Nev. Rev. Stat. § 598.9716

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 598.9716 - Requirements for manufacturers, providers and installers; prohibited acts regarding telemetry data; exceptions

1. A person who manufactures or provides electronic tracking technology devices or starter interruption technology devices shall:

(a) Label each such device with the name of the manufacturer and a unique identifier that is designed to remain legible for the estimated useful life of the device.

(b) Keep records for each device for not less than the estimated useful life of the device that include, without limitation:

(1) The date of manufacture;

(2) The date of sale;

(3) The identity of the original purchaser; and

(4) If known, the identity of the person who initially installed the device.

(c) Provide to any installer of the device specific instructions on the proper installation of the device in a vehicle and retain records showing the exact instructions which were provided with each device, as identified with a unique identifier pursuant to paragraph (a).

(d) If he or she regains possession of a device and resells or provides it to another person, keep the records required pursuant to paragraphs (b) and (c).

2. A person who installs an electronic tracking technology device or a starter interruption technology device in a motor vehicle must:

(a) Hold a certification from the:

(1) Mobile Electronics Certified Professional program or its successor; or

(2) National Institute for Automotive Service Excellence or its successor.

(b) Keep records of each installation conducted for not less than 3 years. Such records must include, without limitation:

(1) The date of installation;

(2) The unique identifier on each device as required by paragraph (a) of subsection 1; and

(3) A copy of the installation instructions provided by the manufacturer or provider of the device as required by paragraph (c) of subsection 1.

(c) If the installation is at the request of or on behalf of a creditor in connection with a retail installment contract for the sale of a motor vehicle or a long-term lessor in connection with the lease of a motor vehicle, provide a copy of the records required by paragraph (b) to the creditor or lessor or a designee of the creditor or lessor.

3. A person who possesses or obtains telemetry data related to a consumer that is collected by electronic tracking technology or starter interruption technology may not:

(a) Sell any telemetry data.

(b) Provide any telemetry data to any person or entity other than:

(1) The consumer;

(2) A repossessor who is authorized pursuant to NRS 598.9715 to repossess the motor vehicle from which the telemetry data was obtained; or

(3) A person authorized by law to possess or obtain such telemetry data.

(c) Use any telemetry data for any purpose other than:

(1) As needed to ensure that the electronic tracking technology or starter interruption technology is operating properly, provided that such use is brief and periodic;

(2) To communicate an audible or visible warning to the consumer as authorized in NRS 598.9715;

(3) To activate starter interruption technology as authorized in NRS 598.9715;

(4) To locate a motor vehicle at the request of the consumer; or

(5) To locate the motor vehicle for repossession as authorized in NRS 598.9715.

(d) Retain any telemetry data for a period of more than 180 days after collection of the data.

(e) Fail to erase all electronically stored telemetry data and shred any physical copies of such data not more than 180 days after collection of the data.

4. The provisions of this section do not apply to:

(a) The manufacturer, or an affiliate under common control or ownership of the manufacturer, of a motor vehicle which is equipped with electronic tracking technology or starter interruption technology or from which telemetry data is obtained; or

(b) An insurer, or a wholly owned affiliate of an insurer, of a motor vehicle from which telemetry data is obtained with the consent of the insured.

5. As used in this section, unless the context otherwise requires:

(a) "Repossessor" has the meaning ascribed to it in NRS 648.015.

(b) "Telemetry data" means any information collected by electronic tracking technology or starter interruption technology, regardless of whether such information is transmitted or retained in the device, and includes, without limitation, information pertaining to the location, speed and motion status of a motor vehicle.

NRS 598.9716

Added to NRS by 2017, 4060

Added to NRS by 2017, Ch. 566, § 29