A.B. 415
- *AB415*
ASSEMBLY BILL NO. 415–ASSEMBLYMEMBERS
CARTER AND GOULDING
MARCH 12, 2025
____________
JOINT SPONSORS: SENATORS TITUS, TAYLOR; AND LANGE
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions governing the towing of motor
vehicles. (BDR 43-821)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to motor vehicles; revising provisions governing
the disposition of certain vehicles abandoned on public or
private property; revising the value of a vehicle for which
a junk certificate may be issued by the Department of
Motor Vehicles; 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 1
request the removal of a vehicle that has been abandoned on public or private 2
property; and (2) requires the person who requests such a removal to inquire into 3
whether the vehicle was stolen and the identity of the vehicle’s owner. (NRS 4
487.230, 487.235) Existing law requires a person who removed an abandoned 5
vehicle to notify the registered owner and any person having a security interest in 6
the vehicle by registered or certified mail that the vehicle has been removed and 7
will be junked, dismantled or otherwise disposed of unless the owner or the person 8
having the security interest responds and pays the costs of removal. (NRS 487.250) 9
Existing law additionally requires a tow operator to notify the registered and legal 10
owner of a vehicle if the vehicle was towed and placed in storage at the request of 11
someone other than the owner or the owner’s authorized agent. (NRS 706.4479) 12
Existing law authorizes the Department of Motor Vehicles to issue a junk 13
certificate to a tow operator or automobile wrecker for a vehicle that: (1) has been 14
discarded or abandoned; (2) has been ruined, wrecked, dismantled or rendered 15
inoperative; (3) is unfit for further use in accordance with the vehicle’s original 16
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purpose; (4) is unregistered or is not reclaimed by the registered owner or person 17
having a security interest in the vehicle within a certain period of time; and (5) has 18
value principally as scrap which does not exceed $200. (NRS 487.260) Section 4 of 19
this bill increases the value of a vehicle for which a junk certificate may be issued 20
to include a vehicle which has value principally as scrap which does not exceed 21
$500. Sections 1 and 2 of this bill authorize certain persons, with respect to an 22
abandoned, unregistered vehicle which appears likely to be appraised as a junk 23
vehicle and for which the identity of the owner is not known or readily 24
ascertainable, to affix to the vehicle a notice that if the abandoned vehicle is not 25
removed from the public or private property within 5 days, the vehicle is subject to 26
being junked, dismantled or otherwise disposed of. If this notice is affixed to an 27
unregistered vehicle which is appraised as a junk vehicle, sections 1-5 of this bill 28
excuse the person or law enforcement agency that authorized the removal of the 29
vehicle and the tow operator who removed the vehicle from other provisions 30
requiring such persons to make inquiries into the identity of the owner of the 31
vehicle and provide the owner with certain notice regarding the removal of the 32
vehicle. Section 4 requires the person or law enforcement agency that authorized 33
the removal of the vehicle to provide the contact information of the automobile 34
wrecker or tow operator who removed the vehicle if contacted by the vehicle’s 35
owner. Section 4 authorizes an automobile wrecker or tow operator who receives a 36
junk certificate for an abandoned vehicle to which such a notice has been affixed to 37
dispose of the vehicle not earlier than 48 hours after the vehicle arrives and is 38
registered at the place of storage. 39
Existing law prohibits a law enforcement agency that maintains and uses a list 40
of tow cars which are called by that agency to provide towing from including an 41
operator of a tow car on that list unless the operator meets certain requirements. 42
(NRS 706.4485) Section 6 of this bill prohibits an operator of a tow car from using 43
any software, device or other means to falsely report the location of the operator or 44
tow car to a law enforcement agency for the purpose of securing a request from the 45
law enforcement agency to provide towing services. 46
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: 1
487.230 1. Except as otherwise provided in NRS 487.235, 2
any sheriff or designee of a sheriff, constable, member of the 3
Nevada Highway Patrol, officer of the Legislative Police, 4
investigator of the Division of Compliance Enforcement of the 5
Department, personnel of the Capitol Police Division of the 6
Department of Public Safety, designated employees of the Housing 7
Division of the Department of Business and Industry, special 8
investigator employed by the office of a district attorney, marshal or 9
police officer of a city or town or his or her designee, a marshal or 10
park ranger who is part of a unit of specialized law enforcement 11
established pursuant to NRS 280.125, or any other person charged 12
with the enforcement of county or city ordinances who has reason to 13
believe that a vehicle has been abandoned on public property in his 14
or her jurisdiction may remove the vehicle from that property or 15
cause the vehicle to be removed from that property. At the request 16
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of the owner or person in possession or control of private property 1
who has reason to believe that a vehicle has been abandoned on his 2
or her property, the vehicle may be removed by the operator of a 3
tow car or an automobile wrecker from that private property. 4
2. [A] Except as otherwise provided in NRS 487.260, a person 5
who authorizes the removal of an abandoned vehicle pursuant to 6
subsection 1 shall: 7
(a) Have the vehicle taken to the nearest garage or other place 8
designated for storage by: 9
(1) The state agency or political subdivision making the 10
request if the vehicle is removed from public property. 11
(2) The owner or person in possession or control of the 12
property if the vehicle is removed from private property. 13
(b) Make all practical inquiries to ascertain if the vehicle is 14
stolen by checking the license plate number, vehicle identification 15
number and other available information which will aid in identifying 16
the registered and legal owner of the vehicle and supply the 17
information to the person who is storing the vehicle. 18
3. If: 19
(a) The vehicle appears likely to be appraised as a junk 20
vehicle; 21
(b) The vehicle is not registered with the Department or in any 22
other state; and 23
(c) The identity of the owner of the vehicle is not known or 24
readily ascertainable, 25
an operator of a tow car, an automobile wrecker or, in the case 26
of a vehicle abandoned on public property, a state agency or 27
political subdivision, may, before the removal of a vehicle 28
pursuant to this section, affix a notice to the vehicle stating that 29
the vehicle, if not removed from the property within 5 days, is 30
subject to being junked, dismantled or otherwise disposed of 31
without further notice. The notice must state the date and time that 32
the notice was affixed to the vehicle. 33
4. As used in this section, “junk vehicle” has the meaning 34
ascribed to it in NRS 487.260. 35
Sec. 2. NRS 487.235 is hereby amended to read as follows: 36
487.235 1. [If] Except as otherwise provided in NRS 37
487.260, if a sheriff’s office or other law enforcement agency 38
discovers that, or receives notification that, a vehicle has been 39
abandoned on public lands, the sheriff’s office or other law 40
enforcement agency shall: 41
(a) Make all practical inquiries to ascertain if the vehicle is 42
stolen by checking the license plate number, vehicle identification 43
number and other available information which will aid in identifying 44
the owner of the vehicle; and 45
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(b) If the vehicle has not been reported as stolen and the 1
sheriff’s office or other law enforcement agency is able to determine 2
the identity of the owner of the vehicle, notify the Department of 3
those facts. 4
2. Upon the receipt of a notice from a sheriff’s office or other 5
law enforcement agency pursuant to paragraph (b) of subsection 1 6
and if the registration of the vehicle has not expired, the Department 7
shall send by registered or certified mail, return receipt requested, a 8
written notice to the owner of the vehicle stating that the owner 9
must remove or cause the vehicle to be removed from the public 10
lands within 30 days after the date on which the notice was sent. 11
3. If an owner receives a notice pursuant to subsection 2, the 12
owner may submit to the Department an affidavit which states that 13
the owner has taken action which meets the requirements of 14
paragraph (a) or (b) of subsection 2 of NRS 487.220. If the owner 15
submits such an affidavit, the Department: 16
(a) Shall maintain a record of the affidavit; and 17
(b) Shall not suspend the registration of each vehicle currently 18
registered to that owner as otherwise required by subsection 4. 19
4. If an owner: 20
(a) Receives a notice pursuant to subsection 2; 21
(b) Fails to remove or cause the vehicle to be removed within 22
the 30-day period set forth in that notice; and 23
(c) Does not submit an affidavit as described in subsection 3, 24
the Department shall suspend the registration of each vehicle 25
currently registered to the owner pursuant to chapter 482 of NRS. 26
For the purposes of this subsection, the determination of the 27
sheriff’s office or other law enforcement agency that notified the 28
Department pursuant to paragraph (b) of subsection 1 is conclusive 29
as to whether the abandoned vehicle was removed within the 30-day 30
period. 31
5. If the registration of a vehicle is suspended pursuant to 32
subsection 4, the Department shall reinstate the registration upon 33
receipt from the registered owner of the vehicle of: 34
(a) An affidavit setting forth that the registered owner caused the 35
removal and disposition of, or proof that the registered owner paid 36
the cost of removal and disposition of, the vehicle discovered 37
abandoned upon public lands; and 38
(b) If applicable, proof that the registered owner redeemed any 39
lien placed pursuant to NRS 487.270 on the vehicle discovered 40
abandoned on public lands. 41
6. If a vehicle has been abandoned on public lands and: 42
(a) The vehicle appears likely to be appraised as a junk 43
vehicle; 44
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(b) The vehicle is not registered with the Department or in any 1
other state; and 2
(c) The identity of the owner of the vehicle is not known or 3
readily ascertainable, 4
the sheriff’s office or other law enforcement agency, an 5
operator of a tow car or an automobile wrecker may, before the 6
removal of the vehicle, affix a notice to the vehicle stating that the 7
vehicle, if not removed from the property within 5 days, is subject 8
to being junked, dismantled or otherwise disposed of without 9
further notice. The notice must state the date and time that the 10
notice was affixed to the vehicle. 11
7. If a sheriff’s office or other law enforcement agency is 12
notified by a person or another governmental entity that a vehicle 13
has been abandoned on public lands, the sheriff’s office or other law 14
enforcement agency shall, insofar as practicable and authorized by 15
law, inform the person or entity making such notification of the 16
actions taken by the sheriff’s office or other law enforcement 17
agency pursuant to this section. 18
8. As used in this section, “junk vehicle” has the meaning 19
ascribed to it in NRS 487.260. 20
Sec. 3. NRS 487.250 is hereby amended to read as follows: 21
487.250 1. The state agency or political subdivision shall, 22
within 48 hours after the appraisal, notify the head of the state 23
agency of the removal of the vehicle. The notice must contain: 24
(a) A description of the vehicle. 25
(b) The appraised value of the vehicle. 26
(c) A statement as to whether the vehicle will be junked, 27
dismantled or otherwise disposed of. 28
2. [The] Except as otherwise provided in NRS 487.260, the 29
person who removed the vehicle must notify the registered owner 30
and any person having a security interest in the vehicle by registered 31
or certified mail that the vehicle has been removed and will be 32
junked or dismantled or otherwise disposed of unless the registered 33
owner or the person having a security interest in the vehicle 34
responds and pays the costs of removal. 35
3. Failure to reclaim within 15 days after notification a vehicle 36
appraised at $500 or less constitutes a waiver of interest in the 37
vehicle by any person having an interest in the vehicle. 38
4. If all recorded interests in a vehicle appraised at $500 or less 39
are waived, either as provided in subsection 3 or by written 40
disclaimer by any person having an interest in the vehicle, the state 41
agency, except as otherwise provided in subsection 3 of NRS 42
487.100, shall issue a salvage title pursuant to NRS 487.810 to the 43
automobile wrecker who towed the vehicle or to whom the vehicle 44
may have been delivered, or a certificate of title to the garage owner 45
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if the garage owner elects to retain the vehicle and the vehicle is 1
equipped as required by chapter 484D of NRS. 2
Sec. 4. NRS 487.260 is hereby amended to read as follows: 3
487.260 1. If the vehicle is appraised at a value of more than 4
$500, the state agency or political subdivision shall dispose of it as 5
provided in NRS 487.270. 6
2. If the vehicle is appraised as a junk vehicle, the Department 7
may issue a junk certificate to the automobile wrecker or tow 8
operator who removed the vehicle. 9
3. If a notice is affixed to a vehicle pursuant to subsection 3 10
of NRS 487.230 or subsection 6 of NRS 487.235, the vehicle is not 11
registered with the Department or in any other state and the 12
vehicle is appraised as a junk vehicle, the automobile wrecker or 13
tow operator who removed the vehicle: 14
(a) Shall notify the person or law enforcement agency that 15
authorized the removal of the vehicle of that fact, and the person 16
or agency: 17
(1) Is relieved of the duty to: 18
(I) Make inquiries to ascertain if the vehicle is stolen or 19
determine the identity of the owner of the vehicle pursuant to NRS 20
487.230 or 487.235; or 21
(II) Provide notice to the registered owner and any 22
person having a security interest in the vehicle pursuant to 23
subsection 2 of NRS 487.250. 24
(2) Shall, if contacted by the owner of the vehicle, provide 25
the owner with the contact information of the automobile wrecker 26
or tow operator who removed the vehicle. 27
(b) Is not required to obtain the identity of or attempt to notify 28
the owner pursuant to NRS 706.4479. 29
(c) Upon receipt of a junk certificate from the Department, 30
may dispose of the vehicle pursuant to this section, but not earlier 31
than 48 hours after the vehicle arrives and is registered at the 32
place of storage. 33
[3.] 4. An automobile wrecker who possesses a junk certificate 34
for a junk vehicle may process the vehicle for parts or scrap metal 35
pursuant to NRS 487.105. 36
[4.] 5. A vehicle for which a junk certificate has been issued 37
may be sold to an automobile wrecker by the person to whom the 38
junk certificate was issued by the seller’s endorsement on the 39
certificate. Except as otherwise provided in subsection 3 of NRS 40
487.100, an automobile wrecker who purchases a vehicle for which 41
a junk certificate has been issued shall immediately affix the 42
business name of the automobile wrecker as purchaser to the first 43
available space provided on the reverse side of the certificate. For 44
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the purposes of this subsection, such an automobile wrecker is the 1
owner of the junk vehicle. 2
[5.] 6. If insufficient space exists on the reverse side of a junk 3
certificate to transfer the vehicle pursuant to subsection [4,] 5, 4
except as otherwise provided in subsection 3 of NRS 487.100, an 5
automobile wrecker who purchases a junk vehicle for which a junk 6
certificate has been previously issued shall, within 10 days after 7
purchase, apply to the Department for a new junk certificate and 8
surrender the original certificate. 9
[6.] 7. A person who sells a junk vehicle shall maintain, for at 10
least 2 years, a copy of the junk certificate and a record of the name 11
and address of the person from whom the vehicle was acquired and 12
the date thereof. The person shall allow any peace officer or any 13
investigator employed by a state agency to inspect the records 14
during business hours. 15
[7.] 8. An automobile wrecker who processes a junk vehicle 16
for parts or scrap metal shall maintain records as required by 17
NRS 487.170. 18
[8.] 9. As used in this section, “junk vehicle” means a vehicle, 19
including component parts, which: 20
(a) Has been discarded or abandoned; 21
(b) Has been ruined, wrecked, dismantled or rendered 22
inoperative; 23
(c) Is unfit for further use in accordance with the original 24
purpose for which it was constructed; 25
(d) Is not registered with the Department or has not been 26
reclaimed by the registered owner or a person having a security 27
interest in the vehicle within 15 days after notification pursuant to 28
NRS 487.250; and 29
(e) Has value principally as scrap which does not exceed [$200.] 30
$500. 31
Sec. 5. NRS 706.4479 is hereby amended to read as follows: 32
706.4479 1. [If] Except as otherwise provided in NRS 33
487.260, if a motor vehicle is towed at the request of someone other 34
than the owner, or authorized agent of the owner, of the motor 35
vehicle, the operator of the tow car shall, in addition to the 36
requirements set forth in the provisions of chapter 108 of NRS: 37
(a) Notify the registered and legal owner of the motor vehicle by 38
certified mail not later than 21 days after placing the motor vehicle 39
in storage if the motor vehicle was towed at the request of a law 40
enforcement officer following a crash involving the motor vehicle or 41
not later than 15 days after placing any other vehicle in storage: 42
(1) Of the location where the motor vehicle is being stored; 43
(2) Whether the storage is inside a locked building, in a 44
secured, fenced area or in an unsecured, open area; 45
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(3) Of the charge for towing and storage; 1
(4) Of the date and time the vehicle was placed in storage; 2
(5) Of the actions that the registered and legal owner of the 3
vehicle may take to recover the vehicle while incurring the lowest 4
possible liability in accrued assessments, fees, penalties or other 5
charges; and 6
(6) Of the opportunity to rebut the presumptions set forth in 7
NRS 487.220 and 706.4477. 8
(b) If the identity of the registered and legal owner is not known 9
or readily available, make every reasonable attempt and use all 10
resources reasonably necessary, as evidenced by written 11
documentation, to obtain the identity of the owner and any other 12
necessary information from the agency charged with the registration 13
of the motor vehicle in this State or any other state within: 14
(1) Twenty-one days after placing the motor vehicle in 15
storage if the motor vehicle was towed at the request of a law 16
enforcement officer following a crash involving the motor vehicle; 17
or 18
(2) Fifteen days after placing any other motor vehicle in 19
storage. 20
The operator shall attempt to notify the owner of the vehicle by 21
certified mail as soon as possible, but in no case later than 15 days 22
after identification of the owner is obtained for any motor vehicle. 23
2. If an operator includes in the operator’s tariff a fee to be 24
charged to the registered and legal owner of a vehicle for the towing 25
and storage of the vehicle, the fee may not be charged: 26
(a) For more than 21 days after placing the motor vehicle in 27
storage if the motor vehicle was towed at the request of a law 28
enforcement officer following a crash involving the motor vehicle; 29
or 30
(b) For more than 15 days after placing any other vehicle in 31
storage, 32
unless the operator complies with the requirements set forth in 33
subsection 1. 34
3. If a motor vehicle that is placed in storage was towed at the 35
request of a law enforcement officer following a crash involving the 36
motor vehicle or after having been stolen and subsequently 37
recovered, the operator shall not: 38
(a) Satisfy any lien or impose any administrative fee or 39
processing fee with respect to the motor vehicle for the period 40
ending 4 business days after the date on which the motor vehicle 41
was placed in storage; or 42
(b) Impose any fee relating to the auction of the motor vehicle 43
until after the operator complies with the notice requirements set 44
forth in NRS 108.265 to 108.367, inclusive. 45
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Sec. 6. NRS 706.4485 is hereby amended to read as follows: 1
706.4485 1. A law enforcement agency that maintains and 2
uses a list of operators of tow cars which are called by that agency 3
to provide towing shall not include an operator of a tow car on the 4
list unless the operator: 5
(a) Holds a certificate of public convenience and necessity 6
issued by the Authority. 7
(b) Complies with all applicable provisions of this chapter and 8
chapters 482 and 484A to 484E, inclusive, of NRS. 9
(c) Agrees to respond in a timely manner to requests for towing 10
made by the agency. 11
(d) Maintains adequate, accessible and secure storage within the 12
State of Nevada for any vehicle that is towed. 13
(e) Complies with all standards the law enforcement agency may 14
adopt to protect the health, safety and welfare of the public. 15
(f) Except as otherwise provided in NRS 706.4489, assesses 16
only rates and charges that have been approved by the Authority for 17
towing services performed without the prior consent of the owner of 18
the vehicle or the person authorized by the owner to operate the 19
vehicle. 20
2. The Authority shall not require that an operator of a tow car 21
charge the same rate to law enforcement agencies for towing 22
services performed without the prior consent of the owner of the 23
vehicle or the person authorized by the owner to operate the vehicle 24
that the operator charges to other persons for such services. 25
3. Except as otherwise provided in this subsection, if an 26
operator of a tow car is included on a list of operators of tow cars 27
that is maintained and used by the Nevada Highway Patrol pursuant 28
to this section, the Nevada Highway Patrol shall not remove the 29
operator of the tow car from the list, or restrict the operator’s use 30
pursuant thereto, solely on the ground that the operator is insured 31
under the same policy of insurance as one other operator of a tow 32
car who is included on the list and operates in the same geographical 33
area. An operator of a tow car is not eligible for inclusion on the list 34
if the operator is insured under the same policy of insurance as two 35
or more other operators of tow cars who are included on the list and 36
operate in the same geographical area. 37
4. An operator of a tow car shall not use any software, device 38
or other means to falsely report the location of the operator or tow 39
car to a law enforcement agency for the purpose of securing a 40
request from the law enforcement agency to provide towing 41
services. 42
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