NRS 484A.805 Peace officer may seize license plates from or impound certain commercial vehicles subject to out-of-service order: Requirements; procedures; notice.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in subsection 4, a peace officer may seize the license plates from a commercial motor vehicle which is:

(a)Registered or operating in this State pursuant to the provisions of NRS 706.801 to 706.861 , inclusive, and has a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 10,000 pounds;

(b)Registered in this State pursuant to chapter 482 of NRS, operating in intrastate commerce and has a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 26,000 pounds; or

(c)Transporting hazardous material,

Ê if the peace officer determines that the motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order.

2. Upon the seizure of any license plates pursuant to subsection 1, a peace officer shall immediately:

(a)Provide the motor carrier responsible for the safety of the commercial motor vehicle, if present, or the driver of the commercial motor vehicle if the motor carrier responsible for the safety of the commercial motor vehicle is not present, a notice which explains the procedures required pursuant to this section and NRS 482.465 ; and

(b)Transmit the license plates to the Department.

3. The Department, upon the receipt of the license plates pursuant to subsection 2, shall proceed as provided in NRS 482.465 .

4. A peace officer may impound a commercial motor vehicle which meets the requirements of paragraph (a),

(b)or

(c)of subsection 1 if the peace officer determines that:

(a)The motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order; and

(b)The motor carrier responsible for the safety of the commercial motor vehicle is not the registered owner of the vehicle.

5. Upon the impounding of a commercial motor vehicle pursuant to subsection 4, the peace officer who impounded the vehicle or the law enforcement agency for which he or she is employed shall notify the registered owner of the commercial motor vehicle of the impoundment as soon as practicable.

6. As used in this section:

(a)“Combined gross vehicle weight” has the meaning ascribed to it in NRS 482.0152 .

(b)“Combined gross vehicle weight rating” has the meaning ascribed to it in NRS 482.0153 .

(c)“Gross vehicle weight” has the meaning ascribed to it in NRS 482.0443 .

(d)“Gross vehicle weight rating” has the meaning ascribed to it in NRS 482.0445 .

(e)“Hazardous material” has the meaning ascribed to it in NRS 459.7024 .

(f)“Out-of-service order” has the meaning ascribed to it in NRS 482.083 .