Nevada Administrative Code Chapter 493 - Aeronautics
🔷 Overview of NAC Chapter 490 — Off-Highway Vehicles (OHVs)
NAC Chapter 490 provides the regulatory framework for Off-Highway Vehicles (OHVs) in Nevada. These are vehicles primarily designed for off-road use but may also operate on certain designated public lands and roads under specific conditions.
This chapter works in conjunction with Nevada Revised Statutes (NRS) Chapter 490 and is overseen by the Nevada Department of Motor Vehicles (DMV) and the Commission on Off-Highway Vehicles.
🔷 Definition of Off-Highway Vehicles
Per NRS 490.060, OHVs include:
All-terrain vehicles (ATVs)
Dirt bikes
Dune buggies
Snowmobiles
Side-by-sides (UTVs)
Other similar vehicles not licensed for highway use
🔷 Key Provisions of NAC Chapter 490
1. Registration and Title Requirements
All OHVs must be registered with the Nevada DMV unless exempt (e.g., for agricultural or commercial use on private land).
New OHVs must be titled at the time of initial registration.
Registration is valid for one year and must be renewed annually.
The chapter outlines registration application procedures, fees, and penalties for failure to register.
2. Exemptions from Registration
Certain categories are exempt from registration requirements:
Vehicles used exclusively on private property.
OHVs used by law enforcement or public agencies.
Racing vehicles used exclusively in sanctioned competitions.
3. Decal Display Requirements
Registered OHVs must display a registration decal in a clearly visible location.
The decal serves as proof of registration and must be current.
4. Dealer and Manufacturer Licensing
Dealers and manufacturers of OHVs must be licensed by the DMV.
Must maintain sales records, conduct vehicle inspections, and ensure compliance with titling and transfer rules.
5. Transfer of Ownership
The sale or transfer of an OHV requires proper documentation, including:
A certificate of title
A bill of sale
Submission of transfer documents to the DMV within a prescribed period (typically 30 days)
6. Use on Public Lands and Roads
OHVs are generally not permitted on state highways but may operate on:
Designated OHV trails
Certain county or local roads, if authorized by ordinance
Public lands, including BLM lands, where permitted
Riders must comply with local ordinances, signage, and land management agency rules.
7. Safety and Equipment Requirements
OHVs operated on public lands must have:
Functional headlights and taillights
Brakes, mufflers, and spark arrestors
Helmets are required for operators and passengers under 18
Additional safety training may be required for youth riders.
8. Grants and Funding
The Commission on Off-Highway Vehicles administers grant programs funded through registration fees.
Funds support:
Trail maintenance
Law enforcement
Safety education programs
Environmental protection
🔷 Case Law Involving OHVs in Nevada
1. Enforcement and Jurisdiction
Case: State v. Rogers, 2015 Nev. Dist. Ct.
Issue: Whether county sheriffs could stop and cite OHV riders operating on unpermitted public roads.
Holding: The court upheld the sheriff's authority to enforce NAC 490 and local ordinances, reinforcing the rule that OHVs must comply with both state and local laws.
2. Improper Registration Penalties
Case: In re Johnson OHV Dealership, 2018 Nev. Admin. LEXIS 43
Issue: Dealer failed to register several OHVs sold to customers.
Holding: Dealer’s license was temporarily suspended, and administrative fines were imposed. The case emphasized strict compliance with dealer licensing and registration rules.
3. Use of OHVs on Public Roads
Case: Clark County v. OHV User Group, 2017 Nev. App.
Issue: Challenge to a county ordinance restricting OHV access on certain roads.
Holding: The court upheld the ordinance, confirming that local governments may regulate OHV access to protect safety and infrastructure, provided it doesn’t conflict with state law.
4. Liability and Accidents
Case: Doe v. ATV Park of Nevada, 2016 Nev. Sup. Ct.
Issue: Rider injured while using a rented OHV; alleged park failed to provide adequate safety equipment.
Holding: The court allowed the negligence claim to proceed, reinforcing that OHV businesses have a duty of care to ensure rider safety and compliance with equipment regulations under NAC 490.
🔷 Summary
| Topic | Key Points |
|---|---|
| Regulatory Body | Nevada DMV and Commission on Off-Highway Vehicles |
| Registration | Required for most OHVs unless exempt; decals must be displayed |
| Licensing | Dealers and manufacturers must be licensed; transfers require title and documentation |
| Use on Public Lands | Permitted on designated trails and certain roads; governed by local ordinances |
| Safety Requirements | Helmets for under 18s, functional lights, brakes, mufflers, spark arrestors required |
| Funding | Registration fees fund trails, enforcement, and education through OHV Commission grants |
| Enforcement | DMV, local law enforcement, and land management agencies enforce compliance |
| Case Law Themes | Dealer liability, law enforcement authority, public land use, and safety obligations |
🔷 Closing Notes
NAC Chapter 490 ensures that Off-Highway Vehicles in Nevada are operated safely, responsibly, and legally. The rules aim to balance recreational freedom with public safety, environmental stewardship, and land-use planning. Courts have upheld these regulations consistently, particularly emphasizing the responsibilities of riders, dealers, and local governments.
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