Dumb but COSTLY!!! NV law.

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Craig Naylor
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Dumb but COSTLY!!! NV law.

Post by Craig Naylor »

Warning to anyone driving a Full size P/U (or larger vehicle) into the state of Nevada. They had a sting going into Las Vegas tonight pulling over a great number of vehicles upon entering the state.

Just got ticketed for this. Who would know? Just a major money scam.

NRS 706.521 Temporary permit for certain motor vehicles; fee.

1. Any person has the option, in lieu of causing a commercial motor vehicle as defined in 49 C.F.R. § 350.105 which has a gross vehicle weight rating or combined gross vehicle weight rating in excess of 10,000 pounds to be licensed pursuant to the provisions of NRS 482.482 or 706.841, of purchasing a temporary permit and paying a fee of $5 plus 15 cents for each mile the Department estimates the vehicle will travel within the State of Nevada during the effective period of the temporary permit.

2. Except as otherwise provided in subsection 3, a temporary permit authorizes operation over the highways of this State from point of entry to point of exit for not more than 24 consecutive hours.

3. The Department may issue to the owner or operator of a common motor carrier of passengers a temporary permit which authorizes operation for not more than 120 consecutive hours.

4. If a person is issued a temporary permit pursuant to the provisions of this section, the Department shall credit the cost of that permit against the cost of any license subsequently issued to that person pursuant to the provisions of either NRS 482.482 or 706.841 whose effective dates include the effective dates of the temporary permit, or if that license fee has been satisfied, against any fee owed to the Department pursuant to the provisions of chapter 366 of NRS.

(Added to NRS by 1971, 706; A 1973, 696; 1979, 1077; 1981, 1050; 1985, 1844, 2130; 1987, 608; 1989, 1410; 1993, 1986; 1995, 314; 1997, 323; 2009, 468)

It gets worse. It's not a fine, but a Mandatory court appearance, and it gets better TWO POINTS on your driving record according to the officer who issued it.

Two points????.... not paying some unknown money grab fee for the privileged of driving into another state because you live in and therefore licensed your vehicle in your home state, is the same as a DUI? Really?

Plus for you to comply, before you enter the state, and then DAILY while there. Only commercial fleets can buy one for multiple days (120hrs), not an option for an individual, or non-fleet operator.
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Re: Dumb but COSTLY!!! NV law.

Post by Rick Brown »

Image

Sounds like time for anyone with a big pickup to start sending letters to the Nevada/Las Vegas Visitors Bureau saying they won't be visiting their state any more............
Last edited by Rick Brown on Wed Jan 19, 2011 10:41 pm, edited 1 time in total.
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Re: Dumb but COSTLY!!! NV law.

Post by George Schilling »

Craig Naylor wrote:Warning to anyone driving a Full size P/U (or larger vehicle) into the state of Nevada. They had a sting going into Las Vegas tonight pulling over a great number of vehicles upon entering the state.

Just got ticketed for this. Who would know? Just a major money scam.

NRS 706.521 Temporary permit for certain motor vehicles; fee.

1. Any person has the option, in lieu of causing a commercial motor vehicle as defined in 49 C.F.R. § 350.105 which has a gross vehicle weight rating or combined gross vehicle weight rating in excess of 10,000 pounds to be licensed pursuant to the provisions of NRS 482.482 or 706.841, of purchasing a temporary permit and paying a fee of $5 plus 15 cents for each mile the Department estimates the vehicle will travel within the State of Nevada during the effective period of the temporary permit.

2. Except as otherwise provided in subsection 3, a temporary permit authorizes operation over the highways of this State from point of entry to point of exit for not more than 24 consecutive hours.

3. The Department may issue to the owner or operator of a common motor carrier of passengers a temporary permit which authorizes operation for not more than 120 consecutive hours.

4. If a person is issued a temporary permit pursuant to the provisions of this section, the Department shall credit the cost of that permit against the cost of any license subsequently issued to that person pursuant to the provisions of either NRS 482.482 or 706.841 whose effective dates include the effective dates of the temporary permit, or if that license fee has been satisfied, against any fee owed to the Department pursuant to the provisions of chapter 366 of NRS.

(Added to NRS by 1971, 706; A 1973, 696; 1979, 1077; 1981, 1050; 1985, 1844, 2130; 1987, 608; 1989, 1410; 1993, 1986; 1995, 314; 1997, 323; 2009, 468)

It gets worse. It's not a fine, but a Mandatory court appearance, and it gets better TWO POINTS on your driving record according to the officer who issued it.

Two points????.... not paying some unknown money grab fee for the privileged of driving into another state because you live in and therefore licensed your vehicle in your home state, is the same as a DUI? Really?
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Craig, that sucks big time. Sorry to hear you have to deal with this kind of BS.

What was your GVW. This also means we're all illegal when towing to Wendover or Lincoln. Yuk!
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Re: Dumb but COSTLY!!! NV law.

Post by Thomas Smith »

George Schilling wrote:
What was your GVW. This also means we're all illegal when towing to Wendover or Lincoln. Yuk!
Maybe not. A half ton pickup towing a sports car on an open trailer would likely be under 10k but it would be close.
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Re: Dumb but COSTLY!!! NV law.

Post by Earl Merz »

Tom, they are hitting you for your potential weight, not your actuall weight. So it all about your weight rating.
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Re: Dumb but COSTLY!!! NV law.

Post by Eric Clements »

Craig, were you driving a corporate or personal vehicle?
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Re: Dumb but COSTLY!!! NV law.

Post by John Coffey »

There's a Federal exception to the commercial vehicle requirements and most states also have similar language. 390.3.f.3 is an exception to the regulations that states:
(f)Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to—

(f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;
http://www.fmcsa.dot.gov/rules-regulati ... n_toc=1738" onclick="window.open(this.href);return false;
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Re: Dumb but COSTLY!!! NV law.

Post by Steve Ekstrand »

If its based on CGVWR at 10,000 then it doesn't matter what you weigh or whether you're towing. Your half-ton pick-up or SUV has a rating higher than that. Even some SUV's that aren't truck based.

I gotta think this is only intended to be applied against common carrier and commercial enterprises. Otherwise it wouldn't pass constitutional muster nor would the Casinos allow the politicians to continue breathing.

Of course, how Barney Fife interprets the law is what you're stuck with. You can tell it to the judge, which of course truly costs more than the ticket in a case like this. And two points? Can't imagine.


Oh yeah... I have heard of cops asking racers whether there is any prize money involved in the race they are headed to. Yes? Oh, good that means you're operating illegally without permit in furtherance of a commercial enterprise. Welkomme to Amerika!
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Re: Dumb but COSTLY!!! NV law.

Post by John Coffey »

Sponsor decals on the truck, trailer, or race car are also evidence of the "...furtherance of a commercial enterprise"
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Re: Dumb but COSTLY!!! NV law.

Post by Mike Simanyi »

So it sounds like I'll be taking the scenic route around Nevada, unless Eric and Mari have room for my car again, in which case *they* will probably be doing the scenic route...
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Re: Dumb but COSTLY!!! NV law.

Post by Steve Towers »

During the 6-8 times a year that my wife or I go to Reno for father-in-law maintainence, We've come to the conclusion Nevada is one giant speed trap. A mile or so from FIL's house there's a street about 150 yards long that is 25mph. The coppers hang out in private driveways, behind bushes, or wherever they aren't easily seen. Wifey got hit with 32 in a 25. A half mile in the other direction from FIL's there's an elementary school - flashing lights at both ends of the half mile long school zone - the limit goes from 35 to 15 and back. The 15 applies when the lights are flashing even though there are no kiddies present. Many folks get whacked with 18-19 in a 15.

A couple of years back we drove a new car, purchased in California, to Reno. Temp registration in the window, paper plates. Got pulled over-cop says "where is your license plate"? I explain the California procedure, he says "Your in Nevada now that doesn't apply here. I'll let you off with a written warning but don't let me see you again without a license plate." When you buy a car in Nevada the plates are issued at that time.
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Re: Dumb but COSTLY!!! NV law.

Post by Marshall Grice »

Mike Simanyi wrote:So it sounds like I'll be taking the scenic route around Nevada, unless Eric and Mari have room for my car again, in which case *they* will probably be doing the scenic route...
i read through the law and it only apply to commercial vehicles. ...and apparently nevada isn't the only state doing this.

seems like a couple "not for hire" stickers are in order.
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Re: Dumb but COSTLY!!! NV law.

Post by Rick Brown »

From the other forum I copied this to:

Found more info, basically, none of them will stick if they're not required to have business license and federal operating permits:
http://www.dmvnv.com/pdfforms/mc-ab372-nov09.pdf" onclick="window.open(this.href);return false;
http://www.dmvnv.com/pdfforms/mc-ab372-may09.pdf" onclick="window.open(this.href);return false;
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Re: Dumb but COSTLY!!! NV law.

Post by Tom Tanquary »

Also....... I was parked downtown by Fremont St. and walked back to my van to find a parking person writing a ticket. Only problem was my meter hadn't expired. She slapped it on the window anyway and drove off. We were working with a lawyer in his office there and I asked him about that. He said they routinely write tickets on out of state plates if the meter is less than 15 minutes from expiring. On the back of the ticket in fine print it says you can only pay half the money if you send it in within 10 days. It's not just the slot machines there that are out to get you.

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Re: Dumb but COSTLY!!! NV law.

Post by Steve Ekstrand »

Rick Brown wrote:From the other forum I copied this to:

Found more info, basically, none of them will stick if they're not required to have business license and federal operating permits:
http://www.dmvnv.com/pdfforms/mc-ab372-nov09.pdf" onclick="window.open(this.href);return false;
http://www.dmvnv.com/pdfforms/mc-ab372-may09.pdf" onclick="window.open(this.href);return false;


Barney Fife will hang his hat on these two:
"You are paid or sponsored to participate in an event..."
"It is your responsibility to ensure the vehicle being operated is not a Commercial Motor Vehicle (10,001 lb or more Combined Gross Vehicle Weight)."
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Re: Dumb but COSTLY!!! NV law.

Post by Eric Clements »

Mike Simanyi wrote:So it sounds like I'll be taking the scenic route around Nevada, unless Eric and Mari have room for my car again, in which case *they* will probably be doing the scenic route...
No worries, as long as they're not bothering RV's I'll be fine. If they don't believe my trailer is an RV I'll let them sniff the toilet tank }:)
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Re: Dumb but COSTLY!!! NV law.

Post by Bill Schenker »

What about this?

"You may not need a Trip Permit if:

You are not eligible to claim business expenses from the event and any prize money earned during the event is required to be claimed as income on your Federal Tax return. (See IRS Publication 525)"

(red font mine)
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Re: Dumb but COSTLY!!! NV law.

Post by Marshall Grice »

Bill Schenker wrote:What about this?

"You may not need a Trip Permit if:

You are not eligible to claim business expenses from the event and any prize money earned during the event is required to be claimed as income on your Federal Tax return. (See IRS Publication 525)"

(red font mine)
obviously that exempts all solo racers, except honda drivers winning pro solo's on toyo's. :lol:
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Re: Dumb but COSTLY!!! NV law.

Post by Steve Ekstrand »

Love how it says.... MAY. So, Barney Fife MAY ticket you and then you MAY tell it to the judge in NV on a later expensive trip where the judge MAY dismiss the ticket.
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Re: Dumb but COSTLY!!! NV law.

Post by Craig Naylor »

I was driving a Ryder rental truck with Ryder's DOT on the side. We also have our companies DOT number on the side. We pay apportioning fees (aka fuel taxed base upon mileage driven in different states, regardless of the state the fuel was purchased in). We also have "NOT FOR HIRE" tags on the vehicle.

I don't see in the wording, and the cop indicated this was not a commercial requirement, that it applied to all vehicles over 10k. He also stated that the apportioned paperwork didn't apply, as the fee was a state fee (not federal re-allocation of fuel taxes) and applicable to all non-Nevada registered vehicles.

I can't find anything in the law that states it applies to commercial vehicles only. The Ryder truck is under 26001lbs, and only two axle, so it is not a "commercial truck" per Federal law, and as such no CDL is required to drive it. BUT.... for arguments sake, P/U's are registered as a commercial vehicle in the state of CA, no matter your usage. So the "commercial" argument may not hold water.

We'll see how this plays out. Have daily permits for each day till we leave now.
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Re: Dumb but COSTLY!!! NV law.

Post by Kurt Rahn »

Marshall Grice wrote:seems like a couple "not for hire" stickers are in order.
I've always wondered what those things were for.
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Re: Dumb but COSTLY!!! NV law.

Post by Eric Clements »

Kurt Rahn wrote:
Marshall Grice wrote:seems like a couple "not for hire" stickers are in order.
I've always wondered what those things were for.
I heard "not for hire" was started by contract tow truck drivers that didn't want Jon Doe asking him to pull a car out of the ditch. Then "not for hire" spread to race trailers and RV's that look like charter busses.

There was a thread on this recently on the Turbo Diesel Register. Nobody came up with where it is required and the LEO's said it didn't make a difference to them.
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Re: Dumb but COSTLY!!! NV law.

Post by Mike Simanyi »

All of this - including Tom's experience with the parking ticket - sounds like it should be an episode on Dateline, or 20/20 or 60 minutes.

Segment title: "Nevada best odds: government robbery."
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Re: Dumb but COSTLY!!! NV law.

Post by Kurt Rahn »

Mike Simanyi wrote:All of this - including Tom's experience with the parking ticket - sounds like it should be an episode on Dateline, or 20/20 or 60 minutes.

Segment title: "Nevada best odds: government robbery."
I don't know about you, but if I was in the casino business, I'd be pretty pissed about anything that deterred people from coming to the state and dumping piles of cash down the toilet. I can't believe the gambling lobby is putting up with this, given that they have to account for a huge percentage of the state's overall income (and by extension, taxes).
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Re: Dumb but COSTLY!!! NV law.

Post by Steve Towers »

Segment title: "Nevada best odds: government robbery."
Produced and directed by Harry Reid.
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