRS.
Sec. 4. NRS 487.260 is hereby amended to read as follows:
487.260 1. If the vehicle is appraised at a value of more than
$500, the state agency or political subdivision shall dispose of it as
provided in NRS 487.270.
2. If the vehicle is appraised as a junk vehicle [,] by the
Department, or by an automobile wrecker or tow operator
pursuant to such regulations as the Department may prescribe, the
Department may issue a junk certificate to the automobile wrecker
or tow operator who removed the vehicle.
3. If a notice is affixed to a vehicle pursuant to subsection 3
of NRS 487.230 or subsection 6 of NRS 487.235, the vehicle is not
registered with the Department , it is not readily ascertainable
whether the vehicle is registered in any other state and the vehicle
is appraised as a junk vehicle, the automobile wrecker or tow
operator who removed the vehicle:
(a) Shall notify the person or law enforcement agency that
authorized the removal of the vehicle of that fact, and the person
or agency:
(1) Is relieved of the duty to:
(I) Make inquiries to ascertain if the vehicle is stolen or
determine the identity of the owner of the vehicle pursuant to NRS
487.230 or 487.235; or
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(II) Provide noti ce to the registered owner and any
person having a security interest in the vehicle pursuant to
subsection 2 of NRS 487.250.
(2) Shall, if contacted by the owner of the vehicle, provide
the owner with the contact information of the automobile wrecker
or tow operator who removed the vehicle.
(b) Is not required to obtain the identity of or attempt to notify
the owner pursuant to NRS 706.4479.
[3.] 4. An automobile wrecker who possesses a junk certificate
for a junk vehicle may process the vehicle for parts or scrap metal
pursuant to NRS 487.105.
[4.] 5. A vehicle for which a junk certificate has been issued
may be sold to an automobile wrecker by the person to whom the
junk certificate was issued by the seller’s endorsement on the
certificate. Except as otherwise provided in subsection 3 of NRS
487.100, an automobile wrecker who purchases a vehicle for which
a junk certificate has been issued shall immediately affix the
business name of the automobile wrecker as purchaser to the first
available space provided on the reverse side of the certificate. For
the purposes of this subsection, such an automobile wrecker is the
owner of the junk vehicle.
[5.] 6. If insufficient space exists on the reverse side of a junk
certificate to transfer the v ehicle pursuant to subsection [4,] 5,
except as otherwise provided in subsection 3 of NRS 487.100, an
automobile wrecker who purchases a junk vehicle for which a junk
certificate has been previously issued shall, within 10 days after
purchase, apply to the Department for a new junk certificate and
surrender the original certificate.
[6.] 7. A person who sells a junk vehicle shall maintain, for at
least 2 years, a copy of the junk certificate and a record of the name
and address of the person from whom the vehicle was acquired and
the date thereof. The person shall allow any peace officer or any
investigator employed by a state agency to inspect the records
during business hours.
[7.] 8. An automobile wrecker who processes a junk vehicle
for parts or scra p metal shall maintain records as required by
NRS 487.170.
[8.] 9. As used in this section, “junk vehicle” means a vehicle,
including component parts, which:
(a) Has been discarded or abandoned;
(b) Has been ruined, wrecked, dismantled or rendered
inoperative;
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(c) Is unfit for further use in accordance with the original
purpose for which it was constructed;
(d) Is not registered with the Department or has not been
reclaimed by the registered owner or a person having a security
interest in the vehi cle within 15 days after notification pursuant to
NRS 487.250; and
(e) Has value principally as scrap which does not exceed [$200.]
$500.
Sec. 5. NRS 706.4479 is hereby amended to read as follows:
706.4479 1. [If] Except as otherwise provided in NRS
487.260, if a motor vehicle is towed at the request of someone other
than the owner, or authorized agent of the owner, of the motor
vehicle, the operator of the tow car shall, in addition to the
requirements set forth in the provisions of chapter 108 of NRS:
(a) Notify the registered and legal owner of the motor vehicle by
certified mail not later than 21 days after placing the motor vehicle
in storage if the motor vehicle was towed at the request of a law
enforcement officer following a crash involving the motor vehicle or
not later than 15 days after placing any other vehicle in storage:
(1) Of the location where the motor vehicle is being stored;
(2) Whether the storage is inside a locked building, in a
secured, fenced area or in an unsecured, open area;
(3) Of the charge for towing and storage;
(4) Of the date and time the vehicle was placed in storage;
(5) Of the actions that the registered and legal owner of the
vehicle may take to recover the vehicle while incurring the lowest
possible liability in accrued assessments, fees, penalties or other
charges; and
(6) Of the opportunity to rebut the presumptions set forth in
NRS 487.220 and 706.4477.
(b) If the identity of the registered and legal owner is not kn own
or readily available, make every reasonable attempt and use all
resources reasonably necessary, as evidenced by written
documentation, to obtain the identity of the owner and any other
necessary information from the agency charged with the registration
of the motor vehicle in this State or any other state within:
(1) Twenty-one days after placing the motor vehicle in
storage if the motor vehicle was towed at the request of a law
enforcement officer following a crash involving the motor vehicle;
or
(2) Fifteen days after placing any other motor vehicle in
storage.
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The operator shall attempt to notify the owner of the vehicle by
certified mail as soon as possible, but in no case later than 15 days
after identification of the owner is obtained for any motor vehicle.
2. If an operator includes in the operator’s tariff a fee to be
charged to the registered and legal owner of a vehicle for the towing
and storage of the vehicle, the fee may not be charged:
(a) For more than 21 days after placing the mo tor vehicle in
storage if the motor vehicle was towed at the request of a law
enforcement officer following a crash involving the motor vehicle;
or
(b) For more than 15 days after placing any other vehicle in
storage,
unless the operator complies with t he requirements set forth in
subsection 1.
3. If a motor vehicle that is placed in storage was towed at the
request of a law enforcement officer following a crash involving the
motor vehicle or after having been stolen and subsequently
recovered, the operator shall not:
(a) Satisfy any lien or impose any administrative fee or
processing fee with respect to the motor vehicle for the period
ending 4 business days after the date on which the motor vehicle
was placed in storage; or
(b) Impose any fee relating to the auction of the motor vehicle
until after the operator complies with the notice requirements set
forth in NRS 108.265 to 108.367, inclusive.
Sec. 6. NRS 706.4485 is hereby amended to read as follows:
706.4485 1. A law enforcement agency that maintains and
uses a list of operators of tow cars which are called by that agency
to provide towing shall not include an operator of a tow car on the
list unless the operator:
(a) Holds a certificate of public convenience and necessity
issued by the Authority.
(b) Complies with all applicable provisions of this chapter and
chapters 482 and 484A to 484E, inclusive, of NRS.
(c) Agrees to respond in a timely manner to requests for towing
made by the agency.
(d) Maintains adequate, accessible and secure storage within the
State of Nevada for any vehicle that is towed.
(e) Complies with all standards the law enforcement agency may
adopt to protect the health, safety and welfare of the public.
(f) Except as otherw ise provided in NRS 706.4489, assesses
only rates and charges that have been approved by the Authority for
towing services performed without the prior consent of the owner of
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the vehicle or the person authorized by the owner to operate the
vehicle.
2. The Authority shall not require that an operator of a tow car
charge the same rate to law enforcement agencies for towing
services performed without the prior consent of the owner of the
vehicle or the person authorized by the owner to operate the vehicle
that the operator charges to other persons for such services.
3. Except as otherwise provided in this subsection, if an
operator of a tow car is included on a list of operators of tow cars
that is maintained and used by [the Nevada Highway Patrol ] a law
enforcement agency pursuant to this section, the [Nevada Highway
Patrol] law enforcement agency shall not remove the operator of the
tow car from the list, or restrict the operator’s use pursuant thereto,
solely on the ground that the operator is insured und er the same
policy of insurance as one other operator of a tow car who is
included on the list and operates in the same geographical area. An
operator of a tow car is not eligible for inclusion on the list if the
operator is insured under the same policy o f insurance as two or
more other operators of tow cars who are included on the list and
operate in the same geographical area.
4. An operator of a tow car shall not use any software, device
or other means to falsely report the location of the operator or tow
car to a law enforcement agency or any agent of a law
enforcement agency for the purpose of securing a request from the
law enforcement agency to provide towing services. If an operator
of a tow car violates the provisions of this subsection, the law
enforcement agency shall remove for 1 year the operator from the
list of operators of tow cars that is maintained and used by the law
enforcement agency.
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